Loading...
R-88-1142 - 8/3/1988RESOLUTION NO. / / WHEREAS, the City Council has previously expressed an interest in acquiring a tract of land for a municipal golf course; and WHEREAS, Ben Franklin Corporation and Franklin Savings Association (collectively "Franklin ") and Killeen Savings Association ( "KSA ") have submitted a Proposal Letter to the City which provides for the dedication by Franklin and KSA of approximately 190 acres of land for development of a public fee golf course; and WHEREAS, the City Council wishes to enter into said Proposal Letter; NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the terms and provisions of said Proposal Letter are hereby approved, and the Mayor is hereby authorized and directed to execute on behalf of the City said Proposal Letter with Franklin and KSA, a copy of which is attached hereto and incorporated herein for all purposes. RESOLVED this 3rd day of August, 1938. ATTEST: L/ / /1/. Al JP NNE LAND, City Secretary MIKE ROBINSON, Mayor City of Round'Rock, Texas City of Round Rock 221 East Main Street Round Rock, Texas 78664 Gentlemen: This letter ( "Proposal Letter ") sets forth the proposal of Ben Franklin Corporation and Franklin Savings Association (collectively, "Franklin ") and Killeen Savings Association ( "KSA ") to the City of Round Rock, Texas ("City"), of a transaction in which (i) Franklin would dedicate to the City approximately 170 acres of land located in Williamson County, Texas, as generally depicted on Exhibit A annexed hereto as the golf course ( "Golf Course Tract "), and (ii) KSA would assist in the dedication to the City of sufficient acreage (not to exceed 20 acres of land lying outside the 100 year flood plain) located in Williamson County, Texas, for development as a public fee golf course and the construction thereon of certain related improvements. The proposed transaction ( "Dedication ") is subject to, and contingent upon the satisfaction of, the conditions set forth in this Proposal Letter. Franklin and KSA propose that the Dedication be effected pursuant to the terms of definitive agreements (collectively, "Dedication Documents "), which will contain, in addition to those matters set forth in this Proposal Letter, mutually agreeable customary covenants and agreements and various conditions of closing. Franklin, KSA and the City agree that no party is obligated to close the Dedication unless and until the Dedication Documents are executed and delivered by all of the parties thereto, at which point the Dedication Documents shall supersede this Proposal Letter. Prior to the execution of the Dedication Documents, however, and until this Proposal Letter is terminated as hereinafter provided, Franklin, KSA and the City agree as follows: 1. Certain Agreements of Franklin. Franklin covenants and agrees with the City and KSA as follows: A. Franklin agrees to dedicate to the City the Golf Course Tract, the Rights -of -Way (as hereinafter defined) and the rights of Franklin in the two existing water wells located on the Golf Course Tract (including easements, if necessary) upon (i) approval by Franklin of the Final Plans (as hereinafter defined), (ii) execution and delivery of the Dedication Documents and (iii) satisfaction of the other conditions set forth in Section 4 hereof. The "Rights -of -Way" are the proposed roadways and related facilities and improvements shown on Exhibit A annexed August 3, 1988 City of Round Rock August 3, 1988 Page 2 hereto as Doublecreek Parkway and the Golf Course Entry Road, but only to the extent said proposed roadways lie within the Franklin Tract (as hereinafter defined). Where said proposed roadways are located adjacent to land owned by others, Franklin will dedicate 60 feet of right -of -way. B. Franklin hereby submits to the City, for the City's review and approval, Exhibit A annexed hereto as the preliminary layout and routing plan ( "Preliminary Plans ") for the Course and Facilities (as hereinafter defined). C. Franklin will enter into agreements sufficient to (i) reflect Franklin's commitment to extend, at its expense, a 12 inch water main along Gattis School Road, then north on County Road 122 to the northwest corner of the approximate 412 acre tract of land located in Williamson County, Texas, as generally depicted as lying within the subdivision boundaries shown on Exhibit B annexed hereto ( "Franklin Tract "), with said water main to be constructed along the line reflected by points H to G to F to E to D to C on Exhibit C annexed hereto and described on Table 1 annexed hereto, and (ii) evidence Franklin's agreement that the City, at its expense, shall be permitted to oversize said main in accordance with the City's oversize policy; provided, that the payment for the oversizing is made by the City to Franklin upon acceptance by the City of said main. D. Franklin will enter into agreements sufficient to (i) reflect Franklin's commitment to extend, at its expense, a 15 inch wastewater main to the Franklin Tract along the line reflected by points D to J on Exhibit C annexed hereto and described on Table 1 annexed hereto, and (ii) evidence Franklin's agreement that the City, at its expense, shall be permitted to oversize said main in accordance with the City's oversize policy; provided, that the payment for the oversizing is made by the City to Franklin upon acceptance by the City of said main. It is agreed that wastewater service to the Course and Facilities and the initial development phase of the Franklin Tract will be supplied from existing mains located within Oak Bluff Estates Phase II. The construction of the wastewater main along the line reflected by points D to J on Exhibit C annexed hereto will be completed prior to exhaustion of the existing capacity from within Oak Bluff Estates Phase II. Franklin expressly acknowledges that the capacity of the mains located within Oak Bluff Estates Phase II is limited and that KSA, and its successors and assigns, shall have a first and prior right to obtain for lots in Oak Bluff Estates Phases I and II connections for wastewater service provided by such mains. In recognition of that priority, Franklin and KSA will, as soon as practicable after the execution of this Letter of Intent, enter into City of Round Rock August 3, 1988 Page 3 discussions concerning the 'preparation and execution of an agreement mutually acceptable to each pursuant to which Franklin and KSA will agree upon (a) the basis upon which a determination that the capacity of the existing mains located within Oak Bluff Estates Phase II will' be (or will probably be) exhausted and (b) an appropriate' time period after the determination of capacity exhaustion after which (i) Franklin will no longer be allowed further connections for wastewater service and (ii) connections servicing'the Franklin Tract or lots located therein shall be removed from the existing mains and transferred to other facilities provided by Franklin. E. Franklin will enter into agreements sufficient to reflect Franklin's option to construct, at its expense and at the time necessary for Franklin's development of the Franklin Tract, an additional section of the proposed Golf Course Entry Road from proposed Doublecreek Parkway to the proposed clubhouse of the Course and Facilities. F. Franklin will (i) use its best efforts to secure disannexation (but Franklin shall have no obligation to secure disannexation to the extent the cost exceeds $100.00 per acre to Franklin) of the Franklin Tract from the City of Hutto's extra- territorial jurisdiction ( "ETJ "), and (ii) request voluntary annexation of the Franklin Tract into the city limits of the City in accordance with the terms of this Proposal Letter. 2. Certain Agreements of KSA. KSA covenants and agrees with the City and Franklin as follows: A. KSA will use its best efforts of a non- monetary nature to assist the City in acquiring, or causing to be dedicated to the City, a sufficient amount of acreage from the Pfluger - Knebel Ranch (the " Pfluger Tract ") necessary for the construction of the Course and Facilities (as hereinafter defined) lying outside the boundaries of the Franklin Tract, as shown on Exhibit A, in accordance with the Final Plans, but in no event to exceed 20 acres of land lying outside the 100 -year flood plain. B. KSA will dedicate to the City a mutually agreed upon number of (but no more than 2) residential lots within Oak Bluff Estates Phase II (which is referred to generally on Exhibit A annexed hereto as the Existing Subdivision) in order to complete the Course and Facilities in accordance with the Final Plans. C. KSA will contribute the amount of $215,000.00 in 3 6 partial payment for the water line / improvements to be constructed 1 - ratably as CO/15�/'UG7'6d by Crank m+� City of Round Rock August 3, 1988 Page 4 by Franklin to point C as outlined on Exhibit C hereto and as further described in Section 1 (C) hereof; provided, that (1) said improvements shall be sufficient to provide water capacity to Oak Bluff Estates Phase I and Phase II of at least 325 living unit equivalents and (2) the City shall enter into a mutually satisfactory agreement with Round Rock Water Supply Corporation, a Texas non - profit corporation, to supply water on a wholesale basis to said corporation. D. KSA will enter into an agreement with the City providing for a mutually acceptable annexation of Oak Bluff Estates Phase II into the City. 3. Certain Agreements of the City. The City covenants and agrees with Franklin and KSA as follows: A. The City, at'.its expense, will enter into agreements sufficient to provide the means of financing (and the City shall actually fund the costs of and retire the indebtedness for) the championship golf course to be constructed on the Golf Course Tract, together with a first -class driving, - chipping and putting range, adequate dining facilities, pro -shop, cart barn, irrigation system, utility connections, access roads to the golf course and other related facilities "and amenities (collectively, "Course and Facilities "). - The agreements described in the preceding sentence, together with all agreements relating to the construction, management and maintenance t)e C r e and Facilities, will be subject to the revs ^ T- a val of Franklin A, which shall not be unreasonably withheld. J61 B. The City will review and approve the Preliminary Plans. Upon approval of the Preliminary Plans by the City, the City, at its expense, will prepare detailed plans and specifications ( "Final Plans ") for the Course and Facilities which shall be consistent with the Preliminary Plans and shall subb'' ec(tG$ o Franklin's �' s revi w axed aplarovalAS ' // � /e/S pu 3 rWi l t M � M ai(wattet5, a 5 to9t(2/5 /G(4f t1 tn ''e/fyV&t 17 L Q pi 1� � 4d • Y 5 T e City, at its expense, will prepare and submit to Franklin and KSA for approval the Dedication Documents, a final boundary survey, deeds and other conveyance documents consistent with the Final Plans approved by Franklin and KSA. D. The City will enter into agreements sufficient to include in the City's Capital Improvement Program ( "CIP "), and the City will pay the costs of, all water system improvements (other than those described in Section 1(C) and (D) hereof) required to serve the Golf Course Tract, the Franklin Tract, Oak Bluff Estates Phase I and Phase II and the Pfluger Tract; provided, that, solely with respect to the Pfluger Tract, the fo re vteul as a /4 rea/e, o fa 4l /,�af/�rs �e /Q7 S 'p4k Fe-04 k.t �v� / a'id 4 tee�e4 /, ot- or d, �y 6e4efi/,4rn Fi�in�/i, S1(� a ✓!d !� ky►� as aGl m atfers ve/a / prnp f dea�,�af �,� b y k.5 a w d agr � o f b.- d,Pe��ry 6 e�e nq k�� City of Round Rock August 3, 1988 Page 5 City's obligations set forth in this Section 3(D) are conditioned upon (i) the owners of the Pfluger Tract dedicating to the City the portion of the Pfluger Tract comprising a portion of the Course and Facilities (as generally described in Section 2(A) hereof [ "Pfluger Course Tract")), (ii) the City's ability to serve the Pfluger Tract and (iii) the Pfluger Tract being annexed into the City. E. The City will (i) construct, at its expense, at the time of construction of the Course and Facilities, (a) at is4 �444;1 S e '-t option, a 24 foot curb and gutter roadway or a 28 foot open ditch roadway with concrete ribbon edging from County Road 122 to the point shown on Exhibit A annexed hereto and referred M lt to as Doublecreek Parkway, (b) at Franklin's option, a 24 foot curb and gutter roadway or a 28 foot open ditch roadway with concrete ribbon edging from said point on Doublecreek Parkway to the proposed clubhouse for the Course and Facilities and referred to on Exhibit A annexed hereto as the Golf Course Entry Road, and (c) the necessary golf cart crossing structures within said roadways, and, (ii) include the remaining construction of Doublecreek Parkway in the City's arterial roadway plan and its capital improvement program for construction at such time as bonds may be approved by the voters of the City and traffic demands warrant such construction. To the extent Franklin requires any of said roadways to serve the Franklin Tract prior to City funding, Franklin may construct any of said roadways to the standards that previous sections thereof have been constructed. Franklin will be reimbursed by the City for all costs of any such optional construction from roadway fees previously collected by the City relative to the Franklin Tract and Golf Course Tract. To the extent that construction costs exceed such collected fees, the City will reimburse Franklin for such costs from future fees collected relative to the Franklin Tract and Golf Course Tract when and as such fees are collected. F. The City will facilitate the disannexation of the Franklin Tract and Pfluger Course Tract from the City of Hutto ETJ and, following disannexation, will commence the annexation of the Franklin Tract and Pfluger Course Tract into the City. Concurrently with the commencement of annexation of the Franklin Tract and Pfluger Course Tract, the City will commence annexation of Oak Bluff Estates Phase I and Phase II into the City. G. The City will enter into agreements with Franklin sufficient to evidence the City's agreement that the Dedication shall constitute a full and complete satisfaction of all of Franklin's parkland dedication and stormwater detention requirements for the Franklin Tract, and the Final Plans for the City of Round Rock August 3, 1988 Page 6 Course and Facilities shall reflect a design sufficient to satisfy said requirements. H. The City will enter into agreements with Franklin sufficient to evidence the City's agreement that Franklin (or its designee) shall be given, by the City, 60 days prior written notice in each instance in which the City is considering a change in either capital recovery fees or building permit fees, and the City therein shall agree that Franklin's remedy for the failure of the City to give said 60 day notice shall be that Franklin (or its designee) shall have an opportunity for a period of an additional 30 days after it receives written notice from the City within which to pay capital recovery fees or building permit fees in the amounts in effect prior to each such change even though said 30 day period may be effective subsequent to a change in said fees. I. The City will reimburse Franklin for all oversize water and wastewater mains greater than 8 inches and oversize lift stations and force mains built within the Franklin Tract. The reimbursement amounts will be the amounts established by the related City ordinance then in effect. J. The City agrees to facilitate the disannexation of the Franklin Tract from the Hutto ETJ as contemplated in this Proposal Letter. K. The City agrees to facilitate the acquisition of the Pfluger Course Tract by the City as contemplated in this Proposal Letter. L. The City agrees to accept the dedication of the Golf Course Tract, the Rights -of -Way and water well rights and, upon conveyance thereof to the City, the City agrees to assume the maintenance thereof. 4. Conditions. In addition to the condition that the Dedication Documents be fully executed and delivered by all parties thereto, the obligations of the City, Franklin and KSA set forth herein are further subject to and conditioned upon satisfaction of the following conditions: A. Each of the covenants and agreements of Franklin set forth in Section 1 shall have been satisfied. B. Each of the covenants and agreements of KSA set forth in Section 2 shall have been satisfied. 0 City of Round Rock August 3, 1988 - Page 7 C. Each of the covenants and agreements of the City set forth in Section 3 shall have been satisfied. D. The City, Franklin and KSA shall have entered into agreements consistent with the Final Plans resolving the common development issues pertaining to the Franklin Tract, Golf Course Tract, Oak Bluff Estates Phase I and Phase II, Pfluger Tract, Pfluger Course Tract and the tract owned by KSA's affiliate, Round Rock Country Club. E. The obligations herein of both Franklin and KSA are subject to, and conditioned upon, receipt of all requisite regulatory approvals. F. The Pfluger Course Tract shall have been acquired by the City for use as a portion of the Course and Facilities, and the Pfluger Tract and Franklin Tract shall have been disannexed from the City of Hutto ETJ and said tracts and Oak Bluff Estates Phase I and Phase II annexed into the City in accordance with the terms of this Proposal Letter. In addition to the foregoing conditions, Franklin's obligations set forth herein are also subject to and conditioned upon satisfaction of the following conditions (each or both of which may be waived by Franklin at its discretion): G. The City shall have approved a preliminary plat of the Franklin Tract substantially in accordance with Exhibit B annexed hereto and in accordance with the terms and provisions outlined in this Proposal Letter. H. The City shall have approved the zoning of the Franklin Tract as designated on Exhibit B annexed hereto and in accordance with the terms and provisions outlined in this Proposal Letter. 5. Mutual Covenants and Agreements. A. Each of the City, Franklin and KSA represents to the other parties that it has not engaged, and covenants that it will not engage, any broker or finder in connection with this Proposal Letter or the Dedication or any other transaction contemplated herein in a manner so as to give rise to any valid claim for any broker's or finder's fees or similar compensation. Each party further represents to the other parties that it has not authorized, and will not authorize, any person to act in a manner so as to give rise to any valid claim for any broker's or finder's fees or similar compensation, and if any party or their City of Round Rock August 3, 1988 Page 8 affiliates has caused any such fee to be payable, then such party shall bear any such fee. B. Until the earlier of the mutual termination of this Proposal Letter or the consummation of the Dedication, the City, Franklin and KSA each agree that none of them, nor any of their officers, directors, employees or representatives, will, without the other parties' prior written consent, encourage, solicit or initiate any discussion or negotiations with any person, entity or group, other than the other parties hereto and their respective officers, directors, employees and representatives, concerning the ownership, construction, financing and operation of a municipal, golf course of or by the City, except as may be required by law; provided, that Franklin and KSA agree that the City may conduct discussions with respect to the Chandler Creek /IH -35 site consistent with the City's Resolution No. 1137R, adopted July 28, 1988. C. It is acknowledged that the City will disclose the necessary terms of this Proposal.. Letter in accordance with the requirements of the Texas Open Meetings Act and the Texas Open Records Act. It is further acknowledged that each of the parties has approved the contents of.the initial public disclosure of this Proposal Letter. D. Subject to the terms and conditions set forth herein, the City, Franklin and KSA agree to be bound by the terms and provisions hereof, to proceed in good faith and to use their best efforts to consummate the Dedication prior to September 15, 1988. E. Each party shall bear its own expenses incident hereto, regardless of whether the Dedication closes. F. This Proposal Letter may only be terminated by mutual agreement of the parties hereto; provided, however, in the event the Dedication is not consummated on or before December 31, 1988, then this Proposal Letter shall automatically terminate. If you are in agreement with the terms and conditions of this Proposal Letter, please evidence your agreement by executing a copy of this Proposal Letter in the space provided for your signature and return such copy to the undersigned. Upon your execution and delivery of a signed counterpart of this Proposal Letter, this Proposal Letter: (i) shall constitute an agreement which will be binding on and enforceable by each of us, our respective successors and assigns, in accordance with the terms hereof; (ii) shall be governed by and construed in accordance with the laws of the State of Texas; (iii) shall set City of Round Rock August 3, 1988 Page 9 forth the entire agreement and supersede all prior agreements and understandings, both written or oral, by or among us with respect to the subject matter hereof; and (iv) shall be subject to change, modification or assignment only upon our mutual written consent. Attest: nn Land, City Secretary f: \maherndo \9588 \0025 \Proposal. 08 pee. 08 /02 /88.ej] Respectfully submitted, By: By: Vice President KILLEEN SAVINGS ASSOCIATION J� n Ramzy President ACCEPTED AND AGREED TO this 3rd day of August, 1988. CITY OF ROUND ROCK, TEXAS Mike Robinson, Mayor TABLE 1 OFFSITE =STY COSTS FRANKLIN 582 ROUND ROCK, TEXAS Cost to Coat to Total . . , - Recommended Immrovements BFC City _col - - - water Line Extension - Gattis School Pd. $115, 200 $ 57,600 __ $172, 800 H to G 18" lire Line Extension - CR 122 154,800 51,600 206,400 G to E 24" line Line Extension - CR 122 115,200 38, 400 153, 600 E to 24" line =. Line Extension - CR 122 -- 18" line 86.400 21.A22 .115.200 Subtotal $471,600 - $176,400 $648,000 aelmr Line Extension to Brushy Creek 216,000 43,200 259,200 Regional Treatment Plant D to J 18" line Graywater Irrigation Line 255.600 255.600 --- Subtotal $216, 000 $298, 800 $514, 800 - Ttrtal $687, 600 $475, 200 $1,162,800 I: \ manern00 \9580 \ 0025 \Tablet 02 Exhibit C l } " • : ; LAKE `-GRANGER . ?ALM ) I ( SUPPLY , .. rhaK BP - lo. • 1 .. :: Scale= I =2000' r. GT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 CITY OF ROUND ROCK PUBLIC WORKS PROJECT ROUND ROCK MUNICIPAL GOLF COURSE SPECIFICATIONS AND CONTRACT DOCUMENTS 1 1 1 1 1 CONSTRUCTION 1 SPECIFICATIONS 1 ROUND ROCK 1 MUNICIPAL GOLF COURSE 1 1 1 1 1 CITY OF ROUND ROCK, TEXAS 1 1 1 1 1 1 SET NO INDEX Notice to Contractors NTC -1 Instructions to Bidders ITB -1 - ITB -3 Agreement PBD -1 - PBD -3 Statement of Bidders Qualifications PBD -4 - PBD -7 Non Collusion Affidavit of Prime Bidder PBD -8 Bid Bond BB -1 - BB -2 Contractors List of Subcontractors /Suppliers LSS -1 Bid Schedule (Unit Price) Golf Course Construction BS -1 - BS -3 Bid Schedule - Irrigation BS /I -4- BS /I -5 Bid Schedule Summary BS -6 Alternates BS -7 Notice of Award NA -1 Performance Bond PB -1 - PB -2 Payment Bond PB -3 - PB -4 Maintenance Bond MB -1 - MB -2 Notice to Proceed NTP -1 Change Order CO -1 - CO -2 General Conditions GC -1 - GC -26 Special Conditions SC -1 - SC -5 Technical Specifications: Clearing and Grubbing CG -1 - CG -4 Earthwork E -1 - E -7 Golf Course Details GD -1 - GD -8 Underground Drainage Systems UD -1 - UD -5 Sprigging, Fertilization and Sodding SFS -1 - SFS -4 Irrigation - Material - Installation I /MI -1- I /MI -7 Irrigation - Special Instructions I /SC -1- I /SC -7 Plans and Construction Drawings: Cover Sheet CB -1 Clearing and Grubbing Plan /Site Preparation (Fence Removal) GP -1 Grading Plan - Front Nine GP -2 Grading Plan - Back Nine CP -1 Cart Path Plan CD -1 Construction Details - Greens /Tile NOTICE TO CONTRACTORS Sealed proposals addressed to the City Manager, City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the construction of the Round Rock Municipal Golf Course. The work to be performed under the provisions of these Contract Documents shall consist of the construction of the 18 - hole Round Rock Municipal Golf Course located East of town within the Franklin Tract off County Road 122 adjacent to Oak Bluff Subdivision to the South. The Contractor shall be responsible for providing all superintendence, equipment, labor, supplies, materials, transportation, etc..., for completing the job as detailed on the bidding plans and in the contract documents. Proposal forms, specifications, and instructions to bidders may be obtained from the office of the City Secretary, 3rd floor, City Hall in Round Rock, Texas beginning August 28, 1989, for a nonrefundable charge of Sixty -five Dollars ($65.00) per set. Bids will be received until 2:00 P.M., September 14, 1989, then publicly opened and read aloud. No bids may be withdrawn after the scheduled opening time. Any bids received after schedule bid opening time will be returned unopened. A pre -bid conference is scheduled for 2:00 P.M., September 8, 1989. All bidders are encouraged to attend but this is not mandatory. All proposals shall be accompanied by a certified cashier's check upon a national or state bank in the amount of five (5 %) percent of the total maximum bid price payable without 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 performance bond within ten (10) days after notice of award of contract to him. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the bid documents. When determining the responsibility of the lowest and best bidder, the City will require evidence of recent experience in the construction and supervision of golf courses. Pub. Dates: Austin American Statesman Round Rock Leader NTC -1 JOANNE LAND City Secretary City of Round Rock INSTRUCTIONS TO BIDDERS 1. PROPOSAL 1.1 All bidders shall observe the following instructions and those contained in the "Notice to Contractors ". 1.2 Only bids submitted upon the proposal form furnished herein will be accepted. All items shall be properly filled out. Numerals, printing and signatures shall be written in ink. Signatures shall be in longhand. Alterations to bid amounts by erasures or by interlineations shall be initialed by the signer of the Bid Proposal. Any Bid Proposal not duly signed will not be considered. Alternative proposals will not be considered unless called for in the proposal form. 1.3 All bids must be sealed, addressed to and deposited on or before the day and hour set for the opening of bids at the location called for in the "Notice to Contractors ". The bids must be submitted in a sealed envelope, and outside of the envelope shall show the title of the work as shown on the specifications, the date and time of opening and the name of the bidder. 1.4 The bid shall be submitted on the proposal ation from the documents. The entire book shall proposal. 2. PROPOSAL GUARANTEE Each proposal shall be accompanied with a drawn on an acceptable bank or a bid bond in an (5 %) of the total bid. ITB -1 form as provided, without separ- be submitted with the bidder's certified or cashier's check amount not less than five percent 3. WITHDRAWAL OF BIDS The Bidder may withdraw any proposal he has submitted at any time prior to the hour set for opening of bids provided a request for withdrawal is signed in a manner identical with the proposal being withdrawn. No withdrawal or modifi- cation will be permitted after the hour designated for opening of bids. 4. INTERPRETATIONS OF DRAWINGS AND DOCUMENTS If discrepancies or omissions are found in the drawings or specifications, or if the bidder is in doubt of the meaning or needs clarifications, he shall notify the Golf Course Architect. If the point or points in question are not clearly and fully set forth, a written addendum will be mailed to each person obtaining a set of contract documents. The owner will not be bound by, nor responsible for oral instructions, interpretations or representations. 5. QUALIFICATIONS OF BIDDERS 5.1 The owner may make such investigations as it deems necessary to determine the ability to perform the work, and the bidder shall furnish to the owner all such information and dates for this purpose as the owner may request. The owner reserves the right to reject any bid if the evidence submitted by, or investiga- tion of, such bidder fails to satisfy the owner that such bidder is properly qualified to carry out his obligations of the contract and to complete the work contemplated within (Refer to sheets PBD -4 through PBD -7). 6. CONSTRUCTION SCHEDULE Prior to signing the contract, the contractor shall submit an overall con- struction schedule for the project. This construction schedule shall start with the proposed date of signing and contract, and the completion date shall be the date specified in the contract. 7. CONTRACTOR RISK The construction contract and the detailed specifications contain the pro- visions required for the construction of the project. No information obtained from any officer, agent or employee of the owner on any such matters shall in any way affect the risk of obligation assumed by the contractor or relieve him from fulfilling any of the conditions of the contract. 8. DEFINITIONS 8.1 The word "Owner" means the City of Round Rock. Texas. The owner will be responsible for payment in accordance with the terms of the contract. 8.2 The word "Contractor" means the person, firm, or corporation to whom the award is made. Subcontractors as such will not be recognized. 8.3 The word "Golf Course Architect (GCA)" refers tothe firm of Richard M. Phelps, Ltd., Evergreen, Colorado. designated by the owner as its golf course architectural representative during the course of construction to perform appro- priate construction observation and computations of payment. 9. SALES AND USE TAX FORMS Tax Exemption Certificates must be obtained from both the City and the State for all materials used in City projects. The City will furnish these forms to the successful bidder. The City will require a summary of all invoices for materials used in their project to be submitted upon completion of the Project for audit purposes. Bid price to be exempt from Federal, State or local taxes on bids. 10. INSURANCE The successful bidder shall furnish Certificate of Insurance indicating general liability, workmen's compensation and employee's liability, prior to commencement of work. ITB -2 11. APPLICABLE LAWS The submission of a bid shall be a representation by the bidder that he has familiarized himself with all laws applicable to the Project and will com- ply therewith throughout the Contract. 12. PERFORMANCE AND PAYMENT BONDS The party to whom the contract is awarded will be required forthwith to execute the contract and a performance and payment bond with ten (10) calendar days from the date of the written notice of award of the contract is delivered to the bidder at the address given by him. In case of a failure to do so, the Owner may, at his option, consider that the Bidder has abandoned the contract, and the certified check or bid bond accompanying the proposal shall become the property of the Owner. The Performance and Payment bonds shall be in the amount of 100% of the total contract price. 13. MAINTENANCE BOND The Contractor shall deliver to the Owner, upon completion of all work under this Contract, and before final payment is made, his written guarantee made out to the Owner, in a form satisfactory to the Owner guaranteeing all the work, materials, appliances, equipment, etc., provided under the Contract to be free from defective materials and /or faulty workmanship, and to be watertight and leakproof. In the guarantee, the Contractor shall agree to replace or reexecute, in a manner satisfactory to the Owner, without cost to the Owner or Project Manager, such work as may be found to be defective or faulty, and pay for all damages due to such replacement, or reexecution. The Maintenance Bond shall be in the amount of 10% of the total contract price. 14. INSURANCE The Comprehensive General Liability insurance will include as Additional Named Insureds: the City of Round Rock; Dippel - Ulmann & Associates, Inc., Engineers; Donald K. Burns, Irrigation Consultant; Richard M. Phelps, Ltd., Golf Course Architect; CCA- Silband Corporation, Golf Management; and each of their officers, agents and employees. ITB -3 That this Agreement made and entered into this day of A.D., 1989, by and between the CITY OF ROUND ROCK, TEXAS, it's Mayor, First Party, hereinafter termed the Owner and of the City of County of , State of Second Part hereinafter termed Contractor. ' Y ' WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by said First Party (Owner), the said Second Party (Contractor) hereby agrees with the first Party to commence and complete the construction of certain improvements at the prices set forth in the Contractor's Proposal dated for certain improvements described as follows: • CONSTRUCTION OF 18 -HOLE ROUND ROCK MUNICIPAL GOLF COURSE The Contractor shall perform all work shown on the Plans and described in the Contract and shall meet all requirements of this Agreement, the General and Special Conditions of the Contract; and such Orders and Agreements for Extra Work as may subsequently be entered by the above named parties to this Agreement. The Contractor hereby agrees to commence work under this contract within 10 consecutive calendar days after the date written notice to do so shall have been given to him and shall cause work to progress in a manner satisfactory to the Owner. Such work shall be completed in full by May 15, 1990 The Owner agrees to pay the Contractor in current funds, and to make payments on account, for the performance of the work in accordance with the Contract, at the prices sat forth in the Contractor's Proposal, subjact to additions and deductions, all as provided in the General Conditions of the Agreement, The following documents together with this Agreement, comprise the Contract, and they are fully a part thereof as if herein repeated in full. AGREEMENT THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON The Notice to Contractors The Instruction to Bidders The Proposal and Bidding Sheets The Performance & Payment Bonds Maintenance Bond Notice of Award Notice to Proceed PBD Change Order The General Conditions The Special Conditions Addenda Speci fications The Plans AGREEMENT - continued The undersigned bidder hereby acknowledges addenda No. IN WITNESS WHEREOF the Parties to these presents have executed this Agreement in the year and day first above written ATTEST: CITY OF ROUND ROCK, TEXAS, OWNER By: By: By: City Secretary Mayor Contractor PBD-2 IF CORPORATION IN WITNESS WHEREOF the undersigned corporation has caused this instrument to be executed and its seal affixed by its duly authorized officers this day of 19 i Spa l i PBD -3 Name of Corporation By Title Attest Secretary STATEMENT OF BIDDER'S QUALIFICATIONS All questions must be answered and the data given must be clear and comprehen- sive. This statement must be notarized. If necessary, questons may be answered on seperate attached sheets. The Bidder may submit any additional information he desires. 1. Name of Bidder: 2. Permanent main office address: 3. When organized: 4. If a corporation. where incorporated: 5. How many years have you been engaged in the contracting business under your present firm or trade name? 6. Contracts on hand: (Schedule these, showing amount of each contract and the appropriate anticipated dates of completion.) 7. General character of work performed by your company: 8. Have you ever failed to complete any work awarded to you? If so, where and why? 9. Have you ever defaulted on a contract? If so, where and why? PBD -4 10. List the more important projects recently completed by your company, stating the approximate cost of each, and the month and year completed, location and type of construction. (Identify projects comparable to the project being bid.) 11. List your major equipment available for this contract. 12. Experience in construction work similar in importance to this project: 13. Background and experience of the principal members of your organization, including officers: 14. Credit available: $ 15. Bank reference: 16. Will you, upon request, fill out a detailed financial statement and furnish any other information that may be required by the Owner? PH -5 5 17. Are you licensed as a Golf Course Contractor, and Excavator, or any other title? If yes, in what city, county and state? What class, license and numbers? Note: The CONTRACTOR must be /become licensed or have the ability to obtain a building permit within Boulder County and in the City for which this work is to be performed. 18. Do you anticipate subcontracting work under this contract? If yes, what percentage of total contract? and to whom? (complete attached sheet C -7) 19. Are any lawsuits pending against you or your firm at this time? If yes, DETAIL 20. What are the limits of your public liability? DETAIL What company? 21. What are your company's bonding limitations? 22. List the three 18 -hole regulation golf courses you have completed in the last 8 years. Name of Course: Year Name of Course: Year Name of Course: Year 23. Indicate which of the above utilized a computerized control system. Name of Course: Type of computerized control system 24. Indicate the name of the irrigation contractor (subcontractor) you intend to use on this project and the name of the golf course where they installed a computerized control system. Name of Contractor: (Sub- Contractor) Name of Course: Type of Control System: C -5 22. The undersigned hereby authorizes and requests any person, firm or cor- poration to furnish any information requested by the Owner in verification of the recital comprising this Statement of Bidder's Qualifications. of Dated at - this day of 19 that he is My commission expires PBD -7 Name of Bidder By: Title: State of ) County of being duly sworn deposes and says (Name of Organization) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this • day of 19 Notary Public NONCOLLUSION AFFIDAVIT OF PRIME BIDDER State of ) ) ss. County of ) deposes and says that: (1) He is of (title) has submitted the attached Bid; (2) He is fully informed respecting the preparation and content of the attached Bid and of all pertinent circumstances respecting such Bid. (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in Interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid hap been sub- mitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or com- munication or conference in the attached Bid or any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the Owner or any other person interested in the proposed contract; and (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any Collusion, conspiracy, Connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signed Title Subscribed and sworn to before me this 19 My commission expires: Notary Public PBD-8 , being first duly sworn, day of , the Bidder that BID BOND KNOW ALL MEN BY THESE PRESENTS, THAT WE and firmly bound unto the BB - 1 , as PRINCIPAL and , as SURETY, are held , hereinafter refer- red to as the "OWNER ", in the penal sum of five percent (5 %) of the total amount of the bid of the PRINCIPAL submitted to the OWNER, for the work described below; for the payment of which sum in lawful money of the United States of America, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. In no case shall the liability of the SURETY hereunder exceed the sum of S THE CONDITIONS OF THIS OBLIGATION ARE SUCH, THAT whereas, said PRINCIPAL has submitted the above mentioned bid to the OWNER, for construction of the work under the "SPECIFICATIONS FOR CONSTRUCTION OF 18 -Hole Round Rock Municipal Golf Course " for which bids are to be opened at the office of the OWNER at 2:00 PM, Local time, on Sept. 14 , .1989... NOW, THEREFORE, if the PRINCIPAL is awarded the Contract, and within the time and manner required under the heading "In- structions to Bidders ", after the prescribed forms are pre- sented to him for signature, enters into a written agreement, substantially in the form contained in the. Specifications, in accordance with the bid and files the two bonds with the OWNER, one to guarantee faithful performance and the other to guarantee payment for labor and materials, then this obliga- tion shall be null and void, otherwise, it shall be and re- main in full force and effect. In the event suit is brought upon this bond by the OWNER and judgment is recovered, said SURETY shall pay all costs incurred by the OWNER in such suit, including a reasonable ' attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, we,have hereunto set our hands and seals this day of , 1989 Surety By: By: (Seal) (Seal) BB -2 NAME AND ADDRESS OF NAME OF OWNER/ TYPE OF CONTRACT PERCENT CONIROL SUBCONTRACTOR /SUPPLIER COMPANY OFFICIAL (WORK DESCRIPTION) BY SUB (APPROX.) Name of Contractor By (Signature) CONTRACTOR'S LIST OF SUBCONTRACTORS /SUPPLIERS INTENDED FOR PROJECT: Round Rock Municipal Golf Course Printed Name and Title of Authorized Signature LSS -1 Clearing & Grubbing Strip, stockpile, respread, finish grade to seedbed condition Excavation and placing; rough grading Greens, traps and tee construction Water control/ culverts Design & implemen- tation of trench safety Sodding, seeding, sprigging Asphalt cart paths Irrigation system & pump stations Spillways Golf cart /equipment underpass crossings Date: UNIT PRICE BID SCHEDULE TO THE CITY OF ROUND ROCK, TEXAS (HEREINAFTER CALLED "OWNER "): 1. The undersigned (hereinafter called "Bidder ") in compliance with the Notice to Contractor for the construction of the ROUND ROCK MUNICIPAL GOLF COURSE, having carefully examined the Contract Documents and the site of the proposed Work, and being familiar with all of the conditions surrounding the construction of the proposed Project including the availability of materials and labor, hereby proposes to furnish all labor, materials, and supplies, and to construct the Project in accordance with the Contract Documents, within the time set forth within, and at the unit prices stated below. This price is to cover all expenses incurred in performing the Work required under the Contract Documents of which this Bid Schedule is a part. 2. All amounts shown on Bid Proposal page BS -6 shall be shown in both words and figures. In case of discrepancies, the amount shown in words will govern. 3. The Bidder agrees that the breakdown of the unit prices shown below can be used to compute dollar values for all changes (by change order only) of not more than TWENTY -FIVE PERCENT (25 %), plus or minus, of the total contract price. Should this occur, no allowances will be made for profit and /or overhead for the work deleted. 3. Breakdown of Unit Price Bid: ESTIMATED ITEM NO. & DESCRIPTION QUANTITY & UNIT UNIT COST AMOUNT ELEMENT A - SITE PREPARATION 1. Clearing & grubbing large trees 33 AC $ $ 2. Clearing & grubbing of smaller trees and shrubs 43 AC $ $ 3. Removal of wire fence 5,230 LF $ $ SUBTOTAL SITE PREPARATION $ ELEMENT B - EARTHWORK 1. Strip, stockpile & respread 6" depth topsoil; finish grade to seedbed condition 76.5 AC $ $ 2. Excavation & placing to subgrade 106,800 CY $ $ 3. Place one (1) foot layer of select on -site clay material, adjust to near optimum moisture content & compact to 95% standard proctor 6,424 CY $ $ BS -1 ESTIMATED ITEM NO. & DESCRIPTION QUANTITY & UNIT UNIT COST AMOUNT 3. Putting Green Construction (19 greens - total 120,100 SF) a. Furnish & place 4" drain tile, gravel, & all fittings includ- ing CMP ends when brought to daylight for subdrainage 13,172 LF $ $ b. Furnish & place "Imperial HVC" (hinged valve cap), & 12" length of 4" PVC, around greens & traps (See detail 2, Construction Detail Sheet CD1) 103 EA $ $ c. Furnish & place gravel subbase for putting greens to a minimum depth of four (4) inches (incl- udes 10% shrinkage) 1,615 CY $ $ d. Furnish & place gravel in trench with perforated drain tile (greens & traps; includes 10% shrinkage) 129 CY $ $ e. Furnish, mix, & place sand & organic matter for greenmix to a minimum twelve (12) inch com- pacted measure (includes 25% shrinkage) 5,560 CY $ $ 4. Furnish & place eight (8) inch layer of washed sand in all traps (includes 25% for shrinkage and concave shape) 2,329 CY $ $ SUBTOTAL EARTHWORK $ ELEMENT C - WATER CONTROL /CULVERTS 1. Furnish & place 18" RCP across N7 fairway (2 locations) 355 LF $ $ 2. Furnish & place 18" RCP across #18 fairway 175 LF $ $ 3. Furnish & place 18" RCP at 4 locations (24' length of pipe at each location) 96 LF $ $ 4. Furnish & place concrete head- walls for 18" RCP (approx. 1.0 CY concrete & 129 lbs. of reinforcing steel) 12 CY $ $ BS -2 ESTIMATED ITEM NO. & DESCRIPTION QUANTITY & UNIT UNIT COST AMOUNT 5. Furnish & place Type VL riprap over filter fabric at 9" thick 24 TON $ $ SUBTOTAL WATER CONTROL /CULVERTS $ ELEMENT D - SODDING, SEEDING, SPRIGGING 1. Furnish & place Tiffway 419 bermuda on all irrigated fairways and tees 113 AC $ $ 2. Furnish & place Tiffgreen 328 bermuda on all greens 120,100 SF $ $ 3. Furnish & place Tiffway 419 bermuda sod around greens, traps & selected steep slope areas (quantity based on 18" width sod) 25,000 SF $ $ 4. Furnish & apply fertilizer on all greens, tees & fairways 116 AC $ $ SUBTOTAL SODDING, SEEDING, SPRIGGING $ ELEMENT E - CART PATHS 1. Furnish & place 6' wide asphalt paths (2" asphalt over 4" base material - paths to be flush with surrounding finish grade) 15,820 LF $ $ SUBTOTAL CART PATHS $ ELEMENT F - TRENCH SAFETY 1. Design & implementation of trench safety LUMP SUM $ $ SUBTOTAL TRENCH SAFETY $ TOTAL OF ELEMENTS A THROUGH F $ BS -3 BID SCHEDULE IRRIGATION WORK BASE LUMP SUM Total base lump sum using RAINBIRD as specified $ (Using figures) (Base Bid to "include 80 - 1" Q.C.V. in place including box) (Using Script) PROJECT: ROUND ROCK MUNICIPAL G.C. Round Rock, Texas Total base lump sum using TORO as described below $ (Using figures) (Base Bid to include 80 - 1" Q.C.V. in place including box) (Using Script) dollars. The total lump sum shall be for all of the work described by the documents. It is understood that the Owner shall add or deduct monies from this base price for any heads added or deducted from the quantity as shown on the plans, to those actually installed. MEASURED SUM UNIT PRICE The following unit prices shall be used for these additions or deductions. These unit prices include, but not limited to; sprinkler head, lateral piping, fittings, swing joint, wiring and labor required to install one sprinkler unit in working order. It is understood these unit prices do not include additional main line piping or field controllers. . RAINBIRD #51 DR in place $ each RAINBIRD #51 DR in place $ each RAINBIRD $47 DR in place $ each dollars. If the Contractor would like to submit Toro equipment in place of Rainbird the following would be considered equal. TORO RAINBIRD 674 -06 for 51 DR 1 -1/2" RISER 634 -06 for 51 DR 1" RISER 655-06 for 47 DR 1" RISER NETWORK 8000 for MAXI 4 ; items required other than standard, on Toro will be same as specified for Maxi requirement. 132 -76-08 for SBM 12 stations pedestal - both brands to have stainless steel cases. A total of (20) twenty 132 -76 -08 field satellites are required for the Toro bid. For costing of this bid use same power and pulse wire requirements. BS /I -4 Pap 1 Page 2 Bid Schedule Round Rock If Toro is selected: The following unit prices shall be used for these additions or deductions. These unit prices include, but not limited to; sprinkler head, lateral piping, fittings, swing joint, wiring and labor required to install one sprinkler unit in working order. It is understood these unit prices do not include additional main line piping or field controllers. TORO 674 -06 in place $ each TORO 634 -06 in place $ each TORO 655 -06 in place $ each The following unit will be for a 1" Q.C.V. in place. This unit will include valve, fittings, and box per detail sheet. A total of 80 will be required and included in the Base Bid but not shown on plans. Quick Coupling Valve /Box The following unit will be for a 2" angle control valve in place. This unit will include valve fittings with saddle, and box per detail sheet. 2" Angle Control Valve in place $ each BS /I -5 UNIT PRICE in place $ each BID SCHEDULE SUMMARY - This page is to be filled out by the General Contractors: All amounts shall be shown in both words and figures. In case of discrepancies, the amount shown in words will govern. A. ELEMENT A - SITE PREPARATION $ (Using Script) B. ELEMENT B - EARTHWORK $ (Using Script) C. ELEMENT C - WATER CONTROL /CULVERTS $ (Using Script) D. ELEMENT D - SODDING, SEEDING, SPRIGGING $ (Using Script) E. ELEMENT E - CART PATHS $ (Using Script) F. ELEMENT F - TRENCH SAFETY $ (Using Script) G. IRRIGATION - RAINBIRD (Submit bid on one or the other) $ (Using Script) H. IRRIGATION- TORO (Submit bid on one or the other) $ (Using Script) I. CONCRETE SPILLWAYS (3) ALLOWANCE $ 27,000 J. LOW -WATER CART CROSSINGS (11) ALLOWANCE $ 152,500 K. ROAD CROSSINGS (UNDERPASS) (2) ALLOWANCE $ 55,000 BASE BID - TOTAL OF ALL ITEMS $ (Using Script) BS -6 ALTERNATES Bidders are required to submit a bid for all Alternate Items below along with the Base Bid Items. 1. Alternate Add - Furnish & place 6' wide asphalt paths (2" asphalt over 4" base material) (paths to be flush with sur- . rounding finish grade) 11,340 LF $ 2. Alternate Add or Deduct - Concrete Paths Furnish & place 6' wide, 4" thick, 3,000 PSI, Cl. 'A' concrete for cart paths, in- cluding reinforcing steel (15,820 LF) Total amount to be added or (deducted) for Alternate 2 3. Alternate Add - Phase 2 Concrete Paths Furnish & place 6' wide, 4" thick 3,000 PSI, Cl. 'A' concrete for Phase 2 cart paths, including reinforcing steel (in conjunction with Alternate 2 only) 11,340 LF $ $ BS -7 NOTICE OF AWARD Construction of the 18 -hole PROJECT: Round Rock Municipal Golf Course Dear Mr. The Owner has considered the Bid submitted by you for the above described work in response to its Advertisement for Bids. You are hereby notified that your Bid has been accepted for items in the amount of You are required by the Instructions to Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond and Certificate of Insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds and certificate of Insurance within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forteiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice of Award to the Owner. Dated this day of , 1989. The City of Round Rock By: Public Works Department ACCEPTANCE OF NOTICE Receipt of the above Notice of Award is hereby acknowledged by this the day of 1989. NA -1 CONTRACTOR By: Title: THE STATE OF TEXAS I . COUNTY OF County of as principal, and PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS, THAT of the City of , and State of authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto (OWNER), in the penal .sum of Dollars ($ ) for the payment whereof, the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the day of 1989, 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; PB -1 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 day of 1989. Principal Surety By By Title Title Address Address The name and address of the Resident Agent of Surety is: PB -2 THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS, THAT County of as principal, and authorized under the laws of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto PAYMENT BOND , of the City of , and State of (OWNER), in the penal sum of Dollars ($ I ) for the payment whereof, the said Principal and Surety bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the day of 1989 , 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 that if the said Principal shall pay all claiman labor and material to him or a Subcontractor in tion of the work provided for in said contract, obligation shall be void; otherwise to remain in and effect; PB -3 IS SUCH, is supplying the prosecu- then, this full force Provided, however, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as amended and all liabilities on this bond shall be determined in accordance with the provisions of said Article to the same extent as if it were'copied at length herein. Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying 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 day of 1989. Principal By Title Address Surety By Title Address The name and address of the Resident Agent of Surety is: PB -4 THE STATE COUNTY OF KNOW ALL MEN BY THESE PRESENTS, THAT WE , a Corporation organized under the laws of the State of as SURETY, are held and firmly bound unto , as OBLIGEE, in the penal sum of to which payment will and truly to selves, our successors and presents. WHEREAS, the said MAINTENANCE BOND OF TEXAS I against all defects in become apparent during and each of our heirs, assigns jointly and PRINCIPAL has WHEREAS, said OBLIGEE requires . bond conditioned to guarantee after approval by MB -1 Dollars ($ be made we executors, severally, constructed , as PRINCIPAL and do bind our - administrators, firmly by these that the PRINCIPAL furnish a for the period of one year workmanship and materials which may said period; NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH THAT,' if the PRINCIPAL shall indemnify the OBLIGEE for all loss that the OBLIGEE may sustain by reason of any defective materials or workmanship which become apparent during the period of one year from and after date of acceptance by the OWNER, then this obligation shall be void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said PRINCIPAL and SURETY have signed and sealed this instrument this day of 19 Principal By: Title Address The name and address of the Resident Agent of Surety is: MB -2 Surety By: Title Address DATE: TO: NOTICE TO PROCEED Construction of the 18 - hole PROJECT: Round Rock Municipal Golf Course Dear I You are hereby notified to commence work in accordance with the Agreement dated , on or before and you are to complete the work within consecutive calendar days thereafter. The date of completion of all work is therefore ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by , this the day of , 1989. NTP -1 The City of Round Rock By: By Title Public Works Department CONTRACTOR State CONTRACT CHANGE ORDER County Date Contract For: Owner: To: Order Number Contractor You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes DECREASE INCREASE Supplemental Plans d Specs Attached Contract Price Contract Price TOTALS $ $ NET CHANGE IN CONTRACT PRICE $ $ JUSTIFICATION: f f The amount of the Contract will be (decreased) (increased) by the sum of f dollars, (s ). The Contract Total including this and previous change orders will be: dollars, ($ ). The Contract Period provided for completion will be (increased) (decreased) (unchanged) days. CO -1 Contract Change Order # Continued, page 2 I This document will become a supplement to the contract and all provisions will apply hereto: Requested: Recommended: Accepted: 1 By Title Date By Title Date OWNER By Title Date OWNER'S ARCHITECT /ENGINEER CONTRACTOR CO -2 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 INDEX - GENERAL CONDITIONS OF THE CONTRACT SECTION .01 DEFINITIONS GC1 .02 JURISDICTION GC1 .03 ESSENCE OF CONTRACT GC1 .04 NOTICE TO CONTRACTOR GC2 .05 ACCEPTANCE OR REJECTION OF PROPOSALS GC2 .06 WITHDRAWAL OF,BIDS GC2 .07 QUALIFICATIONS OF BIDDERS GC2 .08 ADDENDA - CHANGES IN THE WORK GC2 .09 INTERPRETATIONS AND INSTRUCTION GC3 .10 EXECUTION OF CONTRACT GC3 .11 SEPARATE CONTRACTS GC3 .12 GUARANTY BONDS GC3 .13 CONTRACTOR'S WORK SCHEDULE GC4 .14 CONTRACTOR'S OBLIGATIONS GC4 .15 ASSIGNMENTS GC4 .16 SUBCONTRACTS I GC4 .17 RELATIONS OF CONTRACTOR AND SUB - CONTRACTOR GC5 .18 GOLF COURSE ARCHITECT'S STATUS GC6 .19 GOLF COURSE ARCHITECT'S DECISIONS GC7 .20 ARBITRATION I GC7 .21 DAMAGES GC8 .22 CASH ALLOWANCES GC8 .23• MUTUAL RESPONSIBILITY OF CONTRACTORS GC8 .24 CONTRACTOR'S LIABILITY INSURANCE GC8 .25 CONTINGENT LIABILITY INSURANCE GC8 .26 CONTRACTOR'S INSURANCE GC9 .27 DETAIL DRAWINGS AND INSTRUCTIONS GC10 .28 CONTRACT DRAWINGS AND SPECIFICATIONS GC10 .29 SHOP DRAWINGS GC10 .30 DRAWINGS AND SPECIFICATIONS ON THE WORK GC11 .31 OWNERSHIP OF DRAWINGS GC11 .32 SAMPLES GC11 .33 MATERIALS, APPLIANCES, EMPLOYEES GC11 .34 ROYALTIES AND PATENTS GC12 .35 SURVEYS, PERMITS, LAWS, TAXES, AND REGULATIONS GC12 .36 PROTECTION OF WORK AND PROPERTY GC12 .37 ACCESS TO WORK GC13 .38 SUPERINTENDENCE: SUPERVISION GC13 .39 CHANGES IN THE WORK GC13 .40 CLAIMS FOR EXTRA COST GC14 .41 DELAYS AND EXTENSION OF TIME GC14 .42 CORRECTION OF WORK BEFORE FINAL PAYMENT GC14 .43 CORRECTION OF WORK AFTER FINAL PAYMENT GC15 .44 DEDUCTIONS FOR UNCORRECTED WORK GC15 .45 THE OWNER'S RIGHT TO DO WORK GC15 .46 OWNER'S RIGHT TO TERMINATE CONTRACT GC15 .47 THE CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT GC16 .48 APPLICATIONS FOR PAYMENT GC16 .49 CERTIFICATES FOR PAYMENT GC16 .50 PAYMFNTS WITHHELD GC17 GC -1 PAGE INDEX - GENERAL CONDITIONS OF THE CONTRACT (Continued) SECTION PAGE .51 LIENS GC17 .52 USE OF THE SITE GC18 .53 CUTTING, PATCHING GC18 .54 CLEANING UP GC18 .55 DETERMINATION AND EXTENSION OF CONTRACT TIME GC18 .56 DETERMINATION OF CONTRACT TIME GC18 .57 EXTENSION OF CONTRACT TIME GC20 .58 FAILURE TO COMPLETE THE WORK ON TIME /LIQUIDATED DAMAGES GC21 .59 TESTING GC22 .60 INSPECTION OF WORK GC22 .61 NOTICE OF READINESS GC23 .62 CCRTIFICATES GC23 .63 GUARANTEES GC23 .64 OPERATING INSTRUCTIONS GC24 GC -2 GENERAL CONDITIONS OF THE CONTRACT .01 DEFINITIONS a. The Contract Documents consist of the Notice to Contractors, Instructions to Bidders, The Proposal and Bidding Sheets, Performance /Payment /Maintenance Bonds, Notice of Award, Notice to Proceed, Change Order, General Conditions, Special Condi- tions, Addenda, Specifications and Plans, including all modifications thereof in- corporated in the documents before their execution. These form the Contract. b. The "OWNER ", the "CONTRACTOR ", and the "GOLF COURSE ARCHITECT" (GCA), are those mentioned as such in the Instructions to Bidders. They are treated through- out the Contract Documents as if each were of the singular number and masculine gender. c. The term ,"SUB- CONTRACTOR ", as employed herein, includes only those having a. direct contract with the CONTRACTOR and it includes one who furnishes material worked to a special design according to the plans or specifications of this work, but does not include one who merely furnishes material not so worked. d. The term "SUPERINTENDENT" shall mean the authorized representative of the OWNER on the job, for the purpose of inspection of materials and supervision /in- spection of workmanship and equipment constructed or installed. "OWNER'S REPRESEN- TATIVE" shall be an interchangeable term with "SUPERINTENDENT "'and shall be inter- preted as the same. e. The term "work" of the CONTRACTOR or SUB - CONTRACTOR includes labor, mater- ials or both. f. A "WORKING DAY" is defined as any day not including Saturdays, Sundays or any legal holidays, in which weather or other conditions, not under the control of the CONTRACTOR will permit construction operations to proceed for at least six (6) hours of the day with the normal working force engaged in per- forming the controlling item or items of work which would be in progress at that time. 9. "CALENDER DAY" is any day of the week or month, no days being excepted. h. Standard Specifications, such as A.S.T.M., A.A.S.H.O., N.W.P., used in these Specifications which are incorporated or referred to by number designation shall mean the latest revised edition. .02 JURISDICTION a. The law of the place of building shall govern the construction of this Contract. .03 ESSENCE OF CONTRACT a. All time limits stated in the Contract Documents are the essence of the Contract. GC -3 .04 NOTICE TO CONTRACTOR a. 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 cor- poration for whom it is intended, or if delivered at or sent by registered mail to the last business address known to him who gives the notice. .05 ACCEPTANCE OR REJECTION OF PROPOSALS a. The OWNER reserves the right to accept or reject any or all bids, and to waive irregularities and informalities in order to serve the best interests of the project. .06 WITHDRAWAL OF BIDS Proposals may be withdrawn prior to the time set for opening proposals. Proposals my not be withdrawn after the time established for such submittals has been reached. .07 QUALIFICATIONS OF BIDDERS (Reference Qualification Forms PBD -4 through PBD -7) a. Bidders shall be prepared to satisfy the OWNER as to their integrity, exper- ience, adequacy of equipment and personnel, and financial ability to perform the work specified. b. The OWNER may conduct such investigations as it deems necessary to deter- mine the ability of the CONTRACTOR or SUB - CONTRACTORS to perform the work, and the bidder shall furnish to the OWNER all such information and data for this pur- pose as the OWNER may request. The OWNER reserves the right to reject any bid if the evidence submitted by, or investigation of such bidder fails to satisfy the OWNER that such bidder is properly qualified to carry out his obligations of the Contract and to complete the work contemplated therein. c. If the total amount of the work to be subcontracted amounts to forty per- cent (40 %) or more of the total bid price, the CONTRACTOR shall be prepared to provide all of the above information for each of the SUB - CONTRACTORS employed by the CONTRACTOR. .08 ADDENDA - CHANGES IN THE WORK a. Changes in the work, corrections of errors, omissions or discrepancies in the Plans, Specifications, or other Contract Documents, or additional information necessary for the preparation of bids developed during the bidding period will be issued by the GOLF COURSE ARCHITECT as written addendum to all Bidders. b. The CONTRACTOR will not be allowed to take advantage of errors or omissions in plans and specifications. The GOLF COURSE ARCHITECT will provide full instruc- tions when errors or omissions are discovered. c. Questions received less than forty -eight (48) hours before the bid opening cannot be answered due to the lack of time remaining to issue addenda to all other bidders. GC -4 .09 INTERPRETATIONS AND INSTRUCTION a. If person contemplating submitting a bid for any element of this work is doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, he may submit to the GOLF COURSE ARCHITECT a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. b. Any interpretation of the proposed documents will be made only by addendum duly issued or delivered to each person receiving a set of such documents. The OWNER will not be responsible for any other explanations or interpretations of the proposed documents. .10 EXECUTION OF CONTRACT a. The successful bidder shall properly execute the form of contract within ten (10) days of receipt of notice of such award. Failure to execute the contract or to provide necessary bond will be considered cause for annulment of the award and forfeiture of bid guarantee as liquidated damages sustained by the OWNER as a result. b. The Contract Documents are Complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the documents is to include all labor, materials, equipment, and transportation necessary for proper execution of the work. Materials or work described in words which so applied have a well -known technical or trade meaning shall be held to refer to such recog- nized standards. .11 SEPARATE CONTRACTS a. The OWNER reserves the right to let other contracts in connection with this work under similar General Conditions. The CONTRACTOR shall afford other contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the CONTRACTOR'S work depends for proper execution or re- sults upon the work of any other CONTRACTOR, the CONTRACTOR shall inspect and prompt- ly report to the GOLF COURSE ARCHITECT any defects in such work that render it un- suitable for such proper execution and results. His failure to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper for the reception of his work, except as to defects which may develop in the other con- tractor's work after the execution of his work. To insure proper execution of his subsequent work, the CONTRACTOR shall measure work already in place and shall at once report to the GOLF COURSE ARCHITECT any discrepancy between the executed work and the drawings. .12 GUARANTY BONDS a. The CONTRACTOR shall furnish guaranty bonds, as required in the Special Con- ditions, in such form as the OWNER may prescribe and with such sureties as he may approve. The premium shall be paid by the CONTRACTOR. GC -5 .13 CONTRACTOR'S WORK SCHEDULE a. The CONTRACTOR shall furnish the OWNER, the SUPERINTENDENT and the GOLF COURSE ARCHITECT with the proposed working schedule by major operation and work- ing period. Once work has begun on an item in the schedule, the CONTRACTOR shall diligently prosecute the work whenever conditions permit. If a period of five (5) working days passes without substantial prosecution of the work, the OWNER may terminate the Contract and proceed to complete the remaining work in the most expeditious manner possible. The cost of the work, together with all additional costs for staking, observation and administration services by OWNER, the SUPERINTENDENT and the GOLF COURSE ARCHITECT shall be deducted from payments due the CONTRACTOR. b. No work shall be performed on Sundays or legal holidays without written permission from the OWNER. c. Where the site of the work is within seven hundred -fifty feet of any dwelling, no work shall be performed from 7 p.m. to 7 a.m. without the written consent of the OWNER. .14 CONTRACTOR'S OBLIGATIONS a. The CONTRACTOR, by executing the Contract, represents that he has visited the site, studied the local conditions, familiarized himself with all of the re- quirements of the Contract Documents, specifications and drawings. b. If the CONTRACTOR, after carrying out all of the above studies and famil- iarizations, finds any error, omission or inconsistency, he shall at once report them to the GOLF COURSE ARCHITECT, in writing. The CONTRACTOR shall perform no work until such errors, omissions, etc., are corrected. The CONTRACTOR shall perform no work without drawings, specifications or interpretations. c. The CONTRACTOR shall supervise and direct the work using his best skill and attention. All construction methods, techniques and procedures shall be the sole responsibility of the CONTRACTOR. He will be responsible for proper sequence and coordination of all phases of this work under the Contract. d.• The CONTRACTOR shall be responsible to the OWNER for the acts and omissions of all his employees, sub - contractors or any others who work under contract to the CONTRACTOR. .15 ASSIGNMENTS a. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, nor shall the CONTRACTOR assign any moneys due or to become due to him hereunder, without the previous written consent of the OWNER. .16 SUBCONTRACTS a. As soon as practicable and before awarding any sub - contracts, the CONTRACTOR shall notify the GOLF COURSE ARCHITECT in writing of the names of the sub - contractors GC -6 proposed for the principal parts of the work, and for such other parts for which there may be reasonable objection. If before or after the execution of the Con- tract, the CONTRACTOR has submitted a list of sub - contractors which has been approved by the GOLF COURSE ARCHITECT and the change of any sub - contractors on such list is required by the OWNER after such approval. the contract price shall be increased or decreased by the difference in cost occasioned by such change. The CONTRACTOR shall not be required to employ any sub- contractor against whom he has a reasonable objection. The GOLF COURSE ARCHITECT shall, on request, furnish to any sub - contractor, wherever practicable, evidence of the amount cer- tified on his account. The CONTRACTOR agrees that he is as fully responsible to the OWNER for the acts and omissions of his sub - contractors and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. Nothing contained in the Contract Documents shall create any contractual relation between any sub - contractor and the OWNER. .17 RELATIONS OF CONTRACTOR AND SUB- CONTRACTOR a. The CONTRACTOR agrees to bind every SUB - CONTRACTOR and every SUB- CONTRAC- TOR agrees to be bound by the terms of the Contract, the General Conditions, the Special Conditions; the Drawings and Specifications as far as applicable to his work, including the following provisions of this article, unless specifically noted to the contrary in the sub - contract approved in writing as adequate by the OWNER or GOLF COURSE ARCHITECT. b. The SUB - CONTRACTOR Agrees: 1. To be bound to the CONTRACTOR by the terms of the Contract; General Conditions; Special Conditions; the Drawings and Specifications, and to assume toward him all the obligations and responsibilities that he, by those documents, assumes toward the OWNER. 2. To submit to the CONTRACTOR applications for payment in such rea- sonable time as to enable the CONTRACTOR to apply for payment un- der Section 48 of the General Conditions. 3. To make all claims for extras, for extensions of time and for damages for delays or otherwise, to the CONTRACTOR in the manner provided in the General Conditions for the like claims by the CONTRACTOR upon the OWNER, except that the time for making claims for extra cost is one week. c. The CONTRACTOR Agrees: 1. To be bound to the SUB - CONTRACTOR by all the obligations that the OWNER assumes to the CONTRACTOR under the Contract, General Condi- tions, the Drawings and Specifications, and by all the provisions thereof affording remedies and redress to the CONTRACTOR from the OWNER. 2. To pay the SUB - CONTRACTOR, upon the payment of certificates, if issued under the schedule of values described in Section 48 of the GC -7 General Conditions, the amount allowed to the CONTRACTOR on account of the SUB - CONTRACTOR'S work to the extent of the SUB- 1 CONTRACTOR'S interest therein. 3. To pay the SUB - CONTRACTOR, upon the payment of certificates. if I issued otherwise than as in .17 -b -2 above, so that at all times his total payments shall be as large in proportion to the value of the work done by him as the total amount certified to the II 4. is to the value of the work done by him. 4. To pay the SUB- CONTRACTOR to such extent as may be provided by the Contract Documents or the sub - contract, if either of these II provides for earlier or larger payments than the above. 5. To pay the SUB - CONTRACTOR on demand for his work or materials as ' far as executed and fixed in place, less the retained percentage, at the time the certificate should be issued, even though the GOLF COURSE ARCHITECT fails to issue it for any cause not the fault of the SUB - CONTRACTOR. II 6. To make no demand for liquidated damages or penalty for delay in any sum in excess of such amount as may be specifically named in 1 the sub - contract. 7. That no claim for services rendered or materials furnished by the I CONTRACTOR to the SUB- CONTRACTOR shall be valid unless written notice thereof is given by the CONTRACTOR to the SUB- CONTRACTOR during the first ten days of the calendar month following that in which the claim originated. 1 8. To give the SUB - CONTRACTOR an opportunity to be present and to sub- mit evidence in any arbitration involving his rights. II 9 . To name as arbitrator under arbitration proceedings as provided in the General Conditions the person nominated by the SUB - CONTRACTOR, ' if the sole cause of dispute is the work, materials, rights or res- ponsibilities of the SUB - CONTRACTOR, or, if of the SUB- CONTRACTOR and any other SUB - CONTRACTOR jointly, to name as such arbitrator the person upon whom they agree. I d. The CONTRACTOR and the SUB - CONTRACTOR Agree: I 1. That in the matter of arbitration, their rights and obligations and all procedure shall be analogous to those set forth in this Contract; provided, however, that a decision by the GOLF COURSE ARCHITECT shall II not be a condition precedent to arbitration. Nothing in this article shall create any obligation on the part of the OWNER to pay or to see to the payment of any sums to any SUB- CONTRACTOR. .18 GOLF COURSE ARCHITECT'S STATUS a. The GOLF COURSE ARCHITECT shall be the OWNER'S representative during the GC -8 construction period and he shall observe the work in process on behalf of the OWNER. He shall have authority to act on behalf of the OWNER only to the extent expressly provided in the Contract Documents or otherwise in writing, which shall be shown to the CONTRACTOR. He shall have authority to stop the work whenever such stoppage may be necessary in his reasonable opinion to insure the proper execution of the Contract. The GOLF COURSE ARCHITECT shall be, in the first in- stance, the interpreter of the conditions of the Contract and the judge of its performance. He shall side neither with the OWNER nor with the CONTRACTOR, but shall use his powers under the Contract to enforce its faithful performance by both. In the case of the termination of the employment of the GOLF COURSE ARCHI- TECT, the OWNER shall appoint a capable and reputable replacement against whom the CONTRACTOR makes no reasonable objection, whose status under the Contract shall be that of the former GOLF COURSE ARCHITECT, and dispute in connection with such appointment shall be subject to arbitration. .19 GOLF COURSE ARCHITECT'S DECISIONS a. The GOLF COURSE ARCHITECT shall, within a reasonable time, make decisions on all claims of the OWNER or CONTRACTOR and on all other matters relating to the execution and progress of the work or the interpretation of the Contract Documents. The GOLF COURSE ARCHITECT'S decision, in matters relating to artistic effect, shall be final, if within the terms of the Contract Documents. .20 ARBITRATION a. All disputes, claims or questl'pns subject to arbitration under this con- tract shall be submitted to ar i gg Voin accordance with the provisions, then obtaining, of the StandardrF6itration Procedure of The American Arbitra- ement shall be specifically enforceable under the and judgement upon the award rendered may be entered tion Association, a prevailing arbit t in the co f ' forum, state or federal, having jurisdiction. It is mutually agreedipa decision of the arbitrators shall be a condition precedent to any right drlegal action that either party may have against the other. b. The CONTRACTOR shall no o ug a delay of the work during any arbitration proceedings, except by agr he OWNER. Notice of the demand for arbi- tration of a dispute alt rrlri ed in writing with the other party to the Contract, and a copy file • LF COURSE ARCHITECT. The demand for Arbitration shall be made wi n a onable time after the dispute has arisen; in no case, however. shall t:ii an be made later than the time of final payment, except as otherwise expi stipulated in the Contract. c. The arbitrators, if they d at the case requires it, are authorized to award to the party whose co t ustained, such sums as they or a majority of them shall deem proper o e him for the time and expense incident to the proceeding and, if e 40 ation was demanded without reasonable cause, they may also award ag o delay. The arbitrators shall fix their own compensation, unles 'se provided by agreement, and shall assess the costs and changes of the pr ings upon either or both parties. GC -9 .21 DAMAGES a. Should either party to this Contract suffer damages because of any wrong- ful act or neglect of the other party or of anyone employed by him, claim shall be made in writing to the party liable within a reasonable time of the first ob- servance of such damage and not later than the final payment, except as expressly stipulated otherwise in the case of faulty work or materials, and shall be adjusted by agreement. .22 CASH ALLOWANCES a. The CONTRACTOR shall include in the Contract sum all allowances named in the Contract Documents and shall cause the work so covered to be done by such con- tractors and for such sums as the GOLF COURSE ARCHITECT may direct, the contract sum being adjusted in conformity therewith. b. The CONTRACTOR declares that the contract sum included such sums for ex- penses and profit because of cash allowances as he deems proper. No demand for expenses or profit other than those included in the contract sum shall be allowed. The CONTRACTOR shall not be required to employ for such work persons against whom he has a reasonable objection. .23 MUTUAL RESPONSIBILITY OF CONTRACTORS a. Should the CONTRACTOR cause damage to any separate contractor on the work the CONTRACTOR agrees, upon due notice, to settle with such contractor by agree- ment or arbitration, if he will settle. If such separate contractor sues the OWNER because of damage alleged to have been so sustained, the OWNER shall notify the CONTRACTOR, who shall defend such proceedings at the CONTRACTOR'S expense and, if any judgement against the OWNER arise therefrom, the CONTRACTOR shall pay or satisfy it and pay all costs incurred by the OWNER. .24 CONTRACTOR'S LIABILITY INSURANCE a. The CONTRACTOR shall maintain such insurance as will protect him from claims under workmen's compensation acts and other employee benefits acts, from claims for damages of bodily injury including death to his employees and all others and from claims for damage to property, and or all of which may arise out of or result from the CONTRACTOR'S operations under this Contract whether such operations be by himself or by any sub - contractor or anyone directly or indirectly employed by either of them. This insurance shall be written for not less than any limits of :liability specified as part of this Contract. Certificates of such insurance shall be filed with the OWNER and the GOLF COURSE ARCHITECT. .25 CONTINGENT LIABILITY INSURANCE a. The CONTRACTOR shall be responsible for and maintain such insurance as will protect the OWNER and GOLF COURSE ARCHITECT from contingent liability to others for damages because of bodily injury, including death, which may arise from opera- tions under this contract, and any other liability for damages which the CONTRACTOR is required to insure under any provisions of this Contract. GC -10 .26 CONTRACTOR'S INSURANCE The CONTRACTOR shall provide satisfactory evidence of insurance in force during the term of the Contract as follows: a. WORKMEN'S COMPENSATION INSURANCE: The CONTRACTOR shall take out and main- tain for duration of this Contract statuatory Workmen's Compensation Insurance and Employer's Liability Insurance as shall he required under all applicable laws. b. GENERAL LIABILITY INSURANCE 1. Public Liability Insurance: The CONTRACTOR shall take out and main- tain during the life of this Contract such Public Liability and Pro- perty Damage Insurance as shall protect him from all claims for bod- ily injury including accidental death as well as from all claims for Property Damage arising from operations under this Contract. The minimum limits which are required are specified under Special Con- ditions of these Specifications. Such policy shall include coverage for: 2. Injury to or destruction of any property arising out of the collapse of, or structural injury to any building or structure due: to grading of land, excavation, borrowing, filling, backfilling, tun- neling, pile driving, cofferdam work or caisson work, or, to moving, shoring, underpinning. raising. or demolition of any building or structure removal or rebuilding of any structural support thereof. 3. Injury to or destruction of wires. conduits, pipes, mains, sewers or other similar property, or any apparatus in connection therewith, below the surface of the ground. if such injury or destruction is caused by or occurs during the use of mechanical equipment for the purpose of grading of land, paving. excavation or drilling, or in- jury to or destruction of property, at any time resulting therefrom. 4. Injury to or destruction of any property arising out of blasting or explosion. 5. Automobile Insurance: The CONTRACTOR shall carry Automobile Insur- ance on all automotive equipment owned, rented or borrowed in the minimum amounts as stipulated in the Special Conditions of these Specifications. 6. Contractual Liability Insurance: The CONTRACTOR agrees to hold harm- less and indemnify the OWNER, the GOLF COURSE ARCHITECT and their agents from every claim, action, cause of action, liability, damage, expense or payment incurred by reasons of any bodily injury includ- ing death, or property damage resulting from the CONTRACTOR'S oper- ations on this project. 7. OWNER'S Protective Liability and Property Damage Insurance: The CONTRACTOR shall provide OWNER'S Protective Liability and Property GC -11 Damage Insurance in the name of the OWNER and the GOLF COURSE ARCHITECT, insuring against bodily injury and property damage liability in the limits set forth above for which they may become legally obligated to pay as damages sustained by any persons, caused by accident and arising out of operations performed for the named insured by independent contractors and general supervision thereof. c. Builder's Risk -Fire and Extended Coverage- Insurance: If the nature of the entire installation or portion thereof, is such that it is insurable against the perils of fire, extended coverage, vandalism and malicious mischief, such in- surance shall be procured and maintained by the CONTRACTOR in behalf of himself, and OWNER and his sub - contractors, on a complete value form. d. Insurance certificates evidencing that the above insurance is in force with companies acceptable to the OWNER and in the amounts required shall be sub- mitted to the OWNER'S Attorney for examination and approved concurrently with the execution of the contract, after which they shall be filed with the OWNER. In addition to the normal information provided on the insurance certificates, they shall specifically provide that: 1. A certificate will not be modified except upon ten (10) day's prior written notice to the OWNER. 2. Coverage is included for blasting, collapse and underground hazards, and 3. The contractual liability hazard has been insured. .27 DETAIL DRAWINGS AND INSTRUCTIONS a. The GOLF COURSE ARCHITECT shall furnish with reasonable promptness, addi- tional instructions by means of drawings or otherwise, necessary for the proper execution of the work. All such drawings and instruction shall be consistent with the Contract Documents, true developments thereof, and reasonably inferable there- from. The work shall be executed in conformity therewith and the CONTRACTOR shall do no work without proper drawings or instructions. .28 CONTRACT DRAWINGS AND SPECIFICATIONS a. Unless otherwise provided in the Contract Documents the CONTRACTOR will be furnished, free of charge, all copies of the drawings and specifications reasonably necessary for the execution of the work. b. All copies of drawings and specifications must be returned to the GOLF COURSE ARCHITECT upon demand. .29 SHOP DRAWINGS a. The CONTRACTOR shall check and verify all field measurements and shall submit promptly three copies, checked and approved by him, of all shop or setting drawings and schedules required for the work of the various trades. The GOLF COURSE iPCH ITFCT shall check and approve, with reasonable conformance with the design con- GC -12 cept of the Project and compliance with the information given in the Contract Documents. The CONTRACTOR shall make any corrections required by the GOLF COURSE ARCHITECT and file with them two corrected copies each and furnish such other copies as may be needed. The GOLF COURSE ARCHITECT'S attention to such deviations at the time of submission, and secured with his written approval, shall not re- lieve the CONTRACTOR from responsibility for errors in shop drawings or schedules. .30 DRAWINGS AND SPECIFICATIONS ON TIIE WORK a. The CONTRACTOR shall keep one copy of all drawings and specifications on the work, in good order, available to the GOLF COURSE ARCHITECT and SUPERINTENDENT at the job site. .31 OWNERSHIP OF DRAWINGS a. All drawings, specifications and copies thereof furnished by the GOLF LOURSE ARCHITECT are his property. They are not to be used on other work and with the exception of the signed Contract set, are to be returned to him on re- quest, at the completion of the work. .32 SAMPLES a. the CONIRACIOR shall furnish for approval, with reasonable promptness, all samples as directed by the SUPERINTENDENT or GOLF COURSE ARCHITECT. The GOLF COURSE ARCHITECT shall check and approve such samples, with the reasonable prompt- ness, only for conformance with the design concept of the Project and for compli- ance with the information given in the Contract Documents. The work shall be in accordance with approved samples. .33 MATERIALS, APPLIANCES, EMPLOYEES a. Unless otherwise stipulated, the CONTRACTOR shall provide and pay for all materials, labor, water, tools, equipment, light, power, transportation and other facilities necessary for the execution and completion of the work. b. All materials shall be new, unless otherwise specified in the Contract Documents. Both workmanship and materials shall be of good quality. The CONTRAC- TOR shall, if required, furnish satisfactory evidence as to the kind and quality of materials. c. Where the CONTRACTOR has good reason to suggest a substitution, he shall indicate the amount of extra or credit involved, at the time of the contract sign- ing, and in each case he shall obtain written approval from the OWNER, and the GOLF COURSE ARCHITECT before using substitute materials. For each proposed sub- stitution, samples, descriptive and technical data, cost comparison data, and re- ports of tests shall be submitted to the GOLF COURSE ARCHITECT for approval. No substitute items shall be furnished or installed without written approval. The CONTRACTOR shall reimburse the OWNER for any additional architectural or engineer- ing charges incurred in evaluating the proposed substitutions, whether accepted or rejected and for any changes in specifications, drawings and in the work of other trades resulting from substitutions. GC -13 d. Strict Discipline and Good Order shall at all times be enforced by the CONIRACTOR, and he shall not employ on the work any unfit person and anyone not skilled in the work assigned to him. e. The CONTRACTOR shall furnish the necessary sanitary conveniences, properly secluded, for laborers on this work and these shall be maintained in a manner in- offensive to the public. .34 ROYALTIES AND PATENTS a. The CONTRACTOR shall pay all royalties and license fees. He shall defend all suits and claims for infringement of any patent rights and shall save the OWNER harmless from loss on account thereof, except that the OWNER shall be res- ponsible for any such loss when a particular process or the product of a particu- lar manufacturer or manufacturers is specified, but if the CONTRACTOR has informa- tion that the process of article specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to the OWNER. .35 SURVEYS, PERMITS, LAWS, TAXES, AND REGULATIONS a. The OWNER shall furnish all surveys unless otherwise specified, and shall acquire and pay for all easements for permanent structures or permanent changes in existing facilities, unless otherwise specified. h. The CONTRACTOR shall give all notices and comply with all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified, and shall secure and pay for all necessary permits and licenses. If the CONTRAC- TOR observes that the drawings and specifications are at variance therewith, he shall promptly notify the GOLF COURSE ARCHITECT in writing and any necessary changes shall be adjusted as provided in the Contract for changes in the work. If the CONTRACTOR performs any work knowing it to be contrary to such laws, ordin- ances, rules, and regulations, and without such notice to the GOLF COURSE ARCHITECT, he shall bear all costs arising therefrom. c. Wherever the law of the place of building requires a sales, consumer, use, or other similar tax, the CONTRACTOR shall pay such tax. .36 PROTECTION OF WORK AND PROPERTY a. The CONTRACTOR shall continuously maintain adequate protection of all his work from damage and shall protect the OWNER'S property from injury or loss arising in connection with this Contract. He shall make good any such damage, injury, or loss, except such as may be directly due to errors in the Contract Documents or caused by agents or employees of the OWNER, or due to causes beyond the CONTRACTOR'S control and not to his fault or negligence. He shall adequately protect adjacent property as provided by law and the Contract Documents. The CONTRACTOR shall take all necessary precautions for the safety of employees on the work, and shall comply with all applicable provisions of Federal, State and Municipal safety laws and building codes to prevent accidents or injury to persons on, about, or adjacent to the premises where the work is being performed. He shall erect and properly main- tain at all times, as required by the conditions and progress of the work, all neces- GC -14 sary safeguards for the protection of workmen and the public and shall post danger signs warning against all hazards. In an emergency affecting the safety of life or of the work or of adjoining property, the CONTRACTOR without special instruction or authorization from the GOLF COURSE ARCHITECT or OWNER, is hereby permitted to act, at his discretion, to prevent such threatened loss or injury and he shall so act without appeal; if so authorized or instructed. Any compen- sation, claimed by the CONTRACTOR because of emergency work, shall be determined by agreement or arbitration. .37 ACCESS TO WORK a.• The GOLF COURSE ARCHITECT and SUPERINTENDENT shall at all times have access to the work wherever it is in preparation or progress and the CONTRACTOR shall provide proper facilities for such access so that they may perform their functions under the Contract Documents. If the specifications, the GOLF COURSE ARCHITECT'S instructions, laws, ordinances or any public authority require any work to be specially tested or approved, the CONTRACTOR shall give timely notice of its readiness for observation or inspection. If the inspection is by an author- ity other than the GOLF COURSE ARCHITECT or SUPERINTENDENT, required certificates of•inspection shall be secured by the CONTRACTOR. Observations by the GOLF COURSE ARCHITECT or SUPERINTENDENT shall be promptly made, and where practicable at the source of supply. If any work should be covered up without approval or consent of Lhe GOLF COURSE ARCHITECT or SUPERINTENDENT, it must be uncovered for examina- tion at the CONTRACTOR'S expense, if ordered. Re- examination of questioned work may be ordered by the GOLF COURSE ARCHITECT or SUPERINTENDENT, and if so ordered, the work must be uncovered by the CONTRACTOR. If such work be found not in accord- ance with the Contract Documents, the CONTRACTOR shall pay such cost, unless it be found that the defect in the work was caused by a CONTRACTOR employed as pro- vided in Section 11, and in that event, the OWNER shall pay such cost. .38 SUPERINTENDENCE: SUPERVISION a. The CONTRACTOR shall give active supervision to the work, using his best skill and attention. He shall carefully study and compare all drawings, specifi- cations and other instructions and shall at once report to the SUPERINTENDENT and GOLF COURSE ARCHITECT an error, inconsistency or omission which he may discover, but he shall not be liable to the OWNER for any damage resulting from any errors or deficiencies in the Contract Documents or other instructions by the SUPERINTEN- DENT or GOLF COURSE ARCHITECT. The GOLF COURSE ARCHITECT shall not be responsible for the acts or omissions of the SUPERINTENDENT. b. The CONTRACTOR must submit with his bid, the name and qualifications of his job superintendent. The job superintendent will be present at the job site during the entire progress of the work. Any communication through the job superintendent shall be binding as if given to the CONTRACTOR. .39 CHANGES IN THE WORK a. The OWNER, without invalidating the Contract, may order extra work or make changes by altering, adding to, or deducting from the work, the Contract Sum being adjusted accordingly. All such work shall be executed under the conditions of the original contract except that any claim for extension of time caused thereby shall GC -15 1 be adjusted at the time of ordering such change. In giving instructions, the GOLF ' COURSE ARCHITECT shall have authority to make minor changes in the work, not in- volving extra cost, and not inconsistent with the purpose of the construction, but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order from the OWNER signed or countersigned by the GOLF COURSE ARCHITECT or a written order from the GOLF COURSE ARCHITECT, stating that the OWNER has authorized the extra work or change, and no claim for an addition to the contract sum shall be valid unless so ordered. 1 The value of any such extra work or change shall be determined in one or more of the following ways, mutually agreed upon by the Owner, GCA and Contractor. ' 1. By Estimate and acceptance in a lump sum. 2. By Unit Prices named in the Contract or subsequently agreed upon. 1 3. By Cost and Percentage or by cost and fixed fee. .40 CLAIMS FOR EXTRA COST 1 a. If the CONTRACTOR claims that any instruction by drawings or otherwise involve extra cost under this Contract, he shall give the GOLF COURSE ARCHITECT I written notice thereof within a reasonable time after the receipt of such instruc- tions, and in any event before proceeding to execute the work, except in emergency endangering life or property, and the procedure shall then be as provided for changes in the work. No such claim shall be valid unless so made, and in writing. 1 .41 DELAYS AND EXTENSION OF TIME I a. If the CONTRACTOR be delayed at any time in the progress of the work by any act or neglect of the OWNER or the GOLF COURSE ARCHITECT, or of any employees of either, or by any separate contractor employed by the OWNER, or by changes ordered 1 in the work, or by strikes, lockouts, fire, unusual delay in transportation, un avoidable casualties or any causes beyond the CONTRACTOR'S control or by delay justified by the GOLF COURSE ARCHITECT, then the time of completion shall be ex- tended for such reasonable time as the GOLF COURSE ARCHITECT may decide. b. No such extension shall be made for delay occurring more than seven days before claim therefore is made in writing to the GOLF COURSE ARCHITECT. In the II case of a continuing cause of delay, only one claim is necessary. If no schedule or agreement stating the dates upon which drawings shall be furnished is made, then no claim for delay shall be allowed on account of failure to furnish drawings un- 1 til two weeks after demand for such drawings and not then unless such claim be rea- sonable. This article does not exclude the recovery of damages for delay by either party under other provision in the Contract Documents. ' .42 CORRECTION OF WORK BEFORE FINAL PAYMENT a. The CONTRACTOR shall promptly remove from the premises all work condemned 1 by the SUPERINTENDENT or the GOLF COURSE ARCHITECT as failing to conform to the Contract, whether incorporated or not, and the CONTRACTOR shall promptly replace and reexecute his own work in accordance with the Contract and without expense to 1 ' GC -16 the OWNER and shall bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement. If the CONTRACTOR does not remove such condemned work within a reasonable time, fixed by written notice, the OWNER may remove it and may store the material at the expense of the CONTRACTOR. If the CONTRACTOR does not pay the expense of such removal within ten days' time thereafter, the OWNER may, upon ten days' written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the CONTRACTOR. .43 CORRECTION OF WORK AFTER FINAL PAYMENT a. The CONTRACTOR shall remedy any defects due to faulty materials or workman- ship and pay for any damage to other work resulting therefrom, which shall appear within a period of one year from the date of final payment, or from the date of the OWNER'S substantial usage or occupancy of the Project, whichever is earlier, and in accordance with the terms of any special guarantees provided in the Contract. The OWNER shall give notice of observed defects with reasonable promptness. All ques- tions arising under this Section shall be decided by the GOLF COURSE ARCHITECT sub- ject to arbitration, not withstanding final payment. .44 DEDUCTIONS FOR UNCORRECTED WORK a. If the GOLF COURSE ARCHITECT and OWNER deem it expedient not to correct work injured or done not in accordance with the Contract, an equitable deduction from the Contract price shall be made therefore. .45 THE OWNER'S RIGHT TO DO WORK a. If the CONTRACTOR should neglect to prosecute the work properly or fail to perform any provision of this Contract, the OWNER, after ten days' written notice to the CONTRACTOR may, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment then or thereafter due the CONTRACTOR provided, however, that the GOLF COURSE ARCHITECT shall approve both such action and the amount charged to the CONTRACTOR. .46 OWNER'S RIGHT TO TERMINATE CONTRACT a. If the CONTRACTOR should be adjudged as bankrupt, or if he should make a general assignment for the benefit of his creditors, or if a receiver should be appointed because of his insolvency, or if he should persistently or repeatedly refuse or should fail, except in cases for which extension of time is provided, to supply enough properly skilled workmen, proper materials, or equipment or if he should fail to make prompt payment to sub - contractors or for material or labor, or persistently disregard laws, ordinances or the instruction of the GOLF COURSE ARCHITECT the Contract, o then w the OWN f receipt t of t the certificate f from the ARCHITECT that sufficient cause exists to justify such action, may without prejud- ice to any other right or remedy, and after giving the CONTRACTOR and his surety, if any, ten days' written notice, terminate the employment of the CONTRACTOR and take possession of the premises and of all materials, tools and appliances thereon and finish the work by whatever method he may deem expedient. In such case the CONTRACTOR shall not be entitled to receive any further payment until the work is GC -17 finished. If the unpaid balance of the Contract price shall exceed the expense of finishing the work including compensation for additional architectural, mana- gerial and administrative services, such excess shall be paid to the CONTRACTOR. If such expense shall exceed such unpaid balance, the CONTRACTOR shall pay the difference to the OWNER. The expense incurred by the OWNER as herein provided, and the damage incurred through the CONTRACTOR'S default, shall be certified by the GOLF COURSE ARCHITECT. .47 THE CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT a. If the work be stopped under an order of any court, or other public author- ity, for a period of ninety days, through no act or fault of the CONTRACTOR or of anyone employed by him, then the CONTRACTOR may, upon ten days' written notice to the OWNER and the GOLF COURSE ARCHITECT terminate this Contract and recover from the OWNER payment for all work executed and any proven loss sustained upon any plant or materials and reasonable profit and damages. Should the GOLF COURSE ARCHITECT fail to issue any Certificate for Payment, through no fault of the CONTRACTOR, with- in ten days after the CONTRACTOR'S formal request for payment or if the OWNER should fail to pay to the CONTRACTOR within fifteen days of its maturity and presentation, any sum certified by the GOLF COURSE ARCHITECT or awarded by arbitrators, then the CONTRACTOR may, upon ten days' written notice to the OWNER and the GOLF COURSE ARCHI- TECT stop the work or terminate this Contract as set out in the preceding paragraph. .48 APPLICATIONS FOR PAYMENT a. At least five days before each payment falls due, the CONTRACTOR shall sub- mit to the GOLF COURSE ARCHITECT an itemized application for payment, supported to the extent required by the GOLF COURSE ARCHITECT by receipts or other vouchers, showing payments for materials and labor, payments to sub - contractors and such other evidence of the CONTRACTOR'S right to payment as the GOLF COURSE ARCHITECT may direct. b. If payments are made on valuation of work done, the CONTRACTOR shall, be- fore the first applications, submit to the GOLF COURSE ARCHITECT a schedule of values of the various parts of the work, including quantities, aggregating the total sum of the Contract, divided so as to facilitate payments to sub - contractors in accordance with Section 17 -C made out in such form as the GOLF COURSE ARCHITECT and the CONTRACTOR may agree upon, and, if required, supported by such evidence as to its correctness as the GOLF COURSE ARCHITECT may direct. This schedule, when approved by the GOLF COURSE ARCHITECT shall be used as a basis for Certificates for Payments, the CONTRACTOR shall submit a statement based upon this schedule. c. If payments are made for materials not incorporated in the work but delivered and suitably stored at the site, or at some other location agreed upon in writing, such payments shall be conditioned upon submission by the CONTRACTOR of bills of sale, lien waivers, or such other procedure as will establish the OWNER'S title to such material or otherwise adquately protect the OWNER'S interest including appli- cable insurance. .49 CERTIFICATES FOR PAYMENT a. If the CONTRACTOR has made application for payment as above, the GOLF COURSE GC -18 ARCHITECT shall, not later than the date when each payment falls due, issue a Certificate for Payment to the CONTRACTOR for such amount as he decides to be properly due, or state in writing his reasons for withholding a certificate. b. No certificate issued nor payment made to the CONTRACTOR, nor partial or entire use or occupancy of the work by the OWNER, shall be an acceptance of any work or materials not in accordance with this Contract. The making and accept- ance of the final payment shall constitute a waiver of all claims by the OWNER, other than those arising from unsettled liens, from faulty work appearing after final payment or from failure to comply with drawings and specifications and terms of any special guarantees specified in the Contract and of all claims by the CON- TRACTOR, except those previously made and still unsettled. c. Should the OWNER fail to pay the sum named in any Certificate for Payment issued by the GOLF COURSE ARCHITECT or in any award by arbitration, upon demand when due, the CONTRACTOR shall receive, in addition to the sum named in the Cer- tificate, interest thereon at the legal rate in force at the place of construction. .50 PAYMENTS WITHHELD a. The GOLF COURSE ARCHITECT may withhold or, because of subsequently dis- covered evidence, nullify the whole or a part of any certificate to such extent as may be necessary in his reasonable opinion to protect the OWNER from loss be- cause of: 1. Defective Work not remedied. 2. Claims filed or reasonable evidence indicating probable filing of claims. 3. Failure of the CONTRACTOR to make payments properly to the SUB- CONTRACTORS or for material or labor. 4. A Reasonable Doubt that the Contract can be completed for the balance then unpaid. 5. Damage to another contractor. b. When the above grounds are removed, payment shall be made for amounts with- held because of them. c. Retained Percentage - A specified amount of each approved partial payment shall be retained until completion and final acceptance of the work. This percen- tage shall be as stipulated in the Special Conditions of these Specifications. .51 LIENS a.' Neither the final payment nor any part of the come due until the CONTRACTOR, if required, shall deli release of all liens arising out of this Contract, or of and, if required in either case, an affidavit that information the releases and receipts include, all the GC -19 retained percentage shall Be- ver to the OWNER a complete receipts in full in lieu there - so far as he has knowledge or labor and material for which 1 II a lien could be filed; but the CONTRACTOR may, if any SUB - CONTRACTOR refuses to I furnish a release or receipt in full, furnish a bond satisfactory to the OWNER, to indemnify him against any lien. If any lien remains unsatisfied after all payments are made, the CONTRACTOR shall refund to the OWNER all money that the 1 latter may be compelled to pay in discharging such a lien, including all costs and a reasonable attorney's fee. .52 USE OF THE SITE 1 a. The CONTRACTOR shall confine his apparatus, the storage of materials and the operations of his workmen to limits indicated by law, ordinances, permits, 1 plans or directions of the GOLF COURSE ARCHITECT and shall not unreasonably en- cumber the site with his materials. .53 CUTTING, PATCHING II a. The CONTRACTOR shall do all cutting, fitting or patching of his work that may be required to make its several parts come together properly and fit it to re- m ceive or be received by work of other contractors shown upon, or reasonably implied by the Drawings and Specifications for the completed project, and he shall make good after them as the GOLF COURSE ARCHITECT may direct. Any cost caused by de- ' fective or ill -timed work shall be borne by the party responsible therefore. The CONTRACTOR shall not endanger any work by cutting, excavating or otherwise alter- ing the work and shall not cut or alter the work of any other contractor save with the consent of the GOLF COURSE ARCHITECT. 1 .54 CLEANING UP I a. The CONTRACTOR shall at all times keep the premises free from accumulation of waste materials or rubbish caused by his employees or work, and at the comple- tion of the work he shall remove all his rubbish from and about the site and all his tools, equipment, and surplus materials and shall leave his work acceptably, unless more exactly specified. In case of dispute, the OWNER may remove the rub - blish and charge the cost to the CONTRACTOR as the GOLF COURSE ARCHITECT shall determine to be just. 1 b. Before acceptance of the job by the OWNER, the site and premises shall be thoroughly clean to the satisfaction of the GOLF COURSE ARCHITECT and the OWNER. ' .55 DETERMINATION AND EXTENSION OF CONTRACT TIME 111 a. The time allowed for completion of all work required by the Contract will be stated in the Bid Form and /or Special Conditions and that time allotment shall be known as the Contract Time. For reasons of public interest, it is essential that the time be prosecuted continuously and effectively, with the least possible ' delay, to the end that all work will be completed within the time period allowed. .56 DETERMINATION OF CONTRACT TIME 1 a. When the Contract Time is specified by designating a definite number of Working Days, as defined in Section 1, assessment of working day charges will start 1 ' GC -20 on the date specified in the Notice of Contract Award, and all work must be com- pleted in accordance with the requirements of the Contract on or before the date on which the specified number of Working Days expire. Assessment of working day charges will be in accordance with the following provisions: 1. The GOLF COURSE ARCHITECT will furnish the CONTRACTOR a weekly state- ment showing the working day charges assessed against the Contract during the preceding week, along with the time remaining for comple- tion of the Project. No statements will be issued during periods of authorized winter suspension. 2. One whole day will be assessed for each Working Day on which the con- trolling items can be effectively prosecuted during six (6) or more hours of the CONTRACTOR'S daily working schedule. A fractional day will be assessed for each Working Day on which the controlling oper- ations can be effectively prosecuted for at least two (2) hours but not more than six (6) hours of the day. 3. Fractional working day charges may be made on those days when condi- tions beyond the control of the CONTRACTOR and unknown to him at the time of bidding make it impossible to prosecute the controlling items of work with full normal efficiency or with the full normal working forces, or when any one or more but not all of the controlling items can be effectively prosecuted. 4. No working day charges will be assessed on Saturdays, Sundays, and legal holidays of the State, even though work may be performed. No fractional charge will be made for days on which the work cannot be prosecuted for at least two (2) hours of the normal working schedule. 5. No working day charges will be made during the periods between the effective dates of Suspension and Resumption of Work orders issued by the GOLF COURSE ARCHITECT for reasons entirely beyond the control and without the fault of the CONTRACTOR. 6. Upon reciept of each weekly working day statement, the CONTRACTOR will be allowed five days in which to file a written protest if he considers an improper assessment was made. Unless a timely written protest is filed with the GOLF COURSE ARCHITECT, the statement shall be conclusively considered as having been accepted by the CONTRACTOR as correct. 7. Should the CONTRACTOR file a timely protest concerning working day charges on any statement, and if the GOLF COURSE ARCHITECT does not agree with the CONTRACTOR'S contentions by issuing an amended state- ment that is agreed to, the statement in question will be referred to the OWNER for disposition. b. Should an extension of the Contract Time be granted as provided for in Sec- tion 57, the extended time for completion shall then be in full force and effect the same as though it were originally allowed. GC -21 .57 EXTENSION OF CONTRACT TIME a. If, for reasons beyond his control and without fault or negligence on his part, the CONTRACTOR finds it impossible to complete the Project within the Con- tract Time as awarded, an extension of time may be granted in accordance with the provisions hereof, provided the CONTRACTOR makes a written request for time ex- tension before the Project has been completed and accepted. In his request, the CONTRACTOR shall set forth the reasons he believes will justify the granting of a time extension, based on the considerations described herein or on such other conditions as he considers to be relevant or accountable. b. The Contract Time as awarded, may be extended as the GOLF COURSE ARCHITECT determines to be justified, for any of the following reasons, or for such other reasons as the OWNER may recognize as being entirely beyond the CONTRACTOR'S control: 1. Delays caused by failure of the OWNER to approve the Contract at least ten (10) Calendar Days in advance of the latest date specified for beginning construction operations; 2. Delays caused by an earthquake, flood, cloudburst, cyclone, tornado, or other cataclysmic phenomenon of a nature beyond the power of the CONTRACTOR to foresee and make preparations in defense against; 3. Delays caused by acts of the Government or a political subdivision or by acts of the public enemy including fires, epidemics, and strikes not caused by improper acts or omissions of the CONTRACTOR; 4. Delays caused by an action or nonaction of the OWNER, by noncomple- tion of work being done by other contractors, or by other unforesee- able interferences not the fault of the CONTRACTOR; 5. Extraordinary delays in delivery of materials, resulting from strikes, lockouts, freight embargoes, governmental acts, or sudden disaster, of a nature beyond the power of the CONTRACTOR or his material sup- plier to foresee and forestall; 6. Delays directly attributable to the performance of Extra Work or in- creased quantities of work. c. The following circumstances or conditions shall not be considered valid rea- sons for the granting of time extensions: 1. Any plea by the CONTRACTOR that insufficient time was specified in the Contract; 2. Delays caused by conditions on the Project that could be foreseen or anticipated prior to bidding; 3. Delays caused by loss of efficiency in prosecuting work during cold weather, under the influence of traffic, or in the oresence of other foreseeable interferences; GC -22 Joint sealant: Use only approved type PVC pipe joint sealant on plastic threads. Use nonhardening, non toxic pipe joint sealant formulated for use on water - carrying pipes on metal threaded connections. • (e) Control Wire: Electric wire from the satellite control unit to each remote control valve shall be American Wire Gauge (AWG) No. 14 solid copper, Type UF cable, UL ap- proved for direct underground burial. Unless otherwise noted, electric wire linking the central control unit and satellite control units shall be American Wire Gauge (AWG) No. 14 solid copper, Type UF cable, UL approved for direct underground burial. Color: Wire color shall be continuous over its entire length. Use black white and green for 120 Volt power wire. Use easily distinguished colors for other control wires and signal wires, per plan call out. 2.06 VALVE BOXES (a) All boxes to be located at grade or 1/4" below grade to prevent possible mower damage. (b) See details and plan notes for boxes. It is important for maintenance that correct box is used with color code as called for. 2.07 GATE VALVES (a) (Main Line Valve - Valve shall be quality type as "Nibco ". Connection shall be ringtite with square operating nut. (See detail for box.) (b) 1 - 1/2" or 2" Brass Gate Valve - Valve shall be all brass construction. Type as specified on plans. (See detail for box). 2.08 SPRINKLER, CONTROLLERS, REMOTE CONTROL VALVES (a) All threaded joints shall be installed with use of approved pipe mastic for P.V.C. (b) All heads shall be installed as per details. (c) Quick Coupling Valves - Contractor shall install Q.C.V. at locations as directed by the Irrigation Consultant. plan. Q.C.V. is to be installed as per detail. Quantity is as shown on (d) Automatic Controller - Brand and type as shown on plan. 1. Automatic sprinkler controller installation - install controller, housing and all accessories in strict accordance with the manufacturer's approved details and contract requirements. 2. Master /central controller shall be located as directed in field. (When required.) (e) Remote Control Valves - Brand and size as shown on plans. See details for box and installation. Section I Page 3 2.09 EXCAVATING AND BACKFILLING (a) Locations of existing utilities and other improvements on the drawings are approximate. Existing known conditions shall be the responsibility of the Contractor in case of damage. (b) If after the Contractor requests verification of existing utilities and existing utility is not pointed out by Owner's Representative, it shall remain the Owner's responsibility in case of damage. (c) Excavation — All excavation shall be open vertical construction sufficiently wide to provide ample working space around the work installed, and ample space for backfilling operations. (d) Rock Free — 4" of rock free material will be required above and below all main line piping. (e) Backfill — The Contractor shall place six (6) inches of rock —free backfill over pipe as soon after installation as possible. 24 —Volt wire shall be bundled and run in the trench with this backfill so as to be separate from main line pipe. Remaining trench backfill shall be rock —free material placed over wire. All unsuitable excavated material shall be immediately hauled from site and area cleaned and dressed to receive topsoil or landscaping. (f) Compaction — The Contractor shall compact all open trenches to eliminate later settlement. The compaction may be accomplished by means of flooding, but full responsibility for any settlement will rest with the Contractor and no extra compensation will be allowed for placing additional material to grade. Contractor shall be responsible for all settling of trenches for one year. (g) It is recommended that backfill be made first thing in the morning while pipe and soil temperatures are approximately the same. (h) Flushing and Testing — All pipe lines shall be thoroughly flushed before any heads are installed. When requested, test shall include pressure and leakage tests of sections of pipe as separated by line valves, at pressures not to exceed 150 pounds on gauge at low point of section or sections being tested. Designer shall determine proper pressure and the test shall be executed in accordance with recommendation of Johns — Manville Guide for Installation of Ring —Tite Pipe. (i) Final Backfill — After test is approved by Designer, the complete backfill of mains will be done with compaction by flooding method. Remove all material excess or unsuitable material for seedbed. 2.10 SLEEVING AND BORING (a) For pedestrian sleeving, install sleeving at a depth which permits the encased pipe or wiring to remain at the specified burial depth. (b) For highway sleeves (CMP), install sleeves a maximum of 36 inches from top of pipe to finished grade. Section I Page 4 (c) Extend sleeve ends six inches beyond the edge of the paved surface. Cover pipe ends and mark with stakes. (d) Bore for sleeves under obstructions which cannot be removed. Employ equipment and methods designed for horizontal boring. 2.11 ASSEMBLING PIPE AND FITTINGS (a) General: 1. Keep pipe free from dirt and pipe scale. Cut pipe ends square and debur. Clean pipe ends. 2. Keep ends of assembled pipe capped. Remove caps only when necessary to continue assembly. (b) Mainline Pipe and Fittings: 1. Use only strap -type friction wrenches for threaded pipe. 2. PVC Rubber - Gasketed Pipe; (c) (a) (b) Section I Page 5 plastic Use pipe lubricant. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. Cast iron or ductile icon fittings shall not be struck with a metallic tool. Cushion blows with a wood block or similar shock absorber. 3. PVC Solvent Weld Pipe: (a) Use primer and solvent cement . Join pipe in a manner recommended by the manufacturer and in accordance with accepted industry practices. (b) Cure for 30 minutes before handling and 24 hours allowing water in pipe. (c) Snake pipe from side to side within the trench. Submain Pipe, Lateral Pipe, and Fittings: before 1. Use only strap -type friction wrenches for threaded plastic pipe. 2. PVC Solvent Weld Pipe: (a) Use primer and solvent cement. Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. (b) Cure for 30 minutes before handling and 24 hours before allowing water in pipe. (c) Snake pipe from side to side within the trench. (d) Specialized Pipe and Fittings 1. Galvanized Steel Pipe (a) Join pipe in the manner recommended by manufacturer and in accordance with accepted industry practices. (b) Apply teflon -type tape or pipe joint compound to the male threads only. 2. Insert a dielectric union wherever a copper -based metal (copper, brass, bronze) and an iron -based metal (iron, galvanized steel, stainless steel) are joined. 3. PVC Threaded Connections (a) Use only factory- formed threads, Field -cut threads are not permitted. (b) Use only approved type pipe mastic. (c) When connection is plastic -to- metal, the plastic component shall have female threads. 4. Install CAL-AM saddles according to manufacturer's recommendations. 5. Make metal -to- metal, threaded connections with Teflon -type tape or pipe joint compound applied to the male threads only. (e) Thrust Blocks 1. Use cast -in -place concrete bearing against undisturbed soil on all ring -tite fittings and gate valves. 2. For concrete volume, see Johns - Manville Rand Book with size to soil type. 2.12 INSTALLATION OF CONTROL SYSTEM COMPONENTS (a) Irrigation Control Units The locations of the control units as depicted on the drawings are approximate; the Consultant will determine their exact site locations during sprinkler layout inspection. Lightning protection: Drive an 8 -foot copper -clad grounding rod into the soil (see installation details). If rock prevents driving, bury at least four feet deep. Connect control unit to grounding rod with AWG #10 solid con- ductor copper wire. Secure wire to grounding rod with brass or bronze clamp. Central control unit to be installed per manufacturers recommendation as called out in Special Conditions. (h) Control Wire Bnndi . wires where two or more are in the same trench. Bundle with pipe wrapping tape spaced at 10 -foot intervals. Section I Page 6 Electrical connection at valve will allow for pigtail so solenoid can be removed from valve with sufficient slack to allow ends to be pulled 12" above ground for examination and cleaning. See Details. Provide a 24 —inch excess length of wire in an 8 —inch diameter loop at each 90 degree change of direction, and at both ends of sleeves. Do not tie wiring loop. If a control wire must be splice, (or at solenoid connections) make splice with wire connectors and waterproof sealant, installed per the manufacturer's instructions. When splicing between satellites signal wires or 120 Volt power wires, an electrical junction box is required per detail. Unless noted on plans, install wire parallel with main line pipe. See Detail 2.13 RECORD (AS— BUILT) DRAWINGS (a) Maintain in good order, on site, one complete set of irrigation construction drawings which shall be updated on a weekly basis to reflect progress. Record pipe and wiring network alterations. Record work which is installed differently than shown on the construction drawings. Record accurate reference dimensions, measured from at least two permanent reference points. 2.14 CLEANUP (a) Upon completion of work, remove from the site all machinery, tools, excess materials, and rubbish. Section I Page 7 End of Section I IRRIGATION SPECIFICATIONS SECTION II — SPECIAL INSTRUCTIONS 3.01 GENERAL These special instructions are to be considered as part of the specifications and where in conflict with any other part of these specifications are to supersede the same. 3.02 STARING AND "AS BUILT" MAP (a) Contractor will supply all stakes and flagging needed for staking and layout as per Designer's request. (b) The Designer will be responsible for all staking and layout. Contractor shall furnish three (3) men to assist in this staking. (c) The Designer will make all decisions as to infield changes. (d) The Desginer will be responsible for the preparation of the "As Staked" plan and provide Contractor with copies of New Blue Line drawings within twenty four hours as as possible. (e) Contractor is to red line these blue line "As Staked Drawings" as he completes work in each area. This red line is to indicate where piping was installed showing all routing changes. Progress payments will be held up if this process is not kept up to date. 3.03 DEPTH OF COVER (a) Irrigation Main Line Pipe — That pipe 4" and larger will have a cover of 18" to 22 ". (b) Sub Main Line Pipe — That pipe 1 -1/2 — 2 — and 2 -1/2" supplying valve in head sprinkler or R.C.V. "s shall have a cover of 12" to 16 ". (c) Lateral Piping — That pipe after the remote control valve supplying the individual sprinklers, shall have a cover of 10" to 14 ". (d) Wire — Wire depths and installation shall conform to local codes. 3.04 TRENCH WIDTH (a) Trenching in limestone area will require special consideration in trench width and backfill. (b) Trenching mainline will require Vermeer 800 type trenches with width requirements as follows: Pipe Trench Width 1- 1/2 "- 2 "- 2 -1/2" 8" 4" 12" 6 " -8" 18" The need to provide space on both sides of the main in this hard limestone is for repair and installation. the 3.05 BACK FILL (a) When sandstone /limestone is removed from trench and becomes fine lil:a dust, this material wiLl not be permitted fur bedding. 400ri ., rr n (b) Bedding material will be supplied on site for Contractor to pick up and deliver to his trench side. This material will then be placed as .bedding, prior to pipe installation. After pipe is installed and shaded with good bedding material, final back fill can be mixed with limestone fines if less than 1 -1/2" in size. (c) In all cases it is understood if trench walls or bottom has exposed rock of any type, bedding will be completed with this outside bedding material prior to pipe installation to cushion from this rock. (d) All trenches shall be water settled for compaction. 3.06 POWER SUPPLY 120 VOLT FIELD CONTROLLERS (a) Two power sources are used with 120 Volt power coming from breaker box as provided at irrigation pump station. (b) Conduit required in concrete floor as detailed. Use flex cable or steel conduit where exposed in building to meet local electric codes. (c) Provide power stabilizer at each source as called for on plans. (d) Provide lightning protection at each clock as called for on plan. 3.07 CENTRAL PROGRAMMER (a) Irrigation Contractor is responsible to run pulse wire to maintenance building and locate in Junction Box outside of building. Wire hook up into building is by others. Irrigation Contractor is responsible to "ring out" pulse wire with manufacturers represenative, and is responsible for cost of any repairs to make pulse wire operable. 3.08 SETTING OF HEADS AND BOXES (a) Contractor shall be responsible for all pipe ditch settlement for one year after acceptance. (b) Contractor shall be responsible for all settlement of sprinkler heads and boxes, for 60 days after each area has been turned over and accepted for operation by the Owner. (c) Boxes will be set to finish grade and hand tamped with weighted hand held compactor. This tamping will be done when soil is moist — not wet. (d) Sprinkler heads will be set 1 -1/2" — 2" above grade so as not to flood with mud. (e) Owner will be responsible to lower heads to grade. 3.09 CREEK CROSSINGS Creek beds as shown on plans generally have a rock bottom and will require special handling for crossing with pipe or wire. (a) Plans show crossings with a O1 or with a 02 R shall he made with steel bedded in concrete per detail. shall be made in 4" steel sleeve with solvent weld 90 per detail (h) All wire shall he in P.V.C. conduit located next to pipe. Pulse wig' shall he in separate conduit for power wires. Snrtinn TT Papa 9 3.10 CLEAN UP (a) It is understood that rock exposed from trench excavation shall be removed and disposed of by the Irrigation Contractor. (b) Any rock left after back fill, and prior to finish grade work, shall be 2" in size or less. Failure to meet this requirement of clean up will result in work being performed by finish grade Contractor and back charged to Irrigation Contractor. (c) Irrigation Contractor shall be notified in writing if clean up requirements are not met, with twenty four to respond. 3.11 EXISTING UTILITIES (a) The location of any existing utilities is the responsibility of the Contractor to verify. The existing conditions shall be the responsibility of the Contractor in case of damage. (b) If Contractor request verification of utilities and is not advised it will be Owner's responsibility for repair. 3.12 ROAD CROSSINGS (a) All irrigation piping at road crossings shall have minimum of 36" of .cover. Back fill shall be completely of sand with bedding 6" - 8" below and on both sides of pipe. (b) All wire crossing roads shall be in conduit sized to accommodate wire. 120 volt power, pulse wire, and 24 volt wires shall all be in separate conduits. 3.13 PUMP STATION (a) Pump stations as detailed, shall be a skid unit as manufactured by PSI with all of the standard features as called under their standard unit. (b) Wet Well shall be set as detailed with size and depth as on plans. (c) Inlet pipe shall be with rotating screen at inlet. Screen to be stainless steel with plastic frame or approved epoxy coated steel frame. Size as called on detail. (d) Pad shall be as sized on plan, with re-bar requirement to meet local code for type of building to be built by others. Pad footing requirement shall be confirmed by Owner as to building requirm't. Note:Conduit requirm't (e) Power shall be supplied by Owner with hook -up of same by others. (f) 120 volt power to field clocks shall be part of this work. (g) Setting of skid and hook -up of welded steel shall be as per detail. Paint exposed steel piping to match pump station. (h) Contractor shall be responsible for pump manufacturer to perform start up and written warranty will be for two years from date of purchase. Section II Page 3 3.14 WARRANTY (a) The Contractor shall warrant his construction to be free from defects in material and workmanship including the manner of installation for a period of one year following acceptance of final payment by the Owner to the Contractor. Provided, however, this warranty shall be enforceable only if the installation is properly maintained and operated under normal conditions and in accordance with manufacturer's instructions. The Contractor shall repair or replace immediately any part of his work which proves defective during the warranty period except such items which are expected to be used up or consumed in service. The Contractor warranty shall be in addition to the Contractor and surety obligations under the Performance Bond. (b) Changes in sprinkler locations shall be made in the field due to the contour and tree locations. Due to these conditions, it shall be the Contractor's responsibility to achieve the basic coverage as outlined on the plan. This is not to mean any additional heads shall be required to be installed under this contract price, but if additional pipe or wire is required, due to these condi- tions, the Contractor shall install and furnish it at no additional cost to the Owner. Extra heads or deletion of head count as found on these plans shall be handled as unit price additions or deductions. (See Bid Form for Measured Sum Units.) (c) All agreements for alterations, changes,omissions from "extras" or additions to the work shall be made in writing and bear the Designer's written approval. (d) It shall be the contracting installer's responsibility to report to the Owner or the Designer of any deviations between mechanical drawings, speci- fications, and the site. Failure to do so, prior to the installing of equipment, resulting in replacing and relocating the equipment, shall be done at the Con- tractor's expense. (e) The Contractor warrants to the Owner, the Architect, the Construction Manager, and any person who now or hereafter owns the property involved that all materials and equipment furnished under this Contract and incorporated in the work will be new unless otherwise specified, and that all equipment, materials and work will be of good quality, free from faults and defects and in good conformance with the Contract Documents. All equipment, materials and work not so conforming to these requirements, includ- ing substitutions not properly approved and authorized, may be considered defective. If required by the Architect or the Construction Manager the Contractor shall furnish satisfactory evidence as to the kind or quality of materials and equipment. 3.15 SUPPLIER'S RESPONSIBILITY The Owner or the Contractor, (Purchaser, as the case may be) will be res- ponsible for the warranty and service of all equipment provided by them respectively after the installation thereof, and to the extent that they shall be respectively responsible as aforesaid, they will, at their own expense, cause the supplier to do and perform the following: Section II Page 4 1 1 1. Supplier will make periodic calls on the project during installation ' to see that the Contractor is following the manufacturer's recommended instal- lation procedures. 1 2. Supplier shall agree to local service and spend necessary time with maintenance to insure full understanding of operation and maintenance. 3.16 SUBSTITUTION OF MATERIALS (a) In the event the Contractor wishes to substitute a product that he believes to be an equal product to the product as specified in the Contract 1 Documents, and that in his opinion meets all the mechanical, material, and operational requirements of the products, as specified, he shall submit (along with the required shop drawings) a letter stating, (1) the qualifications of such product over the product as specified, and (2) his reasons for requesting the substitution in lieu of the product as specified, and (3) the credit the Contractor will offer to the Owner if such substitution be formally accepted as an equal to the product specified. 1 (b) It is to be noted that any Contractor submitting a formal bid on this work will submit his bid using only the materials as specified in the Bid Documents. Material substitutions will be considered only after the signing of the Contract. (c) Submittals must be made prior to signing of the contract. 1 3.17 MATERIALS ' (a) Unless otherwise stipulated, the Contractor shall provide and pay for all materials, labor, construction water, tools, equipment, temporary light, temporary power, transportation and other facilities necessary for the ' completion and execution of the work. Unless otherwise specified, all mater- ials incorporated in the permanent work shall be new and of good workmanship and good quality. The Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. 1 3.18 SUPERINTENDENCE ' (a) The Contractor shall, at all times when work is being done, have on the site as his agent a competent superintendent capable of interpreting the Plans and Specifications, and experienced in the type of work being performed, 1 who shall receive instructions from Don K. Burns and comply with them without delay. Such superintendent shall be furnished regardless of the amount of work sublet to Subcontractors. 1 (b) The superintendent shall not be replaced without written notice to the Owner's Representative. (c) Any employee of the Contractor of Subcontractor whose work is deemed by Don K. Burns sufficiently incompetent to jeopardize the work or safety of other employees or the public, shall be dismissed from the work upon written notice from Don K. Burns to the Contractor. 1 Section II Page 5 1 3.19 TESTING Contractor Responsibility: (a) Notify the Consultant three days in advance of testing. (b) Pipelines jointed with rubber gaskets or threaded connections may be subjected to a pressure test at any time after partial completion of back - fill. Pipelines jointed with solvent - welded PVC joints shall be allowed to cure at least 24 hours before testing. (c) Subsections of mainline pipe may be tested independently, subject to the approval of the Engineer. (d) Furnish clean, clear water, pumps, labor, fittings, and equipment necessary to conduct tests or retests. (e) Volumetric Leakage Test: 1. Cap risers for volumetric pressure tests. Back fill to prevent pipe from moving under pressure. Expose couplings and fittings. 2. Purge air from the pipeline before test. 3. Subject mainline pipe to the anticipated operating pressure of 150 PSI at tested section low points for two hours. Maintain constant pressure. The amount of additional water pumped in during the test shall not exceed 0.98 gallons per hour per 100 joints of four -inch diameter pipe and 1.45 gallons per hour per 100 joints of six -inch diameter pipe. Replace defective pipe, fitting, joint, valve, or appurtenance. Repeat the test until the Consultant approves the test results. 3.20 RULES AND REGULATIONS (a) Work and materials shall be in accordance with the latest edition of the National Electric Code, Uniform Plumbing Code as published by the Western Plumbing Officials Association, and other applicable state or local laws or regulations. Nothing in these Drawings or Specifications is to be construed to permit work which would not conform to these codes. 3.21 PLACING WORK IN SERVICE (a) If desired by Owner, portions of the work may be placed in service when completed and the Contractor shall provide proper access for this purpose. Such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction throughout the duration of this Contract and thereafter as provided under the guarantee. Section II Page 6 3.22 COORDINATION WITH OTHER CONTRACTORS (a) The Contractor shall coordinate his work with that of other Contrac- tors and public utility companies or their subcontractors in order to minimize any inconveniences, conflicts and delays. 3.23 TREE AND SHRUB PROTECTION (a) The Contractor shall exercise great care to protect and preserve all trees and existing groundcover within the vicinity of the work -site which are outside of the areas designated for clearing and /or grading and all trees within the clearing and grading areas designated to remain. The Contractor shall per- form the work without taking access through any tree cover to remain except for those locations established by Don K. Burns. The work includes the installation by Contractor of piping within areas where trees and ground cover is designated to remain. Such work shall be done in ways which minimize damages to such trees and groundcover. Section II Page 7 4. Delays caused by plant and equipment failure, when due to failure of the CONTRACTOR to provide and maintain the equipment in good mechanical condition or to provide for immediate emergency repairs; 5. Delays due to slow delivery of materials from the supplier or fabri- cator, when the material is available in warehouse stock or when delivery is delayed for reasons of priority, late ordering, finan- cial considerations, or other causes within the power of the CON- TRACTOR or his supplier to foresee and prevent; 6. Delays due to the CONTRACTOR'S failure to provide sufficient forces and equipment to maintain satisfactory progress and assure timely completion of the controlling items. d. The foregoing provisions shall govern, not only in the granting of time ex- tensions, but also as a means of defining the conditions which are considered be- yond the control and without the fault of negligency of the CONTRACTOR in the assess- ment of working day charges by the GOLF COURSE ARCHITECT. e. The granting of a time extension due to performance of Extra Work or in- creased quantities of work will be limited to a period of time which is proportional to the increased dollar volume of work, unless it can be shown that the added work was a controlling factor in the rate of progress or unless an extension of the Con- tract Time is otherwise allowed in the agreement authorizing the additional work, in which case the value of that work will be excluded from the considerations. f. When the Contract Time is established by a definite calendar completion date, extraordinary delays caused by inclement weather in excess of that which is normal for the locality and season of the year in which the work is being performed may be allowed as justification for granting a time extension, but only when it can be shown, within reasonable expectations, that the time lost could not be made up through acceleration of the remaining work. Failure to prosecute the work contin- uously and diligently for the full period of time allowed, and with sufficient for- ces and equipment to maintain satisfactory progress, may result in forfeiture of the CONTRACTOR'S right to time extension for abnormal weather conditions even though there may not have been any defense or remedy for later weather delays. g. When the Contract Time for completion is on a Working Day basis, delays caused by conditions beyond the control of the CONTRACTOR will have been taken into consideration in assessing working day charges to the extent that the effects on controlling operations were apparent at-the time of prosecuting the work. Hence, the granting of additional time for completion will be limited to circumstances not recognized and accounted for in the working day statements. h. Any time extension which may otherwise have been granted in accordance with the foregoing provisions may not be granted if the CONTRACTOR fails to make written application therefore prior to completion and acceptance of the work. .58 FAILURE TO COMPLETE THE WORK ON TINE /LIQUIDATED DAMAGES (See Item 17, page SC -4 of Special Conditions) a. Time being an essential element of the Contract, it is hereby agreed that GC -23 the OWNER will be entitled to damages for failure on the part of the CONTRACTOR to complete the work within the prescribed time. In view of the difficulty in snaking a precise determination of actual damages incurred, the CONTRACTOR will be assessed a daily charge in the amount stipulated, not as a penalty but as liquidated damages to compensate for the additional costs incurred as well as loss of revenues. b. In any suit involving assessment or recovery of liquidated damages, the reasonableness of daily charges shall be presumed and the amount assessed will be in to every other remedy now or hereinafter enforceable at law, in equity, by statute, or under the Contract. c. For each Calendar Day that any work remains uncompleted after expiration of the Contract Time as determined and extended in accordance with the provisions of Section 56, the CONTRACTOR will be assessed a daily charge in the amount shown in the Schedule of Deductions in the Special Conditions portion of the Specifications for the original amount of the Contract subject only to the waivers agreed to herein. d. The OWNER may waive all or any portion of the liquidated damage assessments accruing during periods of authorized winter suspension, provided the CONTRACTOR has fulfilled his obligations under the provisions of the Contract Documents. e. Permitting the CONTRACTOR to continue and finish the work or any part of it after the time fixed for its completion shall not in any way operate as a waiver on the part of the OWNER of any of his rights under the Contract. Neither by the act of taking over the work nor by annulment of the Contract shall the OWNER forfeit the right to recover liquidated damages from the CONTRACTOR or his Sureties. f. The OWNER has the right to pay all costs for consultation, observation, in- spection and staking, and all legal and administrative costs required beyond the completion date stated. The OWNER may deduct actual charges and reasonable admin- istrative expenses from payments due to the CONTRACTOR before final payment is made to the CONTRACTOR. .59 TESTING a. All tests required by these Specifications or Drawings or directed by the GOLF COURSE ARCHITECT shall be performed by a recognized, independent testing firm approved by the GOLF COURSE ARCHITECT. b. Adequate notice shall be given by the CONTRACTOR when sampling or testing is required and the CONTRACTOR shall cooperate fully in taking, storing and shipping all specimens. c. Fees and charges by the testing firm shall be paid by the CONTRACTOR. d. Reports shall be provided to the OWNER, the SUPERINTENDENT, the CONTRACTOR, and the GOLF COURSE ARCHITECT and all agencies required by law or these Specifications. .60 INSPECTION OF WORK a. Under the Contract Documents the CONTRACTOR has assumed the responsibility of furnishing all services, labor and materials for the entire work, in accordance GC -24 with such documents. No provisions of any of the above paragraphs relating to supervision, inspection or observation of the work by the OWNER, SUPERINTENDENT, OWNER'S REPRESENTATIVE, GOLF COURSE ARCHITECT or Engineers employed by the GOLF COURSE ARCHITECT shall in any way affect said responsibility and undertaking of the CONTRACTOR; nor shall the failure of any of the foregoing to discover or to bring to the attention of the CONTRACTOR the existence of any work or materials not in accordance with said Contract Documents in any way affect such obligation of the CONTRACTOR or the rights and remedies of the OWNER as set forth in said Contract Documents. .61 NOTICE OF READINESS FOR FINAL INSPECTION a. When the CONTRACTOR is ready for a final inspection, he shall give notice to the GOLF COURSE ARCHITECT with a copy to the OWNER in the following words: The work on the Contract for the (shown name of project as it appears on the Form of Contract), having been fully completed except as stipulated herein below, it is the request of the CONTRACTOR that final inspection be made promptly by the GOLF COURSE ARCHITECT. The following work is incomplete through no fault of the CON- TRACTOR: (list any work which the CONTRACTOR regards as exceptional under the Form of Contract). b. No final inspection shall be made until such time as the GOLF COURSE ARCHI- 1ECT has received a letter in the exact form indicated above and a copy thereof has been received by the OWNER. .62 CERTIFICATES a. The CONTRACTOR shall obtain certificates of approval, acceptance and com- pliance from all authorities having jurisdiction over the Work and shall deliver these certificates to the GOLF COURSE ARCHITECT. The Work shall not be deemed complete nor will final payment be made until such certificates have been delivered. .63 GUARANTEES a. The guarantees required by the General Conditions are hereby supplemented by the following: b. The CONTRACTOR shall deliver to the GOLF COURSE ARCHITECT, upon completion of all work under this Contract, and before final payment is made, his written guar- antee made out to the OWNER, in a form satisfactory to the GOLF COURSE ARCHITECT, guaranteeing all the work, materials, appliances, equipment, etc., provided under the Contract to be free from defective materials and /or faulty workmanship, and to be watertight and leakproof. In the guarantee, the CONTRACTOR shall agree to re- place or reexecute, in a manner satisfactory to the GOLF COURSE ARCHITECT, without cost to the OWNER or the GOLF COURSE ARCHITECT, such work as may be found to be defective or faulty, and pay for all damages due to such replacement, or reexecution. c. The CONTRACTOR'S overall guarantee shall cover a period of one (1) year from the date of Final Acceptance of the Work. GC -25 1 .64 OPERATING INSTRUCTIONS I a. Wiring diagrams, piping diagrams, installation instructions, parts lists and similar information shall be furnished for mechanical and electrical systems and all manufactured items and vendor's equipment. The CONTRACTOR shall be res- I ponsible for assembling this material and turning three (3) copies over to the OWNER at the completion of the Work. b. The CONTRACTOR shall furnish the services of a qualified supervisory per- I sonnel to start up the equipment which has been CONTRACTOR furnished and instruct the OWNER'S operating employees as to the procedures to be employed in starting up, operating, shutting down, lubricating, oiling, adjusting and maintaining all ' mechanical and electrical systems and items of equipment as covered more completely under "Irrigation" in these Specifications. OWNER- furnished equipment, if any, which is installed by the CONTRACTOR shall be started up by the OWNER. All neces- ' sary minor adjustments to this equipment shall be made by the OWNER. However, if the OWNER furnished equipment has been improperly installed or has been damaged during installation, the CONTRACTOR shall be responsible for performing the neces- sary tasks in order to furnish the OWNER operable equipment. 1 c. The CONTRACTOR is cautioned that the operating instructions called for in the above two (2) paragraphs are a specific requirement and that Contract work will I not be considered complete until the written and printed information is submitted in an acceptable form to the OWNER and until the OWNER'S operating employees have been properly instructed in the use and care of the systems and of the component parts of same. 1 1 1 1 1 1 1 1 1 ' GC -26 1. Item GC . paragraph .0 -- is within seven 2. Item GC . SUBCONTRACTOR, 3. Item GC . paragraph a. -- 4. Item GC . section. There SPECIAL CONDITIONS 13 of General Conditions -- CONTRACTOR'S WORK SCHEDULE, revise as follows: delete "Where the site of the work hundred -fifty feet of any dwelling" 17 of General Conditions paragraph c.6, 8 & 9 and 18 of General Conditions delete any reference to SC -1 -- RELATIONS OF CONTRACTOR AND d.1 -- delete reference to arbitration -- GOLF COURSE ARCHITECT'S STATUS, arbitration. 20 of General Conditions -- ARBITRATION -- delete entire is no arbitration provision in this Contract. 5. Item GC .24 of General Conditions -- CONTRACTOR'S LIABILITY INSURANCE -- add the following: INDEMNITY 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 Contract, the Contractor shall indemnity and save harmless the Owner and the Owner's agents and employees from all losses, damages, judge- ments, decrees', and expenses 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 allegedly caused, by any willful acts, negligence, nuisance, or breach of any term or condition of this Contract by the Contractor, his agents, servants, subcontractors, or employees. The Contractor shall furthermore indemnify and save harmless the owner and the Owner's agents and employees from all demands of subcontractors, 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 discription, including property of the Owner, which shall be damaged in the performance of this Contract by the Contractor, his agents, employees, subcontractors or their employees and subcontractors shall be restored to its condition prior to damage by the Contractor at the Contractor's expense. 6. Item GC .26a of General Conditions -- CONTINGENT LIABILITY INSURANCE -- add the following: 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 employees from and against any and all liabilities by reason of accidental injury, disease or death sustained by subcontractor's employees. The Contractor shall furnish the Owner with a certificate from the Industrial Accident Board evidencing the Contractor's and sub - contractor's compliance with said statute. 7. Item GC .26b of General Conditions -- GENERAL LIABILITY INSURANCE -- add the following: (a) Comprehensive General Liability Insurance. The Contractor 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 Comprehensive General Liability insurance policy, said policy and the issuing carrier approved by the Owner, which specifically insures the contractual liability of the Contractor assumed under Paragraph 6.01 above entitled "Contractor's Indemnity Provision ". The liability coverage under this policy shall cover Independent Contractors. Liability limits for the Comprehensive General Liability insurance coverage under this policy shall not be less than the following: Bodily Injury $ 500,000. each person $1,000,000 each accident Property Damage $ 300,000. each accident $ 500,000. each aggregate Public Liability and Property Damage to protect the Contractor, any of his sub - contractors and the Owner against claims arising from personal injury, including accidental death, as well as claims for property damage. The amount of liability is $300,000./$500,000. The amount of property damage is $1,000,000. per accident. (b) 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 completed and accepted by the Owner, and Owner's and Contrac- tor'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 Liability Insurance ". (c) Comprehensive Automobile Liability Insurance. The Contractor 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 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, whether they are owned, non - owned, or hired by the Contractor, in which shall specifically insure con- tractual liability of the Contractor assumed under the above Paragraph 6.01 entitled "Contractor's Indemnity Provision ". The liability limits for the Comprehensive Automobile Liability insurance coverage shall not be less than the following: Bodily Injury $500,000. each person $500,000. each accident Property Damage $500,000. each accident $500,000. each aggregate SC -2 8. Item GC .26c of General Conditions -- BUILDERS RISK - FIRE AND EXTENDED COVERAGE -- add the following: Builders Risk Insurance is necessary to cover loss of or damage to the building materials while the project is under construction. The Contractor shall supply to the Owner a Certificate of Insurance, on a form supplied by the insurance companies, prior to start of work. 9. Item GC .26d of General Conditions -- INSURANCE CERTIFICATES -- add the following: Insurance Certificate. In connection with the insurance coverage set out in section GC 26a (addition), GC 26b (addition), GC 26c (addition) and GC 26d (addition) above, the Contractor shall furnish the Owner with a certificate verifying said insurance. Said certificate shall state that the Owner shall be given 45 days advance written notice before any provisions of the policies are changed or in the event said policies shall be cancelled. This Certificate of Insurance shall be provided to the Owner prior to starting any construction work in connection with this Contract. 10. Item GC 41 of the General Conditions -- DELAYS AND EXTENSION OF TIME -- add the following: See Item 21, page SC - 4, of Special Conditions. 11. Item GC 43a of the General Conditions -- CORRECTION OF WORK AFTER FINAL PAYMENT -- delete any reference to arbitration. 12. Item GC 47a of the General Conditions -- THE CONTRACTOR'S RIGHT TO STOP WORK OR TERMINATE CONTRACT -- delete any references to arbitration. 13. Item GC 48 of the General Conditions -- APPLICATIONS FOR PAYMENT, paragraph a -- change five days to fifteen (15). 14. Item GC 50 of the General Conditions -- PAYMENTS WITHHELD, paragraph c amend as follows: On or before an agreed upon day of each month during the construction, the Contractor will submit to the GCA, an estimate showing the following amounts payable: -90% of the work completed or materials delivered /stored until 50% of the work required by the contract has been performed; -100% of the work completed or materials delivered /stored, after 50% of the work required by the contract has been performed. 15. Item GC 56 of the General Conditions -- DETERMINATION OF CONTRACT TIME These paragraphs do not apply to this contract because completion date is a definite calendar completion date. 16. Item GC 57 of the General Conditions -- EXTENSION OF CONTRACT TIME -- The completion date for this contract will be on the basis of a definite calendar completion date of May 15, 1990. Contractors should be aware of paragraph 57c on page GC20, and paragraph 57f on page GC21. SC -3 17. Item GC 58 of the General Conditions -- FAILURE TO COMPLETE THE WORK ON TIME /LIQUIDATED DAMAGES, paragraph c -- The amount of liquidated damages will be $1,000 per calendar day. Contractor shall delete reference to Section 56 and reference to Schedule of Deductions. 18. Item 59 of the General Conditions -- TESTING -- additional information: The Contractor shall be aware that geo- technical data is available from a group of test borings that have recently been completed. This information is available at the City of Round Rock for review by the Contractor. 19. Maintenance Bond -- The amount of the maintenance bond shall be 10% of the total contract price for construction items. 20. Performance Bond -- The party to whom the contract is awarded will be required forthwith to execute the contract and a performance and payment bond within ten (10) calendar days from the date of the written notice of award of the contract is delivered to the bidder at the address given by him. In case of a failure to do so, the owner may, at his option, consider that the bidder has abandoned the contract and the certified check or bid bond accompanying the proposal shall become the property of the owner. 21. No Damage for Delay Clause -- No payment, compensation or adjustment of any kind (other than the extensions of time provided for) shall be made to the contractor for damages because of hindrances or delays from any cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable, and the contractor agrees that he will make no claim for compensation, damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays said extension of time. 22. Allowance for Water Control /Crossings /Culverts a. The Contractor shall be aware that the allowance for concrete riprap spillways has been estimated to require the following general items in order to pass a 25 year storm: (1) Ponds #5, #6 and #12 - an 8" thick concrete riprap spillway with aprons and reinforcing steel, complete Allowance for all three spillways -- $27,000. b. The Contractor shall be aware that the allowance for low water /culvert crossings has been estimated to require the following general items in order to pass a 10 year storm: (1) Seven (7) crossings utilizing varying sizes of RCP, concrete headwall structures with riprap and reinforcing steel, concrete toewalls with reinforcing steel, concrete curb, compacted backfill, weep holes with filter media, concrete deck crossing with reinforcing steel, complete. (2) Four (4) crossings as described above except that the pipe will be much larger in size and length. Allowance for all eleven crossings -- $152,500. SC -4 c. The Contractor shall be aware that the allowance for golf cart /maint- enance equipment underpass crossings have been estimated to require the follow- ing general items: (1) Two (2) golf cart /maintenance equipment underpass crossings to in- clude 10 x 10 concrete box culverts at each road crossings, riprap, etc., complete. The culverts shall be designed to handle the high- way loading for the type of road expected. Allowance for the two crossings -- $55,000. '23. Clearing and Grubbing - The Contractor shall be aware that the clearing and grubbing is identified as removal of large trees (see crosshatched area on Clearing and Grubbing Plan CG -1) consisting of Oak, Elm Willow and dense group- ings of saplings and large Juniper. The other area of clearing and grubbing (see open outlined area on Clearing and Grubbing Plan CG - consists of small scattered Juniper and shrubs. SC -5 TECHNICAL SECTION CLEARING AND GRUBBING .01 SCOPE OF THE WORK The work covered by this Section of the Specifications consists of furnishing all materials, labor and equipment required for the clearing and grubbing of the golf course, including the removal, and satisfactory disposal of all trees, down timber, brush, projecting roots, stumps, lapwood, grasses, rubbish and all other objectionable material within the clearing lines indicated on the plans and /or within those areas designated by the Golf Course Architect (GCA), in strict accord- ance with this Section of the Specifications and the applicable drawings. .02 DEFINITIONS The following definitions shall apply to terms used in these Specifications, on the Drawings and in other Contract Documents: a. A "tree" shall be defined as any plant material having a single stem or trunk exceeding 2" diameter at a point 1' - 0" above the ground. Multi - trunked trees, such as Red Oak clumps, shall be considered as one tree. b. "Brush" shall be defined as any plant materials having stem or trunk less than 2" in diameter at a point 1' - 0" above the ground. c. "Clearing" shall mean removal of the trunk and branches at existing grade level or slightly above, without the stump. d. "Grubbing" shall mean the removal of stumps and roots where material has been previously cleared. e. "Removal" shall mean complete removal of the entire tree, stump, and all roots. f. "Debris" shall be defined as solid material which cannot be burned such as concrete, bricks, metal culvert, fencing, etc. g. "Trimming" shall be defined as the selective removal of portions of trees or brush as directed by the GCA. .03 AREA OF THE WORK Unless otherwise shown on the Drawings or directed by the GCA, clearing and grubbing operations shall be confined to the areas of excavation, filling, grading, or areas to be seeded. It is important that no areas be disturbed outside the clearing limits, thus these limits shall also be designated as the limits of work. All equipment traffic shall be maintained within these limits. .04 TYPES OF CLEARING a. The First phase, as shown on the plans and /or as directed by the GCA consists of clearing and grubbing fairways, fairway rough areas, greens, tees, and those areas where clearing is required by the grading operation. CGl b. The Second phase, as shown on the plans and /or as directed by the GCA shall consist of selective clearing and grubbing in the work areas within a thirty (30) foot strip around all the fairways, tees, and greens, and /or to the golf course boundary lines as indicated on the plans or as directed by the GCA. c. In the rough areas where the existing turf is deemed acceptable, the clear- ing work shall be accomplished by a bushhog or similar equipment that will disturb the natural grasses in those areas as little as possible. .05 TREES AND SHRUBS TO BE SAVED a. The GCA shall note trees within the construction area which are to be retained. The Contractor shall adequately protect these trees during the construction work. b. Trimming will be required, under the direction of the GCA, for all trees to be saved in the work area to the extent required to permit clean and workmanlike finish grading, seeding or sodding operation under and around trees. Large, broken, or hanging dead limbs need not be removed if they do not interfere directly with the work. Trimming for maintenance or shaping will NOT be required. .06 PROTECTION OF TREES a. Before commencing any work under this Contract, the Contractor shall arrange for an on -site meeting with the GCA for the purpose of establishing specific trees and plants to be saved and review with the GCA all clearing and grubbing work. b. Trees or plants to remain shall not be injured or defaced. Do not damage roots of trees to remain. c. When excavating within the branch spread of trees scheduled to remain, do so in a manner which will cause MINIMUM damage to root systems. Prune the injured roots cleanly and backfill as soon as possible. Do not leave surface roots exposed. d. Do not cut any root over two (2) inches in diameter. If excavation is neces- sary within 1/3 diameter of the branch spread of trees schedule to remain, the Con- tractor shall contact the GCA before proceeding. e. Do not use trees which are to remain for any purpose such as crane stays, 4uv .r n� hrr r'., r•I f. Repair of Damaged Trees - Contractor Responsibility When any injuries to trees occur, all rough edges or scarred areas shall be first made reasonably smooth in accordance with generally accepted horticultural practice, and the scars then thoroughly covered with an asphaltum base tree paint. This operation shall be carried out immediately after damage occurs. Any such plants that are damaged by any construction operations to such an extent as to destroy their value for shade or landscape purposes, shall be cut out and disposed of by the Contractor, without compensation, when so directed by the GCA, regardless of whether or not such cutting and disposal shall be done as part of ordinary clear- ing operations. The Contractor shall be penalized $1,000 for each tree so removed. The responsibility for the removal of trees by the Contractor shall end upon final acceptance of the golf course by the Owner, unless otherwise directed by the GCA. CG2 1 I g. Protection from Harmful Substances No paint, oil, volatile materials, or any substance that might cause damage to trees shall be spilled or buried in the vicinity of trees. 1 .07 METHOD FOR CLEARING AND GRUBBING ' a: Prior to clearing any designated area within the golf course, the Contractor shall ascertain the limits of the golf course so as not to remove any trees that may be located in the adjacent property. This responsibility shall rest solely with the II his and any damage caused by him as a result of such negligence shall be at his own risk. The Contractor must confine the operation of this equipment to within the golf course limits, easements and approved haul roads. Any damage occurring out- side these areas shall be repaired at the Contractor's expense. 1 b. Upon approval of the Owner and possession of necessary permit from appropriate governmental departments, the Contractor may burn trees, brush, and other materials ' on the site. The Contractor must provide adequate maintenance of the fire to insure reasonable combustion and sufficient supervision to keep the fire under control at all times. c. The areas designated shall be cleared and grubbed of all trees, stumps, roots, bushes, vines, hedgerows and other obstructions. All unsound or decayed stumps shall be removed to a depth of two (2) feet below the original ground. 1 d. All roots, stumps, logs, and other perishable material shall be removed from the site and shall be buried. If burning is permissible by permit, the material 1 shall be burned in small piles within the areas cleared and grubbed and in such a manner as not to injure adjacent areas which have not or will not be cleared. All operations require GCA approval and process direction. All burning when allowed, shall be under the constant care of a qualified operator, acting as watchman, and I 'coordinated with the area fire ranger and Owner's Field Representative as to when and where burning will be done. Protection of uncleared areas is of utmost importance in order to retain the undisturbed natural growth. 1 e. Stumps and debris which cannot be disposed of by burning (when allowed) may be buried or otherwise disposed of in areas approved by the GCA, but must not be buried II near the greens, tees of fairway bunkers or any place which will interfere with the installation of the irrigation system. All locations for buried materials must be obtained from the GCA. Where such materials are buried, the Contractor shall strip, stockpile and respread any topsoil present on the burying area. 1 f. Existing trees in any area of more than seven feet (7') fill on the site ex- cept under a building or other structure including sewers and paving of any kind, I may be cleared by cutting at a point no more than 1' - 0" above existing grade, leaving the stumps in place. I g. Existing trees in any area of the site to be filled less than seven feet (7') or under a building or other structure including sewer and paving of any kind, must be completely removed including roots. 1 h. Debris may be buried in the work area with approval of the GCA, except under building or structures including sewers and paving of any kind, where the finish grade elevation will be more than seven feet (7') above the debris upon completion ' CG3 1 1 of the work outside of the work area as directed by the GCA or as noted on the Drawings. i. All brush shall be completely removed, including roots, and chipped in II areas of the rough or may be buried under fill upon specific approval and under the direction of the GCA. ' j. Fences, power lines, hedgerows, structures and other obstructions shall be removed as directed by the GCA and the cost of such work shall be included in the prices bid for Site Preparation. All brush, logs, stumps, and debris shall be burned or otherwise disposed of in an approved manner. ' k. Branches from trees may be trimmed and chipped into areas of the rough upon approval of the GCA. 1. Precautions shall be taken by the Contractor to prevent limb, bark, or root injuries to remaining plant material by blasting, falling trees, or by operation of requipment. II m. Trees that have fallen previously and which are located within the area of clearing and grubbing shall be removed in the same manner as those standing. 1 n. During the clearing, grubbing and stump removal operation, topsoil shall be protected at all times. ' o.• Upon completion of the First Phase Clearing, the GCA shall inspect and mark the Second Phase Clearing to produce an irregular line of vegetation, saving impor- I tant trees and following the dictates of the topography and good design. The final width of clearing shall generally follow the clearing line as shown around the fair- ways as indicated on the plans, however, the GCA may adjust this final line in order to produce the most pleasing line of trees to compliment the layout of the II golf holes. P. When trees of exceptional aesthetic quality, form, soundness, and /or value I are located within the cleared areas, the GCA shall inspect the trees and determine whether or not they shall be preserved and protected. At any time during construc- tion the GCA may designate certain trees to be removed or to be retained. 1 1 1 CG4 TECHNICAL SECTION EARTHWORK .01 SCOPE The work under this Section of the Specifications consists of furnishing all labor, materials, and equipment to strip, excavate, place, compact, spread, mix, and finish grade according to the Drawings, Specifications and directions of the GOLF COURSE ARCHITECT (GCA) and SUPERINTENDENT. .02 SITE GRADING a. The Contractor shall be required to do all grading necessary to complete all items of golf course construction as indicated on the Plans and included in the Specifications. b. The Contractor will be required to strip all clean and useful soil in the upper 6 to 8" of the existing grade (so called "top- soil "), from all areas of fill and excavation on the golf course. The stripped "topsoil" shall be stockpiled adjacent to the stripped areas so that it does not interfere with the progress of the work. In no case shall "top- soil" be stockpiled on any native grass rough area that is intended to be preserved. There are certain areas that require better quality surface material, particularly tee surfaces and green slopes. The GCA may require the Contractor to place "topsoil" in these areas from satisfactory sources. The Contractor shall schedule the earthwork so as to place "topsoil" over the course in areas where "topsoil" may not be present or where it is not stripped in a one step method. Where "topsoil" is required, it shall be spread and graded over such areas to a minimum depth of six (6) inches. Should conditions require other procedures, the GCA will adjust the procedure accordingly. These provisions apply to all areas of the golf course, including tees, greens, bunkers and mounds, swales, etc., and where reference is made to "topsoil" stripping and /or replacing elsewhere in these specifications, the methods set forth in this Paragraph shall be deemed applicable and shall take precedence. c. The Contractor shall utilize rock -free "topsoil" for spreading over all disturbed areas. Surface rock shall be removed by Contractor as directed by the GCA. d. Sub -cuts will be required in areas where suitable materials are found to greater depths until sufficient "topsoil" has been stockpiled for use on the site. e. Quality of the materials will be determined by the GCA and Superintendent on the site as the work progresses. Silty or peaty soils which of themselves are not acceptable will be excavated and used as fill materials. f. Earthwork quantities indicated on the Drawings or in the Proposal Form are estimates only. The Contractor will be required to stockpile sufficient material to cover all disturbed areas to required topsoil depth. If the Contractor fails to stockpile sufficient "topsoil ", or if "topsoil" has been buried or wasted, then the Contractor shall, at his own expense, provide the balance of the "topsoil" re- quired to properly complete the project from designated borrow areas on the prop- erty or from offsite sources. El g. Whenever it appears that loose topsoil materials caused by discing will cause excessive settlement during or after seeding operations, the loose topsoil shall be recompacted before seeding takes place. Areas of topsoil which have been over - compacted shall be loosened and broken up to the satisfaction of the GCA. h. Rocks, roots, and debris in the "topsoil" layer must be removed as they are worked up by each succeeding operation. Unless otherwise stated on the Drawings or these Specifications, the topsoil cover shall be considered to be six inches (6 ") in depth. Removal of rocks smaller than 1" nominal diameter will not be required. The actual volume of rock between 3/8" and 1" shall not exceed 10% in the "topsoil" depth. Rocks shall be disposed of as indicated on the Drawings or as directed by the GCA. i. Fill shall be obtained from ponds and other areas requiring excavation on the golf course as indicated on the plans and /or as otherwise designated by the GCA Fill material to be used in construction of greens, tees, and fairway bunkers shall be suitable so that it can easily be shaped to golf course features and will settle uniformly. Material containing peat, muck or extensive organic matter will not be allowed as fill in these specialized areas. j. Where fill material is obtained from borrow areas, such areas shall be graded to provide complete surface drainage and to blend with the surrounding con- tours to the satisfaction of the GCA. k. In the event that surplus material is developed from the borrow areas, such material shall be placed in the surrounding areas as directed by the GCA. 1. Fill for greens, tees, and fairway bunkers shall be shown on plans, graded and shaped. All fill material used be clean and free of organic matter and large rock so that and will settle uniformly. m. In all grading, including all cuts and fills, it is soil as clear of debris as possible. This is particularly in tee and green construction. The GCA reserves the right grades of tee and green locations to meet field conditions character of the golf course. n. All slopes around tees, greens, bunkers and mounds shall not be greater than 3:1 unless otherwise shown or directed by the GCA. Cut and Fill slopes in fairways roughs, and non -use areas shall not exceed 3:1 unless otherwise directed by the GCA. It is necessary to keep all slopes to a gentle grade so that construction will har- monize with the surrounding terrain. The man -made grades should taper into the natural grades and should be gentle and should blend with the existing grade in as natural a way as possible. Particular attention shall be given the cut and /or fill slopes in this regard. o. The Contractor shall take all necessary precautions to prevent any damage to existing trees, foliage, plant materials and property of the Owner outside the area of work under this section. .03 SUBGRADES E2 placed at the location in these features shall it can be easily shaped necessary to keep the true of the soil used to adjust any proposed or to enhance the a. Subgrades indicated on the Drawings or required elsewhere in these Specifica- tinn., shall be uniform and true to finish grade, shape, and slope. • .04 PLAN GRADES a. All grades are shown as finish grade unless specifically noted. Grades at points between spot elevations or contours are to be determined by uniform slopes between given grades or elevations or between such given figures and exist- ing grades. .05 FINISH GRADING a. Site grading for greens and tees shall be finished in a workmanlike manner true to grade and cross section within 0.1' of finish grade shown on the Plans. Areas of the fairway and disturbed roughs shall be finished to seed bed condition within 0.1' of finished grade shown on the Plans. All areas that have been com- pacted by trucks, heavy equipment, or other vehicles or by storage of materials shall be plowed, disced, and dragged to match the texture of remaining finish grad- ed areas. .06 CONSTRUCTION METHODS a. Construction equipment shall not be operated within the drip line of trees, unless indicated. Construction materials shall not be stockpiled under the canopies of trees. No excavation or embankment shall be placed within the drip line of trees unless and until tree wells are constructed. .07 COMPACTION OF FILL a. All embankments of more than two (2) feet shall require mechanical compac- tion in lifts not exceeding one (1) foot each. Slopes receiving fill material shall be suitably Scarified in order to permit the new fill to effect a bond. Clay, heavy loams, or very fine sandy loam soils shall be allowed to dry sufficiently be- fore placing in a fill area. b. Compaction under paving, sewers, or watermains shall be accomplished in lifts not exceeding six (6) inches in depth (loose) except where fill materials are granular and vibrating equipment is used, the entire embankment may be placed in one (1) foot lifts. c. Embankments shall not be constructed during periods when the soil freezes while being placed and compacted, nor shall any embankment material be placed on soil that is frozen to a depth greater than four (4) inches. Frozen soil shall not be placed in embankments. d. Compaction by normal earthmoving equipment is usually sufficient as long as lifts do not exceed the above. Should the Golf Course Architect determine that compaction is not proper, either the Specified or Ordinary compaction method shall be required as described below. .08 SPECIFIED COMPACTION METHOD a. Embankments under pavement, sewers and watermains shall be compacted to a 95% maximum density at not less than 90% nor more than 110% of optimum moisture content, unless otherwise specified. h. Maximum density shall be determined in accordance with SDHPT Test Method Tex -114 -E at optimum moisture content or within minus 3 percent of the optimum moisture content. Care shall be taken to avoid overcompacting high P1 expansive clays. E3 .09 ORDINARY COMPACTION METHOD a. Compaction shall be obtained with a tamping roller, with an approved type of vibratory compactor, or with approved hand - tamping methods. b. The tamping roller shall be capable of providing at least 200 psi on each tamping foot. c. Each layer of soil shall be compacted until there is no evidence of further consolidation. .10 EARTH EMBANKMENTS a. Earth embankments shall be defined as embankments composed of soil material other than rock and shall be comstructed of acceptable material from approved sources. b. Except as otherwise indicated, earth embankments shall be constructed in successive six (6) inch layers, loose measure, for the full width of the individual cross section and in such length as are best suited to the sprinkling and compaction methods utilized. c. Minor quantities of rocks not larger than four (4) inches, encountered in constructing earth embankment may be incorporated in the earth embankment layers, provided such placement of rock is not immediately adjacent to structures or under greens, tees or traps. d. Each layer of embankment shall be uniform as to material, density and moisture content before beginning compaction. Where layers of unlike materials abut each other, each layer shall be feathered on a slope of 1:20 or the material shall be so mixed as to prevent abrupt changes in the soil. No material placed in the embankment by dumping in a pile or windrows shall be incorporated in a layer in that position, but all such piles or windrows shall be moved by blading or similar methods. Clods or lumps of material shall be broken and the embankment material mixed by blading, harrowing, discing or similar methods to the end that a uniform material density is secured in each layer. e. Water required for sprinkling to bring the material to the moisture content necessary for optimum compaction shall be evenly applied and it shall be the res- ponsibility of the Contractor to secure a uniform moisture content throughout the layer by such methods as may be necessary. f. All earth cuts, whether full width or partial width cuts in the side of a hill, which are not required to be excavated below subgrade elevation shall be scarified to a uniform depth of at least six (6) inches below grade and the material shall be mixed and reshaped by blading and then sprinkled and rolled in accordance with the requirements outlined above for earth embankments and to the same density as that required for the adjacent embankment. g. Compaction of embankments shall conform to subgrade preparation. Each layer of embankment requiring compaction shall be compacted to the required density by any method, type and size of equipment which will give the required compaction. Prior to and in conjunction with the rolling operation, each layer shall be brought to the moisture content necessary to obtain the required density and shall be kept leveled with suitable equipment to insure uniform compaction over the entire layer. E4 h. For each layer of earth embankment and select material, it is the intent of this specification to provide the density as required herein, unless otherwise indicated. Soils shall be sprinkled as required and compacted to the extent neces- sary to provide not less than 95 percent nor more than 105 percent of the density as determined in accordance with SDHPT Test Method Tex - 114 - E at optimum moisture content or within minus three (3) percent of the optimum moisture content. Care shall be taken to avoid overcompacting high P1 expensive clays. i. After each layer of earth embankment or select material is complete, tests as necessary will be made by the Engineer. If the material fails to meet the den- sity specified, the course shall be reqorked as necessary to obtain the specified compaction. .11 ROCK EMBANKMENTS a. Rock embankments shall be defined as those composed principally of rock and shall be constructed of accepted material from approved sources. Rock embank- ments shall not be placed immediately adjacent to structures or under greens, tees or traps. b. Except as otherwise indicated, rock embankments shall be constructed in successive layers for the full width of the cross section and of eighteen (18) inches or less in depth. When, in the opinion of the Engineer, the rock sizes necessitate a greater depth of layer than specified, the layer depth may be in- creased as necessary, but in no case shall the depth of layer exceed two and one half (22) feet. Each layer shall be constructed by starting at one end and dumping the rock on top of the layer being constructed then pushing the material ahead with a bulldozer in such a manner that the larger rock will be placed on the ground or preceding embankment layer and the interstices between the larger stones filled with small stones and spalls by the operation and from the placing of succeeding loads of material. c. The maximum dimension of any rock used in embankment shall be less than the depth of the embankment layer and in no case shall any rock over two (2) feet in its greatest dimension be placed in the embankment. All oversized rocks which are otherwise suitable for construction shall be broken to the required dimension and utilized in embankment construction where indicated, except that when preferred by the Contractor and acceptable to the Engineer, such rocks may be placed at othee points where the embankment layer is of greater depth, thus requiring less breakage. d. Each layer shall be compacted to the required density as outlined for "Earth Embankments ", above, except in those layers where rock will make density testing difficult, the Engineer may accept the layer by visual inspection or proof rolling. e. Unless otherwise indicated, the upper three (3) feet of the embankment shall contain no stones larger than four (4) inches in their greatest dimension and shall be composed of material so graded that the density and uniformity of the surface layer may be secured in accordance with SDHPT Test Method Tex - 114 -E. f. Exposed oversize materials shall be broken up or removed. .12 EMBANKMENTS AT CULVERTS AND BRIDGES a. Embankments adjacent to culverts and bridges which cannot be compacted by use of the blading and rolling equipment used in compacting the adjoining sections E5 of embankment shall be compacted in the manner prescribed under Structural Excava- tion and Backfill. b. Embankment placed around spill through type abutments shall be constructed in six (6) inch loose layers of uniform suitable material placed in such manner as to maintain approximately the same elevation on each side of the abutment and all materials shall be mixed, wetted and compacted as specified above. c. Embankment material placed adjacent any portion of any structure or above the top of any culvert or similar structure shall be free of any appreciable amount of gravel or stone particles and thoroughly compacted by mechanical compac- tion equipment. .13 DRAINAGE a. If necessary during the progress of the work to interrupt the natural sur- face drainage or flow of artificial drains, or irrigation ditches, the Contractor shall provide adequate temporary drainage facilities that will prevent erosion damage or unnecessary delay in the work and shall restore original drainage or con- struct proposed drainage structures as soon as conditions will permit. The Con- tractor shall provide and maintain adequate drainage away from any building area during the construction period. .14 REMOVAL OF UNSTABLE SOILS a. Where excavation to proper subgrade exposes unstable soil, the Contractor shall remove the unstable materials and replace with satisfactory materials as directed by the Golf Course Architect or Engineer. b. Soil, sod, weeds, or other material encountered above the subgrade eleva- tion which cannot be properly compacted may be designated as unstable material by the Golf Course Architect or Engineer. .15 PROSECUTION AND CLEANUP a. • The Contractor shall be aware of any comply with work priorities outlined in these Specifications and other adjustment in work schedule as may be required to properly coordinate the construction work with other contractors or the Owner's requirements. b. The grading Contractor shall leave the site in an orderly condition free of all debris so that seeding, sprigging and /or sodding operations may proceed immedia- tely. All areas outside the Contract limits which have been disturbed shall be re- stored to the original condition at the expense of the Contractor and to the satis- faction of the Golf Course Architect. .16 MEASUREMENT a. The Contractor shall provide for an approved registered surveyor, acceptable to the Owner and hired by the Contractor, to provide measured in place fill and the volume computed in cubic yards by the method of average end areas. No allowance will be made for shrinkage. E6 .17 PAYMENT a. Excavation, placing and Embankment, when included in the contract as a separate pay item, shall be paid for at the contract unit price bid for "Excavation and Placing (to include Embankment), which price shall be full compensation for all work herein specified, including the furnishing of all materials, compacting, equipment, tools, labor, water for sprinkling, proof rolling and incidentals nec- essary to complete the work. E7 TECHNICAL SECTION GOLF COURSE DETAILS .01 SCOPE These specifications outline minimum requirements for materials, construction methods and workmanship necessary for the construction of golf courses. .02 MATERIALS a. Sand and gravel for golf course construction shall be washed and shall conform to the following gradation: Total % Passing Gravel Pea Course Green Mix Trap Sieve Size Backfill Gravel Sand Sand Sand 1 inch 100 3/4 inch 90 - 100 1/2 inch 50 - 90 100 3/8 inch 20 - 55 85 - 100 No. 4 1 - 10 0 - 10 No. 8 0- 5 0 - 5 No. 10 100 100 No. 16 100 95 - 100 95 - 100 No. 30 10 - 80 70 - 95 70 - 95 No . 60 1 - 10 0 - 2 0 - 2 b. Topsoil shall be natural, friable, fertile soil possessing characteristics of good native topsoil materials which produce a vigorous growth of vegetation in the vicinity of the work site. Topsoil shall be free from turf, weeds, roots, rocks or stones larger than 1" in diameter, lime, cement, ashes or other deleter- ious matter. The volume of rock between 3/8" and 1" shall not exceed 10% in the topsoil layer. c. Canadian Sphagnum Peat or Reed Sedge Peat shall be used for organic matter and shall be uniform in texture and quality throughout the construction work. Contractor shall guarantee that all of the required peat will be obtained from one uniform source. The Peat shall contain a minimum of 85% organic matter. d. Trap sand shall be white or light tan in color with a minimum of 75% in the 0.25 to 0.50 mm range. .03 FAIRWAY CONSTRUCTION a. The Grading Plan shows finish grade contours for the entire site. The Contractor shall schedule his work so that large areas are finished and ready for installation of irrigation systems and for seeding as soon as possible. GD1 b. Uniformity of compaction is essential. The Contractor shall place fill in uniform layers of dry and stable material up to the maximum capacity of his equip- ment to spread and compact the material uniformly without excessive bridging. c. The Contractor will be allowed to adjust elevations in order to make cuts and fills balance for the total site. Adjustments to reduce haul from one part of the site to another will not be permitted. All adjustments must be approved in advance and in writing by the GOLF COURSE ARCHITECT and must provide proper vision for sight distance, organically flowing and blended with the existing grade. d. All grading shall be finished with smooth, rounded slopes basically follow- ing the curved contour lines shown on the plans. The Contractor shall particul- arly avoid creating angular ditches and backslopes which produce a "highway" or "drainage ditch" appearance. e. Upon completion of the grading operation and the application of topsoil to the specified depths all areas to be planted shall be thoroughly tilled with a tractor -drawn rototiller or other approved implement until all lumps and clods of soil have been broken down and the seedbed left in a pulverized condition. All debris, roots, trash, clumps of sod, rocks, etc., shall be removed from the soil, to the satisfaction of the GOLF COURSE ARCHITECT, in order to make a clean seed- bed for seeding. f. All areas to be planted shall be smoothed to provide complete surface drain- age free from water holding depressions or pockets. Undulations in grade that will not permit proper operation of mowing equipment shall be corrected for the effec- tive use of such equipment. .04 TEE CONSTRUCTION a. The locations, shapes, and sizes of all tees as shown on the drawings, are drawn for the purpose of providing the Contractor with an indication of the loca- tion and character of these proposed items. b. The best quality topsoil of the material stripped shall be stockpiled and used specifically for tee construction. No rock larger than one -half inch (1/2 ") shall be allowed in topsoil for tees. c. Where fill material has been stockpiled at tee sites, it shall be of suffi- cient quantity to permit shaping of the tee to be built for that site. Should the GOLF COURSE ARCHITECT determine that additional fill is necessary, it will be taken from existing borrow areas without increasing the quantities or costs by the Con- tractor. d. Tees shall be shaped so that their lines and slopes will blend with the nat- ural surrounding contours harmoniously. In order to develop the finest possible tees, the GOLF COURSE ARCHITECT reserves the right to alter the construction of any tee when, in his opinion, such alteration is necessary to improve the design of these features without increasing the quantities or costs by the Contractor. e. Embankments for tees shall be uniformly compacted to prevent uneven settle- ment. f. Finished elevation of the tee may vary slightly from plan elevations but thc• playing surface shall be dragged and carefully hand raked to perfectly flat surfaces which blend smoothly with transition slopes. GD2 g. All tees shall be graded to provide a smooth, level surface, free from depressions or pockets, and pitched slightly (no more than one (1) percent (see drawings) from front to rear, from rear to front, or from right side to left side), to provide surfaced drainage. All tee slopes shall be graded to blend smoothly with the surrounding contours and to permit mowing by fairway gang mowers unless otherwise directed by the GOLF COURSE ARCHITECT. After tees have been graded in this manner, the topsoil shall be replaced over all slopes and surfaces to a depth of six (6) inches as hereinbefore specified. .05 SAND TRAP CONSTRUCTION a. The locations, shapes, and sizes of all sand traps and bunkers, as shown on the drawings, are drawn for the purpose of providing the Contractor with an indication of the location and character of these proposed items. b. Where fill material has been stockpiled at sand trap and bunder sites, it shall be of sufficient quantity to permit shaping of the bunker to be built for that site. Should the GOLF COURSE ARCHITECT determine that additional fill is necessary, it will be taken from existing borrow areas without increasing the quantities by the Contractor. c. Sand traps and bunkers shall be shaped so that their lines and slopes will blend with the natural surrounding contours harmoniously. In order to develop the finest possible sand traps and bunkers,•the GOLF COURSE ARCHITECT reserves the right to alter the construction of any sand trap or bunker when, in his opin- ion, such alteration is necessary to improve the design of these features with- out increasing cost to the Owner. d. The sand traps and bunkers shall be shaped to the sizes and shapes shown on the plans and /or as otherwise laid out in the field by the GOLF COURSE ARCHITECT. They shall be cut with the bottoms being concave so all surface drainage runs away from the edges of the trap or bunker. Care shall be taken to not make the sand traps too steep to hold sand therein. The Contractor shall be careful to preserve the natural - looking lines on the sand traps and grass bunkers as shown on the plans or as directed by the GOLF COURSE ARCHITECT. The artistic and aesthetic handling of the shaping of the mounds, noses, and outlines of all sand traps and bunkers shall be a prerogative of the GOLF COURSE ARCHITECT. It is to be expected that most of this work will be accomplished by machine and then hand - worked as direct- ed by the GOLF COURSE ARCHITECT. Each sand trap will contain drain tile lines of four (4) inch perforated plastic pipe or its equivalent. This pipe shall be placed in a ditch a minimum of eight (8) inches wide and eight (8) inches deep. This ditch shall be located so that all areas of the sand trap or bunker slope toward it. A leveling layer of drain tile bedding material of three - eights (3/8) inch to one - half (1 /2)inch diameter minimum particle size shall be placed on the bottom of the ditch. The tile lines shall then be installed in this base with a minimum fall of one.(1) percent. The upper end of the tile should be covered or capped. The ditch shall then be filled to grade with the same gravel. These tile lines shall each connect to a sump located outside of the trap or continue to a point at which they may be daylighted. A sump shall consist of a hole five (5) feet by five (5) feet (see detail), filled with washed gravel three - eights (3/8) to two (2) inches in diameter particle size. Carry -off lines shall be directed to daylight. When tile is daylighted, the last six (6) feet of the line shall be galvanized c.m.p. or steel well casing of sufficient interior dimension to allow the corrugated plastic pipe to fit inside. The end of the pipe shall be cut at the end (minimum 2:1) to blend with tlic• , ,lope of the ground and all outlets shall he protected by expdnded metd1 spot 003 welded to the pipe end (use 1/2" x 13 gauge flattened expanded metal), and if necessary, a swale to permit proper discharge. It is not necessary for the carry - off lines to have the gravel base or to be backfilled with gravel if non- perfor- ated plastic pipe or drainage tubing is used. These lines may be laid directly in the ditch bottom and backfilled with excavated material but they must maintain the desired slope to the point of discharge. e. Immediately prior to the placing of sand in the sand traps, a nine (9) inch vertical lip shall be cut around the edge of the trap. The outline of all the sand traps shall be approved or located by the GOLF COURSE ARCHITECT. At the same time the edging work is being done, the bottom of the sand traps shall be cleaned of all grass, debris and excess material from the trench excavation and trap edg- ing, and the bottoms shaped so that all areas drain to the tile lines. f. After the subgrade has been approved, the Contractor shall carefully dump the required amount of specified sand in the sand trap. Spreading of the sand shall not be required immediately, but shall be done by the Contractor after the surrounding area has germinated and the possibility of soil washing or blowing into the trap is virtually eliminated. g. Sand for use in the traps shall be clean, hard grains of pure sand, as white as possible, free from gravel and containing a majority of particles from lmm to .25mm diameter particle size. The grade and quality of the sand shall be approved by the GOLF COURSE ARCHITECT prior to purchase. The Contractor shall provide a sand sieve analysis for the trap sand to be used. The results shall also indicate the following: a) Degrees dry slump; b) Degrees damp slump; c) Percent buried at dry angle; d) Percent buried at damp angle; e) Percent buried (flat and dry). .06 GREEN CONSTRUCTION a. The grading for the greens is drawn for the purpose of providing the Con- tractor with an indication of the sizes, shapes, and character of the proposed grading of the greens. The plans are to be used as a detailed guide but will be supplemented by the GOLF COURSE ARCHITECT through field direction. Mounds and green surface drainage shall be as indicated on the plans and /or as directed by the GOLF COURSE ARCHITECT to determine whether changes should be made. b. Refer to TECHNICAL SECTION - EARTHWORK outlining topsoil requirements and fill material for greens. c. Where fill material has been stockpiled at green sites, it shall be of suf- ficient quantity to permit shaping of the green to be built for that site. Should the GOLF COURSE ARCHITECT determine that additional fill is necessary, it will be taken from existing borrow areas by the Contractor. Rough grading of fill material shall be shaped into natural appearing mounds and swales without looking artificial. The GOLF COURSE ARCHITECT shall inspect all rough grading of the greens and approval will be given before final shaping begins. e. All greens must be staked at intervals not to exceed 20 feet around the per- imeter of the green, and at all spot elevations shown on the plan. Interior green stakes must be placed at all breaks in grade. G04 e. Greens shall be shaped so that their lines and slopes will blend with the natural surrounding contours harmoniously. The mounds and swales shall be shaped into smooth, curving lines as shown on the plans and /or as directed by the GOLF COURSE ARCHITECT. The rolls and slopes of the surrounding mounds shall blend smoothly into and onto the putting surfaces of the greens. Molding of the greens shall be done with a tractor, no larger than a Caterpillar D -6. Since this work is critical, it must be done very carefully. It is not the type of operation in which a full blade can be utilized effectively. After the green shapes have been "roughed in" in this manner, a small farm -type tractor, such as a Ford, together with an earthcavator or other suitable attachment shall be used to bring the sur- faces of all molded features into a smooth, uniform grade. Uhere, in the GOLF COURSE ARCHITECT'S opinion the sixe, shape, or slopes of the mounds and /or putt- ing surfaces of the greens require altering slightly in order to improve the de- sign or appearance, such alteration shall be done by the Contractor, to the satis- faction of the GOLF COURSE ARCHITECT, at no extra cost. f. Embankments for greens shall be uniformly compacted to prevent uneven settle- ment. g. Subgrades shall be rough graded before interior stakes are set. All stakes must be in place before the GOLF COURSE ARCHITECT and SUPERINTENDENT will approve the subgrades of subsequent base materials. The subgrade must be properly sloped to drain into the underdrain pipe system. The green subgrade shall be cut out of the rough shaped greens. The contours of the subgrade should conform to those of the proposed finish grade with a tolerance of plus or minus one (1) inch. The subgrade should be constructed at an elevation of sixteen (16) inches below the proposed finished grade. The subgrade should be com- pacted sufficiently to prevent future settling which might create water holding depressions on the putting surfaces. It will be noted that layers of material above the subgrade consist of four (4) inches of gravel and twelve (12) inches of greensmis. After settling, the total depth will be sixteen (16) inches. The Con- tractor must plan his quantities to take into account the compaction of materials to result in the above thickness. Aprons and collars around the completed base materials shall be carefully and ac- curately placed according to plan shape and grade. After the green subgrades and the surrounding slopes have been molded, shaped and compacted, they will be fine graded prior to the installation of the drain lines. No approval for tiling will be given by the GOLF COURSE ARCHITECT until the green and its subgrade have been compacted and fine graded to a point of removing all clods, rocks and chunks of material greater than one (1) inch in diameter. Some hand raking may be necessary to achieve this condition. Upon approval of this work by the GOLF COURSE ARCHITECT, drain tile lines shall be installed as directed. Ditches, a minimum of eight (8) inches wide and eight (8) inches deep, shall be cut.into the subgrade of the green. The ditch bottoms shall be cleaned and smooth- ed to uniform grade and all loose materials shall be removed from the ditch bottoms. All suitable material excavated from these ditches shall be removed from the greens' subsurface and spread uniformly over the backslope of the green. Some hand work may be necessary to accomplish this work. No lips shall be left on the trenches that would prevent water movement into the ditches. A leveling layer of drain tile bedding material of three - eights (3/8) to one -half (1/2) inch diameter minimum part - cle size shall be placed in the bottom of the ditch. The drain tile shall then be GD5 J installed on this gravel base so that the tile lines have a minimum fall of one (1) percent. Drainage tile shall be slotted corrugated plastic pipe. The upper ends of all main drain tile shall be equipped with a tee joint or elbow to the surface grade. This joint will be capped at its openings at the time of installation. This arrangement will enable the drain line to be flushed in the event of its becoming clogged. The ditches shall be filled to the level of the sub -grade with the same gravel. Carry -off lines shall be from the edge of the green putting surfaces to a suitable discharge area and all outlets shall be protected by expanded metal which should be spot welded to the pipe end (use 1/2" x 13 gauge flattened expanded metal) and, if necessary, a swale to permit proper discharge. It is not necessary for the carry -off lines to have the gravel base or to be backfilled with gravel if non -per- forated plastic pipe or drainage tubing is used. These lines may be laid directly in the ditch bottom and backfilled with excavated material, but they must maintain the desired slope to the point of discharge. The last six (6) feet of the carry - off line shall be galvanized c.m.p. or steel well casing of sufficient interior dimension to allow the corrugated plastic pipe to fit inside. The end of the pipe shall be cut at the end (minimum 2:1) to blend with the slope of the ground and all outlets shall be protected by expanded metal as described above to prevent animal entry. Base material shall be furnished and placed as shown on the Drawings in uniform depth so that the finish grade shape of the green is again followed accurately. The entire putting surface subgrade shall be covered with a layer of washed pea gravel (see particle size specification under paragraph .02a MATERIALS, this Sec- tion) to a minimum thickness of four (4) inches. The Contractor shall be careful to follow the contour of the subgrade while laying the gravel, in order not to change the design of the feature. Grade stakes shall be positioned on both sides of the tile lines in order to maintain the desired contours and to serve as a guide for equipment operators in keeping heavy equipment from crushing tile lines. Appro- priate marks on the stakes will indicate correct gravel depths, thereby insuring greater accuracy. In accomplishing the work of laying the drain tile and the gravel layer, care should be taken to schedule the operations so that the ditches can be cut, tile installed and the four (4) inch gravel layer put on during the same working day so that no ditches, or Qartially covered tile lines remain open to the elements. All work shall be done In a neat and orderly manner. h. Greensoil shall consist of sand and Canadian Sphagnum or Reed Sedge Peat thoroughly mixed in the proportions determined by soil testing to establish the proper mix composition. i. • After all drain tile and gravel is in place, a layer of topsoil mixture shall be installed immediately on top of the gravel base to a minimum compacted depth of twelve (12) inches. The topsoil mixture shall have a minimum percolation of ten to fifteen (10 -15) inches per hour after compaction in the standard USGA test. The material composition making up this topsoil mixture will be based on a physical laboratory analysis, performed by an approved soil testing laboratory and paid for by the Contractor. Their recommendation for proportions of material to be used must be adhered to. The Contractor will supply the results of this analysis to the GOLF COURSE ARCHITECT and each ingredient must be checked in the field prior to mixing. The materials will then be mixed off the green in a central location and the final mix must be submitted to the testing laboratory for a second recom- mendai un of the testing laboratory, it shall be further modified and tested before GD6 placement on the greens. Approval of the greensmix by the GOLF COURSE ARCHITECT does not relieve the Contractor of the responsibility of maintaining a mixture of the proper blend (see paragraph "o" below). All required ingredients must be thor- oughly mixed and blended at a central location then hauled to the greens and dump- ed on the gravel surfaces. The mixture must be free and clean of all roots, sticks, stones and /or other objectionable material to the satisfaction of the GOLF COURSE ARCHITECT. It may be necessary for the mixture to be screened or shredded in order to meet these requirements for a finely pulverized seedbed mixture. The green soil mixture shall be dumped at the edge of the gravel base. If the greensoil is trucked to the green, the green apron shall be planked to pre- vent rutting and compaction of the apron. j. The loosely dumped greensoil shall be spread by a tracked machine no heavier than or with a track pressure greater than a caterpillar D -2. Spreading shall be done with the minimum possible amount of machine travel over the greensoil. k. The machine shall not be operated directly on the base material. 1. Great caution shall be maintained at all times in order not to disturb any of the subsurface drainage or the features related to the putting green surfaces. It is the Contractor's responsibility to insure a minimum soil mixture depth of twelve (12) inches over the entire green after settlement. m. Throughout the entire placing operation, the greensoil shall be raked and all rocks, roots, soil lumps, and debris removed. n. When the greensoil has been placed to its full depth, the green and adjoin- ing aprons shall be saturated with water. All depressions which hold water shall be filled and raked smooth to conform to the general shape of the green or apron. No ridges, depressions, or improper blending of grades will be allowed. o. The Contractor shall provide a minimum of two (2) soil tests from an approved soil testing laboratory of greenmix materials. The first test shall include the following (prior to mixing any'compdnents): 1. Sieve analysis of the sand only, corresponding to U.S. Sieve specifications. 2. Permeability of sand in inches per hour. 3. Organic content of peat. After this information has been determined, the following will be required of the mixed materials for an 80% sand /20% Sphagnum Peat or an 90% sand /10% Reed Sedge Peat. 4. Percent of Pore Space (non - capillary (large) and capillary (small)). 5. Permeability (inches per hour). 6. Water retention (at field capacity, % by weight). 7. Bulk density (gm /cm 8. Compression Factor (volume lost after firming mix). 9. Firmness after compaction. The Contractor shall identify the source and address of the location of the materials to be used so the GOLF COURSE ARCHITECT may visit the site(s). The second test will be required of the field mixed materials to the required ratios, hut plac any materials on the greens. The sample shall he a composite one, GU7 taken from a number of locations within the pile of mixed material and combined together. This test shall include the following: 1. Mechanical analysis of sand /peat to determine the various particle size of sand fractions; total % of sand, silt and clay; and % of organic matter. p. For purpose of bidding, the Bidder shall assume a greens mixture ratio of 80% sand and 20% peat by volume if Sphagnum Peat is used, or 90% sand and 10% peat if Reed Sedge Peat is used. These percentages may be changed as required by the results of the soil tests performed by the Contractor. .07 PONDS AND LAKES a. Ponds and lakes shall be graded to the depth indicated on the grading plans. b. The pond and lake floors shall be as level as practical and shall be cleared of all stumps, vegetation, or sharp objects. c. All shorelines shall be graded to the slope below water level as indicated on the drawings. d. Prior to excavation of the pond and lake areas, all topsoil shall be stripped and stockpiled, as herein before provided, if a shortage is expected. e. If gravel or loose rock is excavated from the pond sites it shall be dis- posed of in suitable fills such as fairway mounds, etc., and placed in a manner so that it will not interfere with the installation of the irrigation system. The material shall be covered by a minimum of two (2) feet of soil fill material. Ap- proval by the GOLF COURSE ARCHITECT of this procedure shall be necessary before commencing work on individual areas. f. Solid pieces of rock in excess of 12" shall be hauled to specified areas for use in dry walls and rip -rap. CD8 TECHNICAL SECTION UNDERGROUND DRAINAGE SYSTEMS .01 SCOPE OF WORK The work covered by this Section of the Specifications consists of furnishing all materials, labor, and equipment for the installation of storm drainage systems, including catchments, culvert pipes, swales, diversion ditches, and perforated drainage pipe, complete in accordance with this Section of the Specifications and the applicable drawings and subject to the terms and conditions of the Contract. This work shall include grading, trenching, excavation, bedding, and backfill for all piping and drainage appurtenances. .07 MATERIALS a. Pipe and joint materials shown in the Plans will conform to the following minimum standards: TYPE OF PIPE CLASS ,JOINTS Corrugated Metal Corrugated Aluminum Polyvinyl chloride (PVC) Corrugated Polyethylene (Type III) Sewer and Drain PVC SPECIFICATION AASHO M136 AASHO M190 AASHO M197 Type 1, Grade 1 ASTM 1784 PSTM D3212 Grade 4 ASTM 01248 Class C Heavy Duty SCS Code 606 ASTM 2729 16 Gauge Galvanized UD1 AASHO M136 AASHO M190 AASHO M196 Couplers Bell End b. Drain tile shall be four (4) inch perforated c meeting SCS Code 606 and ASTM F449 Recommended Instal inch perforated polyvinyl chloride (PVC). c. Bends, elbows, tees, wyes, and other fittings ments of the type of pipe specified. d. Reinforced Concrete Pipe. Reinforced concrete Design Construction Standards & Specifications of the reinforced concrete storm drain pipe. e. Flared End Sections. Reinforced concrete end sections shall be manufactured from the same materials used in concrete pipe. Details of manufacture and dimen- sions shall be approved by the GOLF COURSE ARCHITECT prior to delivery to the job site. orrugated polyethylene tubing lation Practice, or four (4) shall conform to the require - pipe shall conform to the local governmental agency for f. Pipe bedding material for culver pipe shall be pit run material having the largest amount of 1/2" to 3/4" aggregate size as possible, or as per local municipal, governmental or supplier design construction standards and specifications Pipe bedding material for perforated drain tile in greens and traps shall be 1/2" minimum for PVC drain tile and 3/8" pea gravel for corrugated plastic pipe. .03 CONSTRUCTION REQUIREMENTS a. Perforated drain tubing shall be lai openings on the bottom (PVC drain tile), wi b. Unless otherwise shown on the Plans, ing layer of pipe bedding material. The pi bedding material to a point six (6) inches The remainder of the trench shay bi be backfi tail sheet. d accurately to line and grade with the th a minimum slope of one (1) percent. underdrains shall be placed on a level - pe shall be bedded and covered with pipe over the to of the pipe, where possible. lied and completed as shown on the de- c. Rock encountered within the excavation shall be removed to a width equal to the outside diameter of the pipe plus 12 inches, and to a depth of 6 inches below the pipe. Backfill, to the foundation elevation, may be of approved material re- moved from elsewhere in the trench excavation. d. All junctions and turns shall be made with wyes, tees, and bends fabricated from the same material as the pipe. e. The upslope ends of all underdrain pipe shall be closed with suitable plugs to prevent the entry of soils. f. Pipe bedding material need not be compacted for tile drainage. g. Openings in perforated PVC pipe shall not be larger than 1/2 inch. Pipe with larger openings will not be accepted. h. All underground utilities such as telephone, electric, water, gas, sanitary sewer, storm,•tile and drain lines, whether public or private mains or services, shall be repaired if damaged by the Contractor at no added cost to the OWNER. i. All drains to be free of silt, debris accumulation, or other obstruction and shall be flushed thoroughly in the presence of the GOLF COURSE ARCHITECT or SUPERINTENDENT. .04 EXCAVATION, TRENCHING, BEDDING AND BACKFILL a. General: The term "excavation" used hereinafter is defined as "unclassified excavation." Excavation of every description, regardless of material encountered within the grading limits of the project shall be performed to the lines and grades indicated. Excess material from the excavation not required for fill or backfill shall be wasted on the site at locations indicated by the GOLF COURSE ARCHITECT and shall be spread and leveled or graded as directed. Excavation and backfilling shall be performed in a manner and sequence that will provide drainage at all times. Grading shall be done as may be necessary to prevent surface water from flowing in- to trenches or other excavations, and any water accumulating therein shall be re- moved by pumping or by other approved methods. Sheeting and shoring shall be done as necessary to prevent surface water from flowing into trenches or ether excavations and any water accumulating therein shall be removed by pumping or by other approved methods. Sheeting and shoring shall be done as necessary for the protection of the work and for the safety of the personnel. All shoring shall be in accordance with Section 7 of the Manual of Accident Prevention in Construction as published by the Associated General Contractors of America, Inc. UD2 b. Trench Excavation shall be by open cut and trenches shall be of the necessary width for proper laying of pipe. The banks of the trenches shall be as nearly ver- tical as practical. Care shall be taken not to over- excavate. No greater length of trench in any location shall be left open, in advance of the completed work, than shall be authorized or directed. During excavation, materials suitable for backfilling shall be piled in an orderly manner a sufficient distance from the banks of the trench to avoid overloading. c. Except as hereinafter specified for wet or otherwise unstable material, over - depths shall be backfilled with materials specified for backfilling the lower por- tion of trenches. Whenever wet or otherwise unstable material that is encountered in the bottom of the trench, as determined by the GOLF COURSE ARCHITECT, such mat- erial shall be removed to the depth required and the trench backfilled to the pro- per grade with coarse sand, fine gravel, or other suitable approved material. Special requirements relating to specific utilities are as follows: d. The width of the trench one (1) foot above the top of the pipe shall be such that the clear space between the barrel of the pipe and the trench wall shall not exceed eight (8) inches on either side of the pipe. The width of the trench above that level shall be as wide as necessary for sheeting and bracing for proper per- formance of the work. e. The bottom of the trenches shall be accurately graded to provide uniform bear- ing and support for each section of the pipe on undisturbed soil at every point along its entire length, except for the portions of the pipe sections where it is neces- sary to excavate for the proper sealing of the pipe joints as hereinafter specified. Depressions for joints shall be dug after the trench bottom has been graded, and, in order that the pipe rests on the prepared bottom for as nearly its full length as practicable, depressions shall be only of such length, depth and width as required for properly making the particular type of joint. f. Shoring shall be recovered in a manner to avoid damage or disturbance to the work and the excavation shall be free of forms and cleaned of trash. Approved soil material shall be placed in layers not exceeding six (6) inches in thickness, unless otherwise specified, and compacted to the same density as adjacent parent material. Each layer shall be uniformly spread, moistened, or dried by aeration when required, to the proper moisture content and uniformly compacted by hand or machine tampers, or by other suitable equipment. Backfill shall be brought to final grade unless otherwise indicated. Care shall be exercised to avoid any wedging action or eccen- tric action upon or against any structure and to avoid any disturbance or damage to the work. g. Lower Portion of Trenches: Backfill material shall be deposited in six (6) inch maximum thickness layers and compacted with suitable tampers to the density of the adjacent'soil until there is a cover of not less than one (1) foot over the crown of the pipe or conduit. The backfill material in this portion of the trench shall consist of approved materials free from stones larger than three (3) inches in any dimension, except where the pipe is coated or wrapped for protection against corrosion, the backfill material shall be free from stones larger than one (1) inch in any dimension. h. Upper Portion of Trenches: The remainder of the trench shall be backfilled with material that is free of stones larger than six (6) inches in any dimension. Daclfill material under turfed or seeded areas shall be deposited in layers not ex- ceeding twelve (12) inches and each layer shall be compacted to the density of the adjacent soil. UD3 I .05 STORM DRAINAGE CONSTRUCTION a.. All lines shall be constructed true to line and grade as indicated. Trench- I ing, excavation, bedding and backfill shall be performed as specified hereinbefore. All pipe which is found to be defective or improperly laid shall be removed from the construction and the portion of that line shall be repaired to the satisfaction of the GOLF COURSE ARCHITECT at the Contractor's expense. 1 b. Each pipe shall be carefully examined before being laid, and defective or damaged pipe shall not be used. Proper facilities shall be provided for lowering I sections of pipe into trenches. The laying of pipe shall proceed upgrade beginning at the lower end of the pipeline. Under no circumstances shall pipe be laid in water, and no pipe shall be laid when the trench condition or weather is unsuitable. II c. pipe shall be laid with tongue end in the direction of flow. c. Perforated Plastic Pipe shall be installed for the purpose of collecting seepage water from those areas in which spring water has been exposed to the sur- ' face by grading operations. Excavations of trenches to receive pipe shall be from the visible source of seepage extending to areas designated by the GOLF COURSE ARCHITECT. Depth of trenches shall be a minimum of three (3) feet with a minimum I width of twelve (12) inches. A six (6) inch layer of crushed stone, of the same type used in green construction, shall be installed in the bottom of the ditches prior to the installation of pipe. Upper ends of the pipe shall be closed off and the trenches backfilled with gravel to within six (6) inches of the ground surface. ' Topsoil shall then be added to bring the ditch even with the surrounding grades. d. In lieu of headwalls, pipe shall be provided on both ends with flared end ' sections, type 5, with bands as manufactured by ARMCO as indicated on the plans. These sections shall be installed in accordance with the manufacturer's recommen- dations. Not all culvert or pipe urns require the flared end sections. ' e. The inverts of the swales shall be graded to a smooth and uniform grade in order to provide a constant flow of drainage with a minimum slope of one -half (.5) percent. Side slopes shall be blended into existing contours to insure proper mow- ' ing operations with no scalping or missing of ridges and depressions. Material ex- cavated from swales shall be used as fill in adjacent areas or as otherwise directed by the GOLF COURSE ARCHITECT. ' f. The GOLF COURSE ARCHITECT may require the Contractor to construct diversion swales to prevent surface run -off from damaging tees, greens, fairways, or other I areas. These swales, when necessary, shall be designated by the GOLF COURSE ARCH- ITECT in the field. g. The GOLF COURSE ARCHITECT may also require the Contractor to construct swales ' in addition to those shown on the plans at any time during the course of construction. .06 PROTECTION OF WORK AND PROPERTY I The Contractor shall take all necessary precautions to prevent any damage to exist- ing trees, foliage, plant materials and property outside the areas of work under this Section. 1 .07 TRENCH SAFETY I The Contractor shall supply a trench safety plan in accordance with OSHA and State requirements. ' LID 4 .08 FINAL APPROVAL All pipes and drains, at the time of final acceptance, shall be free of silt or debris accumulation or other obstruction. U05 TECHNICAL SECTION SPRIGGING, FERTILIZATION AND SODDING .01 SCOPE The work under this Section of the Specifications consists of furnishing all labor, materials, and equipment to finish shape, pick rock, prepare seed -bed, sprig, fertilize, sod and mulch according to the Drawings, Specifications and directions of the Golf Course Architect (GCA) and Superintendent. .02 MATERIALS All materials shall conform to the following requirements: a. Sprigs shall be purchased from an established, reputable dealer, tagged to comply with the requirements of the mixture shown on the Drawings and /or in these Specifications and shall be approved by the GCA or Superintendent before use. Sprigs shall be certified as to purity of variety by the State Certifying Agency in the state of origin. A valid certificate shall be supplied to the Owner. b. Fertilizer shall be a commercial formula containing minor trace elements and shall conform to applicable State fertilizer laws. c. Water shall be suitable for irrigation and free from ingredients harmful to plant life. d. Topsoil shall be free from weeds, rock larger than 1" in diameter, concrete, roots, or other deleterious matter. e. Sod shall be Bermuda varieties as specified on the drawings or in the speci- fications. The sod shall be cut by an approved mechanical sod cutter to a thick- ness of not more than 1 inch, or less than 1/2 inch. f. Mulch shall be of wood fiber as manufactured by ConWed Corporation, Weyer - hauser Corporation or Pacific Timber Products. .03 FINISH SHAPING, ROCK PICKING AND SEED BED PREPARATION OF TEES, FAIRWAYS AND SLOPES a. The Contractor will take all necessary precautions to prevent damage to drain- age pipe, irrigation pipe, wiring, sprinkler heads, controllers, and under ground valve boxes previously installed. All pipes in the area of haul roads should be ramped with sufficient earth fill if necessary to prevent damage. Should any damage occur, it will be the Contractor's responsibility to repair the damage at his expense. b. All grades and contours previously established in the rough grading operation will be maintained and enhanced. Any damage or disruption to these grades or con- tours will be re- established by the Contractor. c. All areas compacted due to stroage or traffic shall be plowed or ripped if necessary to a minimum of 12 inches (watch out for irrigation lines), disced or harrowed, and dragged to match the texture of the other finished graded areas. SFS 1 d. The practice tee shall be treated in the same manner as regular tees. e. The practice fairway and adjacent rough shall be treated in the same manner as regular fairways and rough areas. f. Target greens shall be treated in the same manner as the fairways. 1. They should be shaped and located as indicated on the grading plans or as directed by the GCA. 2. They should consist of approved topsoil to a depth of at least 3 inches. g. The Contractor shall understand that the finish grading phase of golf course construction involves the most artistic and creative portion of the work, and the Contractor shall coordinate, cooperate and work closely with the GCA and Super- intendent to obtain the desired results. W. The finish grading operation shall begin after the irrigation and major drainage work is completed in a given area. The GCA and Superintendent will be notified prior to any finish work so that they may inspect all work to that point and aid the Contractor in scheduling the finish grading. i. The fairways shall be smoothed and floated by means of a tractor drawn board or pipe drag, steel mat, soil surgeon, or equal. All clods shall be thoroughly pulverized and all areas blended to existing grades. This shall insure that there are no spots which shall hold water and that the surface is such that a gang mower set at 1/2 inch in height will not scalp any area. j. Any vegetation, roots, rocks 1 materials that are collected during a designated area on site. k. Areas around irrigation heads, ed areas around bunkers and greens manually raked and smoothed. m. All finish grade work should provide a two (2) inch minimum depth of bedding soil (powder) for sprigging purposes. At the completion of the seedbed prepara- ' tion operation and prior to any grassing. the GCA and Superintendent shall be notified for inspection and approval. .04 a. inch and larger, sticks or other objectionable this phase of construction shall be hauled to controllers. drainage lines and caps, restrict - that cannot be mechanically prepared shall be GOLF COURSE GRASSING Materials. 1. Greens sprigs shall be certified 328 Tifgreen Bermuda grass. 2. Tee, Fairway, Rough Sprigs shall be certified 419 Tiffway Bermuda grass. 3. Sod for bunker edges and green collars shall be certified 419 Tiffway Bermuda grass. 4. All sprigs and stolens shall be fresh, high quality certified materials from a source acceptable to the Owner and GCA. The stock shall contain no weeds, soil, or other debris and shall not be dried out at the time of planting. Sprigs shall be Tiffway 419 Bermuda. SFS 2 5. The sprigs shall be harvested to facilitate separation and distribution. Sprigs shall average four to six (4 to 6) inches in length and carry at least four (4) nodes. The sprigs shall be planted within twenty -four (24) hours after their removal from the turf bed nursery. It shall be the Contractor's responsibility to'protect the stolens, keeping them moist and out of the sunlight throughout the planting operation. b. Sprigging Tees, Tee Slopes, Fairways. Roughs and Greens Slopes. 1. No area shall be planted before the finish grading is 100% completed and approved by the Golf Course Architect and Superintendent. 2. No area shall be planted before the irrigation system within a given area is operable and has been approved by the Superintendent. 3. The Contractor shall carefully coordinate the grassing operation with the Superintendent being careful not to grass on any area to large or move so swiftly that a reasonable watering operation could not follow. Carelessness of the Contractor, as mentioned above, shall result in him being liable for the cost of additional sprigs and the replanting of the same. 4. The tees, Fairways. irrigated roughs and slopes of moderate angles shall be mechanically sprigged with a planter at a rate of 400 bushels per acre. The sprigs shall be planted to a depth where the soil moisture is stable, generally two (2) inches. The sprigs in a single row shall slightly overlap and under no circumstances be placed more than eight (8) inches apart. A bushel is defined as 1.25 CF or approx. 3 sq. yds of shredded sod. 5. All slopes of steeper degree, in which a mechanical planter would be unsafe to use, will be sprigged by hand, using the same rate of bushels per acre. The sprigs shall be pressed into the soil with a hand disc. .05 FERTILIZING a. Greens, tees and fairways shall be fertilized with the same fertilizer blend. About five (5) to seven (7) days prior to sprigging, the Contractor shall apply 32 -0 -0 at the rate of 136 pounds per acre over all areas and work into the soil. Within one day prior to sprigging, the Contractor shall apply 10 -20 -10 at the rate of 435 pounds per acre over all areas. This fertilizer need not be worked into the soil. b. A soil sample will be taken by the Owner approximately 30 days prior to application of the fertilizer. The fertilizer rates may be adjusted depending on the results of the test. c. Fertilizer must be dry and free flowing when applied. Caked or deteriorated materials will not be permitted. .06 SPRIGGING OF GREEN SURFACE a. Green surfaces will be hand sprigged at a rate of fifteen (15) bushels per 1,000 square feet (a bushel is defined as 1.25 cubic feet or approximately 3 square yards of shredded sod). SFS 3 b. The area being sprigged as green surface will be defined by a sod outline of the green (see item .07 a.(Sodding around greens and bunkers). c. The sprigs will be certified Tiffgreen 328 bermuda grass. d. The Contractor will smooth float and prepare the surface of the green under the direction of the GCA and Superintendent prior to grassing. This operation will be accomplished by the use of a box blade, tripple board drag, soil surgeon or equal, drawn by a grading tractor. e. The Contractor shall drag and float the green from inside the putting surface outward bringing greenmix into the fringe area. Soil outside the putting surface shall not be dragged onto the greensmix. Such negligence will require the Contrac- tor, at his expense, to strip the greenmix of objectionable material and replacing with approved soil. f. All green traps shall be lipped to prevent surface runoff from the green from entering the trap. g. The GCA will work on site with the Contractor during the final floating of the greens to assure that the actual and entended contours are achieved. The GCA will approve each green prior to any grassing. .07 SODDING AROUND GREENS AND BUNKERS a. The perimeter of all greens and bunkers shall be sodded with a strip of Tiffway 419 bermuda sod to a width of twelve (12) to twenty -four (24) inches de- pending on slope severity. b. Sod will be secured by staples /stakes if necessary. .08 MULCHING a. A cellulose fiber hydromulch will be applied after sprigging and spread over the entire green surface at a rate of one (1) bale of mulch per 1,000 square feet. A bale of mulch is defined as 50 pounds. The mulch shall be as manufactured by ConWed Corporation, Weyerhauser Corporation or Pacific Timber Products. .09 SATISFACTORY GERMINATION /ESTABLISHMENT AND REPLACEMENT a. Sprig survival rate after fifteen (15) days shall not be less than eight (8) live sprigs per square foot. b. Sprigged areas which fail to show an adequate stand of grass within fifteen days shall be raked, refertilized, planted, and mulched at the Contractor's expense. SFS 4 IRRIGATION TECHNICAL SPECIFICATIONS SECTION I — MATERIAL — INSTALLATION 2.01 GENERAL (a) Contractor shall follow manufacturer's recommendations for instal- lation of this system. Care shall be taken to install all equipment within one foot of its staked location. (b) If, at any time prior to final acceptance of this system, it is found that the Contractor has failed to satisfy the requirements of the plans or specifications, or heads are moved from designer's staking operation,he shall be required to remove and relocate installation as directed at his own cost. 2.02 ORDER OF WORK (a) Staking of sprinkler heads (see Special Conditions) shall be co- ordinated with grading contractor. Installation shall proceed as directed following this staking. 2.03 ORDER OF WORK (a) Contractor shall furnish all materials and equipment necessary to complete this work as described herein, and designed on plans. Contractor shall assume responsibility for equipment until all of job, or portion thereof, has been accepted by Owner. Note: Any material furnished by the Owner shall be so listed in Section II Special Conditions. (b) Quality - - Materials used in the system shall be new and without flaws or defects of any type, and shall be the best of their class and kind. Materials shall have a minimum guarantee of one year against defective materials. (c) Handling and Storage - - Protect materials from damage, deterioration, or loss while in storage and during construction. 2.04 SLEEVING (a) Install separate sleeve beneath paved areas to route each run of irrigation pipe or wiring bundle. (b) Sleeving material beneath pedestrian pavements shall be PVC Class 200 pipe with solvent welded joints. (c) Sleeving beneath drives and streets shall be corrugated metal pipe (CMP). (d) Sleeving diameter: equal to twice that of the pipe or wiring bundle. Section I Page 1 2.05 PIPE AND FITTINGS (a) Storage: Do not subject plastic pipe and fittings to prolonged exposure to sunlight. (b) Mainline Pipe and Fittings: Use rigid, unplasticized polyvinyl chloride (PVC) AWWA C -900 approved pipe, extruded from material meeting the requirements of Cell Classification 12454A or 12454B, ASTM Standard D1784, with integral belled end. Use Class 100, SDR -25, rated at 200 psi, conforming to the dimensions and tolerances established by ASTM Standard D2241. Use rubber - gasketed pipe for mainline pipe with a nominal diameter greater than or equal to four inches, and rubber gasketed cast iron or ductile iron with lubricant approved by the pipe manufacturer. (c) Submain pipe, Lateral Pipe, and Fittings: Use rigid, unplasticized polyvinyl chloride (PVC) 1120, 1220 National Sani- tation Foundation (NSF) approved pipe, extruded from material meeting the requirements of Cell Classification 12454 -A or 12454 -B, ASTM Standard D1784, with an integral belled end suitable for solvent welding. Use Class 160, SDR -26, tolerances established material ledger. Use Class 200, SDR -21, tolerances established material ledgers. rated at 160 psi by ASTM Standard rated at 200 psi by ASTM Standard , conforming to the D2241 for pipe when , conforming to the 02241 for pipe when dimensions and called out in dimensions and called out on Fittings for PVC pipe shall be Schedule 40, Type 1, PVC solvent weld fittings, ASTM Standards D2466 and D1784. Use primer approved by the pipe manufacturer. Solvent cement to conform to ASTM Standard D2564, of a type approved by the pipe manufacturer. (d) Specialized Pipe and Fittings: Galvanized steel pipe: Schedule 40 galvanized steel pipe, ASTM Standard Al20. Fittings shall be galvanized, threaded, standard weight, malleable iron fittings. Use a dielectric union wherever a copper -based metal (copper, brass, bronze) is joined to an iron -based metal (iron, galvanized steel, stainless steel). Service connection on 4" or larger to be made using CAL-AM saddles with 2" FIPT TAP. Assemblies calling for threaded pipe connections shall utilize PVC Schedule 40 threaded fittings and PVC Schedule 80 nipples unless otherwise noted on details. Section I Page 2 August 4, 1988 Mr. Bob Bennett City Manager City of Round Rock 221 East Main Round Rock, Texas 78664 Dear Bob: FRANKLIN SAVINGS I am attaching an original copy of the fully executed agreement between the City of Round Rock, Killeen Savings, Ben Franklin Corporation and Franklin Savings Association regarding the municipal golf course on the Franklin 582. Please distribute copies to other City officials as appropriate. Your assistance in reaching this point is very much appreciated. I look forward to working with you and your staff over the next 45 days to complete the design, dedication documents, and other related agreements and tasks. With continued cooperation, I am confident we can complete our work in a timely manner. As you know, Franklin has already completed items 1.B. and 1.F. and thereby satisfied items 3.F. and 3.J.. Jim Mills and Jim Vier will be available over the next two weeks to pursue development and design details with you while I take a couple weeks of vacation. Dan Matheson and Mark Herndon will also begin to draft the dedication documents in cooperation with Larry Paul Manley and Steve Sheets. It is important that Dick Phelps and Wally Gunderson come to Austin soon to begin their planning and design work. During that visit, Mills and Vier can also brief them on Franklin's development plans. Those details must be known to facilitate the negotiations with Ken Pfluger, which Jim Mills and Don Mackie will handle. P 0 Box 1723 Anson, TX 78767 512 477 -5000 Member FSLIC Member Federal Nome Loan Bank System RECEIVED AUG - 8 1988 Mr. Bob Bennett August 4, 1988 Page Two I will be touch with Mills while on vacation, but please rely on him in the interim to represent Franklin in the final planning process. n L. German ecutive Vice President JLG:dlm xc: John Ramzy Don Mackie Jim Mills Kenny Anderson Louis Williams Larry Paul Manley City of Round Rock 221 East Main Street Round Rock, Texas 78664 Gentlemen: August 3, 1988 This letter ( "Proposal Letter ") sets forth the proposal of Ben Franklin Corporation and Franklin Savings Association (collectively, "Franklin ") and Killeen Savings Association ( "KSA ") to the City of Round Rock, Texas ("City"), of a transaction in which (i) Franklin would dedicate to the City approximately 170 acres of land located in Williamson County, Texas, as generally depicted on Exhibit A annexed hereto as the golf course ( "Golf Course Tract "), and (ii) KSA would assist in the dedication to the City of sufficient acreage (not to exceed 20 acres of land lying outside the 100 year flood plain) located in Williamson County, Texas, for development as a public fee golf course and the construction thereon of certain related improvements. The proposed transaction ( "Dedication ") is subject to, and contingent upon the satisfaction of, the conditions set forth in this Proposal Letter. Franklin and KSA propose that the Dedication be effected pursuant to the terms of definitive agreements (collectively, "Dedication Documents "), which will contain, in addition to those matters set forth in this Proposal Letter, mutually agreeable customary covenants and agreements and various conditions of closing. Franklin, KSA and the City agree that no party is obligated to close the Dedication unless and until the Dedication Documents are executed and delivered by all of the parties thereto, at which point the Dedication Documents shall supersede this Proposal Letter. Prior to the execution of the Dedication Documents, however, and until this Proposal Letter is terminated as hereinafter provided, Franklin, KSA and the City agree as follows: 1. Certain Agreements of Franklin. Franklin covenants and agrees with the City and KSA as follows: A. Franklin agrees to dedicate to the City the Golf Course Tract, the Rights -of -Way (as hereinafter defined) and the rights of Franklin in the two existing water wells located on the Golf Course Tract (including easements, if necessary) upon (i) approval by Franklin of the Final Plans (as hereinafter defined), (ii) execution and delivery of the Dedication Documents and (iii) satisfaction of the other conditions set forth in Section 4 hereof. The "Rights -of -Way" are the proposed roadways and related facilities and improvements shown on Exhibit A annexed City of Round Rock August 3, 1988 Page 2 hereto as Doublecreek Parkway and the Golf Course Entry Road, but only to the extent said proposed roadways lie within the Franklin Tract (as hereinafter defined). Where said proposed roadways are located adjacent to land owned by others, Franklin will dedicate 60 feet of right -of -way. B. Franklin hereby submits to the City, for the City's review and approval, Exhibit A annexed hereto as the preliminary layout and routing plan ( "Preliminary Plans ") for the Course and Facilities (as hereinafter defined). C. Franklin will enter into agreements sufficient to (i) reflect Franklin's commitment to extend, at its expense, a 12 inch water main along Gattis School Road, then north on County Road 122 to the northwest corner of the approximate 412 acre tract of land located'in Williamson County,.Texas, as generally depicted as lying within the subdivision boundaries shown on Exhibit B annexed hereto ( "Franklin Tract "), with said water main to be constructed along the line reflected by points H to G to F to E to D to C on Exhibit C annexed hereto and described on Table 1 annexed hereto, and (ii) evidence Franklin's agreement that the City, at its expense, shall -be permitted to oversize said main in accordance with the City's oversize policy; provided, that the payment for the oversizing is made by the City to Franklin upon acceptance by the City of said main. D. Franklin will enter into agreements sufficient to (i) reflect Franklin's commitment to extend, at its expense, a 15 inch wastewater main to the Franklin Tract along the line reflected by points D to J on Exhibit C annexed hereto and described on Table 1 annexed hereto, and (ii) evidence Franklin's agreement that the City, at its expense, shall be permitted to oversize said main in accordance with the City's oversize policy; provided, that the payment for the oversizing is made by the City to Franklin upon acceptance by the City of said main. It is agreed that wastewater service to the Course and Facilities and the initial development phase of the Franklin Tract will be supplied from existing mains located within Oak Bluff Estates Phase II. The construction of the wastewater main along the line reflected by points D to J on Exhibit C annexed hereto will be completed prior to exhaustion of the existing capacity from within Oak Bluff Estates Phase II. Franklin expressly acknowledges that the capacity of the mains located within Oak Bluff Estates Phase II is limited and that KSA, and its successors and assigns, shall have a first and prior right to obtain for lots in Oak Bluff Estates Phases I and II connections for wastewater service provided by such mains. In recognition of that priority, Franklin and KSA will, as soon as practicable after the execution of this Letter of Intent, enter into City of Round Rock August 3, 1988 Page 3 discussions concerning the preparation and execution of an agreement mutually acceptable to each pursuant to which Franklin and KSA will agree upon (a) the basis upon which a determination that the capacity of the existing mains located within Oak Bluff Estates Phase II will be (or will probably be) exhausted and (b) an appropriate time period after the determination of capacity exhaustion after which (i) Franklin will no longer be allowed further connections for wastewater service and (ii) connections servicing the Franklin Tract or lots located therein shall be removed from the existing mains and transferred to other facilities provided by Franklin. E. Franklin will enter into agreements sufficient to reflect Franklin's option to construct, at its expense and at the time necessary for Franklin's development of the Franklin Tract, an additional section of the proposed Golf Course Entry Road from proposed Doublecreek Parkway to the proposed clubhouse of the Course and Facilities. F. Franklin will= (i)'-use its best efforts to secure disannexation - (but Franklin shall` have no obligation to secure disannexation to the extent the cost exceeds $100.00 per acre to Franklin) of the Franklin Tract from the „City of Hutto's extra- territorial jurisdiction ( "ETJ "), and; (ii)r.request voluntary -• annexation of the Franklin Tract into the city limits of the City in accordance with the terms of this Proposal Letter. 2. Certain Agreements of KSA. KSA covenants and agrees with the City and Franklin as follows: A. KSA will use its best efforts of a non - monetary nature to assist the City in acquiring, or causing to be dedicated to the City, a sufficient amount of acreage from the Pfluger- Knebel Ranch (the " Pfluger Tract ") necessary for the construction of the Course and Facilities (as hereinafter defined) lying outside the boundaries of the Franklin Tract, as shown on Exhibit A, in accordance with the Final Plans, but in no event to exceed 20 acres of land lying outside the 100 - year flood plain. B. KSA will dedicate to the City a mutually agreed upon number of (but no more than 2) residential lots within Oak Bluff Estates Phase II (which is referred to generally on Exhibit A annexed hereto as the Existing Subdivision) in order to complete the Course and Facilities in accordance with the Final Plans. C. KSA will contribute the amount of $215,000.00 in rf partial paymen for the water line improvements to be constructed V4 - ralably as /cu -i d by Finn/' /iri, 444- City of Round Rock August 3, 1988 Page 4 by Franklin to point C as outlined on Exhibit C hereto and as further described in Section 1 (C) hereof; provided, that (1) said improvements shall be sufficient to provide water capacity to Oak Bluff Estates Phase I and Phase II of at least 325 living unit equivalents and (2) the City shall enter into a mutually satisfactory agreement with Round Rock Water Supply Corporation, a Texas non - profit corporation, to supply water on a wholesale basis to said corporation. D. KSA will enter into an agreement with the City providing for a mutually acceptable annexation of Oak Bluff Estates Phase II into the City. 3. Certain Agreements of the City. The City covenants and agrees with Franklin and KSA as follows: A. The City, at its expense, will enter into agreements sufficient to provide the means of financing (and the City shall actually fund the costs of and retire the indebtedness for) the championship golf course to be constructed on the Golf Course Tract, together with a first -class driving, chipping and putting range, adequate dining facilities, pro -shop, cart barn, irrigation system, utility connections, access roads to the golf course and other related facilities and amenities (collectively, .. "Course and Facilities "). The agreements described in the preceding sentence, together with all agreements relating to the construction, management and maintenance te C r e and Facilities, will be subject to the revs 1"' �d h a* ap '`oval of Franklin alMa which shall not be unreasonably withheld. B. The City will review and approve the Preliminary Plans. Upon approval of the Preliminary Plans by the City, the City, at its expense, will prepare detailed plans and �! specifications ( "Final Plans ") for the Course and Facilities which shall be consistent with the Preliminary Plans and shall be DO ec ( t CC�. o Fra s s review ad approval95 f04/1 Mal6,5 �i " P i 5 ittlik5 t'a11 ww er5,Qn al? froVa aS to Mt( Mrs �Qted to � /e/,7 ber�9 � l1 y • < T e City,' at its expense, will prepare and submit Pilo_ to Franklin and KSA -,for approva1Af Documents, a final boundary survey, deeds and other conveyance documents consistent with the Final Plans approved by Franklin and KSA. • j y e D. The City will enter into agreements sufficient to include in the City's Capital Improvement Program ( "CIP "), and the City will pay the costs of, all water system improvements (other than those described in Section 1(C) and (D) hereof) required to serve the Golf Course Tract, the Franklin Tract, Oak Bluff Estates Phase I and Phase II and the Pfluger Tract; provided, that, solely with respect to the Pfluger Tract, the revreul as a /(o rea{e, by F � g rcl/,r4a{/crs re /a4c /"We. Fr�a� e �h la f , a r 0Yria e tee f4 of o dp i 6e .174,6/..; aid b�( K p as a aGf ma �e 1 4 /ed /a p e �e d � At_ by kh4 awd aaree,Mer[ of w c Gene ray AO. City of Round Rock August 3, 1988 Page 5 City's obligations set forth in this Section 3(D) are conditioned upon (i) the owners of the Pfluger Tract dedicating to the City the portion of the Pfluger Tract comprising a portion of the Course and Facilities (as generally described in Section 2(A) hereof [ "Pfluger Course Tract ")), (ii) the City's ability to serve the Pfluger Tract and (iii) the Pfluger Tract being annexed into the City. E. The City will (i) construct, at its expense, at the time of construction of the Course and Facilities, (a) at 3o-ke- F,p„al'5 es option, a 24 foot curb and gutter roadway or a 28 foot open ditch roadway with concrete ribbon edging from County Road 122 to the point shown on Exhibit A annexed hereto and referred to as Doublecreek Parkway, (b) at Franklin's option, a 24 foot curb and gutter roadway or a 28 foot open ditch roadway with concrete ribbon edging from said point on Doublecreek Parkway to the proposed clubhouse for the Course and Facilities and referred to on Exhibit A annexed hereto as the Golf Course Entry Road, and (c) the necessary golf cart crossing structures within said roadways, and, (ii) include the remaining construction of Doublecreek Parkway in the City's arterial roadway plan and its capital improvement program for construction at such time as bonds may be approved by the voters of the City and traffic demands warrant such construction. To the extent Franklin requires any of said roadways to serve the Franklin Tract prior to City funding, Franklin may construct any of said roadways to the standards that previous sections thereof have been constructed. Franklin will be reimbursed by the City for all costs of any such optional construction from roadway fees previously collected by the City relative to the Franklin Tract and Golf Course Tract. To the extent that construction costs exceed such collected fees; the City will reimburse Franklin for such costs from future fees collected relative to the Franklin Tract and Golf Course Tract when and as such fees are collected. F. The City will facilitate the disannexation of the Franklin .Tract "and Pfluger Course Tract from "the City of Hutto ETJ and, following disannexation, will commence the annexation of the Franklin Tract and Pfluger Course Tract into the City. Concurrently with the commencement of annexation of the Franklin Tract and Pfluger Course Tract, the City will commence annexation of Oak Bluff Estates Phase I and Phase II into the City. G. The City will enter into agreements with Franklin sufficient to evidence the City's agreement that the Dedication shall constitute a full and complete satisfaction of all of Franklin's parkland dedication and stormwater detention requirements for the Franklin Tract, and the Final Plans for the 4111- City of Round Rock August 3, 1988 Page 6 Course and Facilities shall reflect a design sufficient to satisfy said requirements. H. The City will enter into agreements with Franklin sufficient to evidence the City's agreement that Franklin (or its designee) shall be given, by the City, 60 days prior written notice in each instance in which the City is considering a change in either capital recovery fees or building permit fees, and the City therein shall agree that Franklin's remedy for the failure of the City to give said 60 day notice shall be that Franklin (or its designee) shall have an opportunity for a period of an additional 30 days after it receives written notice from the City within which to pay capital recovery fees or building permit fees in the amounts in effect prior to each such change even though said 30 day period may be effective subsequent to a change in said fees. I. The City will reimburse Franklin for all oversize water and wastewater mains greater than and oversize lift stations and force mains built within the Franklin Tract. The reimbursement amounts will be the amounts established by the related City ordinance then in effect. • J. The City agrees to facilitate the disannexation of the Franklin Tract from the Hutto ETJ as contemplated in this Proposal Letter. K. The City agrees to facilitate the acquisition of the Pfluger Course Tract by the City as contemplated in this Proposal Letter. L. The City agrees to accept the dedication of the Golf Course Tract, the Rights -of -Way and water well rights and, upon conveyance thereof to the City, the City agrees to assume the maintenance thereof. 4. Conditions. In addition to the condition that the Dedication Documents be fully executed and delivered by all parties thereto, the obligations of the City, Franklin and KSA set forth herein are further subject to and conditioned upon satisfaction of the following conditions: A. Each of the covenants and agreements of Franklin set forth in Section 1 shall have been satisfied. B. Each of the covenants and agreements of KSA set forth in Section 2 shall have been satisfied. City of Round Rock August 3, 1988 Page 7 C. Each of the covenants and agreements of the City set forth in Section 3 shall have been satisfied. D. The City, Franklin and KSA shall have entered into agreements consistent with the Final Plans resolving the common development issues pertaining to the Franklin Tract, Golf Course Tract, Oak Bluff Estates Phase I and Phase II, Pfluger Tract, Pfluger Course Tract and the tract owned by KSA's affiliate, Round Rock Country Club. E. The obligations herein of both Franklin and KSA are subject to, and conditioned upon, receipt of all requisite regulatory approvals. F. The Pfluger Course Tract shall have been acquired by the City for use as a portion of the Course and Facilities, and the Pfluger Tract and Franklin Tract shall have been disannexed from the City of Hutto ETJ and said tracts and Oak Bluff Estates Phase I and Phase II annexed into the City in accordance with the terms of this Proposal Letter. In addition to the foregoing conditions, Franklin's obligations set forth herein are also subject to and conditioned upon satisfaction of the following conditions (each or both of which may be waived by Franklin at its discretion): G. The City shall have approved a preliminary plat of the Franklin Tract substantially in accordance with Exhibit B annexed hereto and in accordance with the terms and provisions outlined in this Proposal Letter. H. The City shall have approved the zoning of the Franklin Tract as designated on Exhibit B annexed hereto and in accordance with the terms and provisions outlined in this Proposal Letter. 5. Mutual Covenants and Agreements. A. Each of the City, Franklin and KSA represents to the other parties that it has not engaged, and covenants that it will not engage, any broker or finder in connection with this Proposal Letter or the Dedication or any other transaction contemplated herein in a manner so as to give rise to any valid claim for any broker's or finder's fees or similar compensation. Each party further represents to the other parties that it has not authorized, and will not authorize, any person to act in a manner so as to give rise to any valid claim for any broker's or finder's fees or similar compensation, and if any party or their City of Round Rock August 3, 1988 Page 8 affiliates has caused any such fee to be payable, then such party shall bear any such fee. B. Until the earlier of the mutual termination of this Proposal Letter or the consummation of the Dedication, the City, Franklin and KSA each agree that none of them, nor any of their officers, directors, employees or representatives, will, without the other parties' prior written consent, encourage, solicit or initiate any discussion or negotiations with any person, entity or group, other than the other parties hereto and their respective officers, directors, employees and representatives, concerning the ownership, construction, financing and operation of a municipal golf course of or by the City, except as may be required by law; provided, that Franklin and KSA agree that the City may conduct discussions with respect to the Chandler Creek /IH -35 site consistent with the City's Resolution No. 1137R, adopted July 28, 1988. C. It is acknowledged that the City will disclose the necessary terms of this Proposal Letter in accordance with the requirements of the Texas Open Meetings Act and the Texas Open Records Act. It is further acknowledged that each of the parties has approved the contents of the initial public disclosure of this Proposal Letter. D. Subject to the terms and conditions set forth herein, the City, Franklin and KSA agree to be bound by the terms and provisions hereof, to proceed in good faith and to use their best efforts to consummate the Dedication prior to September 15, 1988. E. Each party shall bear its own expenses incident hereto, regardless of whether the Dedication closes. F. This Proposal Letter may only be terminated by mutual agreement of the parties hereto; provided, however, in the event the Dedication is not consummated on or before December 31, 1988, then this Proposal Letter shall automatically terminate. If you are in agreement with the terms and conditions of this Proposal Letter, please evidence your agreement by executing a copy of this Proposal Letter in the space provided for your signature and return such copy to the undersigned. Upon your execution and delivery of a signed counterpart of this Proposal Letter, this Proposal Letter: (i) shall constitute an agreement which will be binding on and enforceable by each of us, our respective successors and assigns, in accordance with the terms hereof; (ii) shall be governed by and construed in accordance with the laws of the State of Texas; (iii) shall set 1 City of Round Rock, August 3, 1988 Page 9 forth the entire agreement and supersede all prior agreements and understandings, both written or oral, by or among us with respect to the subject matter hereof; and (iv) shall be subject to change, modification or assignment only upon our mutual written consent. Attest: nn Land, City Secretary f. \maherndo \9588 \0025 \Proposa1.08 [Rev.08 /02/88 aJ3 Respectfull submitted, BEN FRAN By: FRANKLI n L. German ION esident / S y O� / ATI ON ti 1/7 enneth L. Anderson Vice President KILLEEN SAVINGS ASSOCIATION By: By: J n Ramzy ce President ACCEPTED AND AGREED TO this 3rd day of August, 1988. CITY OF ROUND ROCK, TEXAS Mike Robinson, Mayor Scale: 11'22000i .1 Wate= Line Extension - Gattis School Rd $115,200 $ 57,600 $172,800 H to G 18" line Line Extension - CR 122 154, 800 51, 600 206, 400 G to E 24" line Line Extension - CR 122 . 115, 200 38, 400 153, 600 E to D 24" line Line Extension - CR 122 -- - D to C 16" line 115.200 Subtotal $471,600 $176,400 $646,000 Line Extension to Bushy Creek 216, 000 43,200 259, 200 Regional Treatment Plant D to J 18" line Graywnter Irrigation Line -0- 255.600 255.600 Subtotal $216,000 $298,800 $514, 800 7btal $687,600 $475,200 $1,162,800 1•\m,b,rndo \9501 \0025 \T,bIu1.02 TABLE 1 OFFSITE UTILITY COSTS FRANKLIN 582 ROUND ROCK, TEXAS Cost to Cost to Total �_ _itv Surat — Qz�eywaaJ Briefs 0 0 n 8 ound Rock to vote on golf course Round Rock golfers will be playing closer to home if voters approve a municipal golf course in a June bond Option. "Ideally we would like to, have somebody to donate 200 acres to the city," Council member Charlie *pepper said. "But what we'll probably do is look at several tracts of land and go to the people in a bond election in June." He said that many Round Rock golf - ers, including himself, drive to Austin, San Marcos, 1 astrop and other cities to golf. The proposed project will include an 18 -hole golf c urse, a driving range, a gift shop and a club house. Culpepper said he does not know how much the land will cost taxpayers, but he hopes revenues from the golf course will offset bond indebtnese: - xc f 4 1- CITY OF ROUND ROCK SEPTEMBER 28, 1989 FOR IMMEDIATE RELEASE CONTACT PERSON: Robert L. Bennett, Jr. and /or Stephan L. Sheets 221 E. Main St. Round Rock, Texas (512- 255 -3612 Thursday afternoon, September 28, 1989, Judge Pete Lowry of the 261st District Court denied a petition for a temporary restraining order which was filed by Southwest Golf and Development Corporation against the City of Round Rock and J. C. Evans Construction Company. J. C. Evans Construction and Southwest Golf were the lowest and next 1 lowest bidders respectively for the construction of the City's proposed golf course. Southwest Golf's bid exceeded J. C. Evans's bid by more than $538,000.00. In its petition, M. D. Smith, President of Southwest Golf, made allegations that J. C. Evans was not qualified to construct a golf course, and requested the Judge to restrain the City from awarding the contract to J. C. Evans. After hearing the evidence presented by the City, Judge Lowry denied the request. The qualifications of J. C. Evans have been thoroughly investigated by Jim Nuse, the City's Director of Public Works, as well as Richard M. Phelps, the City's architect. J. C. Evans has been the contractor on several golf courses in the Austin area including the Circle C Ranch golf course, the Austin Country Club golf course, at the Davenport Ranch and has recently been hired to complete the Barton Creek Country Club golf course. The City is pleased with Judge Lowry's decision and plans to proceed on schedule with the construction of the golf course. (Attached are copies of letters relative to the qualifications of J. C. Evans.) Mr. Jim Neuse Director of Public Works City of Round Rock 214 East Main Street Round Rock, Texas 78764 Re: Davenport Ranch Austin Country Club Dear Mr. Neuse: PDG /clh WESTVIEW DEVELOPMENT, INC. 5000 Place On The lake, Suite 275 Auxin, Texas 78746 (512) 328-0276 September 26, 1989 We have a long history with J. C. Evans Construction and are pleased to recommend them to the City for the construction of the golf course being contemplated. In the Davenport Ranch, J. C. Evans Construction has built the Austin Country Club, all of the maj or aspects of the golf course and many of the streets and utilities. In particular with the golf course construction, J. C. Evans performed all of the earthwork and the construction of the cart paths, as well as being involved in many of the other construction activities from start to finish. If you wish to discuss any details of the construction activity of J.C. Evans within the Davenport Ranch project, please feel free to call me. Sincerely, Philip D. Gully BRADLEY DEVELOPMENT • THE CASTLE • 111 I WEST 11TH STREET • AUSTIN, TEXAS 78703 • (512) 480-9821 September 26, 1989 Mr. Jim Neuse Director of Public Works City of Round Rock 214 East Main Street Round Rock, TX 78764 RE: Circle C Ranch Golf Course Dear Mr. Neuse: I am pleased to inform you that J.C. Evans Construction has worked on our golf course, streets, wet and dry utilities and commercial building projects for Circle C Ranch. We have had nothing but success with J.C. Evans with respect to timing, quality, and cost. On our golf course, J.C. Evans was involved in numerous stages of construction from beginning to end. We are very confident that they will provide you with the success we have had. If you have any questions, please do not hesitate to call. Sinterj Y, 47i my Nu Ste •- - rtlett President, Bradley Development, Inc. SPB /krs .. i��` �v .?f?+:�5fijt= .vask.� ?.'�;�<i+laa a'a-'ilyl��; i� .�i :Y :�%�? `,: F•�, t:i<t N!„1= TEL No. • RICHARD M. PHELPS, LTD. GOLF COURSE ARCHITECT . September 25, 1989 Mr. Robert Bennett, City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Dear Bob: • P.O. BOX 3295 EVERGREEN, COLORADO 80439 303-670-0478 Sep 26,85 3:14 No.002 P.02 Re: Recommendation of Award, Round Rock Municipal Golf Course We have been asked to give our recommendation for contract award for the Round Rock Municipal Golf Course based on our evaluation of bids received and evaluation of the qualifications of the J. C. Evans Construction Company, Inc. As we have.informed you in previous telephone conversations with various City staff members. there appears to be some question as to whether the J. C. Evans Company mis- represented information in their Statement of Bidder's Qualifications relative to thein having been the General Contractor on. and have completed. two 18 -hole regulation golf courses. Technically it would appear that they were not the "General Contractor" on the:two courses listed but had demonstrated their ability to perform various phases of golf course construction. A General Contractor must be someone capable of directing all phases of the work, using his best skills and attention. and be responsible for construction methods, techniques and procedures. He is also res- ponsible for proper sequencing and coordination of all phases of the work. It has been explained to us that City regulations do not require that the General Contractor perform the majority of the work and can. in fact, "broker" the various elements of the construction to qualified sub - contractors. After evaluating the overall experience of the J. C. Evans Company, and their involvement in some golf course projects, we would qualify our recommendation of approval with the understanding that the Contractor will agree to sub - contract with Johnson Golf Course Construction. Inc., as listed, for elements of the work dealing with construction of greens, tees and traps, finish grading and irrigation system and pump station installation. These items are essential to a quality finished product. Having worked with the Johnson Company on several previous golf Course projects, we are confident in their expertise. AMERICAN SOCIETY OP OOLP COURSE ARCHITECTS AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS < �N�', f3• A{ x: t`; r. �. wr;...! i ic:• �'- �- ��£�'L±S.�S- :;�e;` ts:.;' ' �.� x." � +,: �..; tr _ ., `?� ..,_�3'��S`�'., C�i.- �*/:�^; T°,ev* �'aY! -i - ?y� q�, :.wr�f:9;a:;a.`.'I•'}'�+fi?.��1 Mr. Robert Bennett City of Round Rock September 25, 1989 Page Two Sep 26.89 3:14 No.002 F'.03 Even though there is no requirement in the Contract Documents that the sub - contractors be approved rp for to signing the contract, we would urge the City to make everTiffort, prior to the Notice of Award, to extract a written agreement from the J. C. Evans Company that, when the Contract is signed, they will employ the sub - contractors as listed. It is our understanding from the Contractor that he will provide to the City and our office, letters from both of the companies involved in the overall developments which incorporated the Austin Country Club and the Circle C Golf Course prior to City Council action on this pro - ject. We should point out that it is also a requirement under the Instruction to Bidders that the Contractor provide to the City and our office, prior to signing the Contract, an overall construction schedule for the pro- tect. The schedule is to start with the proposed date of signing the contract and outline all approximate completion dates for all phases of the work to.show how the work will be completed prior to the completion date of May 15, 1990. We recognize the significant difference between the J. C. Evans' bid and the next low bidder. However, the J. C. Evans Company has exhib- ited significant experience in earthwork and rock excavation within the Round Rock /Austin area which provides assurance that they are aware of the problems dealing with these items, Their written assurance that they will utilize experienced sub - contractors in the critical areas of golf course construction, and their ability to manage projects of s i g - nificant magnitude, should provide the ingredients for a successful, quality project. Sincerely, Richard M. Phelps, A.S.G.C.A. RMP /ep cc: Mr. Bob Husband. CCA Silband CITY OF ROUND ROCK, TEXAS AUGUST 3, 19 FOR IMMEDIATE RELEASE Contact Person: Bob Bennett City Manager 221 E. Main St. (512) 255 -3612 The City of Round Rock announced plans today to build a major new public golf course east of County Road 122 on land to be donated to the City by Franklin Savings Association of Austin. The City will design, build, and operate a championship municipal golf course on appro::imately 170 acres of a 582 acre tract of land Franklin purchased in 1934 that lies just south of Oak Bluff Estates and Round Rock. Country Club, both of which are owned by Killeen Savings and Loan Association. Killeen Savings has agreed to help acquire an additional 20 acres outside the Franklin tract to help complete the construction of the new golf course. Round Rock officials believe the deal is a "win -win situation ", according to Mayor Mike Robinson. "We've got two outstanding, public spirited savings and loan institutions working with us on developing revenue - producing land," he said. "A public recreational facility of this kind, along with the planned upper -end housing component which will develop around it, will add immeasurably to the community's economic vitality. It is a valuable recruiting tool that helps encourage businesses and the professionals and managers who run them to settle in our community." Because neither the Franklin tract nor Oak Bluff Estates is currently in Roi.ind Rock's City limits, their annexation will bring an added bonus of significantly increasing the City's growing tare base. zo PRESS RELEASE August 2, 1988 Page 2 "Round Rock's economic development efforts over the past couple of years have been outstanding," said Joseph N. Matlock, Chairman and CEO of Franklin Savings Association. "A public golf course will further enhance the appeal of living and working in Round Rock and Franklin is pleased to be able to assist the citizens of Round Rock in reaching that goal." Robinson noted that the pact is "a major strategic move in Round Rock's growth at minimal e.pense to the citizens. We have obtained the ground at no cost and will use a lease purchase, pay -as- you -go funding vehicle. We will have the benefits without the indebtedness that generally goes with such a major facility." Richard Phelps of Denver was chosen as the course architect, in conjunction with Austin based Hoffpauir Design Associates, headed by Corey Hoffpauir. Officials predict the course will experience a high usage rate -- 40,00() rounds - -in its initial year alone. John Ramzy, Vice President of Killeen Savings commented that he is "extremely pleased" that e• :perienced professionals such as Phelps and Hoffpauir will guide the project. "The City hopes to have the course under construction in ninety (90) days with a completion time of less than a year," he said Such fast tracking is possible because of the cooperation of all parties involved." COMPANY NAME ADDRESS ROUND ROCK MUNICIPAL GOLF COURSE BID PACKET PICK -UP INFORMATION MAILED/ PICKED -UP Att., _ Ate. Coug , - ZS g',' 609 S La -"near Ro,3 ox 1508 AuS�i�i. lx 787(07 P .� eL 2. - &ten, : 9ae, pia twi --ed a , 1/31 aJo eaarnp (UioCtJ- /1"lLiJa, Te. 7970/ CONTACT PERSON PHONE NUMBER ' Po. 6 orC 9/ &3 /cJ ;04, ,&:?_„ 7i 6 7,7 77 Ix i k 2/7 =_, D 505 . un /4, d S(,u . 3/0 Av �-, (,(..r'ha 5. . RcLuac,lA,'1, a.1..QQd/ 0. gaatp 110dAd sN -35 .D.u- l..d,v,buta•oi 710.2.ol eocL 9- . 19-8 9 7 . SCUM, gUnviVi 0,trrt cab2 4 U P5 Cop g- 4 fAiat eke, . a9 -46/ ,oal. 61.14n , 5',504 JLQ.. &l1Q.Qir . 6)11(1)4)4.6. . 4) '1)& LLPP C'OD 81-9 c l Q 307 CuLcQ. , 0,2.aJL.Qa ld a4} a a5s/ 9. 1J6 o& t &I )kou p a` -o j- . gcru.gm.z3G rita.JLd, uPa- eDD 3 a S ,a QLa i,ru ,eoa.d, SSt c , 0200 Ina.d c;oo-n,, /737//5 10. 6. G. agorvi.. Coryt t - Maack L v a a , e t c ( 1 : 4 I519 b,i pi Gl e.4., +,u 14ou.otsn) ) 1P-04) T70 80 11. t fl. sir .k .'11,4 0,9Yt.ag `1144.a.UL cp' 5Q , ,du-e- 3 , 12! &,ee, Q)), 2oac(, _ Qi ,rct• 787 /s 1- 3/- 7 J 12. al j q q, ( -!�,, -'�QQ I. mod/ 0 a [ i¢ J1( / 5;4 1 13 . I A . ..j ac �k.� 0 4 L` �J � a , .(ii.�) 71, lop 1 K.i�ri✓�h �/ NV� L,a �,�. !x 7o1g 33)-R,) �iac nn_- � nq/ 1 a . �. 4111°11A - 0 r . l: - . 1:214" sou-92 &Or %- 'fcwA/ 7 4 is6,2 b. &4 € Thd-tao-th 7 1 9 ,d P 0 A + 51.Q o An i, c0 , . Pa', Cep e4add 5"043,-/ q-5-8 9 t aw COMPANY NAME ADDRESS ROUND ROCK MUNICIPAL GOLF COURSE BID PACKET PICK -UP INFORMATION CONTACT PERSON X9 /5 (y DorcC .�. i o o ' ' 1260704 �,�( y� ; 17. / ' I � 5pAi nkt uu ?t ` / 0 .4) anyco seoa (vton - 004- 7 - 3/ - Y �o 18. hAlc) Cl / 1 9-5 ,c em± col) 110 kict,LA± U • .cn(.(z iy. `7f6 /O 41 i ' I 23. 24. 1-4 DA .1L f7sa�� tirithAt(t) 0i 43-6 Cam- p VIP Z PHONE NUMBER 43 ma.L&Lcb c7-/--g9 25. Nf ault1/VV ' - e- . r 4\r . - ), p/u 1-747 Po.okoct w.i 6 10 I :• TV-.if 711D- MI444 g �, k c 1() ri± - ! �! t-i, .! rt; ,�� c- S1..c.±v } 44 _ ; 4 7-° I A 0 ) t.- ^�i ±J .� ! J i , () -U • .�.L)�J 4_ (1 . I •Jt f r I (5')A, et/. 9/141k.o 1 47l 1 Odd � %� p0.80 70a� )u 9 -g -� 7 I D. MAILED/ PICKED -UP ieCLuzCh. E. 17 /n Ut0M 1.4.4>7v _ C -t , otkl-gam " 'L c / :/2../ 1 1411 •« r ! &ji _ y — Le i _ .�ii ir./ L tines . .P . "7 63 -4 .£( LDh J ike, 6 AAARk_ 3O Lu. 6 g 030 y), d og -83c9-104-n • 1 90,C,ob I I eRMISTO d u 9 - • (1 LS' 13 33 4 7 ITEMS J.C. EVANS CONSTRUCTION SOUTHWEST GOLF WILDCAT GOLF BRUCE COMPANY RDM CONSTRUCTION A) SITE PREPARATION $ 41,915.00 $ 59,269.00 $ 82,830.00 $ 51,753.80 $ 96,430.00 B) EARTHWORK 738,733.01 1,076,295.50 1,051,416.00 1,351,553.15 1,892,293.00 C) WATER CONTROL /CULVERTS 14,753.80 20,344.00 25,058.00 22,463.90 37,320.00 D) SODDING /SEEDING /SPRIGGING 93,628.00 107,420.00 139,075.00 109,609.50 115,158.00 E) CART PATHS 75,936.00 83,055.00 110,740.00 120,232.00 109,158.00 F) TRENCH SAFETY 895.00 1,300.00 1,500.00 1,675.00 5,000.00 G) BLASTING 25,200.00 67,200.00 72,000.00 66,960.00 144,000.00 H) IRRIGATION 670,000.00 785,000.00 860,000.00 720,000.00 780,000.00 I) CONCRETE SPILLWAYS 27,000.00 27,000.00 27,000.00 27,000.00 27,000.00 J) LOW WATER CROSSINGS 152,500.00 152,500.00 152,500.00 152,500.00 152,500.00 K) ROAD CROSSINGS 55,000.00 55,000.00 55,000.00 55,000.00 55,000.00 TOTAL $1,895,560.81 $2,434,383.50 $2,577,119.00 $2,678,747.35 $3,413,859.00 PRELIMINARY BID TABULATION GOLF COURSE Publication Dates: Austin American Statesman September 11, 1989 September 18, 1989 Round Rock Leader September 14, 1989 September 21, 1989 NOTICE TO BIDDERS Sealed bids addressed to the City Secretary, City of Round Rock, 221 E. Main Street, Round Rock, Texas, 78664 for a 1500 GPM Custom Pumper for the Round Rock Fire Department will be received until 10:00 A.M., Tuesday, October 31, 1989 and then publicly opened and read aloud. No bids may be withdrawn after the scheduled opening time. Any bids received after the scheduled bid opening time will be returned unopened. Bids must submitted on City of Round Rock Proposal forms and bid envelopes must be marked "1500 GPM CUSTOM PUMPER BID ". Proposal Forms, Specifications, and Instructions to Bidders may be obtained without charge from Chief Lynn Bizzell at the Central Fire Station, 203 Commerce, Round Rock, Texas 78664. JOANNE LAND Assistant City Manager / City Secretary NOTICE TO CONTRACTORS Sealed bids will be accepted by the City of Round Rock, 221 East Main Street, Round Rock, Texas 78664, for furnishing all labor, material and equipment and performing all work required for the construction of the Round Rock Municipal Golf Course. The work to be performed under the provisions of the Contract Documents shall consist of the construction of an 18 -hole Round Rock Municipal Golf Course located East of town within the Franklin Tract off County Road 122 adjacent to Oak Bluff Subdivision to the South. The Contractor shall be responsible for providing all superintendence, equipment, labor, supplies, materials, transportation, etc., for completing the project as detailed on the bidding plans and in the Contract Documents. Bid forms, specifications, and instructions to bidders may be obtained from the office of the City Secretary, 3rd floor, City Hall in Round Rock, Texas beginning August 29, 1989, for a nonrefundable charge of Sixty -five Dollars ($65.00) per set. Bid envelopes must be marked "MUNICIPAL GOLF COURSE BID ". Bids will be received until 2:OOP.M., September 14, 1989, then publicly opened and read aloud. No bids may be withdrawn after the scheduled opening time. Any bids received after the scheduled bid opening time will be returned unopened. A pre -bid conference is scheduled for 2:00 P.M., September s 1989. All bidders are encouraged to attend but this is not mandatory. All bids shall be accompanied by either a certified cashier's check upon a national or state bank in the amount of five (5 %) percent of the total maximum bid price payable without 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 a performance bond within ten (10) days after notice of award of contract. In case of ambiguity, duplication, or obscurity in the bids, the City of Round Rock reserves the right to construe the meaning thereof. The City of Round Rock further reserves the right to reject any or all bids and waive any informalities and irregularities in the bids received. The successful bidder will be expected to execute the standard contract prepared by the City of Round Rock, and to furnish performance and payment bonds as described in the Contract Documents. When determining the responsibility of the lowest and best bidder, the City will require evidence of recent experience in the construction and /or supervision of construction of golf courses. Pub. Dates: Austin American Statesman August 27, 1989 September 3, 1989 JOANNE LAND Assistant City Manager/ City Secretary Round Rock Leader August 31, 1989 September 7, 1989 SIG'. U? SHEET • NAME' ADDRESS ••@P- - Fe-- r /kg/A L n d sS% e's,s _ � / 7g 7S0 /5' l', • • J b ��i3� �L / /3'/ lr�ie is�d , IAzcbc �ii� Tk'�i�l �/o �vnlat ocriciA C . /D /ate 31`3 / dJ-s ce/ �-I Z 71GZ S/ �CLEf �II�LCE� 2 d o x 1 ..4Doxi 'T 7.s e/ .d o. /z '/9 144 ji'7s3� 3. ,O&J APB /406 -Al y(0) /ii74 fry; S� .rc+_'j 2 10 (IPJG(�/9'12�5 r 0 ,6 uz 6 Gi dd AO • tEt_ flo 16. L2, /g -C7/ 7'41 ;611 „ s0; 14 o•13chp / Swirl fo < . 57 /./d.ess 25/& ,7 7S454 A lc 1 Ltl.u4 \ bsc. F F-17 75 /n Go p&---5 OV o Kiss c, 76./.) I-- 7/ C ) pct, ter 7s-0, /9 ,(41., ? ('or( fro o- 24 . 1 r0 uA . gate (...5e.E2-1f • 1) �51 0 ?g a• R(=; W4 c /,‘.kSr(YJ 7 $ 7C L F ULA- caT(td} k u//z/ T BAY - v co,” & VI434scof3 S Con 1 . ` Vo�:1L20vAct7� 'ASSIGNMENT OF LEASE . 17451 . THE STATE OF TEXAS , ' F 5 KNOW ALL'MEN BY.{THESE PRESENTS:' COUNTY 'OF WILLIAMSON § That PFLUGER XN PARTNERSHIP, hdrein called "Assignor ^,,:. 1 the present Landlord under that certain Lease Agreement between Ze1ma J. Pfluger, as Independent Executrix of the Estateiof Otto C. Pflug Werner M. Pfi'uger, Individually and L ,as'Attorney -in -Fact for Kenneth M. Pfluger.a'nd Karen Lamprecht, and Geotge W. Knebel, Individually and as Attorney - in - Fact for Ralph Knebel, Melrose.Z,immerman,•Helen Marie•Nelson and Luther 582.35 acres of land, more or less, out of the E.W. Matthews Survey Abstract No. 449', and the John H. Randall, Survey, Abstract No. 5311, in Williamson County, Texas, more particularly' described on.Exhibit "8" attached hereto and made a part hereof. Bp its acceptance of this Assi 9ninent, Assignee hereby assumes and promises to perform all obligations of Assignor under and pursuant to the aforedescribed Lease Agreement with respect to. that portion of the leased premises described above from and "'fir the date hereof. EXECUTED this /6710,6 day o &May, 1984. ASSIGNOR: PFLUGER KNEBEL PARTNERSHIP i,• a Texas general partnership +„ 'Knebel, as Landlord, and Herbert Bohls, as Tenant,.dated;August. 1,.1977, a copy of which Lease is attached hereto as Exhibit "A ", and made a part hereof, for a good and valuable considera- tion paid to the'undersigned, the receipt'anfl sufficiency of which are hereby acknowledged, has TRANSFERRED, ASSIGNED, GRANTED AND CONVEYED, and by ;these presents does TRANSFER, ASSIGN, GRANT AND CONVEY unto RICHLAND HILLS JOINT VENTURE, herein called, "Assignee ",.: all right and entitlements of Landlord under and pursuant to the • aforesaid Lease Agreement, with respect only to the following • described property: • •.RICHLAND HILLS J OINTVENTURE a Texas, Joint 'venture partnership ; This instrument was acknowledged before ins on the of May, 1984, by, Kenneth' M.IPfluger,`Managing Partner of PFLU KNEBEL PARTNERSHIP, a Texas•figeneral partnership, behalf of partnership. � k...... • I ( • . . My Commissiop' r •.. • Expires: : 1,z- • ° ' �. /� ... :en': . • • i,..1 • : `... �r t otary Pub c, State of Texas v • . \ N ' • . JOHNC KERB ''••..,.. . F Coeimadon Enptra 104.16 • This instrument was acknowledged before' _me •on the_ of May, 1984, by. Robert E. Clark, Venturer o£ RICHLAND HILLS J VENTURE PARTNERSHIP, ,w ...Texas joint venture pa tnership,,on bah said • partnership R y : p: �•.,,. My Commission •` O • f � 1 • . •� .• . • Expires': • `t ls� + ( `: N i , t \ 1 : y Notary Pu 1C , S . o :Texas •j �:►: , •' .JOHN G.KERR • • • • • . • .1 .....,....... • •• Notify l'utic, Side dTee THE • STATE' OF TEIA6.:O F ,,.•• • • My Commission Espies 10446 • COUNTY OF: TRAVIS• • • § • 1 !•inks+«: ' i , This' instrument was acknowledged before,ine on • � of May; 1984,'by Julian Zimmerman, Venturer of RICHLAND HI VENTURE, a Texas joint venture partnership',• on behalf. of sa partnership. ,,..... My Commission) Coie ...... . = Expires: :. . ; Notary Publi , state o .Texas n ` '+., i1 ( a r • •. wary ��LMe Sim win '' �J• '••••.•• Vo `IAy CommVsibn Fsdms IONS . . , ,,,o,F,,,.•'�' ' �` •• 1 • . • :,. . i a • A t ; property, ;.to -wit: 107S 'Acres out Of the E. W. Math vs,' J H. Randall, *and J. Neil ;y Surveys•ih Williamson and or Travis Counties; Texas ' located appr�ximately five .miles North of Pflugerviile and six miles Southeast of Round Rock, Texas,•Jcnown as the Ot C. Ranch, together, with the improvements situated thereon. • • The term of. this lease shall be from the lst'day of August •197 tho the. 314 day of with the option.to Tenant renew' this''' leatid ;for . foUr • (4i eucceseiL 'one 11? year periods ' inafter specified., hi THE STATE CP,TEXAS ' . OUNTIESOF TRAVIS AN'b WILLIAMSONI. X-. ��`• + ` This' coritract of •lease an d rental made and 'enterI ,into • " •• between J. Pfluge I .h ndependent Exrcutrix thelista ' C.•Pf1uger, deceased, v •,indite dual • ' as •Attorney 'In Fact for. _ . , W and //krs l{l , individual y and as: Attorney `ili',P • 10 • �/t. 'fit • ,ri�,• /� :... 1 1 1 1 t te44t � : 4 /rte a- • 1J- , hereinafter. called and Herbert eohlsehereinafter•called;. "Tenant ", ,; , .;;* I WI T NESS ETH I �, r Landlord hereby leases to Tenant to''occupy, and use for agr cultural, purposes, and for 'pip other'p Dees,_ the fol des , 044", • III • • Tenant agrees to pay'Landiord as ctthrent :ia advance tb Of $6.00`per acre per year,.' until' the house lodated oa;.eaid is available for Tenant's .use at' whic time •'f en$at agrelss • to per acre per year'prorated fori rem the: ainder of • the t e. • ti r•. shall pay' no rent on approximately 100 acres now. i!! odItiva said 100 ` a t e; availaible• for Tenant's. ;use., 1� • j 1' •. M • undar this • lease shall be . paid ,to Zelaa` . pflupi► Exe�lutrix, until'auch time as the.istat !�f Ot G I tq' 4; , s3 .a•'closing.letter from Internal Revenue Service and the Comptroller`. Of Public Accounts at which time legal title•to said leased premises shall be delivered to' . l t.he above named seven (7) Landlords, their. • heirs or assigns, after which time such rental payments shall be. . • paiddto the above named two (2) principal Landlords. .Tenant shall not interfere with the harvesting and removal of .crops presently under cultivation by Landlord, Landlord's agents, • or' by the person now growing the crops. any • -keep the farm, water system, and improvements in good condition. • Tenant agrees to make all normal and minor repairs that are necessary to keep the farm,-fences water systems and buildings in good condition. Landlord shall pay for -the materials and,Tenant shall • provide the labor to erect fences around the unfenced areas currently • ' t . under•cultivation and the placing a cattle guard at the road entrance,. VI. Both Landlord and Tenant shall have the right to cut wood or timber off the.leased premises for their personal use, 'provided • . that said cutting is in a reasonable amount. The profits from any ' wood or timber sold shall be divided equally between Landlord and Tenant. 1 v . 1 Landlord agrees -to make such major repairs as are required to Tenant shall tore, at Tenant's Tenant shall also payments from the • IV. •VII. have the•right'to•s_od, or :place .n perthanent pas - expense, the areas presently under cultivation. have the right to negotiate with,.and receive any-, ASCS office of the U. S. Department of Agriculture.' j VIII. • Tenant agrees to obtain and maintain in force during the tern ,of this lease, any exte thereof, at hisown'expense, liability insurance in the amount'of $100 with animal collision protec tion. Tenant agrees toindemnify,save'and hold harmless! Landlord . r • of and'from.any and all claims, demands or, causes of damage eith'er;to person *r to property occurring upon the le premises during the term of this lease or extension thereof., • • 'IX. Landlord agrees to Atccure. cure an4 maintain in force duriSag this term of this lease, and .aO7 thereof,•at theirown:e fire .and extended insurance on the house :inthe •`, ; Landlord shall pay :all ad valorem- taxes.• on the land and'im hove =. ments during the term .of this lease and any extensio thereof Tenant shall pay all taxes for all cattle, equipment, and,perao al property placed in or upon the leased premises by him. h4 � • 'Landlord reserves the privilege and right to' sell up • ';�,,;''� .• acres, of. said leased premises without voiding .this, agreement, p vided leased premises. reasonable notification of the sale is given.to If:the= Independent Executrix sells any ..1 carrying •out provisions of 7 � the Will.of Otto'C. Pfluger, the lease rental. shall be prorated` e' to the acreage 'so `sold. If the other Landlords :sell up, to 200 - acres ., Tenant shall be compensated for his loss. If Landlord`and•Tenant r! cannot agree on Tenant's \ loss, said amount will be determined••by arbitration as hereinafter'provided. property over 200 acreb that is sold must be sold subject to this lease, however; suchsale` shall not void•Tenant's option to,renew this lease.' In the event of' the sale of any land the Landlord.agreeto bear'a1 the cos of bu a fence between the acreage sold and the remaining acreage o the - Landlord reserves the right for themselves,, theiremployNS` guests to enter'upon the leased premises for the purpose of hunf fishing or any. ether rea purpose that will not,interf4r. vith Tenant's occupancy of the leased premises. Such en shall to Landlord's giving Tenant' notice'as'to Whom 'will! sit the „1* AARelp4t- the purpose; •:o£, the visit and the. tirn ,of the visit. XIII. ' • The Tenant shall ri ot have the right to assign-this lease, or :subl t'any portion of the leased pre1nises without the writteJ consent of Landlord, except the house'and,yard. xlv. ".In'the event either•party willfully neglects or refuses to carry out any matekial provision of this lease, or if Tenant abandons, the premises, the other party shall have the right, in addition to • compensation for damage, to terminate.this lease. The lease may be terminated after serving written notice on the party at fault specifyin the violations of this lease, and if violations are not' - within 30 days, the lease shall be terminated. Notices under this ' provision shall be in writing and sent by certified mail with return receipt"requested, addressed: if !to Tenant, Herbert Bohls, , Pflugerville, Texas; if to Landlord, Zelma J. Pfluger, P. 0. Box 787, Pflugerville, Texas; and name address name a•• ress or.at' such other addresses as Landlord and Tenant shall designate in writing. XV. 'If the parties to this Ieas.e cannot reach an agreement on any • � r m the difference' shall be submitted to an Arbitration Committee. .composed of three disinterested persons, one selected by "Landlotd, one selected by Tenant, and the third by the two thus selected. Their findings and decision shall be.binding on both parties. XVI. Landlord grants to Tenant an option to renew this lease for flour •(4) successive one (1) year terms after the expiration of the primary: ( term an ,7uiy 341978, for the cash`°sum in advance of $7.00 per acre, per year, with 'the other terms, covenants, and conditions-of:the renewal lease to be the. same. To exercise such option. Tenant must give Landlord 'Written notice of his intentio 30' days before' the expiration of'each term. 1 EXECUTE in quadruplicate originals.effe Aigust, 1977. . Zelma J. Pfluger,•Indepenent Exeeutt of the Estate of Otto C. Pfluger•. Herbert Bohls• a to do at 1.ait � e the let day ol 1 . The lease as'attached and dated August' 1, 1977; shall be exte cover the period from August 1, 1983 to July 31, 1983. 2. The acreage leased &hall be 785 acres. A contract to sell 100 ores, 'Mown as Tract A on an• attached map, is pending. If this 100 acre parcel 'is not sold it may beincluded in the leased acreage at landlord's option. 3. A 100 acre tract of 100 acres on the east property line (Tract 0)=7 be sold at any time and removed from the lease., Tenant will be given a three month notification period. . : I , • 4. 0p to 100 acres_adioining the west property line maybe Bold tgli any time and removed from the lease, provided s three month notification • period is given to the tenant. 5. Landlord shall reimburse tenant on a pro rata basis for any land . removed from the lease. . i . 6. Rental shall be $6.50 per acre per year. ... 1434 7. .Both parties shall agree to any extension of this lease by Ap 1,49631 Sections XI and XVI of the lease are no longer. in effect. EXECUTED IN NO COPIES AND EFFECTIVE AS OF AUGUST 1, 1982► Landlord 0 V Tenant Pfluger — Knebel Ranch Partnership Herbert Bohls by: Kenneth Pfluger AEG: « , Reb3 • .• ;ur.w�wiYyp.E 4,� .; .. 1 „-- _ - .. ... ... . _ � - . . . � O -- - ---- -'— - — �— ". ,_ _ .. .. . � : - `— • . _.- _ _ a _ _ _.� _.._ ---.. .._. _ - � _ � _ - _ �- _ __ . _--� -- ..._- -=n.� . . � . _ � . • '• FIELD NOTES FOR MR. 808. CLARE: : • 1 . • BEING 582.35'acres of'land, of` high 237.13 acres are situated in the • E.. W, Matthews Survey, Abstract No. 449 and 345.22 acres are situated An 'the John H. Randall Survey, bstract'No. 531 in Williamson County, Texas; said land being,a, portion bf that certain First Tract,,cilled • .,640 Ares, and Second Tract., called 289 acres, as conveyed to'Otto C. • Pfluger by deed as recorded in Volume 347, Page 574, of the Deed. Records of Williamson County, Texas,.and that certain tract of land, called 100 acres, as conveyed tb,Otto C. Pfluger by deed as recorded • in Volume 355, Pate 394, of the Deed Records of Williamson County; Texas: Surveyed . OA the round in the month of January, 1984, udder -the supervision of R. T.tHagness, Jr.; Registered Public Surveyor, and being more particularly described as follows: . • ' BEGINNING at an iron'pin at a fence Corner on the East line of .County Road No., 122, and being the N.W. corner of the above-referenced' 100 -acre Pfluger tract, for'the N.W. corner hereof'; said point being on or near the North line of the John H. Randall Survey, A -531;1 THENCE, with a fence.along'the North line of the said 100- acre.Pflugser tract, and along or near the said North'line of the John H. Randa114, Survey, A - 531, as follows: S 89 ° ,34' 30 "1E, 925.10 feet to a 40d 1 nail set; S 89' 06' 30" E, 1014.51 feet to an iron pin found; S'89' 15' 30" E, passing the N.E. corner of the said 100 -acre Pfluger tract and the most northerly N.E. corner of the above - referenced Pfluger Second Tract, and continuing with a fence along the North line of the said Pfluger Second Tract, for a total distance of 1021.61 feet, in ,all, to a 40d nail set; S 88 53' E, passing by or near the N.F. ' corner of the said John H. Randall Survey and the N.W. corner of the E. W. Matthews Survey, A -449, being the N.E. corner of the said Pfluger Second Tract'and the N.W. corner of the above - referenced Pfluger First Tract, and continuing with the fence along the North line of the said "Pfluger First Tract and along or near the North line of the said E. W. . Matthews Survey, for a total distance of 1031.93 feet, in to an iron pin found; S 88° 50' E, 381.12 feet to an iron'pin set at a: fence corner and S 89' 13' E. 503.24 feet to a metal post, for the most northerly,N.E. corner hereof; THENCE S 12 04' W, 612.06.feet to anriron pin set; S 48' 10' W, 766.74 feet to a 40d nail set in a fence, and S 9' 57' 30" W, 425.53 ' feet, with the said fence, to an iron pin set for an interior corner hereof; THENCE S 89' 17' E, 3241.38 feet to an iron pin set in a fence on East line Of the said Pfluger First Tract, being on or near the East line of the E. W. Matthews Survey, for the most easterly N.E. corner hereof; 1 THENCE, with a fence along the said East,line of the Pfluger Fi6t Tract, and along or near the said East line of the E. W. Mattheva Survey, as follows: S 0'. 48' W, 437.70 feet t� an iron pin set ;at •. a fence corner and S 0' 45'.30" W, 1533.03 feet to an iron pin Set, for the most easterly S.E.: corner hereof; f THENCE N 89' 17' W, 2581.89 feet to an iron pin set for an interior corner hereof; 1 , THENCE S 0 43' W, 1512.14:feet to an iron pin found at a fence leorner for the most southerly. S.E. corner hereof; , - �' THENCE, with a fence, N 89' 19' W, 1125.00 feet to an. iron pin s on or near the common line between the said E. W. Matthews Survey and the John H. Randall Survey, being the common line between thi , said Pfluger"First.Tract and the said Pfluger Second Tract, and 'Pagel f 2 Job' lb.' 9205 . :,,;,;, •; ry n�. is NOTE: • • S 87' i O3 , 163.99 feet to in iron pin found for ;h4 moat souther S.W. corner hereof:-. � THENCE N 1' 23'•30" E,. 431.50 feet to an pi corner•hereof; found for an intet of THENCE •N 88 56'.30" }306 09 feet to iron pin found marking the •': S.E. corner of Jackrabbit Subdivision,, a Subdivision of record in 'Cabinet E; Slides of the Plat Reco rds of Williamson County, Texas,;for a southwesterly corner hereof. . THENCE 'N 0 58' 30" E, 790.36 feet to an iron.pin' found narking the N.E. corner of the said Jackrabbit Subdivision for a interior corner . hereof; • - .( THENCE 'N 88' 41' W, 2404.80 feet•to an iron'pin found on the said East . : � line o4 County Road No: 122,, marking the N. corner,of the said Jack. •'' :W rabbit1Subdivision, for the most westerly S.W. hereof; THENCE., with a fence, along the said East line of County Road_'No.,122, >' as follqws: N 0 43' E, 1443.73'feet to a 40d nail set; N0'.16' E 1822.83 feet to an iron pin set; N 16. 26' 30" •E, 40.50 feet t0: an iron pin set; A'.6' 38' 30".W,159.14 feet'to an iron. ;pin set and•N 1''r1'' 255.13 feet to the place of••BEGINNING and containing acres of ' land. 1 1, 1 NOTE: } The above- described•tract of land is, subject to a 10 -foot -vide Public *' Utility Easement along and 10 feet South of the entire mbst northerly', North line. The above - described tract of Ian is Creek Water Control'and Improveae t I and Milam Counties of record in Volun Records of Williamson County, Texas.. KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON 1 I, R. T. Magness, Jr., Registered Public Surveyor, do hereby cerCify''. that the above- described tract of land was surveyed on the ground under • my personal supervision during the month of January, 1984, and that said description is true and correct to the best of - knowledge, and belief. . TO CERTIFY WHICH, WITNESS my.hand and leal.at Georgetown, Li1liiison' # ; County, Texas, this 'the 12th:day of 'Janyy0,•1984, A.D. ! : • Access to a acre trac n•'t E. corner of the said,,Pfluger- First Traci is along an -- existing Pasture`Road or as shown; sagd access • -,to be 60 feet vide. • , ; subject to an easement to Brus istrict No 1 of. Will '. e 430,:Page 643 of the Deed .: Mapes $ Jr. . 1433• • ci c`i • • ,. •cr era ' 1..t • STATE OF TEXAS COUNTY OF WILLIAMSON I hereby ceitify that this Instrument was FILED on the date 'and at the time stamped hereon by me; and was duly RECORDED, in the Volume and Page of the named RECORDS of Williamson County, Texas, as stamped hereon by me, on JUN • l i984 t � COUNTY CLERK WILLIAMSON COUNTY, TEXAS • r :ASSIGNMENT OF LEASE_; • 1: _.THE STATE OF TEXAS . OF' WILL IAMSON I Thdt Richland. Hills Joint Venture, - herein c•lled • "Assignor ", the !present Landlord under %that Certain ease Agreement betweer< Z elma'J: Pfluger,' as Independent Exec trix o the Estate of Otto. C. Pfluger, Deceased, Kennet M. !. Pfluger; individually and as Attorney-in-Fact for Kenne h P: Pfluger and Karen Lamprecht, "and ' George W. Kn lndi and as' Attorney for. Ralph Knebel, 'Melrose :Zimmerman, Helen Marie Nelson and Luther'Knebe as Landlord, and Herbert Bohls, as Tenant, dated August 1,J 1977,• a copy of which Lease is attached hereto as Exhibit "A ", and ". made a ,part hereof, f'or a good and valuable considet paid to the undersk•gned, the receipt and sufficiency of which are- hereby' acknowl'edged,, has TRANSFERRED, ASSIGNED, GRAN1ED , AND CONVEYED, and by these presents 'does TRANSFER, AS §1GN, GRANT AND CONVEY unto•BEN FRANKLIN CORPORATION; herein,called . "Assignee ",• all right and entitlements of Landlord under and • pursuant to the aforesaid Lease Agreement, with respect only ' , to. the following described property:. • 4• ..:.1 . ?KNOW ALL MEN BY THESE PRESENTS: PAGE c y10.i 582.35 acres of land, more or less, out of the E.W. Matthews Survey Abstract No. 449, and the John H: Randall Survey,. Abstract No. 531. in Williamson County, Texas, more particularly described on Exhibit, "B" attached hereto andimade a part hereof. By its acceptance of this Assignment, Assignee hereby assumes and promises to perform all obligations of Assignor under and pursuantto. the aforedescribed Lease Agreement with • 4 • respect to that portion of the leased'•premises described • above from and after the date hereof. • EXECUIE4 of May, 1984. ASSIGNOR: • ,RICHLAND'HILLS JOINT VENTURE a Texas general partnership • OFFICIAL RECORDS wntuMwN cOYNTX TM' I s: Managing Partner ACCEPTED BEN FRANKLIN CORPORAT a Texas cot oration. THE STATE, OF TEXAS COUNTY OF. TRAVIS day of Thi in umetit was ledged.before me' on the 1O , 19 by Robert IE Clark, .Manh — Tn r Partner o Rio ill ,oirt Vgnture, a: Texas] general partnership, I. P G i.. •oh said p artnehship . Not ary Publ ic; State.of I 'fexas - ..�; v ,' . '. �•, ,6 v►' M commission, expires: 101W11N R' THE STATE' OF %PE)CA•S' ..• ••14 • ` My � COUNTY OF TRAVIS':""";!"''' This instrument was on t acknow ed ed•befo t ate e e',` iY1A� 19W, y P- t of Ben Franklin Corporat on, a Texas :corporation. t. ; 111$0 14 4A 617::* Atteg i NNIINt.P L 4re* ' • ; •• ' • • I F. : .....vntio20PAGE 83 • • . "... , .. ' THE HTATt. 4' ?TEXAS . F • . . ' .; , ' X . . . • , • ',': : ..* •. i :, '.. • ! __'' •• . _:•• • ; `: . x• ..' • COHNTIES orTHAvis AND pW.TLLIANSON ; . ,X ,, - ..... , .. i ' . • .".. *. -. .... .v , This contract of1ease'and rental made and entered into by ancl:- bet en Zelma J. Pfluger, .Independent Executrix of ,the Estate of Otto [ C. Pfluger, deceased,. /..-..,-(9-i,,re2c; A/' • Individually and as Attorney In Fact for - .4‘i -0 • .e. ." C.. s' andge,u-it.76'744$4-777 (/ • '. 1;_.c...v"..e 1(1 /1:-zege-e- , Individually and as Attorney In Fact for . • , ,..94. I /.41",‘,7,a it Y 174114 . , and 44:X4b..4/ •• , hereinafter called "Landlord",- and Herbert,Bohls,'hereinafter called "Tenant", Landlord hereby leases to Tenant to occupy and use for agri- •cultural purposes, and for no other purposes, the following described . • properiy, to-wit: • ‘ .1076 acres out of the E.W. • Mathews, J.. H. Rahall, and J. H. Neilly Surveys in Williamson and/or Travis Counties, Texas,' located approximately five miles Ndrth of Pflugerville and six miles Southeast:of Round Rock, Texas, known as the Otto C. Pfluger Ranch, together with the improvements situated thereon. The term of this lease shall be from the 1st day of August, 1977, • through the 31st day of July, 1978, with.the option to Tenant to renew this lease for four (4) successive one (1) year periods as here-. .-'inafter specified. • • 1 III. Tenant agrees to pay Landlord as cash rent in advance the stun of $6.00 per acre per year, until the house located on said property '. iS available for Tenant's use time Tenant agrees to pay $7.00 . • e , per acre per year .prorated the remainder of the term. Tenant . • • shall pay no rent on approximately 100 acres now in cultivation until Said 100 acres is available or Tenant's use. All rental.paymenti • .• .Under this lease shall%be paid to'Zelmi J. Pfluger,.Independent . -. • . , Executrix, until Such time as the Estate of Otto has obtained WITiiESSETH: • 1. # 11( . . • . . Cr el • ' - ''' . 'fi a closing letter from ;Internal•Revenue.Service and the.0 Of Public Accounts at time legal title tn' leased Prim* shall be delivered to'the above named 'Sven (7 i :'Landlords, their• heirs or assigns; after which .time such tental. payments. slat bi . paid to the above named (2) ords . !.IV. • • Tenant shall not interfere with the harvesting and r al of any crops presently under cultivation'by Landlord,.Landlord'g agents, or by the person now growing the crops: i a: • V. �. Landlord'agrees , to ma such major repairs as are required the farm waters stem, and,im rovements in P Y P g ood•' condltion ` • keep Tenant agrees to . make. all normal and minor repairs that are"neeasar ' • • to keep the farm, fences water'systems and bui condition. Landlord shall pay for the materials and shal ... ,. { provide the labor 'to erect fences around the unfenced area ;'ourreftl under cultivation and the placing a cattle g uard at -the ro d eotiance . Tenant. Both Landlord and Tenant shall have the right to cut wood or timber off the leased premises for .their personal use, provided:] that said cutting is '•in.a reasonable amount. The profits from any' wood or timber sold shall be divided equally betweenLaOlord' and, ' VII. f Tenant' shall have .the •right to-sod, or: place in perinanent• pas ture, at Tenant's expense, the areas pently under Cultivation' ' Tenant shall also have the right to negotiate with 'and receive any ' payments from the A SCS.office'of the U. S. Department of Agrian1Vuree VIII. Tenant agrees to obtain and maintain . in'• force airing tit! wit► • . of ,this leasd, any extension thereof, at .his own exp '1 4t •insurance in the aniount'of $100,000.00,.with . animal Collis • t . tion. ' Tenant agrees to 'indemnify,; save 'and hold harmlese . ] o �. f; d, and'rom any an all claims,. demands or`•causes of !action •for i3amage; either to p'erscIn o' . to property ?occurring` upon the leased .' premises, during the terra of this lease or any extension thereof. .••- . • •. - i .. • j • ...IX. Landlo agrees olnrocure m aintain }n force'during the terra f.ttiis lease; and'any extension thereof their own expense; / n fire d ^ extended insurance On the house in the maximum insurable. amount.. ' .. Landlord :shall pay all ad valorem taxes on the land and }mprove - . ments during the term of this lease and any extension thereof. Tenant shall pay all tars for all cattle, equipment, and personal property placed in or`upbn the leased premises by him. • XI. • • Landlord reserves the privilege and right to sell up to 200 leased premises. XII. • • acres of said leased premises without voiding :this agreement, provided : reasonable notification of the sale is given to Tenant. If the I Independent Executrix sells any land carrying out the provisions of . the Will of Otto C. Pfluger, the lease rental' shall be prorated as to-the acreage so sold. If the other Landlords sell up to 200 acres . Tenant shall be.compensated for his loss. If`Landlord and Tenant • cannot agree on Tenant's loss, said amount will . be determined.by arbitration as hereinafter provided. Any property'over 200 acres that is'sold must be sold subject to.this lease, however, such sale • shall not void Tenant's option to renew this - lease. In the event of the sale of any land the Landlord' agrees to bear all the cost of building. _ i • ' a fence between the acreage sold and the remaining acreage of-the - • Landlord reserves, thesrighi .fox. t Sna employees and , . guests t� enter upon :the leased premises for the purpose of hunting, fishing or a ny other reasonable purpose that'will not interfere with the • Tenant's occupancy. of the leased premises. Such entry shall be subject to giving Tenant notice l as to whom will visit the property, :t: :it • ' 1 0 0 . 1 r • • r•ry�•:0,r ' a x . ,... . : the premises, the other party shall have the right, in,sadditio • compensation for damage to terminate The lease • terminated after serving written notice on the party t.fat1tpec this .the violations Of is ieaie;and if such "Violations are not =rid' • within 30 days, the leaee, shall be terminated: noticea'under.tnie.:. provision 'shall be in writing and sent by .Certified Mail With retu receipt requested addressed: if to Te ant, Herbert'Bohii; . . composed of three, disinterested persons-, one selected bY one selected by Tenant, and the"third.by•the two thus selected. . . : findings and decision'shall be:blOing caLOOthpariies the purpose Of,the visit'abd the time'ofIthe visit. • I i ! ' XIII: ' ,..... i . • -. - . -- , .. , .• . . The Tenant shall' not have the right to assign this lease or'.;:c; • ' . - . ,-_ .r. . , . sublet any portion of the leased.prethisee without the written co . . ....,-.-0 . .. . Of Landlord, except the ho abdyaid.: . - ft xxv i In the event.either 'party negiects*.refUset: out any material provision of this lease, : or if Tenart..ababdobs , • • Pfliagerville, Tex s if tO:Landior 4:74 Pfluger, P.. 0. Box 787, Pflugerville exae; e* . , • name address name, a res • or at such other addresses as Landlord and Tenant Shall designate in writing. • - • ' If the parties to .this ease cann matter, the difference shall be Submitted to anlArbitia Leh C inmitt ' " ' . • • - ' ... . r .. .. , • . - ...' J , ,.:T . . Landlord grants to Tenant an Option to roneW fOif p (4) successive one (1) year'terias After:the expirairon thel-pr 1 ' . . . • . - term on July 31 for the'cash suin . in adVance of $7.00 per, per yelr, with the other terms, covenants, and,conditiOns of thf reneWil lease to •be" the tame. %To exercise such" option' Tenant in - ,'., -. • ' ,.' . = 0 !:-,. : .: "..,:•,- , .t•:.u, , :: _ .,-,: •,'. ., . .74 ; '• ',': -.'; 4 •:; w ... • ii, -, • ,. 4 :IP P '. - :•,;•,:t. i:Ai , 1.. . -. 44i: ' : • . t'--... _ .... . .. ;•"■ 30 days before the expiration of each term. . ' .} EXECUTED in. quadruplicate originals effective the 1st day of ;August. 1977. , j I • ••;give Landlord written notice of.his intention'to`do so at.least Zelma J. Pfluger, Independent Executrix of -the Estate of Otto C. Pfluger ' Individually and as Attorney In Fact Tenant. LEASE AWITUENTS ._. • 1. ieise,as attached amid/Mid August i 8 cover the pertodlfrom"August.83 to 198 2. The acreage leased shall be 785 acres. A•contrairitiiieli'100' ahown'as Tract 'a on an attached'map;:lspeting.fl.thiSlaracre.paieal is notaold it may Wincluded,in'thaleas acreageOat,landlOrdlkoption 3. A 100 acre tract ot 100 acres on the east prelia ylinel(TiaCt B) * be sold at'any.time and removed from the lease. - Tenant *ill be given a three month notification period. - • • 4. Up to 190 acres adjoining the west property Une'may. be eold aed amr time and retioved from the lease prOvlded,a three month notification period is ii ten to4he tenant. • :' 1 ' • ' 1:1 • 5. Landlord shall reimbursS tenanton'a pro rite WO for .any removed from the lease. 6. Rental shall be $6.50 per acre per year., , 7. Both parties shall agree to any extension of thitlease„brAprill.; • . 8. Approximate bzaLa3 of the leased area are shounan,tha atTacneamtp..' ., . . ,• 9. Sections XI and XVI of the lease aret o lengeeffects '...,, ''. .. . . ili'llS '' . • EXECUTED IN TITO COPIES AND EFFECTIVE AS OF AUGUST•li-1982, . 1:. Landlord Tenant Pfluger — Knebel Ranch Partnership Herbert Bohle by: Kenneth Pfluger . . r? (..?53 • • • • • . .1 • • '• • .," • STATE OF TEXAS COUNTY OF WILUAMSON 1 hereby certify that this Instrument was FILED ' on the date and at the time stamped hereon • by me; and was duty - RECORDED in the Volume and Page of the named RECORDS of Williamson • County. Texas, as stamped hereon by me, on • cD . c� o w . .:� • 3721 F ASSIGHBENT AND BILL OF SALE, CDUPOY, Taft .a1733-. 091 42-b BEN FRANKLIN CORPORATION, a Texas corporation ( "Grantor "), for end in consideration of TEN AND NO /100 DOLLARS (910.00), in partial satisfaction of the obligations of Grantor under a Line of Credit Agreement and Unsecured Note, both executed by Grantor, dated January 1, 1986, payable to the order of FRANKLIN CAPITAL CORPORATION, a Texas savings and loan association ( "Grantee ") in the principal sum of thirty -nine million, two hundred thousand and no /100 dollars (939,200,000.00), and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, has granted, bargained, sold, assigned, transferred, conveyed and delivered and hereby grants, bargains, sells, assigns, transfers, conveys and delivers to Grantee, all the following described properties, rights, titles and interests located on, affixed to or related to the real property described in that certain General Warranty Deed dated of even date herewith, between Grantor and Grantee, attached hereto and incorporated herein by reference as Exhibit A (the "Land ") and the improvements located thereon (the "Improvements ") (collectively, the "Property "): 1. All tangible personal property and fixtures of any kind owned by Grantor and located on attached to, related to or in any way used in connection with the ownership, maintenance or operation of the Land or Improvements (the "Personalty "): 2. Grantor's interest in and to all leases, fran- chises, licenses, occupancy agreements, or other agreements demising space in, providing for the use or occupancy of, or otherwise similarly affecting or relating to any portion of the Improvements or Land and the landlord's leasehold estate created thereby, together with all and singular the rights, benefits and privileges of the lessor thereunder and all rents, issues and profits arising therefrom on and after the date hereof, and all prepaid rent and security and other deposits held by Grantor pursuant thereto (the "Leases "): I. Grantor's interest in and to any and all contracts or agreements, such as maintenance, service or utility contracts, including any and all of Grantor's rights to acquire water service, electrical service, sever service, natural gas service, telephone service and cable TV service from any entity from which such services may be acquired, including, without limitation, that certain let er agreement dated August 3, 1988 between Grantor, Franklin Savings Association, Killeen Savings Association and the City of Round Rock, Texas (the "Property Agreements "), to the extent Grantee elects to take assignment thereof; 4. Grantor's interest in and to any and all warran- ties, guaranties, indemnities and claims relating to the Property or any portion thereof (the "Guaranties "); S. Grantor's interest in and to any and all licenses, permits and similar documents (the "Permits "): 6. All of Grantor's rights, title and interest to use telephone exchanges, tredenamee, marks and other identifying material used in connection with the ownership and operation of the Property (the "Marks "): ,11733 : 092 7. Grantor's interest in and to any and all plans, architectural and other drawings, specifications, surveys, soil and substrata studies, engineering plans and studies, landscape plans and any other diagrams or studies of any kind owned or obtainable by Grantor that relate to the Property (the "Plans "); 8. Grantor's interest and to any and all insurance contracts or policies (the "In. rance Contracts"), to the extent Grantee elects to take assiy •nt thereof; 9. Borrower's interest in and to any and all tax, insurance and other deposits or funds held in escrow, or otherwise, which relate to the Property for the account of Grantor (the "Escrow Funds "); 10. All business records and files maintained by Grantor in connection with the construction, ownership, operation and maintenance of the Property, subject to the reservation by Grantor of the right to examine and make copies of any such business records and files at any time during the normal business hours of Grantee (the "Business Records "): 11. Grantor's interest in and to any and all other property (real, personal or mixed), rights, privileges and appurtenances owned or held by Grantor and which relate in any way to the design, construction, ownership, use, leasing, maintenance, service or operation of the Property (the "Other Rights "). TO HAVE AND TO HOLD the Property hereby granted, bargained, sold, assigned, transferred, conveyed and delivered unto the Grantee, its successors and assigns, forever, and Grantor does hereby bind itself and its successors and assigns to warrant and forever defend, all and singular, the property, rights, titles and interests unto the Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof. This Assignment and Bill of Sale is for the sole benefit of Grantor and Grantee and no third party is benefitted hereby. Grantee does not assume any obligations in respect of any of the property hereby assigned except that Grantee does acknowledge receipt of the tenant security deposits in respect of the Leases listed in Exhibit 8 attached hereto, and agrees to hold a,, deliver such tenant security deposits in accordance with the applicable Leases. Executed and delivered this 2 of 1988. BEN FRANKL CORPO TION By: JOHN L. GERMAN President 1 { 1HE STATE OF TEXAS COUNTY OF TRAVIS 5 ` /,/.��• DANA C. WINANS 0 : 1 �; 1 Nets, /WK. 5,..0 a tog t.. /. u, C.- .a.d.. e ..... u .u.n After Recording, Return To: John E. Tarbox, Esq. Vinson 6 Elkins 1700 First City Centre 816 Congress Avenue Austin, Texas 78701 -2496 AC104ONLEOGM .;,1733 —003 ,The foregolpg i stryment was acknowledged before me this a3rd day of Jef�K7(Y 1988, by John L. German, as President of B n Franklin Corporation, on behalf of such corporation. 1,C.,titazIL NOTARY PUBLIC, STATE OF TEXAS Dta. C• i1 ans Printed /Typed Name of Notary My Commission Expires: 11- /2- qi . Ermn(T A GENERAL, WARRANTY DEEP Austin, "'vas 12 -a Date: , 1988 Effective: , 1988 BEN FRANKLIN CORPORATION, a Texas corporation, whose principal place of business is 708 Congress Avenue, Austin, Travis County, Texas, 78701 ( "Grantor "), for and in con- sideration of the sum of ten and no /100 dollars ($10.00), in partial satisfaction of the obligations of Grantor under a Line of Credit Agreement and Nnsecured Note, both executed by Grantor, dated January 1, 1v86, payable to the order of Grantee in the principal sum of up to thirty -nine million, two hundred thousand and no /100 dollars ($39,200,000.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby grant, sell and convey to FRANKLIN CAPITAL CORPORATION, a Texas savings and loan association, whose principal place of business is 712 Congress Avenue, Austin, Travis County, Texas, 78701 ( "Grantee ") the following described property: That certain real estate development known as Richland Hills 582, more particularly described as 582.35 acres of land, more or less, out of the E. W. Matthews survey, abstract no. 449, and the John H. Randall survey, abstract no. 531, in Williamson County, Texas, and further described in that certain Warranty Deed dated May 10, 1984, recorded at v. 1020, p. 812, of the Real Property Records of Williamson County, Texas, together with all and singular the rights and appurtenances thereto in anywise belonging, to have and to hold to Grantee, Grantee's successors and assigns forever. Grantor binds Grantor and Grantor's successors and assigns to warrant and forever defend all and singular the property to Grantee and Grantee's successors and assigns against every person whomsoever lawfully claiming or to claim the same or any part thereof. There are no reservations from or exceptions to this conveyance and warranty, other than those encumbrances enumerated in that certain Owner Policy of Title Insurance issued by Lawyers Title Insurance Corporation, Policy Number 90 -00- 162318, effective May 31, 1984. Executed as of the day and year first above written. BEN FRANKLIN CORPORATION By: JOHN L. GERMAN President THE STATE OF TEXAS S COUNTY OF TRAVIS g LC Elig LEDGM 14TS 1733 _ cj j This instrument was acknowledged before me on the day of , 1988, by JOHN L. GERMAN, as President of Ben Franklin Corporation, on behalf of such corporation. After Recording, Return To: John E. Tarbox, Esq. Vinson i Elkins 1700 First City Centre 816 Congress Avenue Austin, Texas 78701 -2496 BFrank \DOGS \GWarbeed.2 -a NOTARY PUBLIC, STATE OF TEXAS Printed /Typed Name of Notary Hy Commission Expires: 'O11733 a.: 096 That certain lease agr, ant between Ben Franklin Corporation and Weldon Copeland. STATE Or TEXAS COUNT +or WILLIAMSON I hereby cent y Ieal Imr Instrument vas FILED on the date Inn v In, ume stamped hereon by me and was duo• RECORDED. m the Volume and Pate of the namen RFCORDS oI Williamson County texas as stamped hereon by me, on BFrank \Does \AsstBOS.2 -b FXIIIBIT B OEC 7 �/ " RO � COUNTY CLERK WILLIAMSON COUNTY, TEXAS B -1 1 • rf, • . • + THE' STATE' TEXAS' ' COUNTY bF HILLIAMSON.. 4 Taylor. Disfrict -'1•1A 390-4625'•.'; '.; Prdfect 39 378• • Map Ref; 2848 - •308' Easement el6' • 01t ALL :MEN 8Y`,THESE. PRESENTS • 'That Kate Lampretht ,' Kenneth •Pfluger,'Helen Nets +n; Ralph Knebel..i , morose timmermah, and•George Knebel hereinafter, ailed , °,Grarltord uhetftr one -or more;'. in' consideration of the advantages which will Rec. ue.to Grantot from the construction ..., , of the electric distribution line and telephone 1 ne hereinafter�dpscribed, grants to TEXAS POWER ,& LIGHT COMPANY,,of' DaTlas Texas '2 ,' and th9 S uthWestern Bell Telephone' Ce:npany, an easement and right of way' r''an lectric di.strr anti: ' all necessary, or desirable,appurtances, and for. a telephone line, and• appurter4ances, upon 'over- across Grantor4's land n'thg W E.,•M thews, J H .Randall• :and J A . _ Neilej+:' Surveys,-•'in•Williamson and Travis Counties of Tex s more partic larly deseri8ed' • in deed from Zelma J.• Pfluger, to Karen Lamprecht, Kenneth Pflug „ Luther: Knebel^, Ral Khetie11 Melrose Zimmerman, George 'Knebel ,;a d Helen Nelsb dated 22,; 1979, • reco din Vol 6579, Page 1358, Deed .Records ° bf Travis, fCou ty Texas • The:cente line of said 'distri•bution line and telephone,tine"sfiall be•located said' land. as follows: .. _ Beginning point in• the north property line of the atr•e,treef of.'land'reviousl' 9 P P P Y p •, Y,: . ..conveyed to Otto P•fluger and ,recorded in Vol 155, Page ^394 of the,Williain on County deed, records.. Said point being 16 feet east of the northwest`propert ".ThGpGO'f south for•la :di'Stance of 4084 feet across the said '100acre tfacOnd• across the 2899 -Word' tract. conveyed to .Otto Pfluger and recorded in Vol; 896; Page 315 of the - Travis' County;::,' Deed records and to a point in: the property. line.aivjdi,ng: the popeit of grantor. and ' Helen •Ne1;on, Said point ...being 16 feet east of gr5'ntoi•'s soiithrlest property; corner 5aid'corner also 'being the northwest corner. of Helen Nel son' 1'2;.5 acre tract r'ecor•ded `'. 1P15, of the Williamson' County Deed Records a Grantee• hereby agrees to provide electric 'power to'•this tract• ofi lind. e>i•ther from overhead or underground lines and to.r•elocat('. any 'Structnre; wbicih obstr,+cts- .fGture:. roa'dway.entrances into said property,• when requested ^by pr Iirtf+re•'oilnees ',-. in accorclnce with Texas Power and Light :i ompiny.'s' then prevai 13�nq ser:vi .reg01aticn1S. and policies and subject to the Public 'iti l ity Commi'ssi regu Grantee nay relocate said lines ono foot inside any° propel• ty 1. in :,coinc.id.ing'w.ith'ihe','•.'• • eastern right of way line. of County Road 122, if and i•,hen:futirre rid'of•;said.,'” •.•: read 'may iresult in the. property .line being in a differt'ht;posi'titr.tharl•an the „date -of . signing of this easement. • Grantee s1'iall have the right to erect .17 poles''and` 1 goy anchor aloni },,.the course..:;: of said i.j)re, to:,ether with the right of ingress and ear'ess; for.•.r.hc' pu;•pose of con ' struction improving, inspecting, r+air.taining. operatinq,.and i viva said lines, and appw tenances,; and the right to cut away and. keep'rlear.• said iines a • r..ppurtenances” all trees and other el ti c tion which isiv endin+aei• .» interfere �nith' . t.he• ooeration or said line's. .1 0•i1AVE AND' TO HOLD the above descrfbed easement .and" - right •unto "the said Grantees,` their successor, and assigns. until all of said lines 'hall,be EXECUTED • ti • ".2a7117' I Karen. La i•pr hl , Kenneth 1 flugis• ' `\ • Helen Nelson • (I;y 9f . ''�' `�` - _.. _. A D'. • 194 + Gei.+rge 1 :rebel. • .itlj rr Knebel •( r/ P.alph %nnhe 1. i! Melrose Zimmerman" • w . , , THE;STATE:OF•.1'nA ,5 , .COUNTY OE WILLIAMSON , : - That Kar"eei,t Lampretht, • Kenneth •Pfl uger,'HeTen Nets n, lhther.,Kne el, • RAO:Knebet . ' re; ;lelrose..2intmerran, and • George Knebel hereinafter, al,led ',Grartto '!,• whethgr' "one or _nio: in consideration of the advantages which. will acc ue.ta Grantor, from ,the cons'tructior't' ! , of the electric distribution line and telephone 1"'ne,herei•nafte " d scribed.; hereby grants, to; TEXAS POWER & LIGHT COMPANY, ,of' Dahlas, Texas,tand th Sbuthwester`n•gell • ' ;Telephone :Company, an easement and right of way f r'" an,' • elect r ic � clistri , bution••1ine, - and , all necessary, or" desirable appurtancss, and for telephone •Tin '•and• - appurterkances,' . upon over; and across GrantotF'•'s •land in the •W:E..• M thews., J'. }I :.. andall• :and J A: Neiley Surveys, in'Williamson and Travis 'Cotnties of Tex s more particularly described.. = , in deed} from,lelma 3.' Pfluger to Karen 1 aurprecht•, ,Yenneth::Pfluggr,;Luther Knebel Ralph Vhedel, Melrose Zinnnernran, George Knebel and Helen Nelsb dated May,22„. 1979,:':•.• • recorded ,in Volume 6579, Page 1358, .Deed.Recorgs 6 Travis•, G Texas•. , . ', The'' ri center line of said distbution line and telephone_ 1ine be ' located •acr'os`s said ,landi,as fol lows: . ., lie9i nning' at a point in• the north property line of the •100.atre, tract orland'prey'iously • • '.conveyed' to Otto•.P;fl.uger and recorded in Vol. 355,. Page! of the tlilliaipson.. County deed••records. • Said point being 16 feet east of the northwest ?property corner. :..Thence- . south forl.a •distance• of 4084 feet across the said 100 acre trac'trand• across- the 289•-acre • . tract', conveyed to • Otto Pfluger and recorded 'in, Vol, 8 96 Page 315 af'the Trav'is Deed records, and to :a point in :the property.line di'viding' the proper =t,Y;of . grantor * Helen ,Nel son. Said point .being 16 feet east of grantor's southwest property ::corner.' :. : "' 5'a'id'corner also being the northwest corner or Helen •Ne1 son '5%121, 51 acre •• tract recorded Vo1 812, .Page: 175 of the Wi11iarnson County Deecf Records. . • Grantee hereby agrees Po provide .electric pow to..thisr tract of. l'and. from p .. ,ovei•head'.or underground 1 ines and to relnca�e an structure w obsthwcts•fdtiire roadway entrances into said property,. when requested:'by prdsent''pr 'futirre owners, -- in accordhnce' with Texas Po :••ei: and Linht Company :s then prevailing service .ieglllatiCMS. and policies and' subject to the Public Oti1ity Conmrission's re'guil'ations (iraritee may relocate 'a id lines• one fndt inside any• property= l,irte "coinc.i ding 'IA th; the" eastern right of •way llee. of County Road 122, if and 'when :Adore' widening of : • said r. road 'may result in the ;; line heincr in differtnt'..positfon , theri • On the, date of signing o f . chi's, easement. ' •• ..,. .. � • Grantee shall have the ; i,;r;t to erect 17 pole. aid 1. guy anct;tira alcint,,,the Course • . of, sa id' i i,ne, together t'ri th the right of ingress and: egress, l'or.•a,hr:' Purpose of,conr ' struction, improving, inspecting, maintaininq, oPerating,.and re(ovi said lines': and appurtenances :• and the right to cut away and keep clear bt uid •1ine's and ••c ppurtenances a Woe- lWoe- ! r other ohsti•:.ct.b it ;dtich i4ay eridatitn 'in.! interfere w . :rc OUPt "alt ion of ,ti.: ii•ir'.,. „'' .hll•;4i(' HOL,. • t::;:i't described ors :einent and'' the said Grantees,. ;nyit cs.ors and „ �i,: •nttil al o: said lines 'shall he aliandoned;'• nreri, as pretht F � { . + - t Kenneth •'f Inger . Helen '.el sor OK ALL MEN•a3Y• • L ,er } ncbel id rose • (�eorge .. ,• n . , n•% h l.rr.nnl , h tit 1 :I1 F 1.'01) :l; MY ',LAND .1 lier.onally alipeart•d• i:hi 1•y G;`.',tYF:,'au•'ilp�irr it•t 8PEGE 61.. .: l•I I'IIi•I( trl or .. h \11 llt tll �•r; l nl I t)l.It1t U, i .: x` 1 ' : .�;► ,11 ;rd: \.> • = . f.. i - .fiRAtrt j• .■ .,• ,p,• to i.• th.• prrsnn(s) .executed tl • r: ": 1 .,l 31Y 11:1N1 ..f t I. , =.. , n U, „1 ,s 1: , . 4 .55551 .eriln.l to Or f r. gnutgnn t,unt •nt ,nd 3,4 one f t tin 1111rp'nes nod ennAllonlitiOn tlurrni dxpre drd i.. r X11 X 1l OI•.(I Tlt'L' this. t "...dtyn( : a�111,P I 4. c,]n.t Notary Public 11\ • Cl:i f)ia:".I1., thr!und of authority, un this day personally; ippenrc4 • tvho,e.namr(s) is (are), subscribed to the foregoing; instrument,. and ncknoixlcJgetl to nie.that .:11110 for.the_ purposes and considcraliun therein expressed AND SI : \L Ol' OFF1Ch this..,. .'+C) day of (1/1.• } / . � J : ,•A D 19I• • N d Public .JI�.t'G`/ :,r . 5 'C only 1'etias •:1 :1 II'I l:AT.E' or .\t'FNt11CI.1ait :M1:NT Ft11t 1 N111\'II1U,Vi8 • I • I ; • i 1 • 1:1.1 , th•• Ua• /.•,.. :30 I n.nin. ::y, on ((55 day prrsonn: „ pprar 0 d:: 44.,..0,1' , 4 Fa' ;I • ••••■•• '.::I •t ,. • IS lair) ..Uh:cti••d 1.0 . 111;• Lnrgeing i11struqu•nl,:nli1'ar6tnnr10dgrd til'dh that .: • 1. •• ..' I :.. (.•r th.• pu )„ •, •, and inu.11) thi•n•in rs •d • % l , ::': L:: .t •.: [IAN!. t.`,I, ::::1I. UI' ■'tl•Ir•1 tt .d .. day of ... .. A.11. V l ., F, x•r. tt i is,•It r 1 5•. nnwledgrd to nt that''. Notary 1'uldi0 `�... . .....:.il!. ( . / .::.. Ce,)tu y T rria 4, z . ptri • j`. :CliU 1JC.1TI Ot . t.1\ f/ t10E1 1f11t \TFJlltjl \DIY(I1LUir �• -.,• , ThlaSTATI': t)F TEXAS . . • ' • • ' kn •:• 11 to or.. t I1 •• Ib t r_ort(.a uho •1• r1lhr(.:J i+ (:1J ) .00tth.l•fiIN II tot thl fori gIiul fn:tliut•• tt and ,S.Ft'F'_ . . fnt+th• ptirpo- 1 n,l,! con htrratlnn'thrrcin v. prlyt:•,I.• • trc� - . :\\Il S141• . 4 t111;:. F / 1» f 1? , 'I'lll;.: i \'1'E tII '1'f• :Xr \F • L .' , 1 22 I_ /N.L i 1 • cm: 1'11'I(.t'1'l: 111' 1('li\ii\t'1.1i1)(:NET:C. 1(111 I \11.11'I111'a):v NN At•!' • - _ ..:Cnuitty, Tcsas�r. • d tf'mc thitt'• • • I:P "I'P1 ( 111:, ;} n l •::ic1 i to ait, 1111 •. i t m:dl, 1 i••J \.T It �(1�: K1vGe {C l-. •.•l ' ptr: ..i•' •• nant..j..t i. 1:c ..t ..uh:rt'ibrd Ole lnitgr•ir;; ii:.itr::h • •: I,iryl,hhn••',t2 2. 1to ntc . .ihlti' Ft :u' I•• t 2 .!1• p. and c I l r 'o • •• .Xrr •• tl• "i ti.•• 1i••r 1 n•trin 11 r,! °.1 t -.i7 (( • !",1 ,'!:1,, :1: • •{Y IL \> :: A:II Si:. \I 111 „ i 110 obi: • J . .thy (' '.•)t.al•_y \:'h. 1'1 !',_. ••.s 1 •' SC, .7 .111•• - •/ • j•uhlil: bl: 1•. ' R / : \(v • 1 . - l`. iun,V.'1 • 1•1 G' „2.1',' 1J t1 \ \I, i :i \ri, .,f5 . • t• ' \ .1 t i I • :• 1`,2127 .1:11 ;111: \'1” 1'1rii 1�1a�IHY i,l • y ' • 1 _Cl't` sh c. 9t •.. 10.4 1 • ;; Tt E STAT' OFT .XAS ' • rr t aunty of illia son } 1. ' i d es N. Boydston, Clerx, of the County Court of said County; do hereby eel-- . I .• 7 tify that the ('cgoin� instrunt at in riling, 'ts' certificate o amhenttcation was filed for iccor? in'myoffice on '+ ' � the :19t as o��u9 Sr w — n D �9 8 i at 00 a l ! !0' t — o H M.; 'and duly recorded this ' 2 ` )the 19t ' d of tu g� _ Aai.19_ 81 ;at 10 45 . � ,. ' r . 'o'c lock a 1 , in the _ Dee • " i Records ol County, in V 84 8 • • ■ITN 'SS Jtl• HAND and scat of thc'County Court of said Couniy at office in Ceorgetow•n Tcxas, the date la . abov1 written . •;JAMES N BOYDSTON,,CLERK, �� /�, �•��DcPutY �• . • County Court, Williamson County; Texas 'eor clown `title • L onspar • s i .., one : V 0 L. 4 . flumudr poor/1.414 . Ahshact . Ca TO HAVE AND 10 HOLD The iba . daafbd Pte; togeta 1 iad,Wtsaht ths•rtibb rd sypeesesioei &Into any; ta: bekning =to tb "ad XT W A Holder • aoa `her 'heirs uS • • torwea, • _ ' ao tila . myself,`my r . / "hales, etxvton f Ind admilisraton to Wawa* 'and Forms Defendiall aid daQultg'1he•iaW premises unto Du •Wd — : :r /. Holder • .l her • het; Pod £Cathnt shy penen'whoms hwfuUY?alo n or to alarm the r.eay prt' thereof.' ' r . . 4 • • l,;a.t . at • 'sou ston 'Witnesses at Request of Crouton • THE STATE OF`TE �, SINCLE ACINNOWLfDCMEN r .. l eaun'rrbkt;,,,,t.AMIu 1' • DE the undonitrted outfwrity la indtor awddCo my an State,'on •thl, daY'penonally 'appeled • t • - :rs. Juanita Poole, a wi�ow' . • /morn 'linos to be person_ whose panic •is ' ' subscdlml to the fdregoinF Imtnunent. and acknowledged to_tne that - . • 9 he_ epfeatnt tho'f _ eme for the purposes and• conshkeatlons therein eaptaxed.', • • • GIVEN UNEIER:#1Y HAND AND SEAL OF OFFICE ilk the lit .. day of . e ' ` • ' A' D. 10.22— '•,r'' '•446T .-• .. r ... ' , ' • ''N" L LP.PiM*t ••y •s,.3:: got:uy Po h In seal for n sa a•a•ra _ County Texas " • 1 +o• Rnce•d •,o the S day of Duly Recorded • a ttie dd of A C) aS 4. -,s9 , •E ;0 . ' tF • • .R A. Cow a_ EASEMENT THE STATE OF TEXAS, COUNTY OF WILL IANSON. (." _ ' : 7 • WHEREAS, the Secretary of Agriculture, United States Department of agriculture, has been authorized by the Congress to carry out a program, of'.: assistance tolocal agencies and organizations in planning and•inatailing works and measures for watershed protection, flood prevention and agricul. aural phases of the conservation, development, utiliiatien and disposal of, water; and • WHEREAS, it is the desire to grant certain.righta in, over and upon • the hereinafter described land for purposes of carrying out • • NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT 0. C... .Pf,LUCER. in�te n ran astdaNiie of M'}'CL{A„�N Teo s/, S ` County, Texas, hereinafter called in the singular Grantor, for and in consideration of the stun of One and No /l00 (=1.00) Dollars cash in hand - -paid, the receipt of which is hereby acknowledged, and in cbnsideration of the granting 'of similar rights by others and the benefits accruing to Grantor, • ;: from the installation of said program and other good valuable considerations, do hereby GRANT and CONVEY.. subject to the terms -and conditions hereinafter act out, unto Brushy Creek Water Control and ImproJement District No. .1 of Williamson and Mitam Counties,' iti success - - ors and assigns, hereinafter called Grantee, an easement in, ovfr *tad upon thi .following d`cicribed land situated is the County of,Wt LLaANSON • -;State of Texas, to-wit: BEING A TNACT CONTAINING 23 Acne, ar LAND, . ' .. NOSE ON LOSS. AND scum OUT Or•ANQQ.�A PANT Or THE LAND* OC$CNlIEO . too THE OEEO' "DATED FED HUSSY 2ND, - 1IMi1, ,room HENRY E. VC ON TO 1744; Pfti$(R•or'sccoi0 IN VOLINt-2 Alt 2 AND IN T . - .DATED DECEMBER 'TN.. • '1 FROM FIRST- NATIONAL BANK OF ,Q[OIISETOVN To WA: PFLUGER OF RECORD IN VOLUM 592, RECORDS ' Or WILLIAMSON.000NTY, TEXAS. °iND'BEING THE LANDS NECESSARY FOR • THE ACCOHPLISNNENT OFJTNE.V0R11 MEASURES DESCRIBED HEREIN f BELOW I'NO •AS, SET OUT IN, THE PLAT OF;;SA1D 5.11'E ON FILE INS THE' • "`. ;;'• OFFICE OF TICE •GRANTEE, A RErERENCE TO ALL .OF .VMICN. IS -NM. MADE FOR'Att. PURPOSES, INCLUDING' PORTIONS OF. THE'SEDIMENT•'LNO � _• DETENT ION•ST,ORAGE POOLS, .INCLUDING ,THE• ARCH VHICH WILL 'OE- •' INUNDATED OURING EMERGENCY SP'ILLWAY • rLOV., Trap:raNO• BRUSH %eta • BE .CLEAsto THE ."SEDIMENT'PO0L‘,T0 "TNE EXTENT-DLTERNtNEQ • • ;NECESSART THE E TEE AND MA'TERIAL' FOR CONSTRUCTiON'OF PAW "• _,: ....WI Li BE TAKEN FROM SEDIMENT, P6OL LAREA,IF•HEEDEO'AND'SUITABLE. ' h. ,Grantee, shall have the right; 'privliege and authority td use said land• for the installation, . operation; mainte e a nend inapection,of•the. - - `following scribed works and measure's Mid for the storage of .watero. , that may a temporarily retarded or temporarily' or pormanently t impounded:,, ~ • by any m or'other reservoir Structure doperibed bel'owe. . !.;' ; • 1 BET NG fi FLDODWA TER • RETARDINQ STRUCTURE. No. 19: 1,N 'UPPER BRUSNY CREEK SUBWATERS'NED •AS DESCRIBED 1N THE'.WORP PLAN PREPARED E : ' SO L• CONSERVATION SERVICE, : UNITED .STATES •DEPARTMENY AG R,IeU •• AND' AS SHOWN - ON'TNE PLAT OF S`1I0 , SITE AS SANE APPEARq ON !IL "IN THE •OFF.ICE'1O, 'Tilt GRANTEE. I 2. Grantor shall' be •i•cepoi,sible for -ordinary Maintenance attic repairs , • of any dain'or reservoir, structure'twhichsnay bey located on the hereinabove described premises.lvhich catlbo accomplished by theluso,of farm . :equipment. ,:Grantee 'shall be. responsible for operating,. maintaining and • keeping in good repair the works and meastiiee.bereiit deadribed except such maintenance and repair'which Grantor is to perform- as set out herein. • Grantee shallcordtrol the water level in the sediment storage p00! until •• `.. adequate vegetation is' established- on the structure and as necessary for the maintenance and repair of the• structure. • • • • • •• 3. Grantor reserve!" the right'to use said land or, any'part thereof at 'Any tithe and for any'purposo; except as provided in paragraph 4'below • . provided such use does not damage the •structure or interfere with the full. . enjoyment by th Grantee of the casement herein conveyed.': • • • 4. Grantee shall have the right to construct fences and gates around the structures and such fences and gates shall not be changed in any way • . • except by the consent of Gran' No livestock shall bo allowed within such fences except by written•tonsent of Grantee. 5. This easement shall include the right of ingress and egress at any time over and upon said land and any adjoining land' owned by Granto 6. This easement shall include all easements. rights of way, rights, privileges and appurtenances in or to said land that may be necessary.• useful or convenient for the full 'enjoyment of the easement herein `conveyed. ' 7. Grantor hereby WARRANTS the title to said land. -However,. .the easement herein conveyed shall be subject to any'casementc, 'rights of,way or mineral reservations or rights now outstanding in third persons. The easement shall not pass nor aball same bo` construed to pass to the second party any fee simple title or interest in and to the above described lands. .. 8. In the event the casement granted - hereby is abandoned, the rights. privileges and authority granted hereunder to Grantee shall cease and ' determine. IN WITNESS WHEREOF. thuae presents have'been executed this the day of "l ' A. D ;`195 9 1UE STATE OF TEXAS, .qF p.b,e4 ebractvi • (SWGLE ACKNOWLEDGMENT) 7 g eoigetowts .. L.. omP 44, &i 310. L 4 .. r.•mel C u.nM,e AbtIs Co. -- ' ". "i• d 2 • • - • • ( C g eorge o n 1 e ..z ompany, . ne. • 4 O •. Isimetly Abottscl Ca tieF014ME, tho . undereignadAuthority,' On this dily.p,rSoilaliy#ppea -• • • to rho the • is, a cjibed toiho foregoing instrument,:vond'acknoidsdged;that:_&a 'ecaiteiii 'lame or the puppies and cionsilleiration.therein expressed: ., • .. :' • . t tGiVEN UNDER My HAND AND SEAL OF OFFICE this the • ' - oft • Afai. . • . Ai" D. 195 -'"; • *.. , •••/ .s. . .• . , , • - •• • . - , - • . . Notary Public in and for - • , . • , ) , liarnson County. .Texas. J • • R c3'd • clay 0 Duly .."de a •I" +. g de ef : i• 3 ■•• •• 5 .• . .• . .. • „. • = STATE OF . TEXAS, • • •• • ' COUNTY OF • • 62t" ' • . ....,.• . • WHEREAS, the ".Secretary of AgriculAure. United States Departmcneof • Agriculturc . has been authorized by the.Corigress to carry out a prograinot assistance to local agencies and organizatidns:in planning and installing • works and measure for watershtd protection,' flood Prevention and agriiul, '•' tural phases of the conservation, developinent, .utilization and diaPosal of • water; and - •• - • • • . •• • • • WHEREAS, it is the desiie to grant certain rights in. Over and Upon • • .... the hereinafter described land for the purposes of carrying oni. said program:. • NOW, THEREFORE. KNOW ALL MEN BY THESE PRESENTS:.,THAT • •'" cheie.litheyj, 4.r.r IheerVrome,^7.1., ire., T. Al. w•S-7-7- • and wife. •••• MANY eo • 1--r, •R. PA.nnej 0.0 A;Ac deAtAAL•PArat..r • of lha...5 • • • • County, Texas, hereinafter called in the eingultar, Grantor, for and in • .consideration of the sum of One and No/100 ($1,00) Dollars cash in hand “.• paid, the receipt of which.is hereby acknowledged, and in 'consideration of ., the granting of similar rights by others and the benefits accruing to Grantor from the installation of said program and other good and valuable considerations, do hereby GRANT. and CONVEY, subject to the terms and conditions hereinafter set out, unto *Brushy Creek Water Control and • • Improvement DiStrict No. 1 of Williamson and Milam Counties, its success.• , 1 1 ors and assigns, hereinafter called Grantee; an easement in, .over and . upon the following described land adulated in•tho County of wituarm . . State of Texas. to7wit: Being a tract. conjoining 81 acres, more or lees, out of the Robert McNutt Survey. and being out of a tract containing /80 a described" as First Tract in the deed dated February 12, 1080 from Frits Leithenberg to Andrew J. Nelson of record in Volume 24, Fags 419, Deed Records, Williamson •, County, Texas, and being the land necessary for the eccomplishment of the works and measure" described lisreinbelow and as set out en the plat of said site on file in the office of Granteee'including floodwater retireding structure '. consisting of a portion of an earthen dam and emergency epillemy; poritons of - the aedbrient andditerition "idol and the area dud will inundated during • emergency spilllay flow. Trees and brush will be cleared from the den, spillway and sediment pool areas to the extent determined necessary by • • •:., Grantee. Material for constructlowof dam will be, taken from sedirmat pool suitable: area, .if needed and imitable, Spillway excitention will be utilised • . ..• • 1. Grantee shall have the right, privilege and authority to use said • •"".." , land for the installatilin, operation, tnaintensnie.andl inspection of following deocribed works and measures and for, the storage of wirer: •• - that may be temporarily retarded or temporarily or perinaiiently impounded . • • _ by any dam or other reservoir structure described below; . . • Debi' floodwater Raiardbil Stratum Ne. 1$ be Viper artily • wateribed is iiissirib•O la tbe verb yiripigurei by tea ai Cassensaila •- • Natio • sir .. ail se shown ea as Y`I •:';THE STATE•OF TEXAS b § COUNTY,OV WILLIAMSON' § • • 1'7448 . WARRANTY DEED WITH VENDOR'S LIEN •, • L 1020 PAGE - KNOW ALL MEN BY 'T1#ESE PRESENTS; i.THAT, PFLUGER- KNNSEL RANCH PARTNERSHIP, a Texas general part= n ip composed of Karen E. Lamprecht,, Kenneth M. Pfluger, Luther G. Knebel, Raiph•W.:Knebel, Melrose Zimmerman and . George W.'Knebel, acting herein by and through Kenneth.M.' 1' ,Pfluger, duly'authoY•ized Managing PArtne (herein Grantor), for and in consideration of the sum of TEN AND NO /100 DOLLARS . '(0.0.00) and other valuable consideration to the undersigned paid 'by - the Grantee herein named„ the receipt of which is hereb .acknowledged, and for tie- further consideration.of the execution ;and delivery by Grantee its one .certain promissory note of eden date herewith in the'principal sum of FOUR MILLION SI; Trust, the payment of which note to the extent of a! portion of the.purchase price advanced thereunder and paid to Grantor s I • secured by a Second ., and, Vendor,'.s,.L,ien an $ .pgrior Title :herein retained, and is additionally securedlby a Second aria, Inferior Deed ef of -even date herewith ; to Danny Payne`or Harry. Hutchison, Trys has GRANTED, SOLD *nd CONVEYED,,and by J} i these presents does GRANT; SELL And CONVEY unto RICHLAND'HIILLS • -1 HUNDRED FIFTY -EIGHT THOUSAND EIGHT HUNDRED AND NO /100 DOLLAR x($4,65$,800.00); payable•to the order of Grantor and bearing ' interest as therein provided, containing the'usual clauses re- •viding for acceleration' of matii,rity and for attorney's fees, the ; payment Of which note is secured by a First and Superior,Ve dor's .' Lien•and Superior Title herein retained, and is additional) '-'.secured by a First and•Superior Deed of Trust of even date ere- . with to R. Al Haywood, Trustee; the further consilera ,tion of the execution and delivery by Grantee its one ce #tain promissory note in the original principal sum of $1,165,000, of•even date herewith, payable to the order of•Travis Balk i nd ' JOINT VENTURE, a,Texas venture partnership 0 • , ;• - -, . -',. ‘, , ,i n .4 1 Robert E. Clark; Julian Zimmerman, and John K. CorWWWthwrie'' ,...... - ..,•;•:-:-..• • . ,.-- .,- ..;:..!--,,, . , _,:1,7. • Grantee), all of the following described rearproparry:ini;. ,-. • ! ' -• „,• 1. Wpliamsdn County, Texaa . ' '" , to wit: - • . :"- • -,.,'.' ' • 1 ..• ":. • . 1 .: 0"• , -. 7. ' - • 582.35 acre: Nand: nore or lesd,%out of.* : • , • . r E. W..Matthed's Survey, ,Abstract No. 449 and • the Jahn H. Randall Survey, Abstract No. 531 in Williamson County, ' Texas, more particularly described on Exhibit "A" attached hereto and • made a part hereof.' , • .. • • . , . , . TO HAVE AND:TO-HOLD, the above described p emites,togethe .. . • . • with all end singular rights and appurtena ces thereto in Y : ' • . wise belonging unto said Grantee, its successors and .assi s forever; and Grantor does-hereby bind itself, i s.success4s I .. assigns to (1ARRANT AND FOREVER DEFEND all.and.s'n gu lar'the sat • • . . .. • premises unto the said Grantee, its successors and'assigas„ T 4 .4 against every person whomsoever lawfully clai ing or tO,claim • . ! • same or any part thereof. ' ' ,;:. But it is expressly. agreed.that a First d Superior Vendo Lien, as well as the 5uperior t ths'above descri 1 .1 premises, is retained)againSt the above 4p,s ibedproperty, pr • ises and impro4bments for the benefit Of'Graitorluntil thb abo described $4,658,800.00 note and all interest,thereon arefull ., • .;,, paid according to the'face, tenor effect and read v ing thereof; 1 . . ' 1 . • ! .. i and that for and in consideration.of the advancement and payme t • - f , , , rir • I '• " ' . 4 • in 'cash by Travis Bank and Trust to Grantor of a potion Of.' i A;, .! 1. purchase price as evidedced by above described $1,165 - ,000. ' . 1 ! . note, a Second and Inferior Vendor's Lien, as well ae-i,* 1 • • title in and to the above described premises, is retained agii st • , • • . , . • , the above described property for the beneiit of sai&Travie .. and'Trust, and * the same is hereby assigned)ind-transferred tiw L . 1 . ! , • said Travis Bank and Trust, and its successors and estignet ' out recourse to Grantor, and said Travis Bank and -• ' 1...' have the right to re ase said Second And,Inferioe; andor'ip ., •'1 '1 1 ,. • .., uponpayment said $1,165,,000.00 note pid all 14 st - ' "4 1 C urrent.ad valofeM iaxes t said propeatj having been pro• i'.,rated, the payment Ahereo is assumed by Grantee. ' I ma e and acCepted subjeCt any and This o is . e cements; covenan s; 'rig ts- of- way,.conditions, restrictions, mineral reservations and royalty reservations, if any, rellting ;- to the hereinabove described property, to the extent, and gnly to . the extent, that the same•may be in force' and effect, and 1.• No noxious pr offensive,activitieq of any kiid I shall be carried on, conducted or permitted uponthe herein conveyed property, .nor shall anything be done thereon which may he, or mRy become an annoyance-to the •neighborhood. It is expressly agreed that the foregoing covenants and restrictions shall not beconstrued.to I •.prohibit the use of.the property for duplex residentia „ - or multi - family residential purposes, which uses shall be permitted uponany portion of the property, except s . hereinafter provided. I •• 2. No mobile home,or trailer shall be placed cr used upon any part-of the'herein conveyed at. any time as, a residence, either temporarily or perma- '.... • nently; provided, however; mobile,homes and trailers may be used as a temporary construction office during tho actual period of construction of improvements upon the property or any part.thereof. ,1 • 3. That • located within tt the herein wohundrediftyfeet feet property (250) of the e boundary lines of•t:hat certain one hundred -acre tract � of: land described on Exhibit "B” 'and made a part hereof. (herein the "100 acre; T•raet "•).• -shahl abexusedwrorosia►ga: e9 -. .______ family 'detached residential'purposes only, with an avgr • • .age density within area of four and one -half (411)'., 1. ,. single family detached residential units per acre. '[2ie minimum size of each l or tract within said area sh 11- be seven thousand (7,000) square feet and only one el gle gamily detached residential strdcture shall be co • structed or permitted - on each s lot or tract j , . said area. .. ; j ., . . • • The foregoing covenants and restrictions shall be coyenan a run - :ning with and binding upon the herein conveyed property and shall - .restrictions: 1 • r, ..either shown of record in Williamson County, Texas, Without limiting the generality of the foregoing, .this con- • •veyance is further made a1id accepted subject to theladditi nal covenants and restriction as hereinafter set forth and th .prgp- erty "herein conveyed shal..be held, transferred, sold, con eyed, .used and occupied subject to the following covenants and r � . the office of the,County Clerk o . or apparent on the property. e) • . ' be :binding upon Gra tee, its successors ad ' ass ia , t . u2� ' ' i a seguent owner or owners of any ' ' of the he �: • 14 property. Said.covenants and rest i s hall i r ? .e.4, ' h111� t o berefit'of, and shall be enforceable byt Grantor,'its sue and o or owners of all or a f n Y` pat : of tho' described 10 acre ract, owner) pr ownera•of all Or: 1i part.of the, propert herein conveyed. • nforcement of sai• c na and restrictions shall be by proc eding at law or in : • against' any person or. persons violatin or attempting to viol acreTract and'shall any s uch restriction or covenant, by i lation, to.enforce specific perfo Failure to e .or all of the above. tioni hereitn contained 'shall in no right so thereafter; • There is hereby further excepted and reserved'unto Grantc1 its successors and•assigns, and any subsequent owner or owner 'of M I all•or any part of the above " described 100- acre'T ;act an ergs ant - andiright -of -way for the free and uninterrupted:use of accesilfor ance forc vent j unction to reatrain :v o- ; or o recover damage , e any covenant or rest •ic. be•deemed.a waiver of the be deemed to be aI ovenant with an : `• a ? running with` the land. • , ,Grantee agrees t �k provide access to�said 100- acre'Tra ' dedicated and cted public'roads n three '(3) locat :one of which shall provide access to the west boundary li;`y pedestrian and vehicular ingress and egress over and across a l ' sixty -foot strip of land,'being thirty feet'(30') on either a from'the center line of the existing roads on the herein•conv , property, as generally depicted on Exhibit' "C" attached hereto • t 'made'a part hereof, providing access to the abgve 1 • • acre 'Tract from County Road 122. .It is expressly understood t the easement and right -of -way herein reserved may be re/ot.at location as Grantor; its successors and aseigne,•ani'Cr its successors or as i sx gns, � may mutuaflT1 agree The aaeameltt right - of - way shaIl'b an appurtenance the above describ; 1 ` ' of which shall, provide accessIto the sbuth boundary of a • 100 -acre tract (one of which shall be .• located between 159 and :150 feet west of the southeast c orner of aid 100 =acre Tract acid•the 'second on which• shall be located between 2,000 and 2,300 feet west of' the southeast corned of Said ,' 100- acre Such.access as• described above shall be pro - vided'by its successors .and assigns, •in.confect_on with • the development of the property conveyed he eby. . The obligation to provide such access shall be a covenan running with the land and shall be independent of the easement 4rein reserved or any relocation thereof; or any easement granted under the provisions of the deed of trust securing the above dfscribed note; provided, however, the easement and right - of - way h¢rein 'Above reserved shall.automatica` ly terminate when access to the • said 100- acre the locations set forth above have been 'provided by dedicated. and constructed public Streets or. toads in accordance with the provisions hereof. It is expressly agreed • that an affidavit signed by•ibrantee, its successors or assigns, stating that access to the Said 100 - acre Tract has'•been vided by such dedicated constructed public streets o roads #n accordance with the provisions hereof and filed for record in the office of the County Clerk of Williamson County, Texas, shall! I be conclusive evidence of the terminationof the easement and right -of -way hereinEbove reserved.' EXECUTED tbiuthe- ' i ...r, l _ f Ill , 1984. • , " fI PFLUGER- KNEBEL RANCH PARTNERSHIP, a Texas general partnership Grantee's Address: • • By: O j J`.twe,8A3soatty QaM.o 1Qoest Yee, (AA Kenneth M. Pfluge Partner , '10.1 1020.PAGE o pro - aging • • This inatruznt was. acknowledgedefore. me t uft 1984, KENNETH M. PFLUGER, Managing Partner of p RanchPartnerahip, a Texas general partnership, on general partnership. - ..�.:: _ • a My, Commission. E • °•Vary' 2 , : 1 ' 14 6 i i►t Name • State of Texas. • /Mi a naq ' .:`,FIELD NOTES FOR MR. BOB CLARK: t 1 . ! BEING 582.35 acres of land, okwhicW 237.13'acres are situated in the ..E. W:- Matthews Survey, Abstract No., 449 -and 343122 acres Ake- Sit tad . p ia the John H. Randall Survey, Abstract No. 531 in Williamson County, Texas ;' -said land beipg•a portion of that,certain Firat Tract, cal ed 640 acres, and. Second Tract; called 289 icres, as conveyed. to Otto C. - Pfluger by deed as necorded in'Volume 347, Page 574,.of the Deed . Records of Williamson County, Texas,, and that certain tract of laed,- called 100 acres, as conveyed to Otto C. Pfluger by deed as recorded in.Volume 35.5, Page 394, of the Deed Records of Williamson County ' Texas. Surveyed on the ground in the month of January, 1984, and #r the supervision of R. T. Magness, Jr., Registered Public Surveyor . aOd being more particularly described as follows: [ BEGINNING at an iron pin set at'a• fence corner on the East line o •County Road No. 122, and being the N.W. corner of the ebove -refer need .100 -acre Pfluger.tract, for t hg j .W. corner hereof; said.point be rig* onot near the North line of e John'H. Randall Survey, A -531; ' THENCE,'- with a fence along the North line of the said.100 -acre Pf uger • Cract,,and along or-near t said North line of the John H. Banda 1 _Survey, A -531, as follows: 'S 89 34' 30 "'E, 925.10 feet to a 40d ' 'nail set; S 89° 06'30" E, 1019.51 feet to an iron•pin found; S 8 • -'15' 30" E. passing the N.E. corner of the. said 100 -acre Pfluger t act and northerly N.E. corner of, the above- referenced Pfluge Se Tract, and continuing with a fence along the North,line ofjthe • said Pfluger Second Tract,,for a total distance of 1021.61 feet, pi all, to a 40d nail set; S 48 53' E, passing by or near the N.E. 1 corner of'the said John.H. Randall Survey and the'N.W. corner of the E.W. Matthews Survey, A -44 being the N.E. corner of the said P lyger ' Second Tract and the N.W. corner of the above - referenced Pfluger First Tract, and - continuing with the' fence along the North line of the said •Pfluger First Tract and along or near the North line of the said E. W. Matthews Survey, for a tot distance of 1031.93 feet, in all, t en iron pin found; S•88 50''. , 381,12 feet to an iron pin set at'a� • ' fence corner and S 89 13' , 503.24 feet to a metal post, for the most northerly N.E. corner- ereof; THENCE S 12 04' W,,612.04 feet to an iron pin set; 5 48 10' W, 766:74 feet to a 40d nail set in a fence, and S 9° 57' 30" W, 425.53 feet, with the said fence, I to an iron pin set for'_an inteiior corner ' bereof; THENCE•S 89 17' E, 3241.38 feet to an iron pin set: in a fence on the East line of the said Pfluger First Tract, being'on Qr near the East line of the E. W. Matthews urvey, for the most easterly N.E. corner hereof; • THENCE, with a fence along the said East line of the Pfluger Fir }}t ; Tract, and along or near -the'said East line of the E. W.- Matthewl' `• . Survey, as follows: S 0' 48' W, 437.70 feet to an iron pin set at a fence corner and•S 0 45' 30" W,. 1533.03 feet to an iron pin a t, • for the most easterly S.E. corner hereof;. � "P"' " ^17' •W, - 2581.89 feet to an iron pin set for an inter$or. • • , corner hereof; F THENCE S 0 43' W. 1512.14 feet -to an iron pin found at a fence corner ' for the most southerly S.E. corner hereof;.. . THENCE; with a fence, N 89' 19' 5, 1125.00 feet to an iron pin set on or near the common line between the said E. W.-Matthews Survey and the John H. Randall Survey, being the common line between the - said Pfluger Firat Tract and the said Pfluger Second Tract, and • • Page 1 of 2 Job No. r 9205 r• # s l 1 St S 87' 03'•W, 163.99 feet to an iron found for, S.W.• hereof; - THENCE N 1 23' 301 E. 431.50 feet to an iron pin foxed corner hereof; ., ` ". THENCE N 88' 56' 30" W; 1106.09 feet.toian iron pin lb* rk '' 4 r S.E. corner of . lackrabbit Subdivision, a subdivieion . i .Cabinet E," Slides 213 -214 of the Plat Records of CO Texas, for a southwesterly corner hereof; ! ' THENCE N 0 58' 30" E . fee .. eet to an iron pin founds king the N.E. corner�of the said Jackrabbit Subdivision for an inte for to hereof; • • ' THENCE N 88 41' W, 2404.80 feet to.an iron pin found on the a 1 line of County Road No. 122, marking the N.W.. corner of said i rabbit Subdivision, for -the most ves-erly S.W corner hereof; THENCE, with a fence, along the said East line of County Road No. 1 2,: as follows: N 0 43 1443.73 feet to a 40d nail set; N 0 36':E 1822.83 feet to att iron pin'set; N 76 26' 30" E, 40.50 feet to an iron.pin set; N 6' 38' 30" W. 259.14 feet to an iron'pin'i and N ' 07' E, 255.13 feet to the place of BEGINNING and containing 582.3 acres o land. ' -r ' NOTE: .. i . The above - described tract of land is subject to a 10 -foot - wid e Pub c Utility Easement along and 10 feet South of the - entire most norther North line. - ; I- The above- described of land is subject to an easement to Eros Creek Water Control and•Improvement District No. 1 of Williamson ' and Milani Counties of record in Volume 430, Page 643 of.the Deed Records of Williamson :.County, Texas.., ' • STATE OF TEXAS - I . ' I j KNOW LL THESE PRESENTS: : COUNTY OF WILLIAMSON 1 • I. R. T. Magness, Jr.`, Registered Public do hereby certi � , that the above - described tract of land via surveyed on the ground my personal supervision during the month of January, 1984, and.tha aUin• description is true and correct to the best of my knowledge and be TO CERTIFY WHICH, WITNESS my hand. and seal at Georgetown,. Will ' County, Texas, this the 12th day of January, 1984, A.D. „ a s o ,.10,0..00 acre . tract' in the N.E. cornet Pflu of the said ger First'Tract is along an 1. existing Pasture Road or'as• shown, said access ' to be 60 . feet wide. -� Regis urveyor, as ' . Maspess,1, 1433 y` j s y ! �Rt• , s: P 1 , FIELDI NOTES FOR KEN Pf itGER: 1 4 ;sk . . B 6 acre's of land situated in the, E. W. Matthews Survey, thatract . • Nd. 4291n Williamson County, Texas; said land being a of certain First Tract, called 640 acres as conveyed to portion Otto Pfluer by deed Iof as recorded in Volume 347, Page 574, the•Deed Records. ( County, Texas Surveyed on the ground in the month of January, 1984,. under the. superifisiin of R. T.-Magness,'pr., Registered Public Surveyor, and being more particularly described as foll ' BEGINNING at an iron pin set at a•fence corner at or neat N.E. corner of • '.the E�W: Matthews Survey, A 449, markin the N.E. corner of the above- referenced : Pfluger Tract, for the N.E. corner hereof;' THENCE,'S 0' 48' W,'1,52O.95 feet, with a fence along the east line of the said. �� Tract'and along or near the east line of the said E.W. . Matthews Survey, to an iron pin set for the S.E corner hereof; • • 'THENCE, N 89' 17' W, 3,241.38 feet to an iron pin set in a fence for he S.W. corner,.hereof; I. ,THENCE, N'9' 57' 30" E, 425.3;feet,.with a fence, town iron pin set; N 48' •10 E, 766.74 feet to an iron in set; and N 12° 04' E, 612.04 feet tp•a metal . :post the north line of the said Pfluger Tract, being_on or near the nort- s • •line , of the ' 'said E i W. Matthews; Survey, far the N.W. corner hereof; 1 THENCE /. with a fence, along. the, north line of the said Pfluger Tract, and along' r - .'or near he north line of the said E.W. Matthews Survey, S 89' 13' E. 198.54 „ • .feet t an iron pin set; ands$ 88 ° ,51.' E, 2,291.43 feet to the Place f :BEGINNING and containing 100.00 acres of land. 1 NOTE:' above - described tract of land is subject to an Easement to Brushy Creek tfater'Control and Improvement District No. 1 of Williamson and Milem . Counties of record in Volume 430, Page 643, of the Deed Recorda'of Williamson • County, Texas. Re : later STATE OF TEXAS I. •• ' KNOW Al.L MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON F i j I •I, R..T. Magness; Jr.,Registered Public Surveyor, do hereby certify that the above - described tract of land was surveyed on the ground under my] •• . personal auperviaion during the month of January, 1984, and that said •description is true and correct to the best of my knowledge and belief: •. TO CERTIFY WHICH. WITNESS•my hand and seal at Georgetown, Williamson •• 1 1 County, this the 12th day of January, 1984, A. D. • I w I4 *'' . I 4. .a / - T i R. . Magness. Jr_ 4.!.. : .,, . a 1. f 1433 t., Sfe. flt t 1"I %`• • AW f • r trx VOE 1020 PAGE ?78 (• .. ■ • 1 1 � `''G° � t I . ► . ltt I ' 1 11 a 5;8 l .. .9 SL'ff r • •rr s_._..{ mi tt• . • - •• sommisruic . -sri• YIP'';.. ^, f; l :• .5 7PL�EV� ■ • N), �S- • V CC .. ; c) ..-.. Y J 14.1 Li :- I • • 41 • • . I ; 1 hereby certify that this Instrument was RED j on the date and at the time stamped hereon f by me; and was duly RECORDED. in the Volume I I and Page of -the named RECORDS of Williamson County. Texas, as stamped hereon by me, on f � . • . JUN 11984. j COUNTY 7 WILLIAMSON COUNTY, TEXAS STATE OF TEXAS COUNTY OF • STEPHAN L SHEETS KEVIN HENDERSON CHARLES D. CROSSFIELO Mr. Willie . Irwin, President Golf West ompanies 2350 We Shaw Avenue, Suite 144 Fresno CA 93711 Dear Mr. Irvin: 4 1 j This letter is in response to your letter of January 17, 1990 as well tas your invoice of January 4, 1990. Although the amount of the invoice was $37,500, as I now understand it, you are now demanding payment of $75,000. 1 As you are well aware, there has never been an agreement, written or verbal, between the City and Golf West whereby Golf West was to be paid ;$75,000. The first time that fee was ever disclosed to the City was when it appeared in the preliminary official statement. The City immediately questioned the amount and purpose of the fee, and was told ;that it was for Golf West's services as Lessor for the financing transaction. The fee seemed somewhat excessive, but the City was told that lit was necessary to close the financial transaction as origin- ally-contemplated. When the bond attorneys ,determined that tax law required that a non - profit corporation be named as Lessor, Ken Ough at first told Bob Bennett that the $75,000 fee would no longer be due. A few days later'; however, Ken said that Golf West was entitled to a portion of the fee for reimbursement for its time and out -of- pocket expenses. At that time Bob and Ken agreed that $20,000 was a reasonable figure. As for your contention that you are entitled to $75,000 for your efforts in arranging the underwriting to accommodate the transaction, it is the City's understanding that CCA- Silband was hired as a consultant to, among other things, help arrange financing. Frankly, since no formal agreement exists between Golf West and the City, and we see little, if any, evidence of your efforts, there 1 is some question as to whether or not the City owes Golf West any- STEPHAN L. SHEETS & ASSOCIATES ATTORNEYS AT LAW 309 E. MAIN STREET ROUND ROCK. TEXAS 7664 February 7, 1990 Re: Payment for financial services for City of Round Rock, Texas Golf Course Trust Certificates, Series 1989 TELEPHONE (512) 255 -0077 J Mr. William P. Irwin February 7, 1990 Page 2 thing, much less $75,000. However, Bob did agree with Ken Ough to pay $20,000 in settlement of the claims of Golf West, and the City intends to abide by that agreement. Re Accordingly, enclosed please find a check for $20,000.00 and a lease of All Claims. This check is being tendered to you on the express condition that your acceptance is in full and complete settlement of your bill. You are instructed that you are to endorse and !deposit this check only after you have executed and returned the enclosed Release to the City. If you cannot agree to these con- ditions, then you are instructed to return the check to the City. I I trust that you will accept this check and will return the executed Release at your earliest convenience. SLS /gj Enclosures RETURN RECEIPT REQUESTED CERTIFIED NO. P 269 985 291 cc: `Bob Bennett ✓ 221 E. Main Street Round Rock, Texas 78664 r Bob Husband CCA- Silband 15821 Ventura Blvd., Suite 665 Encino, CA 91436 _ Ken Ough ,'Seidler- Fitzgerald Public Finance 1515 S. Vigueroa Street Los Angeles, CA 90071 Sincer ivror Steph -' L. Sheets City Attorney 4 FOR AND IN CONSIDERATION of the sum of $20,000.00, in hand paid, the receipt of which is hereby acknowledged, Golf West Companies, hereinafter called claimant, does hereby release and discharge THE CITY OF ROUND ROCK, TEXAS, its agents, servants and employees, and any Land all other persons or entities, of and from any and all liability, claims, demands or suits, whether now known or unknown, resulting from any and all financial or other services rendered of any ikind whatsoever in the funding for City of Round Rock, Texas Golf Course Trust Certificates, Series 1989. For said consideration, claimant agrees and warrants: that no promise or agreement not herein expressed has been made; that this release is not executed in reliance on any statement or representa- tion" made by the party or parties hereby released or by any repre- sentative or agent of any party released; that the above mentioned sole] consideration is accepted in full compromise, settlement, accord and satisfaction of all claims and demands, past, present and future; that) this agreement is contractual and not merely recital; and that any claim for all bills, costs and expenses of every kind is included herein. It is further agreed and understood that this agreement shall not be construed or used as an admission of liability on the part of any partyl released, by whom liability is expressly denied, and that the sum herein paid is by way of compromise and settlement of a disputed matter and controversy, and is made in order to avoid the trouble and expense of further investigation and litigation. WITNESS OUR HANDS this day of February, 1990. Golf West Companies STATE OF CALIFORNIA F COUNTY OF . 1 This instrument was acknowledged before me on February 1990,, by of r , a California corporation, on behalf of said corporation. RELEASE OF ALL CLAIMS By: William P. Irwin, President Notary Public, State of California Printed Name: My commission expires: PAY ORDER CF et■ TRUST - Austin, N.A. RECE „li IVED t:E6 6 ECK •"" _ P 0 _Box Te,as 7876'S _ _ _ taRUARY.2 15' ACCOUNT NO. 0403173001 806 AU TWENTY THOUSAND AND NO/100 GOLF WEST COMPANIES__ 2350 W. SHAW AVENUE, hiiE 144 _FRESNO, CA 93711 11'0 / 719 16v 41/492/8004101'90 00 5511' NON - NEGOTIABLE PLEASE DETACH BEF RE PRESENTING FOR PAYMENT ALOUNT NAME lAipavaot ROM_ROCK GOLF DELIVERY COSTS FUND 11ISC. DISTRIBUTION FINANCIAL SERVICES IN FUNDING FOR GOLF COURSES $20,000.0 tAPPAYfrAtisitaliMOItisikvAN, • atall~a645A54aUl AV.A' Must be c untersigned $50,000.00 and ove DATE FEBRUARY 2, ' TRUST C ACCOUNT OFFICER / 01719_ MICHAEL 0. IRWIN t/ _ P2IIRSICINTE.XAS Endorsement & Deposit Constitute Release of All Claims Against City of Round Rock, Texas ' 1 / / ./i >,,, TIIE CITY OF ROUND ROCK ) i \ \..•...••,.•.... . (� 221 East Main Street ' � '� ' : Round Rock, Texas 78664 1 (\ \ir r 512- 255 -8612 \'.`. � \ � . 1 Mayor Mike Robinson: Mayor Pro -tem Ronnie Jean Council Members John Hood Glenn T. King Pete Correa Charles Culpepper Trudy L. Lee City Manager Robert L. Bennett, Jr. City Attorney Stephan L Sheets Richard M. Phelps Richard M. Phelps Ltd. Golf Course Architect 1522 State Highway 74 Evergreen, Colorado 80439 Dear Mr. Phelps: Enclosed please find an executed agreement between your company and the City of Round Rock for professional services relative to the develop- ment of a golf course. If I may be of further assistance, please do not hesitate to contact me. JL:dh enc. July 26, 1988 Sincerely, Joanne Land City Secretary THIS AGREEMENT is made and entered into this .420 day of .(40.// , 1988 , for the design of an 18 -hole golf facili y in the Round Rock area, by and between the City of Round Rock, Texas, hereinafter referred to as Owner and Richard M. Phelps, I,td.M - Golf Course Architect, hereinafter referred to as Golf Course Architect or GCA. AGREEMENT W I T N E S S E T H WHEREAS, the City of Round Rock, Texas, intends to develop an 18 -hold golf facility in the Round Rock area, hereinafter referred to as the "Project ", therefore: ARTICLE 1 The Golf Course Architect agrees to provide professional services as consultant to the Owner for the Project as hereinafter set Iforth, as the term Project is defined above, in accordance with the Items and conditions of this Agreement. ARTICLE 2 The Owner agrees to pay the Golf Course Architect as compensation for professional services in accordance with the Terms and Conditions of this Agreement as follows: 1 2.1 For Consultation to ascertain the requirements of the Project, there will be no charge. I 12.2 For Golf Course Master Development Plan, an amount not to exceed Fifteen Thousand Dollars ($15,000.00). 9 #2.3 For the Golf Course Architect's Additional Services and for the { services of other professional consultants for the Project, beyond the Basic Services as described in this Agreement, shall be the O I wner's responsibility as described in Article 3. i i 2.4 The times and conditions of payment shall be as described in Article 5. C2 6AGREEME 2 3.1 CONSULTATION TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND GOLF COURSE ARCHITECT ARTICLE 3 BASIC SERVICES The Golf Course Architect's Basic Services consist of the phases described as follows: 3.1.1 The Golf Course Architect shall consult with the Owner to ascertain the requirements of the Project. 1 3.1.2 Due to the complexity of the overall development and the inter - disciplinary nature of the various planning and design responsibilities, the Golf Course Architect shall be involved in all phases of the planning effort relative to the location and the layout of the proposed golf course facility. Proper communication and coordination during the planning process between the City of Round Rock; Planning Consultants, Developers, the First Golf Corporation officers of the Savings & Loan Associations and the Golf Course Architect will insure total functionality and highest quality design of the golf facility as well as maintain the proper relationship between all of the plan elements of the Project. Most critical of these elements are space allocation, location of property lines, grading and surface drainage and golf course maintenance requirements. 3.2 MASTER PLAN REVISIONS AND FINAL MASTER PLAN 3.2.1 Preparatory to the planning process, the Golf Course Architect will review and evaluate the preliminary plans and data which relate to or affect the proposed golf course site area to thoroughly acquaint himself with the site. Included and especially impor are reviews of subdivision plans, site inspections and meetings with the various team members to fully understand and coordinate the elements of the project. Additional study will also be made of ground slopes, soils, drainage characteristics, vegetation, and all of the special relationships which require careful consideration in the planning of a golf facility. Aerial photographs, topographic maps, soil tests and reports, natural landforms, water courses and flow patterns, and adjacent land uses will be studied as important elements of the design process. 3.2.2 Following careful critique of the preliminary design study, the plan shall be informally staked in the field for review by the Owner and team members. 2. 3.2.3 The product of this review, interpretation, and planning will be a Final Golf Course Master Development Plan which conveys in detail the location, conditions, facilities, and uses as well as circulation and environmental features and graphically indicates all of the amenities of and strategy for the golf courses and the przctive /teaching area. 4.1 The Owner shall provide full information regarding the requirements for the Project. 1 4.2 The golf course Architect shall be furnished a certified land} survey of the site, one (1) half -tone mylar reproducible copy required, giving as applicable grades and lines of streets, highways, pavements and encroachments; deed restrictions; boundaries; topographic contours of the site at a 2' - 0" interval; locations, dimensions, and complete data pertaining to existing buildings, property corners, and other improvements; and full information concerning available services and utility lines, both public and private, above and below grade, including inverts and depths with complete easement information. (Scale to be 1" = 100' - 0 ") ''4.3 The Owner shall furnish the services of other professional consultants when such 'services are deemed necessary by the Golf Course Architect and the City. 1 14.4 The Owner shall furnish any laboratory tests, inspections, and reports as required by law or the Contract Documents. 1 14.5 The Owner shall furnish such legal, accounting, and insurance counseling services as may be necessary for the Project and such', auditing services as he may require to ascertain how or for what purposes any Contractor has used monies paid to him under the Construction Contract. 1 j , 4.6 The services, information, surveys, and reports required by Paragraphs 4.2 through 4.4 inclusive shall be furnished at the Owner's expense and the Golf Course Architect shall be entitled to rely, upon the accuracy and completeness thereof. 4.7 If the Owner observes or otherwise becomes aware of any fault or defect in the Project of non - conformance with the Contract documents, he shall give prompt written notice thereof to the Golf Course Architect. *4.8 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. ARTICLE 4 OWNER'S RESPONSIBILITIES 3. 5.1 Payments on account of the Golf Course Architect's professional fee for Basic Services shall be made as follows: 1 I 5.1.1 The Golf Course Architect will invoice the Owner on or about the first of each month for completion of Basic Services performed during the previous month. All invoices, including final, shall be for actual services performed toward the completio of the elements of this Agreement. 1 5.1.1.1 Basic Compensation total for Basic Services shall not exceed Fifteen Thousand Dollars ($15,000.00). 1 5.2 Accounts will be payable within thirty (30) days of the date of billing. Unpaid accounts shall bear a carrying charge from the 4 date of billing at the rate of one and one -half percent (1 1/2 %) per month on the unpaid balance. PAYMENTS TO THE GOLF COURSE ARCHITECT 5.3 No deductions shall be made from the Golf Course Architect's compensation on account of penalty, liquidated damages, or other sums withheld from payments to any Contractor. 115.4 If the Project is suspended for more than three (3) months or abandoned in whole or in part, the Golf Course Architect shall be paid, his compensation for services performed plus reimbursable expenses prior ' to receipt of written notice from the Owner of such suspension of abandonment together with all terminal expenses resulting from such suspension or abandonment of the Work. If the Project is resumed after being suspended for more that three (3) months, the Golf Course Architect's compensation shall be subject to renegotiation. 1 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day, month, and year below written. OWNER I Cit y of Round R ck, Texas By: . P Title: Attest: Title: GOLF Rich Course Architect By: Title: s ,1 Date: ! ►' 4111,0 1 ARTICLE 5 4. Date: ab, /9gS Date: Gentlemen: THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512. 255-3612 December 4, 1990 CCA Silband/GolfCorp/Round Rock, Inc. P.O. Bo 819012 Dallas Texas 75381 -9012 CMRRR #P 354 211 438 Re: Notice of default of the Management Agreement By And Between the City of Round Rock, Texas and CCA Silband /GolfCorp /Round Rock, Inc. I am the City Attorney for the City of Round Rock, Texas ( "City ") . The purpose of this letter is to put you on notice of a default which has occurred in the Management Agreement referenced above. Article 6, paragraph 6.5 requires that CCA Silband /GolfCorp /Round Rock, Inc. ( "CCA ") provide, at its expense, a letter of credit in the form of Exhibit "D" which is attached to the Management Agreement. This letter of credit is to be provided on the Commencement Date, which is defined in the Agreement (paragraph 1.4) as the "date the Club opens for general public use." The date the Club opened was October 19, 1990. The failure to provide the required letter of credit is an event of default as defined in paragraph 17.1.2 of the Management Agreement. You are requested to cure this default by immediately providing the City with the required letter of credit. I trust that this notice will be sufficient to cause the default to be cured, but if not, the City is prepared to take the necessary legal action to protect its interests. Sin , t Mayor Mike Robinson Mayor Pro-tem Charles Culpepper Council Members City Attorney Robert Sttaka' - Tish Oatman Pete Correa SLS /gj Earl Palmer - co: Andrew Crosson Jimmy anage GolfCorp CCA /Silband City Manager, Robert L!Bennett, Jr. 15821 Ventura Blvd., Suite 665 City Attorney Encino, CA 91436 Stephan L Sheets CMRRR #P 354 211 439 and Via FAX #(818) 782 -9450 Steph n L Sheets CCA Silband /GolfCorp /Round Rock, Inc. December 4, 1990 Page 2 Page & Addison, P.C. 14651 Dallas Parkway, Suite 700 Dallas, Texas 75240 CMRRR #P 354 211 440 Robert L. Bennett/ City Manager City of Round Rock 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 GOLF G1111Ms CONSULTING SERVICES AGREEMENT This AGREEMENT made and entered Into by and between Golf Resouce As- sociates, a corporation having offices and a place of business in Fulton County, Georgia, hereinafter called "GRA ", and the City of Round Rock, Texas herein- after called "Client", WITNESSETH: That whereas Client desires to obtain consulting services with respect to a mar- ket evaluation for a proposed public golf facility; and Whereas GRA desires to provide such services In exchange for the fees spec- ified hereinbelow; NOW, THEREFORE, in recognition of the foregoing, and each in consideration of the duties, covenants and obligations of the other hereunder, the sufficiency of which is hereby mutually acknowledged, the parties hereto agree as follows, to wit 1. Client retains GRA to perform, and GRA shall perform for Client, consulting services with respect to a GOLF MARKET EVALUATIONTM for an 1 8-hole public golf course as under consideration fordevelopment by Client. 2. Without limiting the generality of the foregoing, the consulting services tope performed by GRA for Client shall specifically include a GOLF MARKET EVAL UATIONTM as per the following: a. Market Area Definition - A definition of the primary and secondary mar- ket areas for the proposed golf facility. Factors considered include: the location of the golf facility site, the normal inclination of golf participants in their selection of a golf facility at which they will regularly participate (proximity of residence to proposed facility), and other factors which may affect the facility's accessibility or market area penetration poten- tial. b. Market Area Potential - An evaluation of the probable existing and pro- jected size of the primary and secondary market area in terms of num- ber of public golf facility and private club golf participants and the po- tential number of public golf rounds of play. Factors considered include: 1. Demographic and Economic Characteristics: An evaluation of the probable tendency of the resident population to participate in golf. Evaluations and estimates are based on a comparison of key pri- mary and secondary market area resident demographic character- istics with those characteristics which are typical of national and 1 regional golf participants. Factors evaluated include: age, house- hold income, educational attainment, and type of employment. 2. Size of Population: Past (1980), current estimated (1987), and pro- jected (1992) sizes of the defined primary and secondary market area resident populations are evaluated in terms of the probable number of golf participants as per estimated levels of incidence of participation and the foregoing evaluation of the resident popula- tion's demographic and economic characteristics. 3. Climatic Characteristics: An evaluation of the market area's climat- ic characteristics in terms of a proposed or existing facility's prob- able number of operable days. GRA estimates pertaining to the number of rounds of play which might be accommodated by a local public golf facility are predicated on local climatic character- istics and the operating experience of local golf facilities. 4. Competitive Golf Facilities: An evaluation of golf facilities within the proposed facility's primary and secondary market areas. The eval- uation includes information pertaining to type of facility (municipal, daily fee, private); the size of the facility (number of holes and length of course); the amenities and user services provided by the facility; the facility's fee structure; the number of rounds of play (actual or estimated) or members accommodated by the facility; and other general operating characteristics. c. Market Share Potential - An evaluation of a proposed or existing facil- ity's anticipated share of the estimated available public golf market. Factors considered include: estimated market area potential (public participants and rounds of play) and existing and planned competitive golf facilities within the defined market area. Market share potential, Is expressed in terms of estimated available rounds of play in comparison to the normal number of rounds of play accommodated by a public golf facility of the type to be developed. d. Conclusions and Recommendations - Based upon the foregoing review and evaluation of pertinent market area and golf participation factors, GRA provides specific conclusions and recommendations regarding the probable level of resident market demand for public golf facilities, the market share potential for the proposed or existing facility, and the overall market viability of the project. 3. GRA shall present findings, conclusions and recommendations In the form of a written report to Client, which shall include such charts, drawings, maps 2 and/orother graphics as are necessry for the Client to derive as much ben- efit as possible from the report. GRA shall furnish Client with two bound cop- ies of the finished report. 4. GRA shall commence its performance of the consulting services described herein no later than 30 days following Client's execution of this Agreement. Delivery of a final report to Client shall be made no later than 60 days fol- owing GRA's completion of project related on -site research. GRA, however, may receive time extentions to the extent of any delays caused by Client, or by matters over which GRA has no control. 5. Client shall make available to GRA all data, documents, and other materials which bear any reasonable relationship to the consulting services to be per- formed by GRA, as may be requested by GRA, or which Client desires that GRA be furnished. 6. In consideration of the performance by GRA of the consulting services des- cribed above, Client agrees pay to GRA, at 4200 Northside Parkway, Atlan- ta, Georgia 30327, the total sum of Four Thousand Nine Hundred Ninety Nine Dollars ($4,999.00), inclusive of project related expenses, in the fol- lowing manner: a. Thirty percent (30 %) of total fee, the sum of Fifteen Hundred Dollars ($1,500.00), is to be made to GRA upon Client's acceptance and exe- cution of this Agreement. b. Twenty percent (20 %) of the total lee, the sum of OneThousand Dollars ($1,000.00), is to be made to GRA within thirty (30) days following com- pletion of GRA on -site project research. c. The balance of the total fee ($2,499.00) Is payable within thirty (30) days following GRA's delivery of a completed GOLF MARKET EVALUA- TIONTM as described herein, to Client. 7. This Agreement shall be in force and effect from and after the execution hereof by authorized representatives of Client and GRA, and shall remain in effect until thirty (30) days have elapsed after final payment to GRA. 8. The Agreement as contained herein is deemed to be one under the laws of the State of Georgia only, and shall be construed and given effect with the laws of that state and not otherwise.lf legal action of any kind is instituted as a result of execution of this Agreement, Client agrees to pay such additional sum as may be adjudged reasonable as attorney fees In such legal action. 3 IN TESTIMONY OF WHICH, WITNESS the execution of this Agreement in duplicate original instruments, each of equal dignity, force and effect, by the parties hereto as follows: y� Executed on this day of 4■5 , 1988 by undersigned hereunto duly authorized representative of Client: CITY OF RO ND _ OCK, TEXAS By: Title: Executed on this tOTh day of MAY , 1988 by undersigned hereunto duly authorized representative of GRA: GOLF REST. - C1 4 1, SOCIATES By: •4,L., President 4 • -.. ., , . ' 9 ; 4 1 1 R . 1 - 4 1 V 4 1 , ' - s : ' ...:. 4 ' • '') — , k g 7 , 4 ' 4 6 4 ..4•1,. A ...W.A 4ortS 1 2 f .t.'.....1?%'' .” ' 10 19 5458 . . , „ 1 : , . . , „ , - -.. . . , • , ., .„.„,,, , ,. . , , ..C. "R. 44 AS Golf Market Evaluation . ..,; .t 1 , - , . . . OS ' , l a ,..,' ' ` .. iTt:..$4.r.O.ik,A , 1 ,4,. 1500.00 . ■ - , DISC • NT .t .. <4.P".;0i.n.4 . ....1 0 f Alje 0.00 - • • • % , s ' NET AMOUNT ` .,..4.Ar . , ■.A7 ...' ' '74 1500.00 , "r. . , \ , • . . ...., 1; , ! 4 , ow.sli„..51.toctoRectstvimo.R0.0„Npy Avotor , • ••0060 LIVING 7•1814 PROUD HERITAGE TO THE - ORDER ' . Golf Resource Associates •• ' 1 Atg.15, .lomaegomay, THE CITY,OF ROUND ROCK 214 E. MAIN ST. • ROUND ROCK, TEXAS 78664 • , *•—• , 'DATE '• CHECK NO. 5-11-88 • 0016437o• 1:3 L49706 Ell: DETACH BEFORE DEPOSITING 16437 $1500.00 • i O - CK VJ I 1.5 Th iln„d !2; 11•4013 00 L 9 So' A N 437 00080 ROCK. AMOUNT THIS AGREEMENT is made and entered into this 2, .not- day of / b , 19 8 , for the design of an 18 -hole golf facility eas of Round Rock, Texas, by and between the City of Round Rock, Texas here- inafter referred to as Owner and Richard M. Phelps, Ltd. - Golf Course Architect, hereinafter referred to as Golf Course Architect or GCA. AGREEMENT W I T N E S S E T H WHEREAS, the City of Round Rock, Texas intends to develop, an 18 -hole golf facility east of the City, hereinafter referred to as the "Project ", therefore: ARTICLE 1 The Golf Course Architect agrees to provide professional services as con- sultant to the Owner for the Project as hereinafter set forth, as the term Project is defined above, in accordance with the terms and conditions of this Agreement. ARTICLE 2 The Owner agrees to pay the Golf Course Architect as compensation for pro - fessional in accordance with the Terms and Conditions of this Agree- ment as follows: 2.1 For Consultation to ascertain the requirements of the Project, there will be no charge. 2.2 For Final Golf Course Master Development Plan, an amount not to exceed Two Thousand Dollars ($2,000.00). 2.3 For Golf Course Design Document preparation for the 18 -hole golf course as described in Paragraph 3.3, a lump sum amount of Fifty Thousand Dollars ($50,000.00).. 2.4 For the Golf Course Architect's Additional Services and for the ser- vices of other professional consultants for the Project, beyond the Basic Ser- vices as described in this Agreement, shall be the Owner's responsibility as described in Article 4. 2.5 The times and conditions of payment shall be as described in Article 6. 3.1 CONSULTATION TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND GOLF COURSE ARCHITECT ARTICLE 3 BASIC SERVICES The Golf Course Architect's Basic Services consist of the phases described as follows: 3.1.1 The Golf Course Architect shall consult with the Owner to ascertain the requirements of the Project. 3.1.2 Due to the complexity of the overall development and the inter- disciplinary nature of the various planning and design responsibilities, the Golf Course Architect shall be involved in all phases of the planning effort relative to the location and the layout of the proposed golf course facility. Proper communication and coordination during the planning process between the City of Round Rock, Planning Consultants, Developers, the First Golf Corpora- tion, CCA Silband, officers of the Savings & Loan Associations and the Golf Course Architect will insure total functionality and highest quality design of the golf facility as well as maintain the proper relationship between all of the plan. elements of the Project. Most critical of these elements are space allocation, location of property lines, grading and surface drainage and golf course maintenance requirements. 3.2 MASTER PLAN REVISIONS AND FINAL MASTER PLAN 3.2.1 Preparatory to the preparation of construction documents, the Golf Course Architect will review and evaluate the preliminary subdivision and golf plans and data which relate to or affect the proposed golf course site area. Included and especially important are reviews of subdivision plans, site inspections and meetings with the various team members to fully under- stand and coordinate the elements of the project. Additional study will .also be made of ground slopes, soils, drainage characteristics, vegetation, and all of the special relationships which require careful consideration in the planning of a golf facility. Aerial photographs, topographic maps, soil tests and reports, natural landforms, water courses and flow patterns, and adjacent land uses will be studied as important elements of the design process. -2- 3.2.2 Following careful critique ,of the preliminary design study, the plan shall be imformally staked in the field for review by the Owner and team members 3.2.3 The product of this review, interpretation, and planning will be a Final Golf Course Master Development Plan which conveys in detail the location, conditions, facilities and uses, as well as circulation and environ- mental features, and graphically indicates all of the amenities of and strategy for the golf course and the practice /teaching area. 3.3 CONSTRUCTION DOCUMENT PREPARATION 3.3.1 The Golf Course Architect shall prepare from previously approved Design Documents, for approval by the Owner, Working Drawings and Construction Specifications for the 18 -hole golf facility in sufficient detail to allow for competitive bidding, setting forth in detail the requirements for construction of the Project to include: 3.3.1.1 Control Traverse Plan, in preliminary form for the golf facility to indicate permanent engineering control and reference points for all phases of golf course construction. We would require that the actual traverse points be computed and staked in the field prior to the detailed design document preparation phase by the Owner's engineers. 3.3.1.2 Site Grading Plan to indicate where quantities of earth must be cut or filled for putting green locations, for tee locations, for sand trap and mound sites, for bunkers, for water storage reservoirs, for proper fairway slopes, and for overall site drainage. 3.3.1.3 Pond Design for golf strategy and aesthetics but more importantly to receive and store water for use in the irrigation system. While the Golf Course Architect will be responsible for the conceptual design of ponds and drainageways normally associated with a golf course, the Owner will be res- ponsible for bridge design, high and low water flow crossings, weirs, inlets and outlets, spillways and any other structures or devices required as a part of or as a result of flood control or water storage. 3.3.1.4 Preliminary Irrigation System and Pump Station Plans and specifications to ensure the most efficient and economically reasonable method • of providing and distributing water for the golf facility. Since water is the life blood of the golf course, this critically important area of design will in- volve the use of an irrigation consultant who specializes in this field of design. 3.3.1.5 Sprigging /Seeding /Sodding Plan to indicate the areas to be sprigged, seeded, or sodded and the specific types of sprigs, seed or sod to be used including ornamental grasses to provide aesthetic beauty, interest, and strategic golf challenge through careful placement for hazard value. This will be done in close coordination and consultation with the Owner. 3.3.1.6 Construction Specifications consisting of written docu- ments to clearly state the required materials and the standards of construction expected of a contractor and /or construction personnel for every elements of the golf course construction process. -3- ARTICLE 4, ADDITIONAL SERVICES 4.1 If any of the following additional services are authorized in writing by the Owner, they shall be paid for by the Owner as herein provided. 4.1.1 Providing services to investigate existing conditions or fac- ilities or to make measured drawings thereof or to verify the accuracy of draw- ings or other information furnished by the Owner. 4.1.2 Preparing documents for alternate bids or out -of sequence ser- vices requested by the Owner. 4.1.3 Making revisions to previously approved Drawings, Specifications, or other documents to accomplish changes not initiated by the Golf Course Arch- itect. 4.1.4 Providing consultation concerning replacement of any Work damag- ed during construction and furnishing professional services of the type set forth in Paragraph 3.3 as may be required in connection with the replacement of such work =. • 4.1.5 Providing professional services made necessary by the default of any Contractor of any major defects in the Work of any Contractor in the per- formance of a Construction Contract. 4.1.6 Providing extensive assistance in the utilization of any equip- ment or system such as initial start -up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for oper- ation and maintenance, and consultation during operation. 4.1.7• Providing services after final payment to Contractor. 4.1.8 Preparing to serve or serving as an expert witness in connect- ion with any public hearing arbitration proceeding, legal proceeding, or in the proceedings of a court of record. 4.1.9 Design of details to indicate the design character for each of the putting greens, for all tees and for all hazards. These details, designed to a 0.5' contour interval with all spot elevations to the nearest 0.1' assure proper size, shape, visibility, contour, .artistic value and drainage character- istics for both playing and maintenance requirements. 4.1.10 Landscape plan to represent the proper placement of plant material on and adjacent to the golf course for aesthetic and strategic value. 4.1.11 Observation to visit the site during the construction period at critical times during the process as well as at the request of the Owner and the Golf Course Contractor to observe the work in progress and to report on the quality and the quantity of workmanship in accordance with the construction doc- uments. -4- ARTICLE 5 OWNER'S RESPONSIBILITIES 5.1 The Owner shall provide full information regarding the requirements for the Project. 5.2 The Owner shall designate a. representative to act in his behalf with respect to the Project. The representative shall examine Documents submitted by the Golf Course Architect and shall render decisions pertaining thereto promptly to avoid unreasonable delay in the progress of the Golf Course Archi- tect's work. Representative: acrial/l±, J 5.3 The Golf Course Architect shall be furnished a certified land survey of the site, one (1) half -tone mylar reproducible copy required, giving as applicable grades and lines of streets, highways, pavements and encroachments; deed restrictions; boundaries; topographic contours of the site at a 2' - 0" interval; locations, dimensions, and complete data pertaining to existing buildings, property corners, and other improvements; and full information con- cerning available services and utility lines, both public and private, above and below grade, including inverts and depths with complete easement informa- tion. (Scale to be 1" = 100' - 0 ") 5.4 The Owner shall furnish the services of other professional consultants when such services are deemed necessary by the Golf Course Archi,tect.and Owner. 5.5 The Owner shall furnish any laboratory tests, inspections, and reports as required by law or the Contract Documents. 5.6 The Qwner'shall furnish such legal, accounting, and insurance counsel- ing services as may be necessary for the Project and such auditing services as he may require to ascertain how or for what purposes any Contractor has used monies paid to him under the Construction Contract. - 5.7 The.services, information, surveys, and reports required by Para- graphs 5.3 through 5.6 inclusive shall be furnished at the Owner's expense and the Golf Course Architect shall be entitled to rely upon the accuracy and completeness thereof. 5.8 If the Owner observes or otherwise becomes aware of any fault or defect in the Project of non - conformance with the Contract Documents, he shall give prompt written notice thereof to the Golf Course Architect. 5.9 The Owner shall furnish information required of him as expeditiously as necessary for the orderly progress of the Work. -5- • ARTICLE 6 PAYMENTS TO THE GOLF COURSE ARCHITECT 6.1 Payments on account of the Golf Course Architect's professional fee for Basic Services shall be made as follows: 6.1.1 The Golf Course Architect will invoice the Owner on or about the first of each month for completion of Basic Services performed during the previous month. All invoices, including final, shall be for actual services performed toward the completion of the elements of this Agreement. 6.1.1.1 Basic Compensation total for Basic Services shall be Fifty Thousand Dollars ($50,000.00). 6.1.2 Payments for Additional .Services of the Golf Course Architect as defined in Article 4 shall be made monthly upon presentation of the Golf Course Architect's statement of services rendered. 6.1.3 Payments for Reimbursable Expenses as defined in Article 7 herein shall be made monthly upon presentation of the Golf Course Architect's statement of services rendered. 6.2 Accounts will be payable within thirty (3U) days of the date of billing. Unpaid accounts shall bear a carrying charge from the date of bil- ling at the rate of one and one -half percent (12 %) per month on the unpaid balance. 6.3 No deductions shall be made from the Golf Course Architect's compen- sation on account of penalty, liquidated damages, or other sums withheld from payments to any Contractor. 6.4 If the Project is suspended for more than three (3) months or aban- doned in whole or in part, the Golf Course Architect shall be paid his compen- sation for services performed plus reimbursable expenses prior to receipt of written notice from the Owner of such suspension of abandonment together with all terminal expenses resulting from such suspension or abandonment of the Work. If the Project is resumed after being suspended for more than three (3) months, the Golf Course Architect's compensation shall be subject to renegotia- tion. ARTICLE 7 REIMBURSABLE EXPENSES 7.1 Reimbursable expenses are in addition to compensation for Basic Ser- vices and Additional Services listed herein and include actual expenditures made by the Golf Course Architect in the interest of the Project for the inci- dental expenses listed below. 7.1.1 Expenses of transportation and living when traveling in con- . nc•ction with the Project. Mileage for automobile transportation shall be com- putPd on the basis of $0.30 /mile. -6- • 7.1.2 Expense of long distance`telephone calls, telegrams, mail, air freight, printing services, and supplies used in the work effort. 7.1.3 Expenses will be billed at a flat rate of actual cost and will be supported by actual receipts or copies thereof. 7.1.4 Any trips relative to this Project which are combined with trips relative to any other projects in the area will be pro- rated, the cost for which will be shared proportionately by other projects. ARTICLE 8 GOLF COURSE ARCHITECT'S ACCOUNTING RECORDS Records of the Golf Course Architect's Additional Services and Reimburs- ' able Expenses applicable to the Project shall be kept on a recognized account- ing basis acceptable to the Owner and shall be available to the Owner at mutually convenient times. ARTICLE 9 OWNERSHIP OF DOCUMENTS .Drawings, Specifications, and other Contract Documents as instruments of service are and shall remain the property of the Golf Course Architect whether the Project for which they are made is executed or not. They are not to be used on any other project or for extensions of this Pro- ject except by agreement in writing and with appropriate compensation to the. Golf Course Architect. • • ARTICLE 10 SUCCESSORS AND ASSIGNS The Owner and the Golf Course Architect each binds himself, his partners, successors, assigns and legal representatives to the other party to this Agree- ment and to the partners, successors, assigns and legal representatives of such other.party with respect to all covenants of this Agreement. Neither the Owner nor the Golf Course Architect shall assign, sublet or transfer his interest in this Agreement without the written consent of the other. • ARTICLE 11 EXTENT OF AGREEMENT This Agreement represents the entire and integrated agreement between the Owner and the Golf Course Architect And supersedes all prior negotiations, re- presentations or agreements either written or oral. This Agreement may be -7- IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day, month, and year below written. OWNER City of Round Rock, Texas By: 144 Titl (/U l Attest: \ J 24,,no, ' �d Title: 640,4 / /114L , I' L-?L GOLF COURSE ARCHITECT Richard M. Phelps Ltd. - Golf Course Architect Date: 6, -d ate: RICHARD M. PHELPS, LTD. GOLF COURSE ARCHITECT P.O. BOX 3295 EVERGREEN, COLORADO 80439 303 - 670-0478 September 25, 1989 Mr. Robert Bennett, City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Re: Recommendation of Award, Round Rock Municipal Golf Course Dear Bob: We have been asked to give our recommendation for contract award for the Round Rock Municipal Golf Course based on our evaluation of bids received and evaluation of the qualifications of the J. C. Evans Construction Company, Inc. As we have informed you in previous telephone conversations with various City staff members, there appears to be some question as to whether the J. Ci Evans Company mis- represented information in their Statement of Bidder's Qualifications relative to their having been the General Contractor on, and have completed, two 18 -hole regulation golf courses. Technically it would appear that they were not the "General Contractor" on the_two courses listed but had demonstrated their ability to perform various phases of golf course construction. A General Contractor must be someone capable of directing all phases of the work, using his best skills and attention, and be responsible for construction methods, techniques and procedures. He is also res- ponsible for proper sequencing and coordination of all phases of the work. It has been explained to us that City regulations do not require that the General Contractor perform the majority of the work and can, in fact, "broker" the various elements of the construction to qualified sub - contractors. After evaluating the overall experience of the J. C. Evans Company, and their involvement in some golf course projects, we would qualify our recommendation of approval with the understanding that the Contractor - will agree to sub - contract with Johnson Golf Course Construction, Inc., as listed, for elements of the work dealing with construction of greens, tees and traps, finish grading and irrigation system and pump station installation. These items are essential to a quality finished product. Having worked with the Johnson Company on several previous golf course projects, we are confident in their expertise. AMERICAN SOCIETY OF GOLF COURSE ARCHITECTS AMERICAN SOCIETY OF LANDSCAPE ARCHITECTS NATIONAL GOLF FOUNDATION Mr. Robert Bennett _City of Round Rock September 25, 1989 Page Two Even though there is no requirement in the Contract Documents that the sub - contractors be approved prior to signing the contract, we would urge the City to make every effort, prior to the Notice of Award, to extract a written agreement from the J. C. Evans Company that, when the Contract is signed, they will employ the sub - contractors as listed. It is our understanding from the Contractor that he will provide to the City and our office, letters from both of the companies involved in the overall developments which incorporated the Austin Country Club and the Circle C Golf Course prior to City Council action on this pro- ject. We should point out that it is also a requirement under the Instruction to Bidders that the Contractor provide to the City and our office, prior to signing the Contract, an overall construction schedule for the pro- ject. The schedule is to start with the proposed date of signing the contract and outline all approximate completion dates for all phases of the work to show how the work will be completed prior to the completion date of May 15, 1990. We recognize the significant difference between the J. C. Evans' bid and the next low bidder. However, the J. C. Evans Company has exhib- ited significant experience in earthwork and rock excavation within the Round Rock /Austin area which provides assurance that they are aware of the problems dealing with these items. Their written assurance that they will utilize experienced sub - contractors in the critical areas of golf course construction, and their ability to manage projects of sig- nificant magnitude, should provide the ingredients for a successful, quality project. Si Richard M. Phelps, A.S.G.C.A. RMP /ep cc: Mr. Bob Husband, CCA Silband cit'-'4? I M` 1:30 r— W i 3 THE STATE OF TEXAS COUNTY OF WILLIAMSON § § AGREEMENT This Agreement is executed to be effective as of the 31st day of March, 1989, between the City of Round Rock, Texas (the "City "), and Franklin Capital Corporation ( "Franklin "). RECITALS WHEREAS, Franklin is currently the owner of approximately 170 acres of land located in Williamson County, Texas, as generally depicted on Exhibit "A" annexed hereto (the "Golf Course Tract "), and WHEREAS, it is the intent of the City, with the assistance of Franklin, to develop and construct a public fee golf course and related improvements on said tract, and WHEREAS, upon satisfaction of the terms and conditions set forth herein, it is the intent of Franklin to dedicate said Golf Course Tract and the golf course to the City, and WHEREAS, the City, Franklin and Killeen Savings Association ( "KSA ") previously entered into a letter of intent, dated august 3, 1988 ( "Original Letter "), pertaining to the public fee golf course, and WHEREAS, the City and Franklin now wish to enter into this Agreement in order to supersede, amend and restate in its entirety the Original Letter with respect to the development, financing, construction and other matters relating to the above - described 170 acres, Now Therefore, It Is Agreed That: I. In return for the considerations granted by the City to Franklin in Article II herein, but subject to the conditions set forth herein, Franklin agrees to the following: A. To dedicate to the City the Golf Course Tract, the land underlying any Rights -of -Way (as hereinafter defined) and the rights of Franklin in the two existing water wells located on the Golf Course Tract (including easements, if necessary). The Rights -of -Way are the tracts of real property underlying the proposed roadways and related facilities and improvements shown on Exhibit "A" annexed hereto as Doublecreek Parkway and the Golf Course Entry Road, but only to the extent said tracts lie within the approximate 582 acre subdivision boundaries shown on Exhibit "B" annexed hereto ( "Franklin Tract "). Where said proposed roadways are located adjacent to property owned by others, Franklin agrees to dedicate sixty (60) feet. B. To extend, at Franklin's expense, a 12 inch water main along Gattis School Road, then north on County Road 122 to the northwest corner of the Franklin Tract, along the line reflected by points H to G to F to E on Exhibit "C" annexed hereto. The City, at its expense, shall be permitted to oversize said main in accordance with the City's oversize policy, provided that the City reimburse Franklin for the cost of said oversizing when the main is accepted by the City. C. To extend, at Franklin's expense, a 15 inch wastewater main to the Franklin Tract, along the line reflected by points D to J on Exhibit "C" annexed hereto. The City, at its expense, shall be permitted to oversize said wastewater main in accordance with the City's oversize policy, provided that the City reimburse Franklin for the cost of said oversizing when the wastewater main is -2- accepted by the City. It is the intent of the City and Franklin that wastewater service to the golf course and related facilities and amenities to be described in the final plans and specifications ( "Final Plans ") which are to be approved by Franklin in accordance with Article V(B) hereof ( "Course and Facilities") will be supplied from existing mains located within Oak Bluff Estates Phase II, and it is the intent of Franklin that the initial development of the Franklin Tract will be supplied from existing mains located within Oak Bluff Estates Phase II. The City supports the wastewater service concept set forth in the •preceding sentence. The construction of the wastewater main along the line reflected by points D to J on Exhibit "C" annexed hereto shall be completed prior to exhaustion of the existing capacity from within Oak Bluff Estates Phase II. D. Franklin retains the option to construct, at its expense, and at the time necessary for Franklin's development of the Franklin Tract, an additional section of the proposed Golf Course Entry Road from the proposed Doublecreek Parkway to the proposed clubhouse of the Course and Facilities. II. In return for the considerations granted by Franklin to the City, the City agrees to the following: A. To include in the City's Capital Improvement Program, and to pay all costs of, all water system improvements (other than those described in Article I, above as being paid by Franklin) required to serve the Course and Facilities, Golf Course Tract and the Franklin Tract. B. To construct, at the City's expense, at the time of the construction of the Course and Facilities: 1. at Franklin's option, a 24 foot curb and gutter roadway or a 28 foot open ditch roadway with concrete ribbon edging from County Road 122 to the point shown on Exhibit "A" attached hereto and referred to as Doublecreek Parkway, 2. at Franklin's option, a 24 foot curb and gutter roadway or a 28 foot open ditch roadway with concrete ribbon edging from said point on Doublecreek Parkway to the proposed clubhouse for -3- the Course and Facilities and referred to on Exhibit "A" annexed hereto as the Golf Course Entry Road, and 3. no more than 3 grade - separated golf cart crossing structures within said roadways, of which no more than 1 will be under Doublecreek Parkway. C. To include the remaining construction of Doublecreek Parkway in the City's arterial roadway plan and its capital improvement program for construction at such time as bonds may be approved by the, voters of the City and traffic demands warrant such construction. To the extent Franklin requires any of said roadways to serve the Franklin Tract prior to City funding, Franklin may construct any of said roadways to the standards that previous sections thereof have been constructed. Franklin will be reimbursed by the City for all engineering and construction costs of any such optional construction from roadway fees previously collected by the City relative to the Franklin Tract and Golf Course Tract. To the extent that construction costs exceed such collected fees, the City will reimburse Franklin for such costs from future fees collected relative to the Franklin Tract and Golf Course Tract when and as such fees are collected. D. To confirm that all of the City's parkland dedication and stormwater detention requirements for the Franklin Tract (based on the densities indicated on Exhibit "B" annexed hereto) have been satisfied by the design evidenced by the Final Plans, and to allow a reflection of the satisfaction of these requirements on the Final Plans accepted by the City. E. To provide 60 days prior written notice to Franklin (or its designee) in each instance in which the City is considering a change in either capital recovery fees or building permit fees, and the City therein shall agree that Franklin's remedy for the failure of the City to give said 60 day notice shall be that Franklin (or its designee) shall have an opportunity for a period of an additional 30 days after its receives written notice from the City within which to pay capital recovery fees or building permit fees in the amounts in effect prior to each such change even though said 30 day period may be effective subsequent to a change in said fees. F. To reimburse Franklin for all oversize water and wastewater mains greater than 8 inches and oversize lift stations and force mains built within the Franklin Tract . The reimbursement amounts will be the amounts -4- established by the related City ordinance then in effect. G. To acquire, through negotiation or condemnation, a portion of the Pfluger tract which is adjacent to the Franklin Tract and consists of approximately 15.2 acres ( "Pfluger Tract "). In order to secure the funding of certain costs related to an unsuccessful attempt to acquire said tract, Franklin has issued, for the benefit of the City, a letter of credit in the form of Exhibit "D° attached hereto ( "Credit "). Notwithstanding any provision conta.ned in the Credit, this Agreement or any of the documents executed pursuant hereto or in connection herewith to the contrary, in the event amounts are funded by Franklin under the Credit and any such amounts funded thereunder are unreasonable in amount or relate, in whole or in part, to a lack of diligence on the part of the City in the City's attempt to acquire the Pfluger Tract, Franklin shall be entitled to reimbursement from the City for the amount of (i) any such unreasonable Reimbursable Expenses (as defined in the Credit) and (ii) all expenses funded under the Credit which are attributable to the City's lack of diligence in attempting to acquire, through purchase or eminent domain, the Pfluger Tract. The City and Franklin agree that (i) any claim by Franklin for amounts described in the preceding sentence shall not be limited or in any manner diminished as a consequence of their previous payment by the City or the funding of any such amounts as Reimbursable Expenses under the Credit and (ii) the preceding sentence shall not limit or in any manner diminish the City's ability to draw upon the Credit in accordance with the terms thereof. III. KSA has recently been acquired by First Gibraltar: Because of this acquisition, the City and Franklin acknowledge that First Gibraltar is presently unable to proceed with their participation as outlined in the Original Letter. However, the City and Franklin agree to continue to work with First Gibraltar to re- establish the original agreements in the Original Letter as they relate to water supply, conveyance of 2 lots in Oak Bluff Estates -5- Phase II for purposes of golf course access and access to the Franklin Tract, the Oak Bluff utility system purchase and the acquisition of the Pfluger Tract based on First Gibraltar paying the first one hundred thousand ($100,000.00) dollars for the acquisition of the Pfluger Tract, and First Gibraltar and Franklin sharing equally in any and all remaining costs up to a maximum aggregate purchase price of two hundred thousand dollars ($200,000.00). The City and Franklin are agreeable to the future participation by First Gibraltar in accordance with the Original Letter when and if First Gibraltar is so able. IV. The City and Franklin, in association with CCA Silband Sports Corporation, agree to use their best efforts to enter into appropriate agreements for the construction and dedication of a completed golf course to the City, a long -term operating contract, and an agreement providing for the reversion of the Course and Facilities in favor of Franklin if a replacement golf course of like or better quality is substituted therefor and containing such other terms and conditions as shall be satisfactory to the City and Franklin. -6- v. The obligations herein of Franklin are subject to, and conditioned upon, each of the following: A. Receipt of all requisite regulatory approvals, including, without limitation, regulatory approval of the Dedication Documents. B. Receipt of preliminary layout and routing plans as well as the Final Plans in forms approved by the City and which are also acceptable to Franklin. C. The City shall have entered into valid, binding and enforceable agreements providing for the financing of its obligations set forth herein (or closed the financing in the event phrase (ii) is applicable) in an amount sufficient to purchase the Pfluger Tract and to either (i) purchase the Course and Facilities when completed in substantial accordance with the Final Plans, or (ii) finance and fund the construction of the Course and Facilities in substantial accordance with the Final Plans, and Franklin shall have approved all of the final agreements with respect to the permanent financing, construction and dedication of the Course and Facilities and all other matters addressed generally herein (including the Dedication Documents, as hereinafter defined), the interim financing thereof, a long- term operating contract for the Course and Facilities between the City and CCA Silband Sports Corporation, and the agreement -7- relating to the reversion of the Course and Facilities in favor of Franklin, as described in Article IV. D. The City shall have approved a preliminary plat of the Franklin Tract in accordance with the terms and provisions of this Agreement. E. The City shall have approved the zoning of the Franklin tract as designated in Exhibit "B" annexed hereto and in accordance with the terms and provisions thereof and of this Agreement. F. The City shall have acquired, at its sole cost and expense, the Pfluger Tract or shall have entered into a valid, binding and enforceable agreement to acquire the Pfluger Tract in a form acceptable to Franklin. VI. The City and Franklin agree that the transactions contemplated in this Agreement will be effected pursuant to the terms of definitive agreements (collectively, "Dedication Documents "), which will contain, in addition to those matters set forth in this Agreement, mutually agreeable customary covenants and agreements and various conditions of closing. The City and Franklin further agree that no party is obligated to close the transactions contemplated herein unless and until the Dedication Documents are executed and delivered to all of the parties thereto, at which point the Dedication Documents shall supersede this Agreement. The City and Franklin agree that prior to the -8- execution of the Dedication Documents, unless this Agreement is terminated as hereinafter provided, the City and Franklin will be bound by the terms and conditions of this Agreement. VII. This Agreement supersedes the Original Letter and any and all documents executed pursuant thereto or in connection therewith, other than that certain Franklin 582 Water and Wastewater Service Agreement, dated November 7, 1988, between the City and Franklin ( "Utility Agreement "). Subject to the terms and conditions set forth herein, the City and Franklin agree to be bound by the terms and provisions hereof and the Utility Agreement, to proceed in good faith and to use their best efforts to consummate the transactions described herein and to commence construction of the Course and Facilities prior to September 1, 1989. Unless superceded by the Dedication Documents or extended by the parties hereto, this Agreement shall terminate as of September 1, 1989 in the event construction of the Course and Facilities has not commenced as of such date, and the City and Franklin hereby ratify and confirm that the terms and provisions hereof shall remain effective until such date. VIII. Each of the City and Franklin represents to the other that it has not engaged, and covenants that it will not engage, any broker or finder in connection with this Agreement or the -9- transactions contemplated herein in a manner so as to give rise to any valid claim for any brokers' or finders' fees or similar compensation. Each party further represents to the other party that it has not authorized, and will not authorize, any person to act in a manner so as to give rise to any valid claim for any brokers' or finders' fees or similar compensation, and if any party or their affiliates causes any such fee be payable, then such party shall bear any such fee. IX. Until the earlier of the termination of this Agreement or the consummation of the transactions contemplated herein, the City and Franklin each agree that neither of them, nor any of their officers, directors or representatives, will, without the other party's prior written consent, encourage, solicit or initiate any discussion or negotiations with any person, entity or group, other than the parties hereto, concerning the ownership, construction, financing and operation of a municipal golf course to be owned by the City other than the golf course the subject of this Agreement. X. It is acknowledged that the City will disclose necessary terms in accordance with the requirements of the Texas Open Meetings Act and the Texas Open Records Act. -10- XI. Each party shall bear its own expenses incident hereto, regardless of whether the transactions contemplated herein close, except as otherwise provided in the Dedication Documents. EXECUTED as of the effective date set forth above. ATTEST: mt4u) a,114, JC�NNE LAND, City Secretary CITY OF ROUND ROCK. TEXAS By: F: \maherndo \9588 \0025 \agree.08 —11— MIRE ROBINSON, Mayor 1 ; • : • (us . 1...,• • ; c t- • ; ! • " 11 1 ; • P • 1. • '/ ( /-\\./.-', • ' / • •-•J TAT 444. COMMERCIAL L LEGEND 1 101.7 coulter nnnnn no••- 14 71. CURE 0 OUTTEN 1411101 (FUND" (0 CITY 07 1100111 R13111 CRAG NNNNNN 0110 0017 COURIER CON110LICT10111 OOOOOO CREEK PARR Tr•11 14 PT. CURE a GUTEDIT SECTION 1 PUMPED CI CITT 07 111:10110 ROCK CCOTC ...... WITH •01.7 COURSE CONDTMUCTIONI 0011•LECREEX ••RANA• (101010 1-1I4 PT. •100. IPUPIDED Err CITY 0? ROUND NOCE THROURN CIA AD REQUIRED 7 P0 OOOOOOOOOOO •CMIDULS [1:-] I IN A ^ C DOT - 17 E 0 0 1 001.1 (((CNN O O OOO 010100 001.7 10111111110U OOOOO EXISTING SUBDIVISION • RESIDENTIAL DPW SITEI •4 L. J \ Toys : I • - ,;••••••••• `•• wpm DiPPEL. ULMAIMN wow, 0 ASSUCIATES.INC 4-441 INTeromm. . ••••w•••• ..,*? .i f ,-..,'-' , 1 i . - ' ' ', i• ..1 ., ■ SCORECARD 4101E NIAIIDAGE HOLE YARDAGE TOP. .14.42 'OS TOTAL YARDAGE 6045 YARDS PAR PI • ' •■• 1 ,\ 7 #;'''\ • • • 4 1 •• I I 1 * y • ) A 1 .11111. . • q 4 • :• SINGLE FAMILY 15r • ; EXHIRIT A . .-)1 "\•, .1 • 1 I\ FRANKLIN SAVINGS 582 11 11.\\I14 1 /1 1111111 01111161s 1 SCALE I @rge pba --• -1 - - --- ( - -r•L :_ ,.... ' . — .1 er.- .---/ ?____ . ....• .... I ...-- -=-- --- 7::: .f. / • .5...-- ‘ C i: --- )i-Z. -,- - - • .",..- . ---_,— - • r , • " . , -....*.z. . , .. i L.... . 5 ,--.... .!!--....7-:...--->A , •s LANS .....:- ff'. ..----1'..%.... . .. 21.". ---- ._-:-___-- . - . I ' • _ _ -i I • • - --i 1 i. . ___ --------- __ ___,,---_,_ • : .. . .. _ -- _.,__.... .••• . ,.. - -•...7=_- • '"'-•• --- ..- -4 -•: - ":"" -..., --•- . — ."-----....) / - --- • COMIIERCIAL)i, MUSTS. FAIDLY • 7 - r" ---. - I SIMOMINTIMINITITIMID) ....-S" ( RES1171TIALIPUI: ) . \ . .. • LEGEND 111111111•1111111 au •111•111,011 IRS 60 vOs Ls NMI DIPml,, (AMAMI nami t SOSOCI•TE•. •NS .1 • KAMM. • imams t." SCALE r - 400 SCORECARD HOLE YARDAGE HOLE YARDAGE 1 3.0 TOO TOTAL YARDAGE PAN 71 EXHIBIT B • •.'s p / c. _ . .• .-','..- t c --':•,,''' • i, s., . .. .....„ A )-1,--"="7.---..,-.2,_ • --`..--ir.::,::-< s- ".1r. -- - - - .:' -- it e-4' • - - ,- Y -' 13 / 4) 7 if : --.------ -..-\\* .., • - ,,--- 7.„<........j_ .........._ . -:-..:/ %- „t _ _. • ......v _ ' 4 / . : :',E • : - -_--:3,'/ . _72' - I , _ _ --- , - 01145 YARDS FRANKLIN SAVINGS 582 114111•PkI 111 II.ANNING IHSUX 1.11HI liannerl @ :(nioit 1. EXHI&T C TABLE 1 OFFSITE UTILITY COSTS FRANKLIN 582 ROUND ROCK, TEXAS Cost to Cost to Total Recommended Improvements FCC City Cost Water Line Extension - Gattis School Rd. $115,200 $ 57,600 $172,800 H to 18" line Line Extension - CR 122 154, 800 51, 600 206, 400 G to E 24" line Line Extension - CR 122 115,200 38,400 153,600 E to D 24" line Line Extension - CR 122 D to C 18" line 86.400 28.800 115.200 Subtotal $471, 600 $176, 400 $648, 000 Sewer Line Extension to Brushy Creek 216, 000 43, 200 259, 200 Regional Treatment Plant D to J 18" line Graywater Irrigation Line -0- 255.600 ' 255.600 Subtotal $216,000 $298,800 $514,800 Total $687,600 $475, 200 $1,162,800 f: \maherndo \9588 \0025 \Table1.03 Date: April , 1989 To: Gentlemen: EXHIBIT " D" Irrevocable Letter of Credit No. City of Round Rock 221 East Main Round Rock, Texas 78664 We hereby issue this Irrevocable Letter of Credit in your favor and authorize you to draw at sight on ourselves for the account of Franklin Capital Corporation for any sum or sums not exceeding in the aggregate Twenty -Five Thousand and No /100 U.S. Dollars (U.S. $25,000.00). Subject to the additional requirements set forth in this Irrevocable Letter of Credit (including, without limitation, the requirements of the next succeeding sentence), this Letter of Credit is being issued solely to secure Franklin Capital Corporation's agreement to reimburse the City of Round Rock ( "City ") only for all out -of- pocket third -party professional fees and professional expenses (such as legal fees and surveying charges) paid by the City directly in connection with its unsuccessful attempt to acquire by purchase (collectively, "Reimbursable Expenses ") 15.2 acres of real property owned by various members of the Pfluger family adjacent to land proposed to be donated to the City by Franklin Capital Corporation for use as a golf course. The City agrees that it shall be entitled to draw against this Letter of Credit for the Reimbursable Expenses (and for no other expenses or amounts) only if (a) the 15.2 acres described above are not acquired by the City on or before September 1, 1989 and (b) such failure to acquire said 15.2 acres is not a result of either (i) the City's decision or determination not to participate in, or proceed promptly with, the development of the contemplated municipal golf course or (ii) the fault, the willful act or omission or the negligence of the City. Irrevocable Letter of Credit No. April , 1989 Page 2 We do agree with drawers, endorsers and bona fide holders of drafts negotiated under and in compliance with the terms of this Irrevocable Letter of Credit that the same shall be duly presented on or before September 1, 1989, but not thereafter. Accordingly, no amounts shall be funded hereunder except for amounts properly negotiated under and in compliance with the terms of this Irrevocable Letter of Credit duly presented to Franklin Capital Corporation on or before September 1, 1989, the date of expiration hereof. To be valid, any request for a draw hereunder shall be accompanied by the following documents: 1. This original letter of credit; 2. A letter signed by the City Manager, Assistant City Manager or Mayor of the City of Round Rock requesting the exact amount to be drawn and certifying that the amount is the sum of Reimbursable Expenses paid by the City in its unsuccessful attempt to acquire the aforesaid real property; and 3. Copies of all invoices evidencing the amount of Reimbursable Expenses then being drawn under this Irrevocable Letter of Credit. This Credit is governed by the Uniform Commercial Code in force in the State of Texas on the date hereof and is subject to the Uniform Customs and Practices for Documentary Credits (1983 Revision) International Chamber of Commerce Brochure No. 400. f: \mlberndo \9588 \0025 \LetCred.06 FRANKLIN CAPITAL CORPORATION By: Name: Title: GOLF COURSE INFORMATION SHEET The City of Round Rock proposes to have constructed an 18 hole golf course on land donated by Franklin Capital Corp. Because this is such an important step In the City's future, we have listed the most frequently asked questions regarding this protect. Why is the City planning a golf course? The City Council adopted the General Plan Goals in February 1987. These goals were drawn up by a citizens task force appointed by the Council. Included was a goal to "encourage a broad range of social, cultural, and recreational opportunities . . . emphasis should be placed on a golf course ". A golf course provides an amenity that will assist the city in attracting quality industrial development which helps reduce our taxes over time. Why was the Franklin site chosen? The Council reviewed numerous sites. Each one provided its own challenge and opportunity. However, no other site met the criteria established by Council to provide the land at little or no cost, to promote high end housing, and to minimize the financial risk to the taxpayer. What will it cost the taxpayer? The citizens of Round Rock will not pay for this course. The golfing public will pay for the course through green fees, cart rentals and concessions related to the course. How is the construction financed? The financing will be provided by proceeds of a lease purchase agreement from the successful bidder. The lease is secured by the income from the operation of the course only. The land is not pledged as security and the city is not obligated to pay any debt which Is not supported by the income from the course. If golf revenues are not sufficient to cover lease payments and the city decides not to appropriate the next lease payment, the lessors recourse is to take over golf operations. When the lease is ultimately paid in full from their operations, the course is returned to the city. How will it affect our tax rate? There will be no affect on our taxes because the lease purchase agreement Is secured by golf course revenues only. Why doesn't the city sell bonds to finance the course? General obligation bonds are repaid through property taxes. They are secured by the city's ability to repay such debt from all revenue sources. This can affect our tax rate and possibly our credit rating. By securing private financing, the Council does not obligate the taxpayer in any way to repay the debt. In fact, sales taxes generated by golf operation actually reduce property taxes by law. Who will build the course? The course will be constructed by the organization that submits the lowest and best bid to provide both financing and construction for the course. The successful bidder must demonstrate a proven track record in providing both of these essential elements. Who will operate the course? CCA - Silband Golf Corp., a public golf course operations division of Club Corporation of America (CCA), has been retained by the City to operated the course. CCA currently owns and operates more than 225 clubs, including such prestigious clubs as Firestone Country Club in Akron, Ohio, and Pinehurst Country Club in North Carolina and locally, Barton Creek Country Club in Austin. Who will own the course? The land is being donated to the City by Franklin Capital Corp. with the stipulation that a golf course is constructed on the land. The land will be owned by the City of Round Rock and leased to the leasing company who builds the course. When will the course be ready for play? Ground breaking ceremonies could be held as early as August, 1989. Construction, planting and maturation should normally take 12 -15 months. Play could begin as early as fall 1990. What happens if the operator decides not to renew his lease? Would the City then become liable for the debt? In the event CCA - Silband chose not to renew the operations lease, a new operator would be selected. The City is not liable because the only security for the lease is the revenue from the operation of the course. THE GARDNER APPRAISAL. GROUP INC. REAL ESTATE APPRAISERS AND CONSULTANTS 4301 ileum PAARIM , Surr TOT MSS THOMAS R. GARDNER, SAM PATRICIA A. HERSHO RICHARD W. WESTENSEE, MAI GLENN AS WALTERS, CRA DERRY T. GARDNER MARLA RIPPERDA January 23, 1989 Stephan L. Sheets City Attorney, Round Rock, Texas 309 East Main Street Round Rock, Texas 78664 RE: Preliminary Value Opinion of the Pfluger /Knebel tracts needed for the proposed Round Rock Golf Course, Round Rock, Texas. Dear Mr. Sheets: As requested, I have inspected the above referenced properties for the purpose of forming a preliminary value opinion of said properties as of January 16, 1989.• Subject properties are referred to as "The First 8.5 acres ± of land" and "The Second 8.5 acres ± of land" both situated in the E. W. Matthews and John H. Randle Surveys, Williamson County, Texas. Market Value may be defined as: "The most probable price in terms of money which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. "Implicit in. this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: 1. buyer and seller are typically motivated; 2. both parties are well informed or well advised, and each acting in what he considers his own best interest; 3. a reasonable time is allowed for exposure in the open market; Stephan L. Sheets City Attorney, Round Rock, Texas Page 2 4. payment is made in cash or its equivalent; • 5. financing, if any, is on terms generally available in the community at the specified date and typical for the property type in its locale and; 6. the price represents a normal consideration for the property sold unaffected by special financing amounts and /or terms, services, fees, costs, or credits incurred in the transaction." The First Tract lies adjacent to the proposed Round Rock Golf Course and slopes 'generally from west down toward the creek, which forms the eastern property line. The shape is irregular and the land is well covered with large native shade trees, making the tract ideal for a single home site of about 8.5 acres. Currently there are no utilities available and access is assumed through the Franklin tract to public streets to be provided by First Franklin sometime in the future. It appears that a minimum type bridge would be needed to cross the creek. The Second Tract lies east of and adjacent to the First Tract and is also slightly irregular and also contains about 8.5 acres of attractive tree covered land considered slightly inferior to the First Tract. The utility situation is identical to the First Tract but no bridge would be required. Ingress and egress would be similar to the First Tract. In preparing this Preliminary Opinion, I have reviewed the market data generated by the two appraisers, who recently appraised the William D. Kelly 428 acre tract for the City of Round Rock. In addition, I have analyzed other more recent data to further support my value conclusion. As '.a result of my investigation and analysis, it is my Preliminary Opinion subject tracts have a Market Value as of January 16, 1989 as follows: "The First Tract" 8.5 acres @ $10,250.00 = $ 87,125.00 "The Second Tract" 8.5 acres @ $ 9,300.00 = 79,050.00 Total Value of both tracts $166,175.00 Stephan L. Sheets City Attorney, Round Rock, Texas Page 3 I hereby certify that I have personally inspected the property; that the opinion of value herein expressed has been reached after a careful examination of data; that I have no present or proposed future interest in the property; and that my fee is in no way contingent upon the value estimate. Respectfully submitted, Thomas R. Gardner, MAI TRG /csb ASSUMPTIONS AND LIMITING CONDITIONS e The contents of this letter are subject to the following conditions and to such other specific and limiting conditions as are set forth in the letter. 1. The legal description, if used herein, is assumed to be correct and the writer assumes no responsibility for matters of a legal nature affecting the property or the title thereto; nor does the writer render any opinion as to the title which is assumed to be good and marketable. 2. Information, estimates and opinions furnished to the writer and relied upon in reaching any conclusions, judgments or decisions contained in the letter were obtained from sources considered reliable and are believed to be true and correct. However, no responsibility for the accuracy of such items can be assumed by the writer. 3. The writer, by reason of having written this letter, is not required to give testimony or appear in court with reference to the subject matter contained herein unless prior written arrangements have been made therefor. 4. Any sketches attached to this letter were prepared by the writer from material furnished, or in the field, and are believed to be accurate. However, they are include in the report, together with any photographs of the property, to assist the reader in visualizing the property and are not guaranteed to be exact. 5. Disclosure of the contents of this letter is governed by the by -laws and regulations of the professional organizations with which the writer is affiliated. Neither all, nor any part of the contents of the letter, or copy thereof (Including, but not limited to, conclusions reached, or identity of the writer, professional designations, reference to any professional organizations, or the firm with which the writer is associated) shall be used for any purpose by anyone but the client specified in the report without the prior written consent of the writer; nor shall any of the aforementioned items be conveyed by anyone to the public through advertising, public relations, news, sales, or other media, without the written consent and approval of the writer.' - 6. Unless otherwise noted all existing liens and /or encumbrances, if any, have been disregarded and any conclusions, judgments and /or decisions reached were done so as though the property was free and clear and under responsible and competent management. Typical financing as may be customarily secured for this type of property has been considered as has a favorable mortgage position if any. 7. The writer assumes that there are no hidden or unapparent conditions of the property, soil, subsoil, or improvements,if any, which would render it more or less valuable. The writer assumes no responsibility for such conditions or for engineering which might be required to discover such factors. 8. Any comments concerning proposed construction, repairs, alterations are contingent upon the improvements being completed in a good and workmanlike manner and substantially in accordance with the plans, specifications and other data furnished to the writer. 9. The distribution, if any, judgments or decisions contained improvements applies only under the of utilization. Any separate improvements must not be used in analysis and are invalid if so used. of any value conclusions, herein between land and existing or proposed program valuations for land and conjunction with any other Education Attended The University of Texas, School of Business Administration. American Institute of Real Estate Appraisers Course I, Austin, - 1959 Course II, Dallas, - 1965 Society of Real Estate Appraisers Principles and Techniques of Residential Appraising, Austin - 1963 Instructors Clinic for SREA, Course 101, University of Indiana, 1972, San Francisco, California, 1975 Attend various seminars and lectures presented by AIREA, SREA, and The University of Texas Finance and Real Estate Departments Currently certified in the voluntary program of continuing education for designated members of the AIREA Experience Three years of real estate sales, 1955 - 1958 Five years Right -of -Way Appraiser, Texas Highway Department, 1958 - 1963 June, 1963 to October, 1976, associated with Jim Frederick, SRPA, MAI, Real Estate Appraising and Consulting Firm October 1, 1976, established own practice as a Real Estate Appraiser and Consultant Testified as expert witness in County Court, District Court, Federal Court Co- instructor, SREA Course I, Austin, 1973, 1974, 1976, and 1979 Approved Appraisal Instructor for Texas Realtors Institute Courses I, II, and III, having taught during 1977, 1978, and 1979 organizations and Committees Licensed Texas Real Estate Broker No. 07488 American Institute of Real Estate Appraisers (MAI), No. 5450 Austin Board of Realtors - Realtor Member AIREA South Texas Chapter Number 29 President, 1982 Clients Alliance Bank, Austin MBank Austin & Corpus Christi First Interstate Bank Austin & Houston Seabrook, Addicks, Marble Falls NCNB Austin Texas American Bank, Austin, Temple & Ft. Worth Texas Commerce Bank, Austin & Houston Capitol Mortgage Bankers, Austin Texas Power and Light Company Texas Parks & Wildlife Department U.S. Treasury Department The University of Texas at Austin Austin Independent School District University Savings Assoc., Austin Southwestern Bell Telephone Co. Bank of the Hills, Austin National Bank of Commerce, Austin & San Antonio Various individuals and attorneys City of Austin City of Elgin City of Round Rock Texas Highway Department Austin Redevelopment Authority San Marcos River Authority Lower Colorado River Authority Lamar Savings Assoc., Austin Lo -Vaca Gathering Co. I.B.M. Corporation Los Angeles Times Mirror APPRAISER'S QUALIFICATIONS Thomas R. Gardner, MAI w.sw•Ono..... ,PS i i . 'OL/ -CA T Tu fire LE A a -- CHIP? ,+ REE PU EN PROfD SE CART 1N S_! AMBED P C 'S: T TOWN L it 1111 GOLF tARTTUNN COMMERCIAL I \ pp-JJ -Al :. COMMERGIA:�. 7 5 - 0 LEGEND 1 GOLF COURSE ENTRY ROAD- 24 FT. CURB & GUTTER SECTION (FUNDED BY CITY OF ROUND ROCK CONCURRENT WITH GOLF COURSE CONSTRUCTION) DOUBLECREEK PARKWAY - 24 FT. CURB & GUTTER SECTION (ate - 7 60... ( FUNDED BY CITY OF ROUND ROCK CONCURRENT WITH GOLF COURSE CONSTRUCTION) DOUBLECREEK PARKWAY - DIVIDED 2-24 FT. BLVD. (FUNDED BY CITY OF ROUND ROCK THROUGH CIP AS REQUIRED BY FRANKLIN DEVELOPMENT SCHEDULE • ---f -- RESI 25 ACRES - CHIPPING PUTTING GREENS AND DRIVING RANGE IN ADDITION TO PORTION OF GOLF COURSE muumuu GOLF COURSE BOUNDARY ,t ,\ \ \ \ . ti ti . f % 4 7 \ \ EXISTING_SUBD . CLUBHOus • 1-- CONSERVATION LAKE DIPPER- ULlVIANN ASSOCIATES, INC. ENGINEERS • PLANNERS • SURVEYORS- SCALE 1" - 400' SCORECARD HOLE YARDAGE TOTAL 3650 YDS. HOLE YARDAGE #1 470 YDS 4 423 YDS #2 400 YDS #11 470 YDS 3 520 YDS #12 426 YDS #4 134 YDS #13 168 YDS #5 470 YDS #14 343 YDS #6 365 YDS #15 412 YDS -7 326 YDS #16 233 YDS #8 435 YDS #17 346 YDS #9 530 YDS #18 376 YDS TOTAL 3195 YDS. TOTAL YARDAGE 6845 YARDS PAR 71 ANKLI SAVINGS EXHIBIT a 5 HOF FP AU I Pl N N I NU DESIGN land pia n ners gol f: col r z SP arch itects .F� LIE 0 1 MULTI- FAMILY MULTI F A.MJ1. -I{ 1M1 ENTIAL (PU IITE) Mar N OMMERCJAL � 7 IIIIIIIIII(IIIIIII SUBDIVISION BOUNDARIES LAND USE LEGEND SJPEAMBEU \ \ E 4 1& - TiN{ --- -t \ � C4.0 (3H LT-\\ DIPPEL ULMANN & ASSOCIATES, INC, • CONSERVATION LAKE ENGINEERS • PLANNERS • SURVEYORS I _Ind i)111 111( ■ SCALE 1" - 400' SCORECARD HOLE YARDAGE HOLE PAR 71 470 YDS 400 YDS 520 YDS 134 YDS 470 YDS 365 YDS 326 YDS 435 YDS 530 YDS TOTAL 3650 YDS. TOTAL YARDAGE 6845 YARDS EXHIBIT B #10 #11 #12 #13 #14 #15 #16 #17 #18 YARDAGE 423 YDS 470 YDS 426 YDS 166 YDS 343 YDS 412 YDS 233 YDS 346 YDS 376 YDS TOTAL 3195 YDS. 1 10.1411 P \[IH P1,4 \NNING DESIGN NT ( }� f course arch it('CtM NUN MOM two IOW - wow weir mmi Pled MON BMW too ago own Y R (4 SS D I,t B SE - CAR AMBED REE EN r � 7 ,77, C d It GOLF A11 T T VI7 COMMERCIAL , COMMERCIAI- 4 LEGEND GOLF COURSE ENTRY ROAD- 24 FT. CURB & GUTTER SECTION (FUNDED BY CITY OF ROUND ROCK CONCURRENT WITH GOLF COURSE CONSTRUCTION) DOUBLECREEK PARKWAY 24 FT. CURB & GUTTER SECTION ( FUNDED BY CITY OF ROUND ROCK • CONCURRENT WITH GOLF COURSE CONSTRUCTION) DOUBLECREEK PARKWAY - DIVIDED 2 -24 FT. BLVD, (FUNDED BY CITY OF ROUND ROCK THROUGH CIP AS REQUIRED BY FRANKLIN DEVELOPMENT SCHEDUE 25 ACRES - CHIPPING PUTTING GREENS AND DRIVING RANGE IN ADDITION TO PORTION OF GOLF COURSE GOLF COURSE BOUNDARY EX I tNr fi CLU?Rbkt&B DIPPEL ULMANN • ASSOCIATES, INC. CONSERVATION LAKE E NGINEERS • PLANNERS • SURVEYORS ANKLIN SAVINGS 58 I I.OE1 AU7I I 'PLANNING 'DESIGN land planners SCALE 1" - 400' SCORECARD HOLE YARDAGE HOLE PAR 71 470 YDS 400 YDS 520 YDS 134 YDS 470 YDS 365 YDS 326 YDS 435 YDS 530 YDS TOTAL 3650 YDS. TOTAL YARDAGE 6845 YARDS doi 1 course architects tect EXHIBIT A * 10 #11 *12 *13 *14 *15 *16 * 17 *18 YARDAGE 423 YDS 470 YDS 426 YDS 166 YDS 343 YDS 4 YDS 233 YDS 346 YDS 376 YDS TOTAL 3195 YDS. z OMMERCIAL COM11hERC, MULTI- FAMILY 1 11 1 11 tit EA II 11 11 11 1 11 1 1 11 1 1 I 11 I I 11 111 _II 1111 11 III 11 lil II 111 111111 III 111 1111 III 111`11 P tJ PR ©S D U ' SE r f now 0 0 a 111111111111111111 LEGEND SUBDIVISION BOUNDARIES LAND USE -2 > CONSERVATION LAKE DIPPEL, ULM ANN & ASSOCIATES, INC. ENGINEERS . PLANNERS • SURVEYORS 1101 14 PIL fib, PI land planners SCALE 1" - 400' SCORECARD HOLE YARDAGE 1 470 YDS 2 400 YDS #3 520 YDS 4 134 YDS 5 470 YDS 6 365 YDS 7 326 YDS 8 435 YDS #9 530 YDS TOTAL 3650 YDS. [71 EXHIBIT B HOLE YARDAGE *10 #11 #12 #13 -#14 -#15 #16 #17 #18 TOTAL 3195 YDS. TOTAL YARDAGE 6845 YARDS PAR 71 ANN1Mi DESIGN of.t Cc 1 , e arch itecis 423 YDS 470 YDS 426 YDS 166 YDS 343 YDS 412 YDS 233 YDS 346 YDS 376 YDS RK ELAN( R.O.W. ex ; nsion 60' fro 2 No clear S7.3F. A 7 A C SUBDIVISION s,d 1 J.M. STAFFOR Q BU ACR4S CARROLL PIMPLER ( WILLIAMI ANDERSO E.A. CRAIG I E.A. CRAI HERBERT A. WOLFF ROBERT H. BEHRENS BUDDY E. BRADLEY BRUCE TAYLOR poem 4E3/4 SWIM PRESTON & ARANT M.M. FREEMAN C. & C. 0 0 O 0 z 1 InT =i 11 \� p SITE VICINITY L % idg '402,6, Avi ‘ill11/.4 ou \\ OCK, T EXAS ERIKA EMMA MEGOS NT I JACKRABBIT o LA REVISED 6 SEPTEMBER 1989 28 AUGUST 1989 SCALE: 1"=200' 100 200 400 CHAS. T. HANSTROM 800 SCENIC TERRACE R.O.W. I i I ■ OAK 4LUFFJ ESTATES Land case buffer ext to s D.F. CASEY D.F. CASEY H.A. LACKEY eet P4. H.A. LACKEY KEN TUTTLE Owner: Franklin Capitol Corporation 712 Congress Avenue P.Q. Box 1723 Austin, Texas 78767 WM. H. WATSON 4- Project Manager: MVB Company 2499 Loop 360 South Suite 201 Austin, Texas 78746 JOSEPH W. REDDICK ROBERT E. CLARK Project Planner: David Jensen Associates 360 South Monroe Suite 120 Denver. Colorado 80209 ( tk- LEGEND COLLECTOR STREET SECONDARY ACCESS LIMITED ACCESSWAY GOLF COURSE / PARCEL BTU GARY PROPERTY LINE ADDiTIQNA... GOLF COURSE ACREAGE BOUNDARY 1 00 YEAR F OOD PLAIN THEODOR R. TIMMERMAN Engineer: Dippel, Ulmann & Associates, Inc. 2499 Capitol of Texas Hwy. So. Austin, Texas 78746 PFLLJGER KNEBEL FAN ' 729 5 718 717.2 ROPOSED L POSSIBLE KE LOCATIONS PARCEL NUMBE SI GLE FAILY DETACHED SINGLE FAMILY ATTACHED MULTI FAMILY C MMER I L Surveyor: Coulter Engineering 309 East Main P.Q. Box 2141 Roland Rork _ TQ xAs 78 f 4 c3 E1cXt> MUM IRS rag P15 SFD SfA MF COMM Note: 1. See Development Guidelines for specific requirements. 2. Street locations and parcel boundaries are approximate and subject to final detail design . ME POINING 1 Golf Course Architect: Richard M. Phelps, Ltd. P.Q. Box 3295 Evergreen, Colorado 80439 575°00'00 0. GYI " N 71 /20.23' • 53.3804 Ac 515 /35.00' • • . • NET AREA TRACT 2 65.0796 Ac. 1 8' if • •190.66' - 7 27 86 ° 78 37 62/29 5 59 •' • /15.00' N 8 ° 4l 22""E 11728 N27 ° 1905 //546'• N /8 ° 49 '17 '4 132.25 0 0 0 Nib o N 8 . /03.05'' 2, 4 Al 89 81°47 , 4 W 475.50' s 46 85.12' STAN COALTER, RPS, LS LS 2-21 -91 5 75 ° 38'46 E 75.39/ 5 61 • 75.22' 5 25 /0 • 79.27' 5 7 °5/'10 " "W •8/.81' 5 54°/7'36"E /74.08" COALTER.. & ASSOCIATES 905 N. 11-1-35, Suite #108 Round Rock, TX. 78664 260.-00' SURVEYORS CERTIFICATE THE SURVEY SHOWN HEREON IS AN ACCURATE REPRESENTATION OF A SURVEY MADE UNDER MY DIRECT SUPERVISION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. N 19 .96.36' N70 ° /553 "W 46.9/'' co Cry 0 CD 562 ° 39'48 "W • • . /32.83' S 19 - 48./4 CURVE DATA CVE. -1 A 6 R 1134.99' T 69.40' A 138.62' CHD. S 85 C 138.53' OAK BLUFF ESTATES - PHASE 2 CABINET F, SLIDE 253 A 5 03°16'37"i . 73.15' 5 3 •/72.03' CVE. -2 59 ° 48'05" 230.00' 132.26' 240.06' N 68 229.31 236.04 SCALE 1 "'= 200 CVE. -3 CVE.-4 23 22 16'25" 520.00' 541.03' 106.45 ' 106.51' 210.00' 210.32' N 77 ° 58'57 "W 5 48 ° 41'44" E 208.58' 209.00' w •. S 81 84.27' 3, 9, BEN FRANKLIN CORPORATION 1020/ 812 5 88 ° 53 1 40 "E • 8 9 . 20' S 88°47 380.72 N 55 W.. 16770' TRACT i °w 130.1957 Ac. (INCL. PARCEL 1) 33'43"W 28 47 ° 4035 "W 118, 82' 064 16 6Z _, 1 91/46 0 N 8 °12'44 "W 1/5.12 • " • 2/,/6" N 55 \J I 89 490.2?' 5 89 501.86' NET AREA TRACT 1 104.9204 Ac. 5 d 5 61°31135' N 85 59.27' 170.00 ACRES OF LAND OUT OF THE JOHN H. RANDALL SURVEY A-531 8i THE E.W. MATTHEWS SURVEY A -449 SITUATED IN WILLIAMSON COUNTY, TEXAS N 87 •N73 °15'50 "'W 4'7/„ 9758' `�. 02 910.67' 4 730 FOREST CREEK GOLF CLUB LL/A7 - AZT - 4 TD - REVISED PLAT N 37 ° 21 1 55 "11 80.59 NCI FLAK/ TH OF TZ-OUt.3 12-06 046 , 56 5 3 °2720 "E • •133.67'