R-2024-256 - 9/26/2024 RESOLUTION NO. R-2024-256
WHEREAS, on the 21" day of December, 2023, the City of Round Rock ("Owner") and
SpawGlass Contractors, Inc. ("Construction Manager") executed AIA Document 133-2019 Standard
Form of Agreement between Owner and Construction Manager as Constructor where the basis of
payment is the Cost of Work Plus a Fee with a Guaranteed Maximum Price for the Old Settlers Park
Buildout Project (the "Agreement"); and
WHEREAS, Owner and Construction Manager hereto now wish to amend the Agreement by
adding additional costs to the pre work allowance set forth in the Agreement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City, First
Amendment to AIA Document 133-2019 Standard Form of Agreement Between Owner and
Construction Manager as Constructor, a copy being attached hereto as Exhibit "A" and incorporated
herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 26th day of September, 2024.
CRAIG AdRGM, Mayor
City of kound rck, Texas
ATTEST:
tw t J Ael&AV]A
ANN FRANKLIN, City Clerk
0112.20242:4869-1069-8213
EXHIBIT
„A„
FIRST AMENDMENT,TO
AIA DOCUMENT 133—2019
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONSTRUCTION MANAGER AS CONSTRUCTOR
THIS FIRST AMENDMENT TO AIA DOCUMENT 133 — 2019 STANDARD FORM OF
AGREEMENT BETWEEN OWNER AND CONSTRUCTION MANAGER AS CONSTRUCTOR
(the"First Amendment") is dated and entered into as of the day of , 2024, by and
between the City of Round Rock,Texas(hereinafter"Owner"),with offices located at 221 East Main Street,
Round Rock, Texas 78664, and SpawGlass Contractors, Inc, with offices located at 1111 Smith Road,
Austin,Texas 78721 (hereinafter"Construction Manager").
RECITALS
WHEREAS, on the 211 day of Decembr, 2023, Owner and Construction Manager executed AIA
Document 133-2019 Standard Form of Agreement between Owner and Construction Manager as
Constructor where the basis of payment is the Cost of Work Plus a Fee with a Guaranteed Maximum Price
for the Old Settlers Park Buildout Project(the"Agreement"); and
WHEREAS, the parties hereto now wish to amend the Agreement by adding additional costs to
the pre work allowance set forth in the Agreement;
NOW THEREFORE IN CONSIDERATION of the mutual covenants and agreements herein
contained, the sufficiency of which are hereby conclusively acknowledged, and subject to the terms and
conditions hereinafter set forth, Owner and Construction Manager mutually agree as follows:
ARTICLE I
AMENDMENTS
Section 1.01 In Article 5, § 5.1 Compensation, § 5.1.1, the pre work allowance of five hundred
thousand dollars and no cents ($500,000,000) shall be increased to one million sixty four thousand one
hundred sixty-six and no cents($1,064,166.00).
Section 1.02 The additional five hundred sixty four thousand one hundred sixty six dollars and no cents
($564,166.00) added to the pre work allowance shall be utilized by Construction Manager for the early
procurement of Contech Underpass and the Pioneer Bridge as described in the attached Exhibit "A,"
incorporated herein by reference for all purposes.
ARTICLE Il
MISCELLANEOUS
Section 2.01 To the extent necessary to affect the terms and provisions of this First Amendment, the
Agreement is hereby amended and modified.In all other respects,the aforesaid Agreement is hereby ratified
and confirmed.
Section 2.02 This First Amendment may be executed in counterparts,each of which shall be an original
and all of which together shall constitute but one and the same instrument.
4853-6706-9917/ss2
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly
executed as of the day and year first above written.
CITY OF ROUND ROCK,TEXAS SPAWGLASSS CONTRACTORS, INC.
By: — -- By: Vf l
Printed Name: Printed Name: Tyler Wenzel
Title: Title: Project Executive
Date Signed: bate Signed: 8/29/2024
ATTEST:
By:
Ann Franklin,City Clerk
FOR CITY,APPROVED AS TO FORM:
By:
Stephanie L. Sandre. City Attorney
L-A IIUIL M
0
Title: Bridge and Underpass Early Procurement Project No.:3023148
Project: CoRR -OSP Buildout Quoted Date: 16-Apr-24
To: City of Round Rock Expiration Date: 16-May-24
Richard Will
2008 Enterprise
Round Rock,TX 78664
SpawGlass Construction hereby submits a Change Quotation for the following changes in contract work
This change includes the purchase of the Contech Underpass and Pioneer Bridge in an early procurement package through the preconstruction
contract.
Vendor Work Description Labor Material Equip. Sub Other Total
TBD CONTECH UNDERPASS 0.00 0.00 0.00 383,850.00 0 00 383,850.00
TBD BRIDGES 0.00 0.00 0.00 180,316.00 0.00 180,316.00
0.00 000 0.00 564,166.00 0.00 564,166.00
MIAL 5564,166.00
CALENDAR DAYS EXTENIS ONTO CONTRACT CQMPLETION DATE 0
We have proceeded with this change as per written direction.
We have not proceeded with this change. In order to proceed, please return a signed copy of this proposal request.Thank you.
APPROVED BY:
SpawGlass Contractors,Inc. Date Architect,Eng ineer Date Owner Date
SpawGlass Contractors, Inc., 1 1 1 1 Smith Rd,Austin,TX 78721 (Phone)512 719-5251
LAI Ilvll h
Quotation Page#1/3
C N T E C H
ENGINEERED SOLUTIONS
A UUIKRETE40 COMPANY
Quote#QUO-649792-B8S1Z0
Date 4/15/2024 Account Name SpawGlass Contractors Inc. r
Quote# OUO.649792-B8S1Z0 Contact Name Tyler Wenzel Contech Rep. Jonathan Mohler
Phone (512)791-5251 Address 3600 William Scarbrough,Schertz,TX,
78154
Project Name Kimley Horn-Pedestrian Fax Phone 210.383-5360
Tunnel
Project# 768376 Email Tyler.Wenzel@SpawGIass.com Fax
Project Austin,TX Email Jonathan.Mohler@conteches.com
City/State
Contech's offer to sell the products described In this quotation is expressly conditioned upon Buyer's assent to the Contech Conditions of Sale("Contech COS")included herewith and,or
viewable at www.conteches.com,cos.A valid tax exemption certificate must be Issued to Contech or sales tax will be added.
Item# Description Quantity
Price
CON/SPAN B-Series- 42 linear ft.of 32 ft.Span x 12.751t.Rise 1.00 1.00 $383,850.00 EA $383,850.00
CON/SPAN Precast Bridge Units.
7 Units,6 ft.typical Lay Length.
HL-93 Loading, 1.5 ft.Max Cover.
2 Detached-Collar Precast Headwalls-(1.5 ft.tall average).
2 Precast Wingwalis-(50 ft.long,50 ft.long).
Heaviest pick weight=27 Tons.
Precast Headwalls notched to receive MSE wall cap for T411 Railing
Formliner Finish on Headwalls and wingwalls included(Fitzgerald
Austin Ashlar Stone, 17002)
Fuli Membrane Waterproofing membrane not included
Total $383,850.00
(Tax not included) Net Total $383,850.00
73.Constructi,n
t be shipped within 30 days of manufacture. Should you be unable to accept delivery of materials at the agreed upon time,a storage
a maximum of 5%per month of the selling price of the stored material applies. Refer to Article 19 Contech CONDITIONS OF SALE.
ading time for delivery trucks is one(1)hour. Demurrage charges of$100.00 per hour thereafter will be added.
loadings typically exceed the intended post-construction live load used for design. Contact your Contech representative for specific
guidelines and limitations based on the construction live loads anticipated.
4.Flexible structures of the type on this project are reliant on the type of structural backfill used,the compaction of that material and the balanced
placement of structural backfill. Contact your Contech representative for specific information.
5.In addition to any other procedures outlined or remedies provided,at the time of order,Contech will request a desired delivery date for the quoted
materials from the purchasing customer. After drawing approval and prior to manufacturing Contech may again confirm the requested delivery date with
the purchasing customer. If purchasing customer cannot take delivery of finished materials within 30 days of requested date,and after Contech has
manufactured the product(s),Contech will invoice for the total amount of the order with payment due within 30 days. Additionally,Contech may also
assess fees in the amount of 5%per month of the selling price of the stored materials that are not shipped within 30 days after the requested delivery date
for storage and handling.
6.One or more of the products quoted herein is nonstandard and not returnable. A down payment equal to 1/3 of the item(s)total is required and must be
received prior to commencement of any performance by Contech.
7.Prices are f.o.b.origin with freight allowed to the jobsite with unloading by others at a truck accessible location.
8.The estimated lead time for the initial submittal package is 4-5 weeks from the receipt of a signed purchase document and receipt of the required design
and project information. Project requirements may necessitate two separate submittals;Contech Contract Drawings(CCD)followed by Fabrication
Drawings(FAB)adding another 2 to 4 weeks to the stated lead times.Submittal lead times are subject to adjustment at time of order based upon current
Engineering backlog.Approval review process is in addition to stated timeframes.The current estimated manufacturing lead time for this material is 12-14
weeks from the receipt of approved Fabrication Drawings. Manufacturing and delivery lead times are subject to adjustment at the time Contech is given
approval to fabricate based upon production capacity and delivery curfews or other travel restrictions.
9.The material included in this quotation is to be designed and manufactured exclusively for this project,is not subject to cancellation and cannot be
returned to stock. See Section 16 of the Contech COS.
10.The sale of these materials requires a preconstruction meeting be held that must include Contech and all parties directly involved in the construction
process.
11.This quotation expires 30 days from the date shown. Prices are firm for shipment within 120 days of the date of quotation and are subject to a
maximum escalation of 8%for each 30 days thereafter.
L-Al IIUIL h
C7_4111�NTECH Quotation Page#2/3
ENGINEERED SOLUTIONS
A 11U1KRETE COMPANY
Quote#QUO-649792-B8SIZ0
Standard Notes
12.This quote Is based on live off loading ONLY and is the responsibility of others. The loads will be delivered as close to the project location as trucks can
reasonably access and be driven under their own power without specialized equipment.Oversized loads warrant additional consideration and providing
suitable access shall be the responsibility of the contractor/customer.The drivers)will leave hard surface public roads only at them discretion but is not
obligated to do so. It driver agrees to access a site unde,any other corditlons,customer may be subject to additional costs Due to curfews and other
travel time restrictions on over dimensional loads,the customer shall be responsible for additional costs associated with weekend,holiday or Monday
delivery requests. Cancellation of scheduled delivery loads requiring permits within 48hrs may result in additional permits and will be the responsibility of
the purchaser.Specialized haulers and or equipment are utilized in the shipping of bridge components(ie"trailer rental"),costs incurred by CONTECH due
to cancellation and Or postponement of the delivery of bridge components will be the responsibility of the purchaser.Staging'Jockeying of trailers can be
provided upon request for an additional fee.
CON/SPAN
CON/SPAN Bridge pricing includes precast concrete units,joint sealant material,masonite shims.associated headwalls and wingwalls(if specifically listed
In Contech's bid line item description).filter fabric for vertical wingwall joints and perforated drain tile behind precast wall system.Contech will provide
contract drawings,fabrication drawings,structural calculations upon request,and on-site consultation during installation of precast units.
Pricing does not Include any site preparation,foundation work,installation of any kind,or backfill monitoring.Temporary shoring of the precast arch is
required when placing concrete for cast in place headwall and may be required prior to installation of precast headwall. When required,shoring shall
remain until arch is backfilled to minimum cover. Arch shoring design,shoring materials.site inspection,and certification of field construction is not
included.As part of the construction process,the contractor is to perform the items listed below in accordance with the Contech contract drawings:
1.Construct cast-ir-place foundations or install precast foundations as appropriate
2.Unload and set structure utilizing crane
3.Grout the unit legs and wingwalls Into the keyway
4.Apply all joint sealing material
5.Excavate for and backfill the structure(Select backfill material is required per CONTECH specifications)
6.Any and all permits,inspection fees,flagmen,barricades,flares,traffic control devices,utility protection,anctor other safety devices as may be required
All materials and services that are not expressly included in the aforementioned scope of work are excluded and subject to additional charges.
PAYMENT TERMS ARE 1 2-10,NET 30 DAYS FROM DATE OF INVOICE UNLESS MATERIAL IS OTHERWISE NOTED AS NON-STANDARD ABOVE.IF NON-STANDARD,PAYMENT TERMS ARE
1 3 AT ORDER ACCEPTANCE AND PRIOR TO START OF PRODUCTION,2,3 NET 30 DAYS FROM DATE OF INVOICE.THIS OFFER IS SUBJECT TO CREDIT APPROVAL.PRICES QUOTED
APPLY ONLY TO THE REFERENCED PROJECT AND ARE IN EFFECT FOR 30 DAYS FROM THE DATE OF QUOTATION.SELLER RESERVES THE RIGHT TO ADJUST PRICES AFTER 30 DAYS
FROM THE DATE OF QUOTATION BUT THE CONTECH COS REMAIN APPLICABLE.PRICES ARE BASED ON ESTIMATED QUANTITIES SHOWN.IF A DIFFERENT QUANTITY 15 PURCHASED,
CONTECH RESERVES THE RIGHT TO ADJUST THE PRICES.THIS QUOTATION CONTAINS THE ENTIRE AGREEMENT WITH RESPECT TO PURCHASE AND SALE OF PRODUCTS DESCRIBED
AND SUPERSEDES ALL PREVIOUS COMMUNICATIONS,BUYER'S SIGNATURE BELOW,DIRECTION TO MANUFACTURE,OR ACCEPTANCE of DELIVERY OF GOODS DESCRIBED ABOVE.
SHALL BE DEEMED AN ACCEPTANCE OF THE CONTECH COS.SELLER EXPRESSLY REJECTS ANY OTHER TERMS AND CONDITIONS.PRICES ARE F.O.B.ORIGIN WITH FREIGHT ALLOWED
TO THE JOBSITE WITH UNLOADING BY OTHERS AT A TRUCK ACCESSIBLE LOCATION.THIS QUOTATION IS ISSUED BY CONTECH ENGINEERED SOLUTIONS LLC FOR ITSELF AND'OR ON
BEHALF OF ONE OR MORE OF ITS SUBSIDIARIES,INCLUDING BUT NOT LIMITED TO KEYSTONE RETAINING WALL SYSTEMS LLC.
Acceptance Contech Engineered Solutions LLC.
WE HEREBY ORDER THE DESCRIBED MATERIAL SUBJECT TO ALL By Jonathan Mohler
TERMS AND CONDITIONS OF THIS QUOTATION AND IN THE Contech
COS INCLUDED HEREWITH AND VIEWABLE AT www conteches.com/cos
Company (0) 210-383-5360
By (F)
Title (Cell)
Date Title
Lnl IIUIL r%
Quotation Paged 3'3
C' ,- NTECH
ENGINEERED SOLUTIONS
A IMIKRETE COMPANY
Quote;k#QUO.649792-B8S1 ZO
Contech-CONDITIONS OF SALE
I. ACCEPTANCE This quotation is an offer to sell to potential Buyer nor the consignee shall have the right to divert or reconsgn consistently maintained by Seller plus a reasonaele
profit
cusiomerls) BUYERS RIGHT TO ACCEPT THIS OFFER'S such shipment to any destination other than specified in the bill of thereon but in no event more than the contract price,
LIMITED TO BUYER'S ASSENT TO THE TERMS AND lading wihout permission of the Sel'.er Unless otherwise agreed (3)the cost'.o b Sellers plant of materials and supplies acquired
CONDITIONS PRINTED HEREON AND THE ATTACHED OR Seller reserves the right to select the made of transportation. especially for the purpose of performing This contract,and
ACCOMPANYING QUOTE,AND NO TERMS ADDITIONAL TO OR (4)reasonable cancellation charges,if any.paid by Seam on
DIFFERENT FROM THOSE IN THIS OFFER ARE BINDING ON 8 PAYMENTS AND LATE CHARGES ON PAST DUE account of any commitment(s)made hereunder
SELLER THERE ARE NO UNDERSTANDINGS TERNS. ACCOUNTS Buyer represeris that Buyer s solvent and can and
CONDITIONS OR WARRANTIES NOT FULLY EXPRESSE-- will day for the products sold to Buyer in accordance with the terms 17 SELLER S RIGHT OF TERMINATION In addition to the other
HEREIN hereof. If Buyer shall fail to comply with any provision or to make rights of termination provided for in this Contract,and it this
payments in accordance with the terms of this contract or any other contract is made pursuant to any governmental rule or regulation,
2. LIMITED WARRANTIES Seller warrants That it can convey contract between Buyer and Seller.Seller may at its option deter plan,order or other directive,upon the directive,
of ected or
good Ude Id We DrodedlS sold under this Contract antl that they are shipments or,without waiving any other fights it may have, mpa❑ed termination thereof Seller shall have The
cption of
free of liens and encumbrances Seller also warrants that lire terminate this contract All deliveries shall be subject to the canceling this centrad m whole or,n part
products sold under this contract are substantially free from defects approval of Seller's Credit Department. Seller reserves the right,
in material and workmanship for a period of one year after the date before making any delivery,to require payment in cash or security 18.WAIVER.Failure or Inability of either
party to enforce any righl
of delivery There are no express or implied warranties with respect for payment,and if Buyer lads to comply with such requirement, hereunder shall not waive any right in respect
to any other or
to products sold hereunder which are misused abused or used in Seller may terminate this contract. A late charge of 1".i%monthly future rights or occurrences
conjunction with mechanical equipment improperly designed,used (18",annual rate)or the maximum arrowed by state law,i1 less wel
or mainfaincid.or which are used,supplied for use or made be imposed on all past due accounts,and Buyer is responsible for 19.DELIVERY Unless otherwise agreed to in wining by the
available for use in any nuclear application of which Se ler has not all costs of collection including without limitation reasonable Seller,the Buyer hereby agrees to take delivery
of the materials
been ndtihed m writing by Buyer at the time of order for the products aftomeys lees and court costs on this order within the later of thirty(30)days after the wanted
sold hereunder SELLER MAKES NO OTHER WARRANTY date shown on the face of me order or within thirty 30)days after
WHATSOEVER,EXPRESS OR IMPLIED. ALL IMPLIED 9 TRANSPORTATION CHARGES Delivered prices or prices ratification,oral or written,that the materials are ready for
WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED involving competitive transportation adjustments shall be subject to shipment.In the event that the Buyer does not arrange to
take
WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE appropriate adjustment to reflect changes in transportation charges delivery of the materials in accordance with this Contract.Seller.
ARE DISCLAIMED BY SELLER AND EXCLUDED FROM THIS at Seller's option,may
CONTRACT 0 CLAIMS BY BUYER Buyer shalt thorough,y,aspect products (a)invoice the Buyer for the materials less Lreigh!if apphcabie.
sold under IhiS Contract immediately upon receipt To verity store the material in Seller's yard for a period;not is exceed sixty
13 LIMITATION OF BUYER'S REMEDIES AND SELLER'S conformance with the specifications of the contract Buyer must (60)days from the date of invoice,charge a storage fee not to
LIABILITY Seller's liability hereunder shall be limited to the notify Seller of claims for failure or delay in delivery within 30 days exceed 5%per month or fraction thereof of
the selling price of the
obligation to repair or replace only:hose products proven to have ahef the scheduled delivery date Buyer must ratify Seller of any stored materials.ace any applicable price
increases Misted on the
been detective n material dr workmanship at the time of delivery.or claims for nonconforming or defective products within 30 days after face of lne order.charge for any repair
work to protective coatings
al ow credit,at its option. Seller s total cumulative liability in any line nonconformity or defect was or should have been discovered In harmed by weathering while such material
is being stored,and
way arising from or pertaining to any product or service sold or addition,Seller must be given an opportunity to investigate the claim charge app icable freight when shipment
to the Buyer is made
required to be sold under this contract shall NOT in any case before Buyer disposes of the material,or else Buyers claim will be Materials remaining in storage after sixty(60)days
from the
exceed the purchase price paid by Buyer fpr such products or barred.Seller shall incur no liability for damage.shortagesor other invoice dale shall become the property of the
Seiler for disposition
services IN NO EVENT SHALL SELLER HAVE ANY LIABILITY cause alleged to have occurred or existed at or prior to delivery to at the Safe,s discretion In that event,Buyer shell
not be liable
FOR COMMERCIAL LOSS.LOST PROFITS.CLAIMS FOR the carrier unless the Buyer shall have entered full detars thereof on for the invo-ce price of the materials.but Shan be liable
for the
LABOR,OR CONSEQUENTIAL.SPECIAL,PUNITIVE OR its receipt to the carrier storage fee and any repair work to protective coatings,or
INCIDENTAL DAMAGES OF ANY TYPE,WHETHER BUYER'S
(b)cancel fire oder and invoice the Buyer for cancellation
CLAIM BE BASED IN CONTRACT,TORT,WARRANTY.STRICT r t MECHANICAL PROPERTIES;CHEMICAL ANALYSES.Data charges,which shall be 25%of The selling jo i0e of the matenals;f
LIABILITY.NEGLIGENCE,OR OTHERWISE IT.S EXPRESSLY referring to mechanical properties or chemical analysis are tie the materials are standard.in stack material or the full selling
AGREED THAT BUYER'S REMEDIES EXPRESSED IN THIS result of tests performed on specimens obtained from Speed c price if the materials are special or nonstandard in nature
and
PARAGRAPH ARE BUYER'S SOLE AND EXCLUSIVE locations of The products)in accordance with were especially fabricated for The Buyer
REMEDIES prescribed sampling procedures.any warranty thereof is limited to
The values obtained at such locations and by such procedures 20.PERIOD OF LIMITATIONS.Buyer and Seller agree that any
4. LIMITATION OF BUYER'S REMEDIES AND SELLERS There Is no warranty with respect to values of the materials at after action by Buyer against Serer relating to this contras of line
LIABILITY FOR FAILURE OR DELAY IN DELIVERY. NO locations products sold hereunder,includ:ngwithout limitation,any action
DELIVERY DATES ARE GUARANTEED BUYER'S SOLE AND for breach of contract or warranty,or otherwise in connection with
EXCLUSIVE REMEDIES AND SELLER'S ONLY LIABILITY FOR 12 PATENTS Seller stall indemnify Buyer against attorneysfees the products sold under this contract.must be commenced by
ANY DELAY IN DELIVERY SHALL BE LIMITED AS SET FORTH anc any damages of costs awarded against Buyer n the event any Buyer against Selzer within one year after the cause of action
IN PARAGRAPH 3 OF THIS CONTRACT legal proceeding is brought against Buyer by a third person claiming theretore axrues or one year of delivery of the products sold
the material delivered hereundef in itself constitutes an infringement hereunder,If less
5. FORCE MAJEURE In any event and in addition to all other of any U.S patent,provided Buyer gives Seller prompt notice of any
limitations stated herein.Seller shall not be liable for any act, such suit being brought,gives Seller the opportunity to defend any 21 CONFLICTING PROVISIONS OFFERED BY BUYER.Any
omission,resin•or consequence.including but not limited to any such suit.and coopera!es with Seller will respect to any such terms and condihorhs of any purchase order or
other Instrument
delay in delivery or performance,which is(i)due to any act of God, defense;unless the material is made in accordance with material issued by tie Buyer,in connection with the subject
matter o1 this
the performance of any government order.any order bearing priority designs,or specifications required by Buyer,in which case Buyer document,which are in addition to or inconsistent
with the terms
rating or order placed under any allocation program(mandatory or shall similarly indemnify Seller and conditions expressed herein,will not be binding on Seller in
voluntary)established pursuant to,aw.!ocal labor shortage,fireany matter whatsoever unless accepted by Seller in writing
hood or other casuaty.governmental regulation or requirement. 13 PERMISSIBLE VARIATIONS.The products sold nereundef
shortage or fail.ue or raw material,supply,fuel,power or shall be subject to Seller s standard manufacturing variations. 22.SEVERABILITY In Case any provision of this contract
shall
transportation,oreakdown of equipment,or any cause beyond tolerances and classificationsbe declared invalid,Illegal or unenfaceabfe,the validity,legality
Sellers reasonable control whether of similar or dissimilar nature to and enforceability of the remaining provisions shag not In any way
those above enumerated or(ii)due to any strike,labo'dispute.or 14 TECHNICAL ADVICE Buyer represents that it has made its be affected or impaired
difference with workers,regardless of whether or not Seller is own independent determination Ihat the products it is purehas ng
capable at settling any such labor problem under this contract meet the design requirements of Buyer's project 23 APPLICABLE LAW.This contract shall be governed by,anc
and are suitable for Buyer's intended application Buyer further construed and enforced in accordance with,The laws of Ohio
6 BUYERS CBLIGATION TO PASS ON LIMITATION OR represents that it has not relied in any respect on any written or oral Buyer and Seller specifically agree that any legal action brought
WARRANTIES AND REMEDIES In order to protect Seller against statements or adv ce from Seller,other than the standard product relating to this contract shall be brought and tried
exciusvely;n
claims by Buyer s buyer.if Buyer resells any of the products specifica!ons set forth m the most recent addition of Sellers the federal district court In Cincinnati,Ohio.or,in
the absence or
purchased under this agreement.Buyer shall include the language published product brochures,in making that delerminat,onjurisdiction,the Buller County Court of Common Pleas r
contained in paragraphs 2 and 3 o'this agreement,dealing with Hamilton,Ohio
Sellers limitations of warranties and remedies,in an enforceable 15 TAXES No taxes imposed with respect of the sale of the
agreement with Buyer's buyer or otherwise include language in an prcducis or services sold hereunder are included in any quotation REV 03,15
enforceable agreement with its buyer that makes Seller's limitation by Seder All appllcao!e taxes shall be added and paid by Buyer In
of warranties and reined es binding on its buyer Buyer shall also addition to The purchase price
include a provision in its agreement with its buyer applying Ohio jaw
to any claims its buyer might assert against Seller with respect to 16 BUYER'S RIGHT OF TERMINATION Buyer may terminate this
products manufactured by Seller,and requiring its buyer to bring contract in whole cr in Dart upon notice in writing to Seller.Seller
any such action against Seller either in federal district court in sliall thereupon cease work and transfer to Buyer title to all
Ononnati,Ohio of the common pleas court for Butler County, completed and partially completed products and to any raw
Ohio Buyer shall defend,indemnify and hold Seller harmless from materials or supplies acquired by Seller especially for the purpose
any and all claims,causes of action.damages,losses or expenses of performing this contact.and Buyer shall pay Seller the sum of
(including reasonable attorneys fees)that Sell incurs by reason of the following
Buyers failure to comply with this paragraph (1)the contract price for all products which Cave been Completed
prior to termination-.
7 PASSAGE OF TITLE Title to the products sold hereunder shall (2)the cost to Seller of the material or work in process as shown on
pass upon dehiery to the carrier a•the point of shipment Neither the books of Seller in accordance with the accounting practice
L-A1IML h
C,a,>N T E C H Contech Engineered Solutions LLC
_ 22C1 W Roya-Lane Ste 260
Innn TX 75063
ENGINEERED SOLUTIONS Phone (214)316-3954
www ContechES.com
March 151, 2024
CONTECH ENGINEERED SOLUTIONS—SCOPE OF WORK—CON/SPAN PRECAST STRUCTURES
Project: Harrell Parkway Pedestrian Underpass- 768376
Location: Round Rock,Texas
Bid Date: TBD
The fo'lowing information is for your use in preparation of your bids for the above referenced project. Please note that
Contech's Bridge Systems (CON/SPAN Bridge System) meet or exceed the specifications called out in the site plans and
project specifications for the precast arch bridge system. Contech will fabricate and deliver the following described
CON/SPAN Precast Arch Units and end treatments. Please refer to the Precast Bridge Installation Guide for more
information.
DESCRIPTION OF SUPPLIED MATERIALS—_Precast Arch Bridges(Crossing Sizes to be Finalized):
42 LF structure length of the CON/SPAN B-Series, 32'-0" span x 12'-75" rise precast concrete arch system, including:
• (7) Precast Concrete Arch Units
6' lay length each, approximately
• Approximate maximum pick weight= 26.62 tons
• Designed for an HL-93 live load and 1.5' of design cover.
c Cover is measured from the top of the structure to the bottom of a flexible pavement and to the top
of a rigid pavement.
• (2) Impact Rated Precast Headwalls— 1.5' tall above crown of arch at center of arch span, detached from
arches
17" thick (formliner finish, impact rated)
c Approximate pick weight = S.2S tons (3 picks per headwall)
• (2) precast wingwalls, as follows:
c North side of bridge: 68' long with a starting height of 14.75' start and ending height of 2.00' at 35-
degree angle
■ 14" thick with a formliner finish
• Approximate maximum pick weight= 8.5 tons (9 picks per wingwall)
Total estimated picks for job= 31 picks with a heaviest pick of 26.62 tons (for planning assume 30 mins a pick)
*NOTE- Number of pieces per structure to be confirmed by contractor and Contech at time of order. Supplied materials
are subject to change based on final design.
ADDITIONAL SUPPLIED MATERIALS, SERVICES AND DESIGN CONSIDERATIONS:
For Precast Arch Bridges:
• Delivery to the job site
• Masonite setting shims
• Headwall mounting hardware
• Standard joint sealing material, unless otherwise specified on drawings
• Lifting devices to connect to lifting inserts
• On-site technical support for pre-construction and installation
• Signed & sealed Installation Drawings
• Signed & sealed Fabrication Drawings
L-AII M L h
Contech Engineered Solutions LLC
C =N T E C H 22C t W Royal Lane,Ste 263
,,► Irving TX 75063
ENGINEERED SOLUTIONS
Pnone (214)3'16-3954
www ConlechES coin
The Contech Scope of Work does not include any site preparation or installation of any kind. See excluded items below for
more information.
Excluded Items: Contech Engineered Solutions will not, nor will we include the cost to:
• Provide demolition and/or removal of existing structure(s) necessary to accomplish the work
• Unload and/or set precast or truss elements (including crane rental)
• Grout structure
• Apply Contech-supplied joint system or any other materials beyond materials outlined above
• Survey, excavate, form or cast foundations or any other cast-in-place concrete work to be done in field
• Supply or apply coatings, stains, finishes, architectural surface treatment, and/or additional waterproofing
membrane, unless specifically called out above
• Furnish and construct any and all earthwork including material, labor, equipment, soils testing, density
testing, supervision, etc.
• Furnish and construct any and all appurtenances such as: guide rail, cut-off walls, footings, slope collars,
curbs, shoring, paving, gabions, as may be required
• Any and all dewatering, stream diversions, cofferdams, etc. to provide a dry and accessible field erection
work site
• Any and all permits, inspection fees, flagmen, barricades, flares, traffic control devices, utility protection,
and/or other safety devices as may be required
• Furnish and install all backfill material to proper densities in accordance with the plans and specifications
and as required by the Engineer of Record and Contech guidelines
• Provide a qualified soils firm who will perform the required soils analysis and field density testing of the
compacted backfill material
After reviewing this document, please contact me directly with any unresolved questions or comments.
Sincerely,
Jonathan Mohler
Bridge Consultant—Central and South Texas
jonathan.mohler@conteches.com
210-383-5360
LAI II VII h
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A division of Bailey Bridges,Inc.
Date: April 10, 2024 Contact: Darryl Yates (John 3:16
Company: Bidding Contractor Office (866)-708-5778
Attention: Estimating Department Fax: (800)-869-0617
Phone: Cell: (256)-996-2342
Fax:
Project Reference #: DY-3650
Project Name: City of Round Rock Pedestrian Bridge
We are pleased to quote you a price on the prefabricated Pioneer Bridge(s) described below.
This bridge(s)will be fabricated from atmospheric corrosion resistant weathering steel.
The floor will be a galvanized composite floor deck (concrete & rebar by others).
Shop drawings stamped by a professional engineer registered in the state of TX will be provided.
Location: Round Rock, Texas
Style: Cornerstone
Width: 14'-0"
Span: 100'-0"
Finish: Weathering
Floor: 6" NW Concrete
Number of pieces: 2
Design Criteria: AASHTO
Live Load (psf): 90
Dead Load (psf): 92
Vehicle Load (kips): 20
Lifting Weight (lbs): 44,514
Vert. Reaction (kips): 127.4
Horiz. Reaction (kips): 14.5
Truss Height (feet): 8.00
Railing Height: 54"
Safety Rails: Horizontal
Rail Opening: 4"
Bridge cost delivered $180,316
Delivery: 30 to 36 weeks (delivery schedule subject to backlog at time of drawing approval).
Bridge(s)will be delivered to the nearest site easily accessible to over-the-road trucks.
Not included: Sales tax, unloading, erection, supports, anchor bolts and abutment designs.
Terms: 1/3 down, net 30 days after delivery (pending credit approval) This quote is per our standard
terms and conditions and is good for 30 days. Please call if you have any questions.
dyates@pioneerbridges.com
Daryl Yates (John 3:16)
Bridge Specialist
119 40th Street NE Fort Payne,AL 35967 800-477-7320 256-845-7775 fax www.pioneerbridges.com