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R-85-781 - 11/14/1985WHEREAS, the City has duly advertised for bids for the construction of Memorial Park, and n/� � �� WHEREAS, ( .i 2,- ita,vtt„..eziwi , submitted the lowest and best bid; and n/ �n� WHEREAS, the Council wishes to accept the bid of [. ge2-1r.LL , and to authorize the construction of Memorial Park, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS // That the bid of (�f.geLx./�, //LQ4,LLC i/w is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to execute on behalf of the City a contract with for the construction of Memorial Park. RESOLVED this 14th day of November, 1985. ATTEST: JO E LAND, City Secretary RESOLUTION NO. /O/1 2/z6-1 gl..„.. MIKE ROBINSON, Mayor City of Round Rock, Texas DATE: November 12, 1985 SUBJECT: Agenda, November 14, 1985 ITEM: 11B — Consider bids and a resolution authorizing the Mayor to enter into a contract for the construction of Memorial Park The Round Rock Parks and Recreation Department received four (4) bids on the Round Rock Memorial Park Projects. ALANA CONST. $297,700.00 180 CALENDAR DAYS RANDALL & BLAKE, INC. $314,973.00 116 CALENDAR DAYS HAYDEN CONCRETE $324,485.00 100 CALENDAR DAYS PEABODY GENERAL CONTRACTORS $333,800.00 180 CALENDAR DAYS Staff recommends that we accept the low bid. References have been checked, and staff is satisfied. AGREEMENT made as of the Eighteenth Hundred and Eighty Five BETWEEN the Owner: and the Contractor: The Project: The Architect: THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1977 EDITION THIS DOCUMENT. HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 1S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A201, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. day of November City of Round Rock 214 East Mairi Street Round Rock, Texas 78664 Alana Construction Company Inc. 3409 Executuve Center Drive Suite 213 Austin, Texas 78731 Round Rock Memorial Park Round Rock, Texas Gill Spencer Powell, Architects P.O. Box 217 Round Rock, Texas 78680 The Owner and the Contractor agree as set forth below. in the year of Nineteen Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 0 1977 by the American Institute of Architects, 1735 New - York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United Slates and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 -1977 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. ARTICLE 2 THE WORK • The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive of the Work as used on other Contract Documents.) Round Rock Memorial Park, Round Rock, Texas ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on or before a date to be specified in a written "Notice to Proceed" from the Owner or Architect. and, subject to authorized adjustments, Substantial Completion shall be achieved not later than one hundred eighty days " Notice to Proceed date y special provisions lar liquidated damages relating to )allure to complete on lime.) AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • Alike 011977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 - 1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of approximately Two Hundred Ninety Seven Thousand Seven Hundred Dollars and No Cents ($297,700.00) The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit pricer, as applicable.) Base Bid (Refer to Attachment 11 C" Bid for a Lump Sum Contract). $297,700.00. ARTICLE 5 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the L day of the month as follows: Not later than Fifteen (15) days following the end of the period covered by the Application for Payment Ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and Ni nety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owrter; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to NinetY percent ( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplete Work and unsettled claims as provided in the Contract Documents. (1f not covered elsewhere In the Contract Documents, here Insert any provision for limiting or reducing the amount retained alter the Work reaches a certain stage of completion ) All payments shall be subject to City Council approval. Said approval will be considered at the regulary scheduled meeting of the Council which falls on the second Thursday of each month. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here insert any rate of Interest agreed upon.) Usury laws and requirements under the federal Truth In Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business. the location of the Prefect and elsewhere may affect the validity of this provblon. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIM 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 - 1977 3 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions or the Contract (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all cases and dates where applicable.) Standard Form of Agreement between Owner and Contractor (AIA Document A101, 1977 Edition, June. Dated November 18, 1985) General Conditions of the Contract for Construction (AIA Document A201, 1976 Edition, pages 1 -19 inclusive.) Supplementary Conditions, pages 1 -5 inclusive. Drawings: Project - Round Rock Memorial Park, dated October 17, 1985 (unless otherwise noted) Refer to attachment "A ", Index of Drawings, Index of Drawings -1. Project Manual:(Specifications): Project - Round Rock Memorial Park dated October 17, 1985, Refer to attachment "B" Table of Contents, pages 1 - 3 inclusive. Attachment "C" • Bid for a Lump Sum Contract submitted by Alana Construction Co, Inc. dated October 10, 1985 consisting of four pages (including Bond Documents). The Texas Board of Architectural Examiners, 5555 N. Lamar Blvd., Bldg. H -117, Austin, Texas 78151, Phone: 512/453 -1363, has jurisdiction over individuals licensed under the Architects Registration Law, Article 249a, SS This Agreement entered into a's of the day and year first written above. OWNER City of Round Rock 214 East Main Street CONTRACTOR Alana Construction Company, Inc. 3409 Executive Center Drive, Suite 213 Round Rock, Texas 78664 Austin, Texas 78731 AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIM. 601977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 -1977 4 SPECIAL CONDITIONS The following special conditions amend, modify, or supplement the standard form of agreement between Owner and Contractor. In the event of a conflict between the following provisions and provisions pf the other cpntract documents as listed in Article 7, Paragraph 2, of the aforesaid owner - contractor agreement, the provisions below will govern. REPRESENTATIONS 1. Contractor hereby warrants and represents to Owner that: a. Contractor is skilled and experienced in the construction of the type described herein. b. Contractor has visited job site and familiarized and satsified himself as to the condition of the surface and subsurface of the property; available labor supply; available materials and supplies; and all other matters which could, in reasonable.probaility.affect the performance of the work. SUBSTANTIAL COMPLETION 2. By the term "Substantial Completion" as used in Article 3 of the Agreement between Owner and Contractor is meant such completion as would reasonably permit the Owner to use the project for the purpose for which it was intended. Owner: City of Round Rock 214 East Main Street Round Rock, Texas 78664 Contractor: Alana Construction Co., Inc. 3409 Executive Center Drive Suite 213 Austin, Texas 78731 INDEX OF DRAWINGS COVER SHEET - MASTER PLAN SHEET 1 - PHASE I SHEET 2 - PHASE II SHEET 3 - .PHASE III SHEET 4 - DETAILS SHEET 5 - DETAILS SHEET 6 - BRIDGE PLANS AND ELEVATIONS SHEET 7 - BRIDGE DETAILS ATTACHMENT "A" INDEX OF DRAWINGS ATTACHMENT "B°" PROJECT MANUAL ROUND ROCK MEMORIAL PARK ROUND ROCK, TEXAS TABLE OF CONTENTS Pages, Inclusive BIDDING REQUIREMENTS 1 ,Advertisement for Bids 1 Instructions to Bidders 1 - 3 Bid for a Lump Sum Contract 1 - 2 FORMS OF AGREEMENT Forms of Agreement and Bonds 1 CONDITIONS .OF THE CONTRACT General Conditions 1 - 19 Supplementary Conditions 1 - 5 DRAWINGS r � Index of Drawings 1 1t TECHNICAL SPECIFICATIONS DIVISION 1 - GENERAL REQUIREMENTS 00820 - Minimum Wage Rates 1 - 2 01000 - General Requirements 1 01020 - Allowances 1 01100 - Alternates 1 01160 - Contractor Requirements 1 - 2 01300 - Submittals 1 - 3 01500 - Temporary Facilities and Controls 1 - 2 01700 - Contractor Close Out 1 - 3 01710 - Cleaning 1 - 2 01720 - Record Documents 1 - 2 01740 - Warranties 1 TABLE OF CONTENTS - 1 DIVISION 2 - SITEWORK 02200 - Excavation and Grading 02441 - Landscape Irrigation 02490 - Site Planting 02510 - Concrete Walkway Paving 02513 - RollerCompacted Concrete Paving - 02514 - Brick Paving 02515 - Concrete Curb and Gutter 02580 - Pedestrian Bridge DIVISION.3 - 03300 - DIVISION 4 - 04410 - DIVISION 5 - 05500 - DIVISION 6 - 06111 - DIVISION 7 - 07920 - DIVISION 8 - DIVISION 9 - 09310 - 09910 - DIVISION 10 10420 - 10440 - DIVISION• 11 DIVISION 12 DIVISION 13 DIVISION 14 DIVISION 15 15400 - CONCRETE Cast -In -Place Concrete MASONRY Rough Stone Masonry METALS Metal Fabrications WOOD AND PLASTICS Light Wooden Structures'Framing THERMAL AND MOISTURE PROTECTION Sealants DOORS AND WINDOWS (NOT USED) FINISHES Ceramic Tile (Thin Set) Exterior Painting - SPECIALTIES Plaques Wood Letters for Signage - EQUIPMENT (NOT USED) - FURNISHINGS (NOT USED) - SPECIAL CONSTRUCTION (NOT USED) - CONVEYING SYSTEMS (NOT USED) - MECHANICAL WORK Plumbing Systems TABLE OF CONTENTS - 2 1 Pages - Inclusive 1 - 5 1 - 3 1 - 4 1 1 1 - 3 R L 1 itE DIVISION 16 16010 - 16020 - 16030 - 16110 - - ELECTRICAL WORK Electrical General Provisions Electrical Utilities Grounding Raceways TABLE OF CONTENTS - 3 ROUND ROCK MEMORIAL PARR GILL SPENCER POWELL, ARCHITECTS ROUND ROCK, TEXAS ROUND ROCK, TEXAS To: Gentlemen: BID FOR A LUMP SUM CONTRACT Proposal of __ /liana_ L=Yw .. c• (Herein after called "Bidder ", *a corporation, organized and existing under the laws of the State of Texas: *a partnership or *an individual doing business as The undersigned, in compliance with your invitation for bid for the construction of Round Rock Memorial Park, Round Rock, Texas; having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction of the proposed work, hereby proposes to furnish all labor, material, equipment and supplies and to construct the project in accordance with the Contract Documents, within the time set forth herein, and at the price set forth below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents of which this proposal is a part. Bidder hereby agrees to commence work on or before a date to be specified in a written "Notice to Proceed" of the Owner and to fully complete the work, ready for acceptance within [10 days. Bidder acknowledges the receipt of the following addenda: *Insert corporation, partnership, or individual as applicable. BID CONTRACT - 1 DATE: October 10, 1985 Bidder agrees to perform all of the work described in the Specifications and shown on , the ,Drawings for a lump sum fo all constr LL yction of 1TSr_'? _[1K ^lt? < - _11.i:�r' _ �'LA:L' � L •'/1•�annc( E1�rsli - -- ($ - 33J y Z2o 2. • ) . * * Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 45 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract within ten days and deliver a Surety Bond or Bonds as required by the General and Supplementary Conditions. The Bid security attached in the sum of Dili._ (]9 t7' is to become the property of the Owner in the event the contract and bond are not executed within the time set forth, as liquidated damges for the delay and additional expense to the Owner caused thereby. Respectively Sub tted: (Seal if bid is by a By. - -- corporation) Title: Address: 31109 e er,,d„e (x/4" Or TX 7 * *Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. rtitrnc,cC 5vbo}:WA., br r Cy:sN ca iN Cerst,t ke in I� iu c'r reit7r Urne4Cte4 CAcie e_, - (Palk„Ay5 f t o_st r � 0QrL t r; Fcn to nc�J ��E� d,(l<.; ( 1S OQO fro" tae to icl BID CONTRACT - 2 �. G► Allied ' le Fidelity Insurance Co. Indianapolis, Indiana KNOW ALL MEN BY THESE PRESENTS: n,arwe, Alana Construction Company, inc BID OR PROPOSAL BOND BOND NO ST5423 as Principal, and ALLIED FIDELITY INSURANCE CO., of Indianapolis, Indiana, as Surety, are held and firmly bound unto The City of Round Rock Park and RPcraatinn nopArtmPnt- as Obligee, in the penal sum of Five Per Cent of—the Greatest Amount RI 5% GAB ) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we hind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 17 day of October 19 _x5.. Round Rock Memorial Park Project. WHEREAS, the said Principal is herewith submitting a proposal for Project Number 1563. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the said Principal shall execute a contract and give bond for the faithful performance thereof within t en ( 10) days after being notified in writing of the award of such contract to Principal, or if the Principal, or Surety shall pay the Obligee the sum, not exceeding the penalty hereof, by which the amount of the contract, covering the said proposal, properly and lawfully executed by and between the Obligee and a third party, may exceed the amount hid by Principal. then this obligation shall be void; otherwise, it shall remain in full force and effect. 1527 4-72 Alana Construction Company, Inc. B B ALLIED FIDELITY INSURANCE CO. g if u' Spence, Jr. Attorney-&, -fact f ►11 Allied Vie'' Fidelity Insurance Co. 11555 North Meridian Street • Carmel, Indiana 46032 • 1 (800) 428 -5730 Mailing Address: P.O. Box 7001, Indianapolis, Indiana 46207 $25,000 • POWER OF ATTORNEY ST No 0005423 KNOW ALL MEN BY THESE PRESENTS: That this Power-of- Attorney is not valid unless attached to the bond which it authorizes executed. It specifies the LIMIT OF THE AGENT'S AUTHORITY AND THE LIABILITY OF THE COMPANY, HEREIN. THE AUTHORITY OF THE ATTORNEY -IN - FACT and THE LIABILITY OF THE COMPANY SHALL NOT EXCEED • • • • Twenty -five Thousand and no /00 Dollars * * * * ALLIED FIDELITY I CO a Ii corporation, havin its p in= al office in the it of Carml, e gg tale of In Tana, dots hereb Ak e r ,, co nstitu(<iind appoint• J. F. Spen n c e Jrnda . /Daisy L. Cana /James F. Jackson Jr. tJoint .Ly or Several or Houston TPXAR (CITY) (STATE) its lawful agent and attorney- in•fact to make, execute, seal, and deliver for and on its behalf as its act and deed any and all undertakings, bonds, con- tracts of suretyship, EXCEPT: bail appearance bonds, ne•exeat bonds, immigration bonds, any guarantee for failure to pay alimony or support pay- ments, or any bond guarantying the repa of mone made available through loans or credits. USE OF MORE THAN ONE POWER VOIDS THE BOND. THIS POWER VOID IF ALTERED OR ERASED OR IF POWER•OF- ATTORNEY NUMBER DOES NOT APPEAR IN RED PRINT. The acknowledgment and execution of any such document by the said Attorney -In -Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of this Company. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following By -Law adopted by the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 29th day of April, 1982: "The President shall have power and authority to appoint Attorneys -in -Fact, and authorize them to execute, on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other surety and writings obligatory in the nature thereof; and he ma at any time in his judg- ment remove any such appointees and revoke the authority given to them; and with respect to any Certified Copy of any Power of Attorney, the signa- tures of any issuing or attesting officer, and the seal of the Company, may be affixed to such Power of Attorney or to any certificate relating thereto, by facsimile; and such facsimile signatures and facsimile seals shall be valid and binding on the Company, in the future, with respect to an bond, undertak- ing or instrument of suretyship, to which it is attached." This Certificate may be signed and sealed by facsimile under and by the authority of the following resolution of the Board of Directors of Allied Fidelity Insurance Co. at a meeting duly called and held on the 29th day of April, 1982: "RESOLVED: That the use of a printed facsimile of the corporate seal of the company and of the signature of an Assistant Secretary on any certifica- tion of the correctness of a copy of an instrument executed by the President pursuant to the By.Laws appointing and authorizing an Attorney - -Fact to sign in the name and on behalf of the company surety bonds, underwritings, undertakings or other instruments described in said By- Laws, with like effect as if such seal and such signature had been manually affixed and made, hereby is authorized and approved." IN WITNESS WHEREOF, Allied Fidelity Insurance Co. has caused ifs official seal to be hereunto affixed and these presents to be signed by its duly authorized officers this 6th day of July, 1982. . - STATE OF INDIANA COUNTY OF HAMILTON NOTE TO COMPANY REPRESENTATIVE: Following Execution Report To Be Detached and Returned to Company BY ALLIED FIDELITY INSURANCE CO. �-0tM1..eL 0. C: •t.erAj President Secretary SS: On this 6th day of July, 1982, before me a Notary Public, personally appeared H. 0. CROQUART and T. L. EADS, who being by me duly sworn, acknowledged said instrument to be the voluntary act and deed of said Corporation. Notary Public Notary Public, Hamilton County, Indiana My Commission Expires: 1/19/87 Assistant Secretary I, Frances A. Wilkinson, the Assistant Secretary of Allied Fidelity Insurance Co., do hereby certify that the foregoing Power of Attorney and By. Law and Resolution of April 29, 1982, have not been revoked and are now in full force and effect. 17th IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said corporation, this day of Octohar ,19 AS 2 . ..c.E..m