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R-87-1003 - 5/28/1987CITY OF ROUND ROCK, TEXAS CITY COUNCIL MEETING THURSDAY, MAY 28, 1987, 6:00 P.M. CITY COUNCIL CHAMBER 216 EAST MAIN STREET COUNCILMEMBERS Mike Robinson, Mayor Trudy L. Lee, Mayor Pro -tem Mike Heiligenstein Glenn T. King Pete Correa Ronnie Jean Charles Culpepper AGENDA 1. CALL WORK SESSION TO ORDER - 6:00 P.M. 2. ROLL CALL 3. WORK SESSION: A. Consider discussion of one -half cent sales tax as an offset to ad valorem taxes and the procedure for implementation. B. Consider discussion concerning modification of the oversize ordinance in relation to minimum size. C. Consider discussion concerning revisions to the garbage contract. D. Consider a presentation of the Sealcoat Program. E. Consider discussion of possible Electrical Code revisions. F. Consider discussion of the East Florence Street extension. G. Committee Reports. H. City Manager's Report. I. Council Comments. 4. EXECUTIVE SESSION: A. Executive Session as authorized by Article 6252 -17, Section 2, Subsection (3), Vernon's Texas Civil Statutes - Discussion relating to pending litigation, personnel matters and land acquisition. 5. CALL REGULAR SESSION TO ORDER - 7:00 P.M. 6. ROLL CALL 7. APPROVAL OF MINUTES: Regular Meeting of May 14, 1987; Special Called Meeting of May 18, 1987. 8. CITIZENS COMMUNICATIONS: A. Ken Massey, Round Rock Chamber of Commerce - Street Close Request. 9. PROCLAMATIONS: A. Consider a proclamation proclaiming Leukemia Race For Life Week. B. Consider a proclamation proclaiming June as Parks and Recreation Month. 10. PUBLIC HEARINGS: A. Consider public testimony concerning the request to rezone the Pettijohn Property. B. Consider public testimony concerning the annexation of Brushy Creek North. 11. ORDINANCES: A. Consider an ordinance amending the Traffic Code. (Second Reading) B. Consider an ordinance amending the Animal Control Ordinance. (Second Reading) C. Consider an ordinance amending the Zoning Ordinance by rezoning the Pettijohn Property to a PUD. (First Reading) D. Consider an ordinance revising the Electrical Code. (First Reading) E. Consider an ordinance revising the Landscape Ordinance. (First Reading) AGENDA May 28, 1987 Page 2 12. APPOINTMENTS: A. Consider an appointment to the Housing Authority. B. Consider an appointment to the Historic Preservation Commission. C. Consider appointments to the Development Review Board. 13. RESOLUTIONS: A. Consider a resolution authorizing the Mayor to enter into an agreement with Espey Huston and Associates for the design of East Florence Street Extension. B. Consider a resolution authorizing certain fees to be charged by the Police Department. C. Consider a resolution authorizing the Mayor to purchase certain playground equipment. D. Consider a resolution authorizing the Mayor to enter into a contract for certain sprinkler systems in City parks. E. Consider a resolution authorizing the City to sell certain equipment at the water treatment plant. F. Consider a resolution authorizing the Mayor to execute a real estate contract. G. Consider a resolution revolking the prior acceptance of Vista Heights Section 5A. 14. DISBURSEMENTS: A. Consider payment to Haynie Kaltman & Gray. 15. OLD BUSINESS 16. NEW BUSINESS: A. Consider a request by Manhattan's Restaurant to be provided with City wastewater services. 17. ADJOURNMENT CERTIFICATE 1 certify that the above notice of City Council meeting was posted on the bulletin board at the City Hall of the City of Round Rock, Texas, on the 22nd day of May 1987, at 5:00 P.M. ;ATE: May 26, 1987 SUBJECT: Council Agenda, May 28, 1987 ITEM: 130 - Consider a resolution authorizing the Mayor to enter into a contract fec certain sprinkler systems in city parks. Six bids were received for the installation of irrigation systems for Buck Egger Park, Kinningham Park, Somerset Park, Round Rock Memorial Park and Greenhill Park. Simmons $55,976.00 60 days Living Arts $47,300.00 90 days Westside Service $46,437.00 50 days Sprinkler King $45,851.00 61 days Key Sprinkler Co. $44,000.00 45 days Hall Sprinkler Co. $43,774.00 60 days Staff recommends that the low bidder, Hall Sprinkler Company, be awarded the bid in the amount of $35,949.00. The scope of the project was reduced to coincide with available funds. RESOLUTION NO. WHEREAS, the City has duly advertised for bids for the installation of sprinkler systems in various City of Round Rock parks, and WHEREAS, Hall Sprinkler Co. submitted the lowest and best bid; and WHEREAS, the Council wishes to accept the bid of Hall Sprinkler Co. , and to authorize the execution of the necessary documents, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of Hall Sprinkler Co. is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to enter into an agreement with Hall Sprinkler Co. for the installation of sprinkler systems in various City of Round Rock parks. ATTEST: Joanne Land, City Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas LAWNS Genttemen, The David Boot Gtoup P. U. Box 892 Round Rock, Tezaz 78680 SR /n4 ESTATES Ape 30, 1987 Steve Rohovich De4ign /Saee4 GOLF COURSES HALL SPRINKLER COMPANY Re: Buck EggeA Panh, Kdnningham Pcvch, Somen4et Path, MemoA -iae Pcvth, GAeen- hL 14 Panh 835 -4803 9709 BECK CIRCLE AUSTIN, TEXAS 78758 Enceo4ed you witt bdnd a Ci4t ob job neiene:zce4 , simita4 in coot value o4 the4e fob4 which we cute bidding. Norwood Pcvtk, Evengneen Land4cape, Inc. - Je66 Lennon Bank o¢ the Hitk4, Robinzon BAothea4 Land4caping, Inc. - Mike Robinson We4tech 360, Hot ton Land4cape Sy4tem4, Inc. Bevty Cheek Country Ceub, Gneate. Texas Land4cape4, Inc. The Anbonetum, Tnammett CAow Amonnon Pan.k, TAamme t Cnow Vaxa Pnopent.ie4 - George Gu4ick Panken E Rogen4 Con.t'Uction Company - Ray RogeA4 Ig any Uvtthen .injonmat.ion i4 needed, pkea.e ke2 {ycee to contact me at 835 -4803. Thank you. 1 LAWNS HALL SPRINKLER COMPANY 4u,t„2 The David Boat Gtoup P. 0. Box 892 Round Rock, Texan 78680 Gentlemen, Hall SpninkCen Company agneea that 14 the contract 14 awarded to u6 that we will provide to the City o4 Round Rock a 100% Peqonmance Bond to coven the amount o4 wank awarded to ua. There wilt be no 6ubcontnacton4 on the job. Thank you bon thin opportunity o4 bidding theae job4. SR /+w ESTATES Apnit 30, 1987 Re: Buck Eggers Pank, Kinningham Peak, Somen6et Peck, MemoniaP Peck, Gneen- hitt Peck Steve Rok vich De6ign /Sale6 835 -4803 9709 BECK CIRCLE AUSTIN. TEXAS 78758 GOLF COURSES 1 Apnit 30 , 1987 The City of Round Rock 214 East Main Street Round Rock, Texas 78664 Dear Sirs: 1311' FORM (LUMP SUM) RE: Irrigation Bid Buck Egger Park, Kinningham Park, Somerset Park, Memorial Park, Greenhills Park. The undersigned, in compliance with your invitation for bids and having carefully examined the specifications, drawings, and related documents entitled: Buck Egger Park Irrigation Plan, Somerset Park Irrigation Plan, Memorial Park Irrigation Plan and Greenhills Park Irrigation Plan 1 as prepared by The David Bost Group, P.O. Box 892, Round Rock, Texas 76680, and also having carefully examined the specifications, drawings and related documents entitled Kinningham Recreation Center Irrigation Plans as prepared by Submatic Irrigation, as well as the site of the proposed work and being familiar with all of the conditions surrounding the proposed work, hereby proposes to furnish all labor, materials, permits, machinery, tools, and supplies necessary to complete the work as described in specifications, drawings, and related documents named herein and within the time set forth herein for the lump sum price of: Five Thou2and The Hun 1. Buck Egger Park and Ninety One Dollars ($ 5,391.00 ) Calendar days required for substantial completion 7 Daye Eight Thou_and FOUL Hundred 2. Somerset Park and FiAty Five Dollars ($8,455.00 ) Calendar days required for substantial completion 10 Paws Twelve Thoueand Seven Hundred 3. Memorial Park and Seventy Dollars ($12,770.00 ) Calendar days required for substantial completion 15 Dave Three Thoueand Two Hundred 4. Greenhills Park and Ntne.tq Four Dollars ($ 3,294.00 ) Callendar days required for substantial completion 4 Day4 BID FORM 00007 -1 Required general information to be included with bid: 3. List of references. Hate S. inkteK Com ThiAteen Thousand Eight NunAed 5. Kinningham Park and S four Dollars ($ 13,864.00 ) Calendar days required for substantial completion 20 Dap, The Owner reserves the right to select separate contractors for each or the above park irrigation systems or one single contractor for all five park irrigation systems. 6. Installation of automatic underground irrigation systems at Buck Egger Park, Somerset Pa ., g Memorial Pare Greenhills Park and Kinningham Park v n q T J un N Park. (8 43,774.00) Calendar days required for substantial completion 60 Pay4 • NOTE: Work included in this proposal is tax exempt. 1. List of subcontractors, their addresses and telephone numbers, and locations of jobs done, shall be furnished for the landscape Architect's approval. 2. Agreement to provide a 100% performance bond upon award of contract. Should the undersigned be notified of the acceptance of this proposal within thirty (30) days after the time set for the opening of bids, he agrees to execute a contract for the above work, for the above compen- sation in the form of the Standard Agreement (copy bound herein). 512 835 - 4803 teve ov-c Business Phone Number BID FORM 00007 -2 Respectfully submitted, 8131 N. Lamwc $fvd. Austin, Texa4 78753 Business Address THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A107 Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1978 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT 70 ITS COMPLETION OR MODIFICATION This document includes abbreviated General Conditions and should not be used with other General Conditions. It has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Twenty— seventh day of May in the year of Nineteen Hundred and Eight —Six BETWEEN the Owner: The City of Round Rock 214 E. Main St.. Round Rock, Texas 78664 and the Contractor: Hall Sprinkler Company of Austin 9709 Beck Circle Austin, Texas 78758 the Project: Automatic Underground Irrigation System Buck Egger Park, Kinningham Park, Somerset Park and Greenhills Park, Round Rock, Texas the Architect: The David Bost Group P 0 Box 892 Round Rock, Texas 78680 The Owner and the Contractor agree as set forth below. Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1974, ® 1978 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 States and will be subject to legal prosecution. AIA DOCUMENT A107 • ABBREVIATED OWNER - CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1975 • NO m 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 M07 -1978 1 ARTICLE 1 THE WORK 1.1 The Contractor shall perform all the Work required by the Contract Documents for (Here insert the caption descriptive o! the Work as used on other Contract Documents.) Installing a complete automatic underground irrigation system, including the furnishing of all labor, equipment, appliances and materials and performing of all operations in connection with the construction of the irrigation system. ARTICLE 2 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The Work to be performed under this Contract shall be commenced wi thin five (5) days of execution of contract and, subject to authorized adjustments, substantial Completion shall be achieved not later than (Here insert any special provisions for liquidated damages relating to failure to complete on time.) Sixty calendar days after commencement. ARTICLE 3 CONTRACT SUM 3.1 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 Thirty — One Thousand and Four Dollars and 00/100. ($31,004.00) 3.2 The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) Lump Sum AIA DOCUMENT A107 • ABBREVIATED OWNER - CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • MAO ® 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20008 A107 -1978 2 ARTICLE 4 PROGRESS PAYMENTS 4.1 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 Con- tractor as provided in the Contract Documents for the period ending the last day of the month as follows: (Here insert payment procedures and provision for retainage, it any.) Contractor's Application for Payment and Landscape Architect's Certificate for payment are submitted by City Staff for City Council approval at the first Council meeting of the month, normally scheduled for the second Thursday of the month. Appli- cation for Payment must be submitted to the Landscape Architect at least two weeks prior to date of Council meeting. Ten Percent (10 %) retainage shall be held by the Owner until final payment is made, as per Article 5 herein. 4.2 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 al business. the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosure or waivers.) ARTICLE 5 FINAL PAYMENT 5.1 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 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions of 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.) Sheet Somerset Park Greenhills Park Buck Egger Park Kinningham Park Irrigation Plan Dated 4 -1 -87 -12-87 3 -31 -87 Revised 4 -9 -87 Conditions (General and Supplementary General), Specifications, Addenda and other requirements given in the Project Manual for the project. AIA DOCUMENT A107 • ABBREVIATED OWNER CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 0975 • AIM, ® 1975 • THE AMERICAN INSTITUTE OF ARCHITECTS, 17 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107 -1978 3 GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement with General Conditions, Supplementary and other Condi- tions, the Drawings, the Specifications, all Addenda issued prior to the execution of this Agreement, and all Modifi- cations issued by the Architect after execution of the Contract such as Change Orders, written interpretations and written orders for minor changes in the Work. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if re- quired by all. Work not covered in the Contract Docu- ments will not be required unless it is consistent therewith and reasonably inferable therefrom as being necessary to produce the intended results. 7.2 Nothing contained in the Contract Documents shall create any contractual relationship between the Owner or the Architect and any Subcontractor or Sub- subcontractor. 7.3 By executing the Contract, the Contractor represents that he has visited the site and familiarized himself with the local conditions under which the Work is to be performed. 7.4 The Work comprises the completed construction re- quired by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or 'to be incorporated in such construction. ARTICLE 8 ARCHITECT 8.1 The Architect will provide administration of the Con- tract and will be the Owner's representative during con- struction and until final payment is due. 8.2 The Architect shall at all times have access to the Work wherever it is in preparation and progress. 8.3 The Architect will visit the site at intervals appropri- ate to the stage of construction to familiarize himself gen- erally with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. On the basis of his on -site observations as an architect, he will keep the Owner informed of the prog- ress of the Work; and will endeavor to guard the Owner against defects and deficiencies in the Work of the Con- tractor. The Architect will not have control or charge of and will not be responsible for construction means, meth- ods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 8.4 Based on the Architect's observations and an evalua- tion of the Contractor's Applications for Payment, the Architect will determine the amounts owing to the Con- tractor and will issue Certificates for Payment in accord- ance with Article 15. 8.5 The Architect will be the interpreter of the require- ments of the Contract Documents. He will make decisions on all claims, disputes or other matters in question be- tween the Contractor and the Owner, but he will not be liable for the results of any interpretation or decision ren- dered in good faith. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. All other decisions of the Architect, except those which have been waived by the making or acceptance of final payment, shall be sub- ject to arbitration upon the written demand of either party. 8.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. 8.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. ARTICLE 9 OWNER 9.1 The Owner shall furnish all surveys and a legal de- scription of the site. 9.2 Except as provided in Paragraph 10.5, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. 9.3 The Owner shall forward all instructions to the Con- tractor through the Architect. 9.4 If the Contractor fails to correct defective. Work or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any por- tion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity. ARTICLE 10 CONTRACTOR 10.1 The Contractor shall supervise and direct the Work, using his best skill and attention and he shall be solely responsible for all construction means, methods, tech- niques, sequences and procedures and for coordinating all portions of the Work under the Contract. 10.2 Unless otherwise specifically provided in the Con- tract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equip- ment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper AIA DOCUMENT A107 • ABBREVIATED OWNER - CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA• 88 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1775 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107 -1978 4 execution and completion of the Work, whether tempo- rary or permanent and whether or not incorporated or to be incorporated in the Work. 10.3 The Contractor shall at all times enforce strict dis- cipline and good order among his employees and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. 10.4 The Contractor warrants to the Owner and the Architect that all materials and equipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements may be considered defective. 10.5 Unless otherwise provided in the Contract Docu- ments, the Contractor shall pay all sales, consumer, use and other similar taxes which are legally enacted at the time bids are received, and shall secure and pay for the building permit 'and for all other permits and govern- mental fees, licenses and inspections necessary for the proper execution and completion of the Work. 10.6 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work, and shall promptly notify the Architect if the Drawings and Specifications are at variance therewith. 10.7 The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontrac- tors and their agents and employees, and other persons performing any of the Work under a contract with the Contractor. 10.8 The Contractor shall review, approve and submit all Shop Drawings, Product Data and Samples required by the Contract Documents. The Work shall be in accord- ance with approved submittals. 10.9 The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as his tools, construction equipment, machinery and surplus materials. 10.10 The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from foss on account thereof. 10.11 To the fullest extent permitted by law, the Con- tractor shall indemnify and hold harmless the Owner and the Architect and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or result- ing from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work it- self) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 10.11. In any and all claims against the Owner or the Architect or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indi- rectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph 10.11 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers' or workmen's com- pensation acts, disability benefit acts or other employee benefit acts. The obligations of the Contractor under this Paragraph 10.11 shall not extend to the liability of the Architect, his agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, re- ports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or in- structions by the Architect, his agents or employees pro- vided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 11 SUBCONTRACTS 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the site. 11.2 Unless otherwise required by the Contract Docu- ments or in the Bidding Documents, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Architect in writing the names of Subcon- tractors for each of the principal portions of the Work. The Contractor shall not employ any Subcontractor to whom the Architect or the Owner may have a reasonable objection. The Contractor shall not be required to con- tract with anyone to whom he has a reasonable objection. Contracts between the Contractor and the Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Docu- ments, and to assume toward the Contractor all the obli- gations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and the Architect, and (2) allow to the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 12 WORK BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reserves the right to perform work re- lated to the Project with his own forces, and to award separate contracts in connection with other portions of the Project or other work on the site under these or simi- lar Conditions of the Contract. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, he shall make such claim as pro- vided elsewhere in the Contract Documents. 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate his Work with theirs as required by the Contract Docu- ments. AIA DOCUMENT A107 • ABBREVIATED OWNER - CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA• 5 A107 -1978 (0 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N,W„ WASHINGTON, D.C. 30306 12.3 Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 All claims or disputes between the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach thereof shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree other- wise. Notice of the demand for arbitration shall be filed in writing with the other party to the Owner - Contractor Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dis- pute has arisen. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having juris- diction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any person or entity not a party to the agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbi- tration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial, and (4) such per- son or entity is not the Architect or any of his employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforce - • able under the prevailing arbitration law. • ARTICLE 14 TIME 14.1 All time limits stated in the Contract Documents are of the essence of the Contract. The Contractor shall expedite the Work and achieve Substantial Completion within the Contract Time. 14.2 The Date of Substantial Completion of the Work is the date certified by the Architect when construction is . sufficiently complete so that the Owner can occupy or utilize the Work for the use for which it is intended. 14.3 If the Contractor is delayed at any time in the progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Con- tractor's control, or by any other cause which the Archi- tect determines may justify the delay, then the Contract Time shall be extended by Change Order for such reason- able time as the Architect may determine. ARTICLE 15 PAYMENTS AND COMPLETION 15.1 Payments shall be made as provided in Article 4 and Article 5 of this Agreement. 15.2 Payments may be withheld on account of (1) defec- tive work not remedied, (2) claims filed, (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment, (4) damage to the Owner or another contractor, or (5) persistent failure to carry out the Work in accordance with the Contract Documents. 15.3 When the Architect agrees that the Work is sub- stantially complete, he will issue a Certificate of Substan- tial Completion. 15.4 Final payment shall not be due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner indemnifying him against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 15.5 The making of final payments shall constitute a waiver of all claims by the Owner except those arising from (1) unsettled liens, (2) faulty or defective Work ap- pearing after Substantial Completion, (3) failure of the Work to comply with the requirements of the Contract Documents, or (4) terms of any special warranties re- quired by the Contract Documents. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to (1) all employees on the Work and other persons who may be affected thereby, (2) all the Work and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. He shall give all notices and comply with all applicable laws, ordi- nances, rules, regulations and orders of any public author- ity bearing on the safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy all damage or loss to any property caused in whole or in part by the Contractor, any Sub- contractor, any Sub- subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, except damage or loss attributable to the acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them or by anyone for whose acts either of them may be liable, and not attributable to the fault or negli- gence of the Contractor. The foregoing obligations of the Contractor are in addition to his obligations under Para- graph 10.11. ARTICLE 17 INSURANCE 17.1 Contractor's liability insurance shall be purchased AEA DOCUMENT A107 • ABBREVIATED OWNER - CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1975 • AIM 0 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107 -1978 6 and maintained by the Contractor to protect him from claims under workers' or workmen's compensation acts and other employee benefit acts, claims for damages be- cause of bodily injury, including death, and from claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations under this Contract, whether such operations be by himself or by any Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than any limits of liability specified in the Contract Documents, or required by law, whichever is the greater, and shall include contractual liability insurance applicable to the Contractor's obliga- tions under Paragraph 10.11. Certificates of such insur- ance shall be filed with the Owner prior to the com- mencement of the Work. 17.2 The Owner shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may maintain such insurance as will protect him against claims which may arise from operations under the Con- tract. 17.3 Unless otherwise provided, the Owner shall pur- chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub- subcontractors in the Work and shall insure against the perils of fire and ex- tended coverage and shall include "all risk" insurance for physical loss or damage including, without duplication of coverage, theft, vandalism, and malicious mischief. 17.4 Any loss insured under Paragraph 17.3 is to be ad- justed with the Owner and made payable to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any mortgagee clause. 17.5 The Owner shall file a copy of all policies with the Contractor before an exposure to loss may occur. 17.6 The Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Article or any other property insurance applicable to the Work, except such rights as they may have to the pro- ceeds of such insurance held by the Owner as trustee. The Contractor shall require similar waivers in favor of the Owner and the Contractor by Subcontractors and Sub - subco ARTICLE 18 CHANGES IN THE WORK 18.1 The Owner, without invalidating the Contract, may order Changes in the Work consisting of additions, dele- tions, or modifications, the Contract Sum and the Con- tract Time being adjusted accordingly. All such changes in the Work shall be authorized by written Change Order signed by the Owner and the Architect. 18.2 The Contract Sum and the Contract Time may be changed only by Change Order, 18.3 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement. ARTICLE 19 CORRECTION OF WORK 19.1 The Contractor shall promptly correct any Work rejected by the Architect as defective or as failing to con- form to the Contract Documents whether observed before or after Substantial Completion and whether or not fabri- cated, installed or completed, and shall correct any Work found to be defective or nonconforming within a period of one year from the Date of Substantial Completion of the Contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents. The provisions of this Article 19 apply to Work done by Sub- contractors as well as to Work done by direct employees of the Contractor. ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 If the Architect fails to issue a Certificate for Pay- ment for a period of thirty days through no fault of the Contractor, or if the Owner fails to make payment thereon for a period of thirty days, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, and construction equipment and machinery, includ- ing reasonable profit and damages applicable to the Project. 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner, after seven days' written notice to the Contractor and without prejudice to any other remedy he may have, may make good such deficiencies and may deduct the cost thereof including compensation for the Architect's additional services made necessary thereby, from the payment then or thereafter due the Contractor or, at his option, and upon certification by the Architect that sufficient cause exists to justify such action, may terminate the Contract and take possession of the site and of all materials, equipment, tools, and construc- tion equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner. AIA DOCUMENT A187 • A88REVIATED OWNER - CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA• 7 A107 - 1978 ID 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W. , WASHINGTON, D.C. 20006 • ARTICLE 21 OTHER CONDITIONS OR PROVISIONS The fnllnw' ms eve been deleted from the work required at Memorial Park. 1. All w . ,:, of Brushy Creek. 2. Pill work w •,- e eastern IH -35 Right of Way line (those irrigation sections w ' 1 ves labeled V-4, V-5, V -6, V -7, V-8 and V -9. Three irrigation h- -•� . +•ns V-4 and V -5 shall be added to section V -3. Section val -4A), •n V -3 shan be changed from 1 1/2" to 2" with appropriate in section pipe sizing.) 3. Irrigation sections v-1, • -2, V ' and the existing irrigation sections south of Brushy Creek wired to the existing irrigation controller. New controller is 1: ed under this contract This Agreement entered into as of the clay and year first written above. OWNER C / 41-- Round Rock, Texas 78664 Austin, Texas 78758 The City of Round Rock Spri er Company of Austin 214 E. Main St. 9709 Beck Circle r MA DOCUMENT A107 • ABBREVIATED OIVNER•CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIM Co 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107 -1978 8 THE AMERICAN INSTITUTE OF ARCHITECTS A!A Document A107 Abbreviated Form of Agreement Between Owner and Contractor For CONSTRUCTION PROJECTS OF LIMITED SCOPE where the Basis of Payment is a STIPULATED SUM 1978 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 15 ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION This document includes abbreviated General Conditions and should not be used with other General Conditions. It has been approved and endorsed by The Associated General Contractors of America. AGREEMENT made as of the Twenty— seventh day of May in the year of Nineteen Hundred and Eight —Six BETWEEN the Owner: The City of Round Rock 214 E. Main St.. Round Rock, Texas 78664 and the Contractor: Hall Sprinkler Company of Austin 9709 Beck Circle Austin, Texas 78758 the Project: Automatic Underground Irrigation System Buck Egger Park, Kinningham Park, Somerset Park and Greenhills Park, Round Rock, Texas the Architect: The David Bost Group P 0 Box 892 Round Rock, Texas 78680 The Owner and the Contractor agree as set forth below. Copyright 1936, 1951, 1958, 1961, 1963, 1966, 1974, ® 1978 by the Amerian 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 States and will be subject to legal prosecution. AIA DOCUMENT A107 • ABBREVIATED OWNER.CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • ALAN 0 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 2006 A107 -1978 1 ARTICLE 1 THE WORK 1.1 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.) Installing a complete automatic underground irrigation system, including the furnishing of all labor, equipment, appliances and materials and performing of all operations in connection with the construction of the irrigation system. ARTICLE 2 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The Work to be performed under this Contract shall be commenced within five (5) days of execution f ontr c { and, subject to aut a s, Substantial Completion shall be achieved not later than (Here insert any special provisions for liquidated damages relating to failure to complete on time.) Sixty calendar days after commencement. ARTICLE 3 CONTRACT SUM 3.1 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 Thirty— One Thousand and Four Dollars and 00 /100. ($31,004.00) 3.2 The Contract Sum is determined as follows: Mate here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.] Lump Sum AIA DOCUMENT A107 • ABBREVIATED OWNER - CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIAS ® 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A1D7 -1978 2 ARTICLE 4 PROGRESS PAYMENTS 4.1 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 Con- tractor as provided in the Contract Documents for the period ending the las t day of the month as follows: (Here insert payment procedures and provision for retainage, if any.) Contractor's Application for Payment and Landscape Architect's 'Certificate for payment are submitted by City Staff for City Council approval at the first Council meeting of the month, normally scheduled for the second Thursday of the month. Appli- cation for Payment must be submitted to the Landscape Architect at least two weeks prior to date of Council meeting. Ten Percent (10 %) retainage shall be held by the Owner until final payment is made, as per Article 5 herein. 4.2 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 regufations al the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision_ Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosure or waivers.) ARTICLE 5 FINAL PAYMENT 5.1 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 6 ENUMERATION OF CONTRACT DOCUMENTS 6.1 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 7 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions of 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.) Irrigation Plan Sheet Dated Somerset Park 4 -1 -87 j nhi11s Park 387 Buck Egger Park 3 -31 -87 Kinningham Park Revised 4 -9 -87 Conditions (General and Supplementary General), Specifications, Addenda and other requirements given in the Project Manual for the project. AIA DOCUMENT A107 • ABBREVIATED OWNER - CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIAa ® 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1733 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 28006 A107 -1978 3 GENERAL CONDITIONS ARTICLE 7 CONTRACT DOCUMENTS 7.1 The Contract Documents consist of this Agreement with General Conditions, Supplementary and other Condi- tions, the Drawings, the Specifications, all Addenda issued prior to the execution of this Agreement, and all Modifi- cations issued by the Architect after execution of the Contract such as Change Orders, written interpretations and written orders for minor changes in the Work. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work. The Contract Documents are complementary, and what is required by any one shall be as binding as if re- quired by all. Work not covered in the Contract Docu- ments will not be required unless it is consistent therewith and reasonably inferable therefrom as being necessary to produce the intended results. 7.2 Nothing contained in the Contract Documents shall create any contractual relationship between the Owner or the Architect and any Subcontractor or Sub- subcontractor. 7.3 By executing the Contract, the Contractor represents that he has visited the site and familiarized himself with the local conditions under which the Work is to be performed. 7.4 The Work comprises the completed construction re- quired by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction. ARTICLE 8 ARCHITECT 8.1 The Architect will provide administration of the Con- tract and will be the Owner's representative during con- struction and until final payment is due. 8.2 The Architect shall at all times have access to the Work wherever it is in preparation and progress. 8.3 The Architect will visit the site at intervals appropri- ate to the stage of construction to familiarize himself gen- erally with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect will not be required to make exhaustive or continu- ous on -site inspections to check the quality or quantity of the Work. On the basis of his on -site observations as art architect, he will keep the Owner informed of the prog- ress of the Work; and will endeavor to guard the Owner against defects and deficiencies in the Work of the Con- tractor. The Architect will not have control or charge of and will not be responsible for construction means, meth- ods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and he will not be responsible for the Contractor's failure to carry out the Work in accordance with the Contract Documents. 8.4 Based on the Architect's observations and an evalua- tion of the Contractor's Applications for Payment, the Architect will determine the amounts owing to the Con- tractor and will issue Certificates for Payment in accord- ance with Article 15. 8.5 The Architect will be the interpreter of the require- ments of the Contract Documents. He will make decisions on all claims, disputes or other matters in question be- tween the Contractor and the Owner, but he will not be liable for the results of any interpretation or decision ren- dered in good faith. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. All other decisions of the Architect, except those which have been waived by the making or acceptance of final payment, shall be sub- ject to arbitration upon the written demand of either party. 8.6 The Architect will have authority to reject Work which does not conform to the Contract Documents. 8.7 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for conformance with the design concept of the Work and with the information given in the Contract Documents. ARTICLE 9 OWNER 9.1 The Owner shall furnish all surveys and a legal de- scription of the site. 9.2 Except as provided in Paragraph 10.5, the Owner shall secure and pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. 9.3 The Owner shall forward all instructions to the Con- tractor through the Architect. 9.4 If the Contractor fails to correct defective Work or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner, by a written order, may order the Contractor to stop the Work, or any por- tion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Con- tractor or any other person or entity. ARTICLE 10 CONTRACTOR 10.1 The Contractor shall supervise and direct the Work, using his best skill and attention and he shall be solely responsible for all construction means, methods, tech- niques, sequences and procedures and for coordinating all portions of the Work under the Contract. 10.2 Unless otherwise specifically provided in the Con- tract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equip- ment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper AIA DOCUMENT A107 • ABBREVIATED OWNER - CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA• ® 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1731 NEW 50Rx AVENUE, N.W., WASHINGTON, D.C. 20006 A107 -1978 4 execution and completion of the Work, whether tempo- rary or permanent and whether or not incorporated or to be incorporated in the Work. 10.3 The Contractor shall at all times enforce strict dis- cipline and good order among his employees and shall not employ an the Work any unfit person or anyone not skilled in the task assigned to him. 10.4 The Contractor warrants to the Owner and the Architect that all materials and equipment incorporated in the Work will be new unless otherwise specified, and that all Work will be of good quality, free from faults and defects and in conformance with the Contract Documents. All Work not conforming to these requirements may be considered defective. 10.5 Unless otherwise provided in the Contract Docu- ments, the Contractor shall pay all sales, consumer, use and other similar taxes which are legally enacted at the time bids are received, and shall secure and pay for the building permit land for all other permits and govern- mental fees, licenses and inspections necessary for the proper execution and completion of the Work. 10.6 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, and lawful orders of any public authority bearing on the performance of the Work, and shall promptly notify the Architect if the Drawings and Specifications are at variance therewith. 10.7 The Contractor shall be responsible to the Owner for the acts and omissions of his employees, Subcontrac- tors and their agents and employees, and other persons performing any of the Work under a contract with the Contractor. 10.8 The Contractor shall review, approve and submit all Shop Drawings, Product Data and Samples required by the Contract Documents. The Work shall be in accord- ance with approved submittals. 10.9 The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish caused by his operations. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as his tools, construction equipment, machinery and surplus materials. 10.10 The Contractor shall pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof. 10.11 To the fullest extent permitted by law, the Con- tractor shall indemnify and hold harmless the Owner and the Architect and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising out of or result- ing from the performance of the Work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work it- self) including the loss of use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this Paragraph 10.11. In any and all claims against the Owner or the Architect or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indi- rectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation under this Paragraph 10.11 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers' or workmen's com- pensation acts, disability benefit acts or other employee benefit acts. The obligations of the Contractor under this Paragraph 10.11 shall not extend to the liability of the Architect, his agents or employees, arising out of (1) the preparation or approval of maps, drawings, opinions, re- ports, surveys, change orders, designs or specifications, or (2) the giving of or the failure to give directions or in- structions by the Architect, his agents or employees pro- vided such giving or failure to give is the primary cause of the injury or damage. ARTICLE 11 SUBCONTRACTS 11.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the site. 11.2 Unless otherwise required by the Contract Docu- ments or in the Bidding Documents, the Contractor, as soon as practicable after the award of the Contract, shall furnish to the Architect in writing the names of Subcon- tractors for each of the principal portions of the Work. The Contractor shall not employ any Subcontractor to whom the Architect or the Owner may have a reasonable objection. The Contractor shall riot be required to con- tract with anyone to whom he has a reasonable objection. Contracts between the Contractor and the Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Docu- ments, and to assume toward the Contractor all the obli- gations and responsibilities which the Contractor, by these Documents, assumes toward the Owner and the Architect, and (2) allow to the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 12 WORK BY OWNER OR BY SEPARATE CONTRACTORS 12.1 The Owner reserves the right to perform work re- lated to the Project with his own forces, and to award separate contracts in connection with other portions of the Project or other work on the site under these or simi- lar Conditions of the Contract. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, he shall make such claim as pro- vided elsewhere in the Contract Documents. 12.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate his Work with theirs as required by the Contract Docu- ments. AIA DOCUMENT A107 • ABBREVIATED OWNER - CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1918 • AIM 5 A107 -1978 ® 1918 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 12.3 Any costs caused by defective or ill -timed work shall be borne by the party responsible therefor. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 The Contract shall be governed by the law of the place where the Project is located. 13.2 All claims or disputes between the Contractor and the Owner arising out of, or relating to, the Contract Documents or the breach thereof shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree other- wise. Notice of the demand for arbitration shall be filed in writing with the other party to the Owner- Contractor Agreement and with the American Arbitration Association and shall be made within a reasonable time after the dis- pute has arisen. The award rendered by the arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having juris- diction thereof. Except by written consent of the person or entity sought to be joined, no arbitration arising out of or relating to the Contract Documents shall include, by consolidation, joinder or in any other manner, any person or entity not a party to the agreement under which such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbi- tration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial, and (4) such per- son or entity is not the Architect or any of his employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforce - • able under the prevailing arbitration law. ARTICLE 14 TIME 14.1 All time limits stated in the Contract Documents are of the essence of the Contract. The Contractor shall expedite the Work and achieve Substantial Completion within the Contract Time. 14.2 The Date of Substantial Completion of the Work is the date certified by the Architect when construction is sufficiently complete so that the Owner can occupy or utilize the Work for the use for which it is intended. 14.3 If the Contractor is delayed at any time in the progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in transportation, adverse weather conditions not reasonably anticipatable, unavoidable casualties, or any causes beyond the Con- tractor's control, or by any other cause which the Archi- tect determines may justify the delay, then the Contract Time shall be extended by Change Order for such reason- able time as the Architect may determine. ARTICLE 15 PAYMENTS AND COMPLETION 15.1 Payments shall be made as provided in Article 4 and Article 5 of this Agreement. 15.2 Payments may be withheld on account of (1) defec- tive work not remedied, (2) claims filed, (3) failure of the Contractor to make payments properly to Subcontractors or for labor, materials, or equipment, (4) damage to the Owner or another contractor, or (5) persistent failure to carry out the Work in accordance with the Contract Documents. 15.3 When the Architect agrees that the Work is sub- stantially complete, he will issue a Certificate of Substan- tial Completion. 15.4 Final payment shall not be due until the Contractor has delivered to the Owner a complete release of all liens arising out of this Contract or receipts in full covering all labor, materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner indemnifying him against any lien. If any lien remains unsatisfied after all payments are made, the Contractor shall refund to the Owner all moneys the latter may be compelled to pay in discharging such lien, including all costs and reasonable attorneys' fees. 15.5 The making of final payments shall constitute a waiver of all claims by the Owner except those arising from (1) unsettled liens, (2) faulty or defective Work ap- pearing after Substantial Completion, (3) failure of the Work to comply with the requirements of the Contract Documents, or (4) terms of any special warranties re- quired by the Contract Documents. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and identified by the Contractor as unsettled at the time of the final Application for Payment. ARTICLE 16 PROTECTION OF PERSONS AND PROPERTY 16.1 The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work. He shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to (1) all employees on the Work and other persons who may be affected thereby, (2) all the Work and all materials and equipment to be incorporated therein, and (3) other property at the site or adjacent thereto. He shall give all notices and comply with all applicable laws, ordi- nances, rules, regulations and orders of any public author- ity bearing on the safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy all damage or loss to any property caused in whole or in part by the Contractor, any Sub- contractor, any Sub- subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, except damage or loss attributable to the acts or omissions of the Owner or Architect or anyone directly or indirectly employed by either of them or by anyone for whose acts either of them may be liable, and not attributable to the fault or negli- gence of the Contractor. The foregoing obligations of the Contractor are in addition to his obligations under Para- graph 10.11. ARTICLE 17 INSURANCE 17.1 Contractor's liability insurance shall be purchased AIA DOCUMENT A107 • ABBREVIATED OWNER - CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIM. ® 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 200% A107 -1978 6 and maintained by the Contractor to protect him from claims under workers' or workmen's compensation acts and other employee benefit acts, claims for damages be- cause of bodily injury, including death, and from claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations under this Contract, whether such operations be by himself or by any Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than any limits of liability specified in the Contract Documents, or required by law, whichever is the greater, and shall include contractual liability insurance applicable to the Contractor's obliga- tions under Paragraph 10.11. Certificates of such insur- ance shall be filed with the Owner prior to the com- mencement of the Work. 17.2 The Owner shall be responsible for purchasing and maintaining his own liability insurance and, at his option, may maintain such insurance as will protect him against claims which may arise from operations under the Con- tract. 17.3 Unless otherwise provided, the Owner shall pur- chase and maintain property insurance upon the entire Work at the site to the full insurable value thereof. This insurance shall include the interests of the Owner, the Contractor, Subcontractors and Sub - subcontractors in the Work and shall insure against the perils of fire and ex- tended coverage and shall include all risk" insurance for physical loss or damage including, without duplication of coverage, theft, vandalism, and malicious mischief. 17.4 Any loss insured under Paragraph 17.3 is to be ad- justed with the Owner and made payable to the Owner as trustee for the insureds, as their interests may appear, subject to the requirements of any mortgagee clause. 17.5 The Owner shall file a copy of all policies with the Contractor before an exposure to loss may occur. 17.6 The Owner and Contractor waive all rights against each other for damages caused by fire or other perils to the extent covered by insurance obtained pursuant to this Article or any other property insurance applicable to the Work, except such rights as they may have to the pro- ceeds of such insurance held by the Owner as trustee. The Contractor shall require similar waivers in favor of the Owner and the Contractor by Subcontractors and Sub - subcontractors. ARTICLE 18 CHANGES IN THE WORK 18.1 The Owner, without invalidating the Contract, may order Changes in the Work consisting of additions, dele- tions, or modifications, the Contract Sum and the Con- tract Time being adjusted accordingly. All such changes in the Work shall be authorized by written Change Order signed by the Owner and the Architect. 18.2 The Contract Sum and the Contract Time may be changed only by Change Order. 18.3 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement. ARTICLE 19 CORRECTION OF WORK 19.1 The Contractor shall promptly correct any Work rejected by the Architect as defective or as failing to con- form to the Contract Documents whether observed before or after Substantial Completion and whether or not fabri- cated, installed or completed, and shall correct any Work found to be defective or nonconforming within a period of one year from the Date of Substantial Completion of the Contract or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents. The provisions of this Article 19 apply to Work done by Sub- contractors as well as to Work done by direct employees of the Contractor. ARTICLE 20 TERMINATION OF THE CONTRACT 20.1 If the Architect fails to issue a Certificate for Pay- ment for a period of thirty days through no fault of the Contractor, or if the Owner fails to make payment thereon for a period of thirty days, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for all Work executed and for any proven loss sustained upon any materials, equipment, tools, and construction equipment and machinery, includ- ing reasonable profit and damages applicable to the Project. 20.2 If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner, after seven days' written notice to the Contractor and without prejudice to any other remedy he may have, may make good such deficiencies and may deduct the cost thereof including compensation for the Architect's additional services made necessary thereby, from the payment then or thereafter due the Contractor or, at his option, and upon certification by the Architect that sufficient cause exists to justify such action, may terminate the Contract and take possession of the site and of all materials, equipment, tools, and construc- tion equipment and machinery thereon owned by the Contractor and may finish the Work by whatever method he may deem expedient, and if the unpaid balance of the Contract Sum exceeds the expense of finishing the Work, such excess shall be paid to the Contractor, but if such expense exceeds such unpaid balance, the Contractor shall pay the difference to the Owner. ALA DOCUMENT A107 • ABBREVIATED OWNER•CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA& 7 A107 -1978 ® 1978 • THE AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARTICLE 21 OTHER CONDITIONS OR PROVISIONS The fallowing ' been deleted from the work required at Memorial Park. 1. All work of Brushy Creek. 2. All work w e eastern IH -35 Right of Way line (those irrigation sections with v - •- =• V-4, V -5, V-6, V -7, V-8 and V-9. Three irrigation heads : ".m sections V-4 and V-5 shall be added to section V -3. Section valv for section V -3 shall be changed from 1 1/2" to 2" with appropriate m... - .ns in section pipe sizing.) 3. Irrigation sections V -1, south of Brushy Creek controller. New controller is n and the existing irrigation sections wired to the existing irrigation under this contract. This Agreement entered into as of the day and year first written abo OWNER CO RA %P The City of Round Rock a Sprink er Company of Austin 214 E. Main St. 9709 Beck Circle Round Rock, Texas 78664 Austin, Texas 78758 A14 DOCUMENT 4107 • ABBREVIATED OWNER.CONTRACTOR AGREEMENT • EIGHTH EDITION • APRIL 1978 • AIA. Q 1978 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A107 - 1978 8 lowest and best bid; and RESOLUTION NO. /1003/e, WHEREAS, the City has duly advertised for bids for the installation of sprinkler systems in various City of Round Rock parks, and WHEREAS, Hall Sprinkler Co. submitted the WHEREAS, the Council wishes to accept the bid of Hall Sprinkler Co. , and to authorize the execution of the necessary documents, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of Hall Sprinkler Co. is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to enter into an agreement with Hall Sprinkler Co. for the installation of sprinkler systems in various City of Round Rock parks. EST: nne Land, ity Secretary MIKE ROBINSON, Mayor City of Round Rock, Texas LAWNS fr HALL SPRINKLER COMPANY The Davtd Boot Gnoup P. 0. Box 892 Round Rock, Texas 78680 Gentlemen, SR /nh ESTATES * GOLF COURSES Apn.it 30, 1987 Re: Buck Eggeh Pank, Ktnningham Pank, Somen4et Pahk, Memontat Pcuck, Gneen- htt24 Pcutk Encto4ed you wL& Aind a tt4t o{y job ne4ehenee4 4tmttah to coat value ob the4e job's which we cute bidding. Nonwood Pahk, Evehgneen Land4cape, Inc. - Je,q Lennon Bank o{y the Httta, Roblin on Btothen4 Landscaping, Inc. - Mike Robinson we&tech 360, Hou Land4cape Sy 'stems, Inc. Benny Cheek Countty Ctub, Greaten Texas Landscapes, Inc. The Anbonetum, Tnammett Cnow Amonnon Park, Thammett Chow Vat's Pnopentte's - George Gu&tek Pahken 8 Rogena Conhthuctton Company - Ray RogJ 4 any Uunthex .inAonmat-ion is needed, please beet 4nee to contact me at 835 -4803. Thank you. Steve Rokovteh De4tgn /Sa- e4 835 -4803 9709 BECK CIRCLE AUSTIN, TEXAS 78758 LAWNS fr ESTATES tr GOLF COURSES HALL SPRINKLER COMPANY The David Boht Group P. 0. Box 892 Round Rock, Texas 78680 Gentlemen, SR /ns Apn-i2 30, 1987 Re: Buck Eggek Park, K-inn- Ingham Pank, SomeA4et Patk, Memon.iaP Pawk, Gneen- h..ttA PaAk Hatt Spa.ink2uc Company agneeh that 26 the contract iA awarded to uh that we w.i22 pnov.ide to the City o4 Round Rock a 100% Peg oxmance Bond to coven the amount o6 wank awarded to us. Thep e will be no hubcon Aactonh on the job. Thank you jon th- opportunity o bidding these jobs. Steve Rok v-ieh Design /Sales 835 -4803 9709 BECK CIRCLE AUSTIN, TEXAS 78758 The City of Round Rock 214 East Main Street Round Rock, Texas 78664 RE: Irrigation Bid Buck Egger Park, Kinningham Park, Somerset Park, Memorial Park, Greenhills Park. Dear Sirs: Aprik 30, 1987 B Z D FORM (LUMP SUM) The undersigned, in compliance with your invitation for bids and having carefully examined the specifications, drawings, and related documents entitled: Buck Egger Park Irrigation Plan, Somerset Park Irrigation Plan, Memorial Park Irrigation Plan and Greenhills Park Irrigation Plan 1 as prepared by The David Bost Group, P.O. Box 892, Round ROCK, Texas 78680, a,cd also having carefully examined the specifications, drawings and related documents entitled Kinningham Recreation Center Irrigation Plans as prepared by Submatic Irrigation, as well as the site of the proposed work and being familiar with all of the conditions surrounding the proposed work, hereby proposes to furnish all labor, materials, permits, machinery, tools, and supplies necessary to complete the work as described in specifications, drawings, and related documents named herein and within the time set forth herein for the lump sum price of: Five Thouaand Three Hundred 1. Buck Egger Park and Won't! Dry, Dollars ($ 5,391.00 ) Calendar days required f or substantial completion 1 Day4 Eight Thou4and Four Hwidttd 2. Somerset Park and Fi,(tu Five Dollars ($ 8,455.00 ) Calendar days required for substantial completion 10 Day4 Twave Thowsand Seven Hundred 3. Memorial Park and Seventu Dollars ($12,770.00 ) Calendar days required for substantial completion15 Day's Three Thocaand Two Hundred 4. Greenhills Park and Ninetu Fowc Dollars ($ 3,294.00 ) Callendar days required for substantial completion 4 Day's BID FORM 00007 -1 Th-f teen Thouaand Fight Hundred 5. Kinningham Park and Sixty Fowc Dollars ($ 13,864.00 ) Calendar days required for substantial completion 20 Days The Owner reserves the right to select separate contractors for each or the above park irrigation systems or one single contractor for all five park irrigation systems. 6. Installation of automatic underground irrigation systems at Buck Egger Park, Som rse Par M i a l � ppa kpp Greenhills Park and Kinningham Park Nty iit$� avuf even Huvue D ollars ($ 43,774.00) Calendar days required for substantial completion 60 Day3 * NOTE: Work included in this proposal is tax exempt. Required general information to be included with bid: 1. List of subcontractors, their addresses and telephone numbers, and locations of jobs done, shall be furnished for the landscape Architect's approval. 2. Agreement to provide a 100% performance bond upon award of contract. 3. List of references. Should the undersigned be notified of the acceptance of this proposal within thirty (30) days after the time set for the opening of bids, he agrees to execute a contract for the above work, for the above compen- sation in the form of the Standard Agreement (copy bound herein). Hall S. tnf2Qeh Com.' 8131 N. Lomax $bd. Awstin, Texas 78753 Respectfully submitted, Fi �jn _ Business Address leve ovtc BID FORM 00007 -2 512 - 835 -4803 Business Phone Number DATE: May 26, 1987 SUBJECT: Council Agenda, May 28, 1987 ITEM: 13D - Consider a resolution authorizing the Mayor to enter into a contract for certain sprinkler systems in city parks. Six Has were received for the installation of irrigation systems for Buck Egger Park, Kinningham Park, Somerset Park, Round Rock Memorial Park and Greenhill Park. Simmons $55,976.00 60 days Living Arts $47,300.00 90 days Westside Service $46,437.00 50 days Sprinkler King $45,851.00 61 days Key Sprinkler Co. $44,000.00 45 days Hall Sprinkler Co. $43,774.00 60 days Staff recommends that the low bidder, Hall Sprinkler Company, be awarded the bid in the amount of $35,949.00. The scope of the project was reduced to coincide with available funds.