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R-88-1107 - 4/14/19881. CALL TO ORDER - 6:00 P.M. 2. ROLL CALL CITY OF ROUND ROCK, TEXAS CITY COUNCIL MEETING THURSDAY, APRIL 14, 1988, 6:00 P.M. CITY COUNCIL CHAMBER 221 EAST MAIN STREET COUNCILMEMBERS Mike Robinson, Mayor Trudy L. Lee, Mayor Pro -tem Glenn T. King Pete Correa Ronnie Jean Charles Culpepper AGENDA 3. WORK SESSION: A. Consider a presentation of the 1988 Chamber of Commerce Tourism Budget by the Chamber Tourism Committee. B. Consider an update concerning future water. C. Consider discussion of Federal regulations requiring public notification of lean- contained in drinking water. D. Consider a presentation regarding 1988 amendments to the Southern Standard Building Code. E. Committee Reports. F. City Manager's Report. G. Council Comments. 4. CALL REGULAR SESSION TO ORDER - 7:00 P.M. 5. ROLL CALL 6. APPROVAL OF MINUTES: Regular Meeting of March 24, 1988.and Special Called Meeting of April 8, 1988. 7. CITIZENS COMMUNICATIONS: A. Dave Tabor - Cablevision. 8. PROCLAMATIONS: A. Consider a proclamation proclaiming April 17 - 23, 1988 as Sertoma Week. B. Consider a proclamation proclaiming April 17 - 24, 1988 as National Volunteer Week. C. Consider a proclamation proclaiming April 24 - 30, 1988 as American Home Week. 9. PUBLIC HEARINGS: A. Consider public testimony concerning amending tthe Subdivision Ordinance regarding fee schedules and establishing an expiration date for plats. 10. ORDINANCES: A. Consider an ordinance amending the Traffic Code concerning speed limits on Business Loop 35 /Mays Street. (Second Reading) B. Consider an ordinance amending the Traffic Code concerning speed limits on Business Loop 35/01d Settlers Blvd. (Second Reading) C. Consider an ordinance adopting a budget for City Hall Annex funds. (First Reading) D. Consider an ordinance amending the Subdivision Ordinance regarding fee schedules and establishing an expiration date for plats. (First Reading) 11. APPOINTMENTS AGENDA April 14, 1988 Page 12. RESOLUTIONS: A. Consider a resolution authorizing the Mayor to enter into an agreement designating the official newspaper for the City of Found Rock. B. Consider a resolution authorizing the Mayor to enter into an intergovernmental agreement for partial park construction with Williamson County. Consider a resolution authorizing the Mayor to enter into a contract for various park irrigation construction. D. Consider a resolution authorizing the disbursement of Tourism funds. 13. DISBURSEMENTS: A. Consider various payments to Haynie Kallman and Gray, In B. Consider payment to River City Excavating Y< Paving, Inc. for Bowman Road Phase II Street and Drainage Improvements. C. Consider various payments to W.L. Wood for 19925 - CDBG, East Main Street/Circle Drive Improvements. D. Consider payment to Bay Maintenance Co., Inc., for Southeast Round Rock Water and Wastewater Improvements, Contract No. 1. E. Consider payment to Bay Maintenance Co., Inc., for Southeast Round Rock Water and Wastewater Improvements, Contract No. 2. F. Consider payment to Underground Utility Company for Round Rock Water Telemetry System. G. Consider final payment to Buckstaff for library furniture. H. Consider various payments to Baker Aicklen. I. Consider various payments to Espey Huston. J. Consider payment to Terra Associates for the evaluation of wastewater lines at South Park. K. Consider payment to Dipple Ulmann for engineering work on Sam Bass Road. L. Consider final payment to Parker & Rogers for McNeil Road, Phase 1. M. Consider payment to Austin Paving Company for McNeil Road, Phase 2. N. Consider payment to Jack Holt for geotechnical investigation of a 16" water line at IH35. 14. OLD BUSINESS 15. NEW BUSINESS: A. Consider reimbursement of oversize fees to Unispec Development Corporation. 16. ADJOURNMENT CERTIFICATE I certify that the above notice of Regular City Council Meeting was posted on the bulletin board at the City Hall of the City of Round Rock, Texas, on the llth day of April, 1923, at 5:00 P.M. J�i�NHE LAND, City Secretary DATE: April 11, 1988 SUBJECT: Council Agenda, April 14, 1988 ITEM: 12C Consider a resolution authorizing the Mayor to enter into a contract for various park irrigation construction. STAFF RESOURCE PERSON: SHARON PRETE STAFF RECOMMENDATION: ECONOMIC IMPACT: Approval. This is Phase III of our ongoing program to irrigate our neighborhood park system. This year Windy Terrace, Kensington Place and Rabb Park will be added to our inventory. Upon completion, 17 parks will have automatic irrigation systems. Automatic irrigation systems are the most economically efficient way to water grass and plant materials. This allows manpower dollars to be spend in more productive ways. WHEREAS, the City Council of Round Rock desires to engage the services of a professional contractor to provide irrigation installation services for the Kensington Place, Rabb Park, and Windy Terrace, parkland owned by the City WHEREAS, the City has solicited proposals from various irrigation contractors, and WHEREAS, Phoenix Construction, Inc., has submitted the most favorable proposal, and WHEREAS, the City Council desires to contract with Phoenix Construction, Inc., to provide irrigation installation services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, THAT RESOLUTION NO. The Mayor is hereby authorized and directed to execute on behalf of the City a contract to provide irrigation installation services with Phoenix Construction, Inc., a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this day of , 1988. ATTEST: JOANNE LAND, City Secretary C23RESCONIR MIKE ROBINSON, Mayor City of Round Rock, Texas BETWEEN the Owner: and the Contractor: The Project: Landscape 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 IS ENCOURAGED WITH RESPECT 70 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. AGREEMENT made as of the Twelfth (12th) day of April Hundred and Eighty —Eight (1988) The City of Round Rock 221 E. Main St. Round Rock, TX 78664 Phoenix Irrigation, Inc. 1125 —C Regal Row Austin, TX 78748 Landscape Irrigation Improvements For City Parklands City of Round Rock, Texas Belanger & Smith Associates, Inc. 712 — C West 14th St. Austin, TX 78701 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, 1979, 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 States 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 ARTICLE 2 The Contract Documents consist of this Agreement, the Conditions of the Contract (General, Supplementuy 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. THE WORK The Contractor shall perform all the Work required by the Contract Documents for Were Insert the caption descriptive or the Work as used on other Contract Documents) Irrigation systems as specified within the "Project Manual ", dated March 15, 1988, Section 02441 — Underground Irrigation System, and as per plans, Sheets 1 through 7 dated March 15, 1988, as prepared by Belanger & Smith Associates, Inc. The Unit prices provided by the contractor in his February 15, 1988 Bid Proposal for work to be added or deleted as determined by the Owner shall not be changed or withdrawn from this contract. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on or about Monday, April 18, 1988 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than rrroro w- awjpocial- pets. -r«wa, red - e,,ce,-- sFb.x>,e•ceemo.pretemccrm -1 Wednesday, May 18, 1988 MA DOCUMENT M01 • OWNER- CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIM 81977 • TIIE 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 The Contract Sum is determined as follows: (State here the base bid or other lump sum amount. accepted alternates, and ono prices, as applicable.) Base Proposals for the following parks (Reference April 11, 1988, correspondence from Phoeniz to Landscape Architect). 1. Kensington Park: Sections One and Two $12,091.00 2. Windy Terrace Park aaaitions $i :073:58 5,353.00 5,353.00 3. Rabb House 6,801.00 Total Sum for all of the above $24,245.00 Park Proposals: Twenty —four Thousand Two Hundred Forty —five and No Cents($24,245.00) ARTICLE 5 All submittals shall be notarized. 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 Last day of the month as follows: Not later than Thirty (30) 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 Zero percent ( 0 %) 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 Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to One Hundred percent ( 100 %) 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. (II not covered elsewhere In the Contract Documents, here insert any provirron for limiting or reducing the amount retained alter the Work reaches a certain stage of completion.) Certification of payment request, AIA Document G 702 and continuation sheet G703 shall be submitted to the Owner and Landscape Architect no later than the first day of each month. Contractor shall submit a separate request for payment form (0702) for each park site. Final payment and all retainage shall be due the contractor within 30 days after final acceptance of the completion of each park. Upon the completion of the last park the contractor shall submit AIA Document G702 —A, Contractor Release of Liens, and be binding of all previously completed projects. 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 05 interest agreed upon.) None (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 or the Project and elsewhere may affect the validity of this provision. Specshc legal advice should be obtained with respect to doklson, morhhrauon, or other requrements such as wntten disclosures or waivers 1 AIA DOCUMENT A101 • OWNER•CONTRACTOR AGREEMENT • ELEVENTH EDITION • MINE 1977 • AIAe 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A1O1 - 1977 3 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. 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 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.) The Irrigation Contractor shall provide as built mylar reproducibles for each irrigation system to the Landscape Architect prior to requesting Final Payment for a particular park. The Landscape Architect shall provide repro — ducibles to the Contractor to prepare as built plans. ARTICLE 6 ARTICLE 7 This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR City of Round Rork, Texas — Phoenix Irrigation, Inc. Date: Date: AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA ©1977 • THE AMERICA(` .NSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 -1977 4 March 19, 1988 • Mr. Bob Belanger Belanger and Smith Associates 712 -C West 14th Street Austin, Texas RE: Round Rock Parks - Irrigation Proposal Dear Bob: We are pleased to furnish you the accompanying information on our company which you requested. The limits of our insurance can be adjusted by our agent if the project requirements are different from our standard policy. Phoenix Irrigation is a new corporation formed by S. John Sofyanos, my father. Westside Services, of which I owned 33X, ceased business on October 28, 1987 and filed Chapter 7 bankruptcy January 7, 1988. The only obligation I have concerning Westside Services is any personal liability I incurred as a stockholder. I have no ownership of Phoenix Irrigation, but I am President of the corporation. Scott Stewart and myself have over thirty years combined experience in the irrigation field. We are aware of the quality you expect and are prepared to furnish it. We thank you for your consideration and look forward to a mutually successful project. If you need any further information, please contact me or Dave Liebich. Sincerely, John C. Sof nos Licensed Irrigator #476 JCS /vcs Enclosures MAR 2 01986 LLLL BELANGER c, SMITH ASSOCIATES 1125C REGAL ROW AUSTIN, TEXAS 78748 (512) 282 -7394 FEDERAL EXPRESS April 8, 1988 Mr. Bob Belanger c/o Phoenix Irrigation, Inc. 1125 -C Regal Row Austin, Tx 78748 Re: Round Rock Project Mr. Belanger. This letter is to confirm that Abba Indetnity Company will issue a Payment and Performance Bond for Phoenix Irrigation in an amount of approximately $28,000.00 for the City of Round Rock Project. Should you have any questions concerning this matter please feel free to contact us toll free at 1- 800-22- TEXAS. We remain. V NS:klh urs, neral Manager Abba Indemnity Company ENMITY COMPAN ABBA INDEMNITY COMPANY NOTARY PUBLIC SECTION P.O. BOX 130067 HOUSTON, TEXAS 77223 -8521 713/924 -5000 iY f( j Ti ,f,11". APR 121996l1 3ELANGER & SMITH 112130 CIA TES April 6. 1988 Mr. Bob Belanger Belanger and Smith Associates 712 -C West 14th Street Austin, Texas 78701 RE: Round Rock Parks - Irrigation Proposal Dear Bob: David C. Liebich 1125C REGAL ROW PrUcl`Jl:f IRRIGATION, INC. Per your request, we are pleased to provide you with the following references for the above project: JOB: Chemlake Golf Club CONTRACTOR: Celanese Chemical Co. AMOUNT: $12,298.00 CONTACT: Mr. Gary Burr (713)474 -6570 JOB: South Central Elementary CONTRACTOR: Silverton Construction AMOUNT: $20,904.00 CONTACT: Mr. Jim Keener 447 -3433 JOB: Rockwood Village CONTRACTOR: R.T. Mayfield Co. AMOUNT: $7,600.00 CONTACT: Mr.'Bob Kundinger 451 -0619 All of the above jobs are currently in progress, at various stages of completion. If you have any questions or need addi- tional information, please do not hesitate to call. AUSTIN, TEXAS 78748 (512) 282 -7394 TYPE OF INSURANCE POLICY NUMBER AND ISSUING COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS OF LIABILITY GENERAL LIABILITY General $500,000 Aggregate © Premises — Operations 78 PR 002 - 780 -0001 12/21/87 12/21/88 Pr. Comp. Op. Agg. $500,000 ® Products — Completed Operations tiEl Personal and Advertising Injury NATIONWIDE INSURANCE Each Occurrence $500,000 Any One Person $500,000 or Organization ® Medical Expense Any One Person $ 5,000 ® Fire Damage Legal Any One Fire $ 50,000 ® Other Liability AUTOMOBILE LIABILITY Bodily Injury OCCURRENCE 78 BA 002 - 780 -0003 12/21/87 12/21/88 (Each Person) ® Comprehensive Form NATIONWIDE INSURANCE Bodily Injury VO Owned (Each Accident) ® Hired Property Damage ® Non.Owned Bodily Injury and $500,000 Property Damage Combined EXCESS LIABILITY Bodily Injury and Occ Property Damage 0 Umbrella Form Combined Agg. III Workers' Compensation STATUTORY LIMITS Bodily Injury Each Accident and 78 WC 002- 780 -0002 12/21/87 12/21/88 by Accident $100,000 NATIONWIDE INSURANCE Bodily Injury Policy Limit by Disease $500,000 ® Employers' Liability Bodily Injury Each Employee by Disease $100,000 The Company indicated below certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate. This Certificate of Insurance does not amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy or policies numbered and described below. Certificate Holder's Name and Address: I— CITY OF ROUND ROCK PARKS & RECREATION ROUND ROCK, TX Insurance in force only for hazards indicated by X. Description of Operations /Locations/ Veh icles/Rest r ict ions/Spec ia I Items Certificate of Insurance PHOENIX IRRIGATION, INC. 1125C REGAL ROW AUSTIN, TX 78748 Date Certificate Issued 3/17 /88 Countersigned at: AUSTIN Cas 3640 (7-87) _ MAR 2 0 1986; - !ELAN 13 Insured's Name and Address: DESCRIPTIVE SCHEDULE Authorized Representative cd UhNO, ASSETS Current Assets Cash Accounts Receivable Miscellaneous Deposits Prepaid Expenses Inventory Total Current Assets Fixed Assets Furniture & Fixtures Office Equipment Vehicles Accumulated Depreciation Total Fixed Assets 'Other Assets Total Other Assets TOTAL ASSETS LIABILITIES Current Liabilities Accounts Payable - Trade A/P - Stockholders A/P - Others Sales Tax Payable Payroll Taxes Payable Total Current Liabilities Capital Capital TOTAL LIABILITIES Net Income Before Taxes Phoenix irrigation. Inc. Balance Sheet February 29, 1988 t J �1 ti MAR 2 U 1986 TIE LANGER & SMITH ASSOCIATES 20,694.37 4.925.80 446.00 3,602.02 8,078.48 703.17 1,683.90 5,014.94 - 308.42 1,643.46 50,000.00 629.19 120.18 1,162.26 1,000.00 9,714.83 Page 1 37.746.67 7,093.59 0.00 $44,840.26 53,555.09 1,000.00 $44,840.26 THAT ATTEST: E LAND, City Secretary C23RESCONIR RESOLUTION NO. //07.# WHEREAS, the City Council of Round Rock desires to engage the services of a professional contractor to provide irrigation installation services for parkland owned by the City, specifically Kensington Place, Rabb Park, and Windy Terrace Park. WHEREAS, the City has solicited proposals from various irrigation contractors, and WHEREAS, Phoenix Construction, Inc., has submitted the most favorable proposal, and WHEREAS, the City Council desires to contract with Phoenix Construction, Inc., to provide irrigation installation services, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, The Mayor is hereby authorized and directed to execute on behalf of the City a contract to provide irrigation installation services with Phoenix Construction, Inc., a copy of said contract being attached hereto and i ncorporated herein for all purposes. RESOLVED this /4 day of , 1988. 2 4-4- MIKE ROBINSON, Mayor City of Round Rock, Texas DATE: April 11, 1988 SUBJECT: Council. Agenda, April 14, 1988 ITEM: 12C Consider a resolution authorizing the Mayor to enter into a contract for various park irrigation construction. STAFF RESOURCE PERSON: SHARON PRETE STAFF RECOMMENDATION: ECONOMIC IMPACT: ApprovaL This is Phase III of our ongoing program to irrigate our neighborhood park system. This year Windy Terrace, Kensington Place and Rabb Park will be added to our inventory. Upon completion, 17 parks will have automatic irrigation systems. Automatic irrigation systems are the most economically efficient way to water grass and plant materials. This allows manpower dollars to be spend in more productive ways. March 19, 1968 ,R INC. Mr. Bob Belanger Belanger and Smith Associates 712 - C West 14th Street Austin, Texas RE: Round Rock Parks - Irrigation Proposal Dear Bob: We are pleased to furnish you the accompanying information on our company which you requested. The limits of our insurance can be adjusted by our agent if the project requirements are different from our standard policy. Phoenix Irrigation is a new corporation formed by S. John Sofyanos, my father. Westside Services, of which I owned 33 %, ceased business on October 28, 1987 and filed Chapter 7 bankruptcy January 7, 1988. The only obligation I have concerning Westside Services is any personal liability I incurred as a stockholder. I have no ownership of Phoenix Irrigation, but I am President of the corporation. Scott Stewart and myself have over thirty years combined experience in the irrigation field. We are aware of the quality you expect and are prepared to furnish it. We thank you for your consideration and look forward to a mutually successful project. If you need any further information, please contact me or Dave Liebich. Sincerely, // John C. Sof nos Licensed Irrigator #476 JCB /vcs Enclosures • MAR 2 01986 BELANGER tt SMITH ASSOCIATES Th 1125C REGAL ROW AUSTIN, TEXAS 78748 (512) 282 -7394 FEDERAL EXPRESS April 8, 1988 Mr. Bob Belanger c/o Phoenix Irrigation, Inc. 1125 -C Regal Row Austin, Tx 78748 Re: Round Rock Project Mr. Belanger: This letter is to confirm that Abba Indemnity Company will issue a Payment and Performance Bond for Phoenix Irrigation in an amount of approximately $28,000.00 for the City of Round Rock Project. Should you have any questions concerning this matter please feel free to contact us toll free at 1- 800-22- TEXAS. We remain. NS:klh y am . urs, neral Manager Abba Indemnity Company NI COMPAN a ABBA INDEMNITY COMPANY NOTARY PUBLIC SECTION P.O. BOX 130067 HOUSTON, TEXAS 77223 -8521 713/924 -5000 i t 1 _/ t4- APR 121986 BELANGER & SMITH. ASSOCIATES April 6, 1988 Dear Bob: P }l J�i`11;1 IRRIGATION, INC. Mr. Bob Belanger Belanger and Smith Associates 712 -C West 14th Street. Austin, Texas 78701 RE: Round Rock Parks - Irrigation Proposal Per your request, we are pleased to provide you with the following references for the above project: JOB: Chemlake Golf Club CONTRACTOR: Celanese Chemical Co. AMOUNT: $12,298.00 CONTACT: Mr. Gary Burr (713)474 -6570 JOB: South Central Elementary CONTRACTOR: Silverton Construction AMOUNT: $20,904.00 CONTACT: Mr. Jim Keener 447 -3433 JOB: Rockwood Village CONTRACTOR: R.T. Mayfield Co. AMOUNT: $7,600.00 CONTACT: Mr.'Bob Kundinger 451 -0619 All of the above jobs are currently in progress, at various stages of completion. If you have any questions or need addi- tional information, please do not hesitate to call. David C. Liebich 732,LANGER L '. ^ ", " 1125C REGAL ROW AUSTIN, TEXAS 78748 (512) 282 -7394 TYPE OF INSURANCE POLICY NUMBER AND ISSUING COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE LIMITS OF LIABILITY GENERAL LIABILITY General $500,000 Aggregate E Premises — Operations 78 PR 002- 780 -0001 12/21/87 12/21/88 Pr. Comp. Op Agg $500,000 5C7 Products — Completed Operations NATIONWIDE INSURANCE Each Occurrence $500,000 ® Personal and Advertising Injury Any One Person $500,000 or Organization E Medical Expense Any One Person $ 5,000 E Fire Damage Legal Any One Fire $ 50,000 E Other Liability AUTOMOBILE LIABILITY Bodily Injury OCCURRENCE ® Comprehensive Form 78 BA 002- 780 -0003 12/21/87 12/21/88 (Each Person) Bodily Injury It l Owned NATIONWIDE INSURANCE (Each Accident) ® Hired Property Damage ® Non•Owned Bodily Injury and $500,000 Property Damage Combined EXCESS LIABILITY Bodily Injury and Occ. Property Damage 111 Umbrella Form Combined Agg E Workers' Compensation STATUTORY LIMITS Bodily Injury Each Accident and 78 WC 002 - 780 -0002 12/21/87 12/21/88 by Accident $100,000 ® Employers' Liability NATIONWIDE INSURANCE Bodily Injury Policy Limit by Disease $500,000 Bodily Injury Each Employee by Disease $100,000 Certificate of Insurance • The Company indicated below certifies that the insurance afforded by the policy or policies numbered and described below is in force as of the effective date of this certificate. This Certificate of Insurance does not amend, extend, or otherwise alter the Terms and Conditions of Insurance coverage contained in any policy or policies numbered and described below. Certificate Holder's Name and Address: r CITY OF ROUND ROCK PARKS & RECREATION ROUND ROCK, TX Insurance in force only for hazards indicated by X Description of Operations /Locations/ Vehicles /Restrictions /Special Items Date Certificate Issued 3/17/88 Countersigned at. AUSTIN Cas. 3640 0 - � w c1 ~11i ' MAR 2 01986 BELANGER E. SMITH ASSOCIATES Insured's Name and Address: PHOENIX IRRIGATION, INC. 1125C REGAL ROW AUSTIN, TX 78748 DESCRIPTIVE SCHEDULE Authorized Representative' ell ASSETS Current Assets Cash Accounts Receivable Miscellaneous Deposits Prepaid Expenses Inventory Total Current Assets Fixed Assets Furniture & Fixtures ' Office Equipment Vehicles Accumulated Depreciation Total Fixed Assets Other Assets Total Other Assets TOTAL ASSETS LIABILITIES TOTAL LIABILITIES Current Liabilities Accounts Payable - Trade A/P - Stockholders A/P - Others Sales Tax Payable Payroll Taxes Payable Total Current Liabilities' Net Income Before Taxes Phoenix Irrigation, Inc. 03058 balance Sheet Page 1 February 29, 1988 Capital Capital 1,000.00 MAR 2 0 1986 S LANGER & SMITH ASSOCIATES 20,694.37 4,925.80 446.00 3,602.02 8,078.48 703.17 1,683.90 5,014.94 - 308.42 1,643.46 50,000.00 629.19 120.18 1,162.26 9,714.83 37,746.67 7,093.59 0.00 $44,840.26 53,555.09 1,000.00 $44,840.26 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 IS 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. AGREEMENT made as of the Twelfth (12th) Hundred and Eighty —Eight (1988) BETWEEN the Owner: and the Contractor: The Project: Landscape The Architect: day of April The City of Round Rock 221 E. Main St. Round Rock, TX 78664 Phoenix Irrigation, Inc. 1125 —C Regal Row Austin, TX 78748 Landscape Irrigation Improvements For City Parklands City of Round Rock, Texas Belanger & Smith Associates, Inc. 712 - C West 14th St. Austin, TX 78701 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, m 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 States and will be subject to legal prosecution. Alp DOCUMENT A161 • OWNER - CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • Ake 01977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 -1977 1 meuck c- 41-1 Bg /O:6) a,,,_ 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 an other Contract Documents.) Irrigation systems as specified within the "Project Manual ", dated March 15, 1988, Section 02441— Underground Irrigation System, and as per plans, Sheets 1 through 7 dated March 15, 1988, as prepared by Belanger & Smith Associates, Inc. The Unit prices provided by the contractor in his February 15, 1988 Bid Proposal for work to be added or deleted as determined by the Owner shall not be changed or withdrawn from this contract. ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on or about Monday, April 18, 1988 and, subject to authorized adjustments, Substantial Completion shall be achieved not later than t o wowspoo i o s- le•- I:,w,do4, a,,agel.. - n- r„h„e•+o- -mpkr on nme-t Wednesday, May 18, 1988 MA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIAt ©1977 • TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 - 1977 2 . Base Proposals for, the following parks (Reference April 11, 1988, correspondence from Phoeniz to Landscape Architect). 1. Kensington Park: Sections One and Two $12,091.00 2. Windy Terrace Park base b i d $I'U73:0p 8 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 The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) 3. Rabb House All submittals shall be notarized. ARTICLE 4 5,353.00 5,353.00 6.801.00 Total Sum for all of the above $24,245.00 Park Proposals: Twenty —four Thousand Two Hundred Forty —five and No Cents($24,245.00) ARTICLE S 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 Est day of the month as follows: Not later than Thirty (30) 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 Zero percent ( 0 %) 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 Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to One Hundred percent ( 100 %) 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. (11 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 Certification of payment request, AIA Document G 702 and continuation sheet G703 shall be submitted to the Owner and Landscape Architect no later than the first day of each month. Contractor shall submit a separate request for payment form (G702) for each park site. Final payment and all retainage shall be due the contractor within 30 days after final acceptance of the completion of each park. Upon the completion of the last park the contractor shall submit AIA Document G702 —A, Contractor Release of Liens, and be binding of all previously completed projects. 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.) None (Usury laws and requirements under the Federal Truth in Lending Act, similar stale and local consumer credit laws and other regulations at 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 disclosures or waivers.) AIA DOCUMENT Ails • OWNER - CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA ®1977 • THE AMERICnsi INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 - 1977 3 Riv 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. 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: (fist below the Agreement, showing page or m e show] n Conditions s of t enCm6rrs t ( e n oral, Supplementary, dates and e applicable.) other Coditions), the Drawings, the Specifications, and any Addenda and accepted The Irrigation Contractor shall provide as built mylar reproducibles for each irrigation system to the Landscape Architect prior to requesting Final Payment for a particular park. The Landscape Architect shall provide repro — ducibles to the Contractor to prepare as built plans. This Agreement entered into as of the day and year first written above. OWNER CONTRACTOR City of Round Rork T� ARTICLE 6 ARTICLE 7 Phoenix Irrigation, Inc. Date: Date: r AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA® 01977 • THE AMERICAN ,NSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE, N.W., WASHINGTON, D. C. 20006 A101 -1977 4