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R-89-1268 - 4/13/1989WHEREAS, the City of Round Rock has duly advertised for bids for the construction of a concession stand /restroom /storage facility at Old Settlers Park at Palm Valley, and WHEREAS, Evergreen Construction has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Evergreen Construction, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Evergreen Construction is hereby accepted as the lowest and best bid, and the Mayor is authorized and directed to execute on behalf of the City a contract with Evergreen Construction to construct a concession stand /restroom /storage facility at Old Settlers Park at Palm Valley, a copy of said contract being attached hereto and incorporated herein for all purposes. RESOLVED this 13th day of April, 1989 ATTEST: C42RESEVERG LAND, City Secretary RESOLUTION NO. i MIKE ROBINSON, Mayor City of Round Rock, Texas 1)11) TABULATION FOR CONCESSION /REST ROOMS FOR TIIE OLD SETTLER'S 1'A110 AT I'AI.M VALLEY CITY OF ROUND ROCK, TF. %AS CITY OF' ROUND RUCK, TEXAS OPUS 3, Arch it eels ROUND ROCK, TEXAS 1110 EAST FANNIN ROUND ROCK. TEXAS (512) 255 -00110 PROJECT NUMBER: 03 -0807 CONTRACTOR BASE (1111 ITEM NUMBER 1 LL BASF: 1110 ITEM NUMBER 2 GS BASE DID ITEM NUMBER 3 PC TOTAL 11111 TIME ADDEND. NEC')!). 1)1U I10ND AUSTIN ENGINEERING CO.. INC. AUSTIN, TEXAS 235,000.00 151,000.00 170,000.00 556,000.00 210 DAYS X X B.F. McCOKMICK CONSTRUCTION GEORGETOWN, TEAS 174,748.00 107,889.00 119,550.00 402,187.00 180 DAYS X X MATH. INC. ROUND ItOCK, TEXAS 166,800.00 114,515.00 121,649.00 402,964.00 150 DAYS X X BRAUN 0 BUTLER CONSTRUCTION COMPANY AUSTIN, TEXAS 162,000.00 112,000.00 118,000.00 392,000.00 130 DAYS X ._1L DAYBREAK CONSTRUCTION BELTON. TEXAS NO BID EVERGREEN CONSTRUCTION AUSTIN, TEXAS 152,000.00 112, 000.00 113,000.00 * 377,000.00 90 DAYS X X J.C. EVANS AUSTIN, TEXAS 175,000.00 125,000.00 131,500.00 431,500.00 371,850.00 180 DAYS 130 DAYS X X CK X MONTOYA h SONS CONSTRUCTION CO., INC. AUSTIN, TEXAS 148,700.00 107,850 115,300.00 SET POINT CONSTRUCTION AUSTIN. TEXAS NO BID * $20,000.00 DEDUCT IF ALL THREE PROJECTS AWARDED TO EVERGREEN CONSTRUCTION. DATE: April 11, 1989 SUBJECT: Council Agenda, April 13, 1989 ITEM: 131. Consider a resolution authorizing the Mayor to enter into a contract for the construction of concession stand/restroon4/storage facility at Old Settlers Park at Palm Valley. RESOURCE PERSON: SHARON PRETE STAFF RECOMMENDATION: Seven bids were received and opened on April 5, 1989. The bids ranged from $357,000.00 to $556,000.00 (see attachment). Staff recommends that the Evergreen Construction bid be awarded in the amount of $357,000.00. All references have been checked and the City Attorney has reviewed the bids. ECONOMIC IMPACT: The project is within the budget. T H1 E AGREEMENT A M E R I C A N I N S T I T U T E THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. The 1987 Edition of AIA Document A201, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general Conditions unless Ibis document is modified. This document has been approved and endorsed by The Associated General Contractors of America. made as of the Nineteen Hundred and BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) The Project is: (Name and locatron) The Architect is: (Name and address) AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION day of Apr it in the year of Eighty -Nine (1989) THE. CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 EVERGREEN CONSTRUCTION COMPANY P. O. BOX 161987 AUSTIN, TEXAS 78716 -1987 Opus 3, Architects 106 East Fannin Round Rock, Texas 78664 The Owner and Contractor agree as set forth below. AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AM* • 01987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 0 F. A R C H I T E C T S gage Concession /Restrooms for The Old Settlers Park at Palm Valley Texas Local Park Fund Project no. 20 -00264 Copyright 1915, 1918, 1925, 1937, 1951. 1958, 1961,. 1963_1967,.1974, - 1977, ©1987 by Arc lm teas, 1735 New York Avenue, N.W., Washington. D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. A101.1987 1 ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: Concession, Restroom and Storage Building for Little League Fields, Girls Softball Fields and Pony Colt Field as specified in specifications prepared by Opus 3 Architects. The Base Bid proposal as well as unit prices provided by Contractor in the Bid Proposal dated 4 -5 -1989 for work shall not be changed or withdrawn from this Contract. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date fromwhich the Contract Time of Paragraph 3.2 is measured, and shall be the date of this Agreement, as first written above, unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (insert the date of commencement, if it differs from the dare of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) The Owner will issue a Notice to proceed thru the Project Manager Unless the date of commencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. 3.2 The Contractor shall achieve Substantial Completion of the entire Work not later than (Insert the calendar date or number of calendar days alter the date of commencement. Also insert any requirementsforearli ersubsranrial Completion ofcer- tain portions of the Work, if not slated elsewhere in for Contract Documents.) 90 consecutive calendar days after receipt of notice to proceed , subject to adjustments of Ibis Contract Time as provided in the Contract Documents. (insert pror rsui s. if awl'. for liquidated damages relating to f twre 10 complete tin time.) One Hundred Dollars ($100,00) per day liquidated damages for failure to complete on time. AIA DOCUMENT A101 • OWNERCONTRACTOR AGREEMENT • TWELFTH eornON • AIA. • ©1987 THE AMERICAN INSTITUTE OFARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006 A101 -1987 2 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Three- hundred - fifty -seven thousand Dollars D (5 357,000.00 - - • )*i subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (Stare the numbers or other identification of accepted alternates. If decisions on other abernales are to be made by the Owner subsequent to the execution of Ibis Agreement, attarb a schedule of such Ober alternates sbowing the amount for each and Ibe dale until winces Ibat amount is valid.) 4.3 Unit prices, if any, are as follows: Referenced attached bid proposal package prepared and submitted by the Contractor April 5, 1989. MA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA• • ®19137 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 3 ARTICLE 5 PROGRESS PAYMENTS 5.1 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 Contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for Payment shall be one calendar month ending on the Iasi day of the month, or as follows: up to and through the twenty -fifty day of the month. " Draw requests are to be presented to the Project Manager for review. Project Mgr. 5.3 Provided an Application for Payment is received by the traxittencenot later than the Twenty — fifty (25th) day of a month, the Owner shall make payment to the Contractor not later than the (f ifteenth (15th) dayofthe month. liegiiigniiiiiregiRiektftUngOtit3cregelwAttrAlblt AsetUfAetXil X.t f 564/MciN l iikni dIt 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the enure Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This Schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractors Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of Ten percent ( 10 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.7 of the General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon inwriting ), less retainage of not applicable percent ( N/A %), 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Para- graph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety - percent( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work and unsettled claims; and 5.7.2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retainage, if any, shall be as follows: ahtrO cXstf[ 4[RstmaraziworkebtiagPiettsuef76R77id ra f ��i � ��'1P�dX'ed R'3f•7pkiciiC`IWIP'seg ty Itttlr ti ii.SflC lXfaSi7s 9't X7®epi ar �!f °.fhPlL AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AM. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS. 1735 NEW YORK AVENUE, N.W., WASHINGTON. D.C. 20006 - A101 -1987 4 ARTICLE FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contra Sum, shall be made by the Owner to the Contractor when (1) the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment; and (2) a final Certificate for Payment has been issued by the Architect; such final payment shall be made by the Owner not more than 30 days after the issuance of the Architect's final Certificate for Payment, or as follows: Final Payment of the entire unpaid balance and all retainage to bring the total compensation to 100% shall be made upon the resolution of all unsettled claims, the final written recommendation by the Owners Project Manager and acceptance by Owner. A request for final payment shall be accompanied with, AIA document 0704, Certificate of Substantial completion, AIA Document G702 -A, Contractor Release of Liens. All documents shall be notarized and submitted in triplicate. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the ref- erence refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (insert rate of irtlerest agreed upon, if any,) NONE (Usury laws and requirements under the Federal Truth in Lending Act, similar stare and local consumer credit laws and other regulations at lbe Owner's and Canlraaor's principal places of bpsiness. the location of the Project and elsewhere may affect the validity of ibis provision. Legal advice should be obtained with respect to deletions or modifications- and also regarding requirements such as written disclosures or waivers., 7.3 Other provisions: NONE ARTICLE 8 TERMINATION OR SUSPENSION 8 1 The Contract may be terminated by the Owner or the Contractor as provided in - Article -4af the General Condiuons. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA• • D1987 THE AMERICAN INSTITUTE OE ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 5 ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor, AIA Docwnent A101, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, A1A Document A201, 1987 Edition. 9.1.3 The Supplementary and othcr Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Title Pages Specifications Concession /Restrooms for the Division 0 thru Old Settlers Park at Palm Valley Division 16 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Pithier list the Specifications bere or refer to an exhibit aaarbee to this Agree ent.) Section Title Pages same as above 9.1.3 AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA • 01907 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.0 20005 A10f4aa7 6 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Bitter list the Drawings berg or f to an exhibit attatbed to this Agreement.) Number Title - Date 03 -8807 Concession Stands and Restrooms 11 -15 -1988 Old Settlers Park at Palm Valley by Opus 3 Architects 9.1.6 The Addenda, if any, are as follows: Number Dat Pages One March 27, 1989 2 Two March 30,1989 3 Three April 3, 1989 2 Portions of Addenda relating to bidding requirements are not pan of the Contract Documents unless the bidding requirements are also enumerated in this Article 9. AIA DOCUMENT A101 • OWNER.CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE. N W, WASHINGTON. D.C. 20006 A101 -1987 7 9.1.7 Other documents, if any, forming pan of the Contract Documents are as follows: (Ltsr bete any additional documents which are intended to form part of the Contract Documents. 76e General CoMitwns provide roar bidding requirements such as ad enuemenr or :notation to bid Instructions ro Bidders, sample fomns and rbe Contractor's bid are not parr of rbe Contract Documents unless emamerared in this Agreement. 71s y should be listed bete only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CITx OF ROUND ROCK s •TRACTOR �. VE) }EEN CONSTRUCTION COMPANY • (Signature) (Signature) MIKE ROBINSON, MAYOR (Printed name and title) j RUSSELL W. GARNER, PRESIDENT (Printed name anti title) AIA DOCUMENT A101 • OWNER. CONTRACTOR AGREEMENT • TWELFTH EDITION • ALA. • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAV ENUE, N.W., WASHINGTON, D.C. 20006 A101 -1987 8 p Section 00300 - Bid Form - Page 1 of 5 SECTION 00300 - BID FORM Date yl5J8 Timea LOCAL TIME TO: City Of Round Rock Texas 221 Round Rock Avenue Round Rock, Texas FROM: Evergreen Construrr;nn Company. BIDDER P.O. Box 161987 ADDRESS Austin, TX 78716 -]987 CITY /STATE Operating as (strike out conditions that do not apply) mcaxdaxtAma±xxxa tycx a Corporation. organized and existing under the law of the State of Texas, acocxa mondothabuMetttulromocaonosastingxaf BASE BID: 1. Having become completely familiar with the local conditions af- fecting the cost of work at the places where work is to be execut- ed, and having carefully examined the conditions as they currently exist, and having carefully examined the proposed Contract Docu- ments prepared by OPUS 3, Architects, Round Rock, Texas. together with any addenda to such Contract Documents as listed hereinafter, the undersigned hereby proposes and agrees to provide all labor. materials, plant, equipment, transportation and other facilities as necessary and /or required to execute all of the work described by the aforesaid Contract Documents within the specified contract time, with no time extensions, as follows: BASE BID - ITEM N0. 1: for the construction of Concession Stands, Storage and Rest Rooms for the Little League Fields at Old Set- tlers Park at Palm Valley. Round Rock, Texas in compliance with, and as shown on the clans and in the specifications, fpr the sum of: �V�c( °D i 166 O j One htit n6re and }-\AA oa �'$J,6 - a boo BASE BID - ITEM N0. 2: for the construction of Concession Stands, Storage and Rest Rooms for the Girls Softball Fields at Old Set- tlers Park at Palm Valley, Round Rock, Texas in compliance with. and as shown on the plans and in the specifications, for the sum 'V of: II � I� a �� P buui1e1red IocgliOIAXcu nrl )u0) 3asebal! Concession and Rest Rooms BASE BID - ITEM NO. 3: for the construction of Concession Stands, Storage and Rest Rooms for the Pony /Colt Fields at Old Settlers Park at Palm Valley, Round Rock, Texas in compliance with, and as shown on the plans a.::d -^ the sp. °'cations, fgr 1 �e sum of: cuctc c CY e 'e>lds l -3 cedud aD,0Q ADDENDA ACKNOWLEDG ` 4- 020A © (1(65 2. The undersigned acknowledges receipt of the following addenda: (List by number and date appearing on addenda.) Addendum No. Date Addendum No. Date 1 3/27/89 3 4/3/89 UNIT PRICES 2 3/30/89 Section 00300 - aid Form - g Of 9 3. The undersigned agrees that the following unit prices will apply on any additions to or deductions from the work which prices shall include overhead, profit, taxes and all other related costs: The unit prices shall be installed, in -place prices for materials as specified. The quoted unit prices will be valid, and the quoted unit prices will be in force on any work. The materials and work shall be in compliance with the specifications: Bidders shall bid all footings as 12 inch thick spot footings. if greater thicknesses are required, the following unit price shall be used in determining the additional cost. 4—Q-� Grade Beams per lineal foot + Excavation (Dirt or Caliche) per cubic yard $ ( A� ®`'� Excavation (Rock) per cubic yard $ 10.w elOD Backfilling, per cubic yard $ Reinforcing Steel, straight or bent, per lb $ n. ?(p Structural Concrete, per cubic yard $ 5 5 C:3, 6°- 5 0, Asphaltic Paving, per square foot S 0. ' 3010 TIME OF COMPLETION 4. The undersigned agrees to complete all work under this Contract in compliance with the following stipulations: (� a. Construction work shall be completed in q l J consecutive calendar days after the receipt of notice to proceed. CHANGES IN WORK: 5. The undersigned agrees that when changes in work are ordered which involve extra cost over and above contract sum, and when such work due to an emergency is ordered to proceed on basis of cost - plus -fee, such fee shall be as required by the "General Conditions". BID GUARANTEE: Section 00300 - Sid Form - Page 3 of 5 6. Bid Guarantee in the amount of five percent (5%) of the total amount of the Bid is attached, in the sum of which is to become the property of the Owner in the event the Contract and Performance and Labor and Material Payment Bond are not executed within the time set forth, as liquidated damages for the delay and additional work caused the Owner. CONTRACT 7. The undersigned agrees that upon receipt of the notice of acceptance of his bid, he will execute the formal Contract and acknowledgment and indemnification agreement, and will deliver all required, proper bonds and proof of insurance coverage as may be required by the Contract Documents. 8. The undersigned further agrees to execute the formal Contract and acknowledgment and indemnification agreement within ten (10) days from date of notice to acceptance of this bid. and in case the undersigned fails or neglects to appear within the specified time to execute the Contract, the undersigned will be considered as having abandoned the Contract, and the Cashier's Check or Bid Bond accompanying this bid will be forfeited to the Owner by reason of such failure on the part of the undersigned. 9. The undersigned further agrees that the bid security may be retained by the Owner and that said bid guarantee shall remain with the Owner until the Contract and indemnification agreement has been signed and Perfor- mance and Labor and Material Payment Bonds have been made and delivered to the Owner GENERAL STATEMENT 10. The undersigned has checked all of the above figures, and unaerscanas that the Owner will not be responsible for any errors or omissions on Baseball Concession and Rest Rooms Section 00300 - Bid Form - Page 4 of 5 11. In submitting this bid, it is understood that the right 'is reserved by the Owner to reject any and all bids and waive all informalities in connection therewith. It is agreed that this bid may not be withdrawn for a period of sixty (60) days from the date and time of opening. 12. Wherever in this bid an amount is stated in both words and figures, in case of discrepancy between words and figures, the written words shall govern. 13. The undersigned declares that the person or persons signing this Bid Form is /are fully authorized to sign on behalf of the firm listed and to fully bind the firm listed to all the conditions and provisions thereof. 14. It is agreed that no person or persons or company other than the firm listed below or as otherwise indicated has any interest whatsoever in this bid or the Contract may be entered into as a of the bid and that in all respects the proposal is legal and firm, submitted in good faith without collusion for fraud. 15. It is agreed that the undersigned has complied or will comply with all requirements of local, state, and national laws, and that no legal requirement has been or will be violated in making or accepting this bid in awarding the contract to him and /or in the prosecution of work required. PRINCIPALS: 16. The names and addresses of all persons interested in this bid as Principals are as follows: a. If the bidder is a corporation, give legal name of corporation, State where incorporated. and names, titles, and addresses of three (3) corporate officers, including the President; if a partnership, give name of the firm and names and addresses of all of the partners; if an individual, give full name and address; if joint venture or joint association, give legal name of joint venture or joint association, names of member firms. information regarding member firms shall be provided as required above. 17. The undersigned is a business which is licensed in accordance with the requirements of the State of Texas , License number.$ /A Evergreen Construction Company is a wholly owned subsidiary of Spaw -Glass Construction Services, Inc., of San Antonio, Texas. Officers Bill Huber - President - 45 NE Loop 410, Suite 950, San Antonio, TX 78216 Russell Garner - Assistant Secretary - P.O. Box 161987, Austin, TX 78716 -1987 Hazel Johnson - 5ec :atary - 45 NE Loop 410, Suite 950, - Baseball Concession and Rest Rooms Section 00300 - Bid Form - Page 5 of 5 Respectfully Submitted, this 5th day of Apri119 89 (Firm Name) Evergreen Construrtinn .cr,,pany (Address) P.O. Box 161987, Austin. TX 7 . -1987 (Signature) (Name Typed) - 'usse11 W. Garner (Title) (SEAL IF BIDDER IS A CORPORATION) ENCLOSURES: 18. Bid Guarantee (In the form and amount specified or required). END OF SECTION X CI tit.6a5 Sc icoarcl s President Baseball Concession and Rest Rooms THE AMERICAN INSTITUTE OF ARCHITECTS KNOW ALL MEN BY THESE PRESENTS, that we Evergreen Construction Company 1101 Capital of Texas South, #F -100 Austin, Texas 78716 as Principal. hereinafter called the Principal, and Seaboard Surety Company a corporation duly organized under the laws of the State of Nev York and American Home Assurance Company, a corporation duly organized under the lave of the State of New York as Sureties, are firmly bound unto CITY OF ROUND ROCK as Obligee, hereinafter called the Obligee, in the sum of Five percent of the Greatest Amount Bid Dollars (S 57.GAB - - -- ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Baseball Concessions Round Rock, Texas NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Oocuments with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof. or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obliges may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 5TR ( fitness) - r1 AIA DOCUMENT BID BOND AIA Document A310 Bid Bond day of Nan April ) President 722E uano, " ttorney -in -Fact 19 89 A31e ems) vie w' • u . e rner EANOARD SURETY COMP B : Naar • ano, AMERICA BY y 4 Tit! I ( Tide ) SURAN COMPANY Attorney-in -Fact Ever :yl ,st•• - i " com ■Beall ;Seal) 'l =ice 5=�: •9 __ (g •I E r tkl9E(�3af9'IrMF8lr3iB _ ;--- -- _i8 *44V aa. ts.a - ae b.r _t<tlC, �. _ SET: x : tsxru».a .�..Yt'a+AniB �wm.� 'q°xmsy. 5�j��asxfacrxl. _ - - -. `mat � = Ba%7* - 4 2 - - �p+: _ $(Ksra c _- i ,«+xSii"aiiEt#- Y_{iBFB(�iT -c.- �R _ E f AIBEE ._ r ev xr: 6is4. _ } - - s Y ##K .V#07 Y 2 37tT t 01 **A t - 44~asa t r icseef f[�a34 tt���ai� - [h2+eaxeaa�R �orei €se . a = dL +sam�tEferetas3�ces�se?tg rrei;1-WM _W siswat rata! 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In New York, Dial 212- 627 -5444. 4-/A CieJ Or PRODUCER INSURED JOHNSON 8 HIGGINS OF TEXAS, INC. 333 CLAY STREET 1400 MCORP PLAZA HOUSTON, TX 77002 EVERGREEN CONSTRUCTION COMPANY P. 0. BOX 161987 AUSTIN, TX 78716 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANY `. LETTER COMPANY LETTER COMPANY E LETTER COMPANIES AFFORDING COVERAGE COMPANY A _ETTER NATIONAL UNION FIRE INSURANCE COMPANY COMPANY LETTER B TWIN CITY FIRE INSURANCE COMPANY ISSUE DATE (MM /DD/YY) 04/17/89 THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDI. TIONS OF SUCH POLICIES. GENERAL LIABILITY COMMERCIAL GENERAL _IABI_ITY GLA8170721 CLAIMS MADE X (OCCURRENCE OWN_E SE, CO M RAC(ORS PROTES SE POLICY NUMBER 608230643 (' 0' 010TVE P0010 EXPRFT ,,.T 001 IMM/D 0 ^M'1 I 0000 0 ; MMIDD/IY +I 1 01/01/89 01/01/90 01/01/89 01/01/90 0,0100. EXPENSE /100 010 PERSON: NSL BODILY 1 I 000.50 , 1; $ B[0 :LY W NJURY CCI 000115E ALL LIMITS IN THOUSANDS $ $ OCCURHE 00 $ .1GGRRGATE 2000 AUTOMOBILE LIABILITY A © ANY AUTO ALL OWNED AUTOS X SCHEDULED AUTOS X HIRED AUTOS X NON OWNED AUTOS X GARAGE _IA31LTY WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY GE 050F1 AGGREGATE P00D5070- ::OMi';UPS 4GGAEGATE PERSONAL 8 ADVERTISING INJURY E0C, OCCURRENCE F 51 DAM500 1000 ONE FIRE EXCESS LIABILITY UMBRELLA FORM OTHER OTHER THAN L'VSRELLA FORM 83HUSG5940 5108292726 01/01/89 01/01/90 01/01/89 01/01/90 STATJTORY DESCRIPTION OF OPERATIONS /LOCATIONS VEHICLES /RESTRICTIONS /SPECIAL ITEMS RE: CONCESSIONS /RESTROOMS FOR THE OLD SETTLERS PARK AT PALM VALLEY, TEXAS LOCAL PARK FUND PROJECT N0. 20 00264. 1 EACH ACCIDENT) IDISE0SE•POJ0° LIMIT) 10 -1202 EMPLOYEE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX- PIRATION DATE THEREOF, THE ISSUING COMPANY WILL XIXINKatitLX[N MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AL18840/14811DADEP .00 ra... f J IIRJACORD CORPORATION COVERAGES 00 LTR 1 1 CERTIFICATE HOLDER ACORD 25-8 (11185) CERTIFICATE OF INSURANCE TYPE OF INSURANCE THE CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TX 78664 CANCELLATION $ 2000 985 JOHNSON & HIGGINS OF TEXAS, INC. 1400 MCORP PLAZA 333 CLAY STREET HOUSTON, TEXAS 77002 -4093 INSURED THE CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 :0 TO A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOESNOTAMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A NATIONAL UNION FIRE INSURANCE COMPANY LETTER COMPANY EI LETTER COMPANY LETTER COMPANY D LETTER COMPANY LETTER OVERAGES THIS I5 TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCH POLICIES. TYPE OF INSURANCE GENERAL LIABILITY COMPREHENSIVE FORM PREMISES /OPERATIONS UNDERGROUND EXPLOSION & COLLAPSE HAZARO PRODUCTS /COMPLETED OPERATIONS CONTRACTUAL INDEPENDENT CONTRACTORS BROAD FORM PROPERTY DAMAGE PERSONAL INJURY X OWNERS' PROTECTIVE LIAE AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS IPRIV. PASS.) ALL OWNED AUTOS (OTHER THAN\ _ PRIV.PASS. HIRED AUTOS NONOWNED AUTOS GARAGE LIABILITY EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY OTHER POLICY NUMBER ILITY 8L8172855 P OATE(MM/O0 /VY) 4 -17 -89 PDATE (MM/ D0(YY)N UPON COMPLETION OF JOB LIABILITY LIMITS IN EA OCCURR ENCE BODILY INJURY PROPERTY DAMAGE BI & PO COMBINED PERSONAL INJURY PROPERTY DAMAGE BI & PO COMBINED BI & PO COMBINED STATUTORY $ $ 500 THE CITY OF ROUND ROCK 221 EAST MAIN STREET ROUND ROCK, TEXAS 78664 AUTHORIZED REPRESENTA THOUSANDS AGGREGATE 500 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMS (EVERGREEN CONSTRUCTION COMPANY) ADDITIONAL INSURED: OPUS 3, ARCHITECTS, 106 E. TRAVIS, ROUND ROCK, TEXAS 78664 RE: CONCESSION /RESTROOMS FOR THE OLD SETTLERS PARK AT PALM VALLEY, TEXAS LOCAL PARK FUND PROJECT NO. 20 -00264 ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EX. PIRATION. DATE HOM W - 7E17AE80.�C96IIXYQ MAIL .SU DAY WRITTEN THEREOF, NOTIC TE TO ISSUING THE CER PANY HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UP THE COMPANY, ITS AGENTS OR REEaESENTATIVES. CCIDENT) EPOLICY LIMIT) E.EACH EMPLOYE! cicorci®, *'L I D] i n•i '1 2;A :i'J J 1 ;I I 1 E- 1'] ;f11: Lei 4/14/89 THIS IS EVIDENCE THAT INSURANCE AS IDENTIFIED BELOW HAS BEEN ISSUED, IS IN FORCE, AND CONVEYS ALL THE RIGHTS AND PRIVILEGES AFFORDED UNDER THE POLICY. PRODUCER Johnson & Higgins of Texas, Inc. 1400 MCorp Plaza, 333 Clay Street Houston, Texas 77002 -4093 CODE INSURED LOCATION /DESCRIPTION SUB.CODE Evergreen Construction Company 1101 Capital of Texas South, #F -100 P. O. Box 161987 Austin, Texas 78716 COMPANY Allianz Insurance Company LOAN NUMBER EFFECTIVE DATE (MM/DD/Yf 12/31/88 THIS REPLACES PRIOR EVIDENCE DATED: ROPERTV INFORMATION Project is Concession /Restrooms for baseball park. Location: The Old Settlers Park at Palm Valley Texas Local Park Fund Project no. 20 -00264 Contract Value: $357,000. Term: Start 4 -22 -89 (4 months) OVERAGE INFORMATION COVERAGES /PERILS /FORMS "All Risk" Builder's Risk Replacement Cost Valuation Subject to Policy forms, conditions and exclusions 'EMARKS (Including Special Conditions) Certificate Holder is Owner and all Sub - contractors are Additional Insureds as their respective interests may appear with the Insured. ANCELLATION THE POLICY IS SUBJECT TO THE PREMIUMS, FORMS, AND RULES IN EFFECT FOR EACH POLICY PERIOD. SHOULD THE POLICY BE TERMINATED, THE COMPANY WILL GIVE THE ADDITIONAL INTEREST IDENTIFIED BELOW 30 days WRITTEN NOTICE, AND WILL SEND NOTIFICATION OF ANY CHANGES TO THE POLICY THAT WOULD AFFECT THAT INTEREST, IN ACCORDANCE WITH THE POLICY PROVISIONS OR AS REQUIRED BY LAW. DDITIONAL INTEREST NAME AND ADDRESS The City of Round Rock 221 East Main Street Round Rock, Texas 78664 NATURE OF INTEREST MORTGAGEE LOSS PAYEE SIGNATURE OF AUTHORIZED AGENT POLICY NUMBER ATO 802160 EXPIRATION DATE (MM/DDM') MnuEUEO iu rr 12/31/89 CHECKED IX AMOUNT OF INSURANCE $357,000 ® ADDITIONAL INSURED (OTHER) DEDUCTIBLE Various SEABOARD SURETY COMPANY HOMS OPPTC11 NEW YOR14 N, Y AHAC BOND NO. 24801 SSC BOND NO. 182297 STATUTORY PERPORMANCE BOND PURSUANT TO ARTICLE 5160 Of THE REVISED CIVIL STATUTES Of TZIAS AS AMENDED SY ACTS Of TEE 6418 LEGISLATURE, 1975 AND ACTS Of TEE ma LEGISLATURE, 1977 (Penalty of this bond must be 1008 of contrast amount) E.YOW ALL MORN SY THESE PRESENT!, THAT, Evergreen Construction Company (hereinafter called the Principal), as Principal, and SEABOARD SURETY COMPANY a corporation organised and existing under the laws of the Sesta of Nev York. with its principal office in the City of New York, New York, and American Home Assurance Company of Nev York, Nev York (hereafter called the Sureties), as Sureties, are held and firmly bound unto the City of Round Rock 221 East Main Street. Round Rock, Texas 78664 (hereinafter called the Obligee). in the amount of Three Hundred Fifty Seven Thousand & No /100 Dollars (S 357,00.00 ) for the payment whereof, the said Principal and sureties bind themselves, and their heirs, administrators, executors, succeaaors :and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into • certain written contract with eha Obligee, dated the 17th day of April 19.2, to construct Concession /Restrooms for the Old Settlers Park at Palm Valley which contract is hereby referred to and made a part hereof as fully and co the same extant as if copies at length herein. NOW, T8EEEl0EE, THE CONDITION Of THIS OELIGAXION IS SUCH, that it the said Principal shall faithfully perform the meek in accordance with the plane, speci- fications and contract documents, than this abligatton shall be void; otherwise to remain in full force end affect. PROVIDED, HOWEVER, that this bond is d pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas u amended by the Acts of the 64th Legislature, 1973 and amended by Acts of the 65th Legislature, 1977. and all liabilities on this bond shall he determined is accordance with the provisions of said Article to the same extent as if it were copied at length herein. I8 viTNESS 'MAEOf, the said Principal and SuretieMve signed and sealed this instrument this 17th day of April , 19 89 Evergrp n Construction Company SEAWARD SU IT COMP Ey y i/� Nadcy kuan Americ By: Na Assura j Company Attorney in - ea:: Air y Ruano Attorney -in -fact roes oursisorrr KNOW ALL MIX If TNITI PRISMS' That. Evergreen Construction Company (hereinafter called the Principal), as Principal, and SLAIOMD SDRSTY COMPANY, :au YORK, NEW YORK, • corporation organised and existing under the lawn of the State of New Tory with its principal office in the City oI *w York and American Home Assurance Company of New York, Nev York (hereafter called the Sureties), as Sureties, are held and firmly bound untdrhe City of Round Rock. 221 East Main Street, Round Rock, TX 78664 , (hereinafter called the Obligee), iII the amount of Three H undred Fift Seven Tho usand No 100 Dollars (1 357,000.00 - - -- , or t payment where* , the s Prinsip and bind themselvem, and their heirs. administrators. executors, successors and assigns, jointly and severally firmly by thus presents. MUMS, the Principal has entered into a certain written contract vith the Obligee, dated the 17th day of April ,1989 , t* Constrnrr Concession /Restrooms for the Old Settlers Park at Palm Pall PV which contract is hereby refsesed to and made a part hereof as fully and to the sane extent as if copied at length herein. NOV, TRSRSPORS, TES CONDITION Of IRIS o1LIGATI0N IS NCR, that if the said Principal shall pay all claimanta supplying labor and material to him or a sub- contractor in the prosecution of the vork provided for in said contract, then, this obligation shall be void( otherwise to remain in full force and effect. PROVIDIS, SOWER, that this bond is executed pursuant to the provisions of Article 5160 of the Revised Civil Statutes of Texas as ananded by the Acts of the 64th Legislature, 1973 and Amended by Acts of the 65th Legislature, 1977, and all liabilities on this bond to ell such claimants shall be determined in accordance with the provisions of said Article to the sane extant as if it were copied at length herein. IN WITNISS WNIRE07, the said Principal andSuretieshave signed and sealed this instrument this 17th day of April , 19 89 SEABOARD SURETY COMPANY Attest' STATUTORY PAYMNIT BOND PURSUANT i0 ARTICLE 5160 OT TES RSVISID CIVIL STAME3 OT WAS Al ANEW= IT ACTS OP T8. 64TS LICISLATVRS, 1975 AND ACTS Of TES 631E LEGISLATURE, 1977 QfcCUCOR ACT - PVILIC WOW) (Penalty of this bond must be 1005 of Contract Amount) MOMS OM= New MM. N.Y. Amer 'ea By: Na cy AHAC BOND NO. 24801 SSC BOND NO. 182297 Evergreen Construction Company (Seal) rind! SEABOARD CO)?ANT By / Nancy :(Ian!, Attorney -in -fact Assura.. Company torney -in -fact (Seel.) -- -_ --' "— _ Hfi��5fcm�y �rsffftsFBf� n not -me m�fiesr�aa� 4 471 7 E�k'�9EC - _�_ _ _ice a ttx�t S oh fiafiiii -, f ittf p g'3 7 meat Yrx�zf rs asar�E7s hr ' '=' =- s ip€ -0 s f 4r € are i =146 - t s s Y c:e Frlitdn � —' cexc fhQnt TBF� � �VEiq� `_ft- ,ct r.�t tie[ �etsirarsFJtC3E Sft3€ 6AaeA[ �3rs3a- fier�by- - E< Ii th{ clmSmr:, naf, e. ot [f tf a.nayt rtavfjeh $�e4 orenngu - 1�ze�a. a�3c�s �rkfor 0 � eat i afes ao ra tt�at�n � e3 e e o ex ew €.off CSf =17- Wc* {Tf[?_i8ay - - - i_ -6rySr¢ et[o> 4; -gf iit- 43,,,77- ,a\ra�3as �ivr ESrm i'e =Yf� irs Y-t =17-6>P- i9rr$ffae€tsY h li ar#7e,ir i ka tY oa$i fN[o - 5-p elr W( i ii FiaEtca'€rYft6s mfiiRee ~IV- t �r - -$E $6SARF @RET- Y AP - td �fi�duf fg4 re 1tre f Zrt �rc� taf17L - - -- - - ��€i T e-� yr3ied t3 tt i1Ie of ire- -- 3hr;t; y- ��7 Ii_egF a'1tEte i€a t a2 s€ ii�rt - e4- P> iss_ o�siY a�nan €H�er�eS =Yr9ar SBiYetec a RttaurHlta date rns �T(�fl+ey=Mai#ta "r 1-0, r ner5:74 - a�iTrAi { 7: - 1e 3�itlaTa�r[ - r: � i - �ie(eZT1 {'_ hart - - t_rE�1dr efr -^� _ : -- ' _' ' - _ se8€�..s - r�i1f[�fi+tLerisrla�ffisF u�li4 �2aRcet -.. _ _ _ 35_ E° B §� � I€ Qresa(Ct{i = For verification of the authenticity of this Power of Attorney you may call. collect. 201 - 658 -3500 and ask for the Power of Attorney clerk. Please refer to the Power of Attorney number, the above named individual(s) and details of the bond to which the power is attached. In New York, Dial 212- 627 -5444- r� lj