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R-91-1568 - 2/14/1991WHEREAS, the City of Round Rock has duly advertised for bids for the installation of the septic system for the Lakeview Pavilion at Old Settlers Park at Palm Valley, and WHEREAS, Dale Cook Backhoe Service has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Dale Cook Backhoe Service, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the bid of Dale Cook Backhoe Service is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Dale Cook Backhoe Service for the installation of the septic system for the Lakeview Pavilion at Old Settlers Park at Palm Valley. RESOLVED this 14th day of February, 1991. ATTEST: E RS02141N LAND, City Secretary RESOLUTION NO. /567g1 IZ. MIKE ROBINSON, Mayor City of Round Rock, Texas T 11 E A M E R I C A N v AGREEMENT BETWEEN the Owner: (Name and address) and the Contractor: (Name and address) The Project is: (Nance and location) The Architect is: (Nance and address) I N S T I T I J T E O F A R C I I I T E C T S AIA Document A 101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM 1987 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION 01? MODIFICATION. 77.re 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 condinons unless Ibis document is modified. This document has been approved and endorsed by The Associated General Contractors of America. madeasofthe Twenty —Fifth (25th) day of February Nineteen Hundred and Ninety (1991) City of Round Rock 221 E. Main Street Round Rock, TX 78664 Dale Cook Backhoe Service Route 1, Box 3 Red Rock, TX 78662 Lakeview Pavilion & Restroom Facilities Septic Installation The Owner and Contractor agree as set forth below. )6Logi in the year of Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, ©1987 by The American Institute of Archi- tects, 1735 New York Avenue, N.W., Washington, D.0 20006. Reproduction of the material herein or substantial quotation of hs provisions without written permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER.CONTRAC1 OR AGREEMENT • TWELFTH EDITION • AIA • ©1987 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, 14 W., WASHINGTON, D.0 20006 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: Septic installation as specified in the project description and plans and specifications dated December 1, 1990. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement is the date from which 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 coarntertcemerrt, If it differs from the date of ibis Agreernerrt or, If applicable, state that the dale wilt be fixed In a notice to proceed) On or about March 1, 1991, as established by a notice to proceed. 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 Icss 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 ( laser' the calendar dateor: nrnberof calendar days after Predate f camtnenr rot. Also insert any regnirenrrmsf reariterSubstarrtial Completion afcer. fain porttant of the Work, if not staled eherehere in the Contract Daamrrnts) n Thirty days after date of commencement. , subject to adjustments of this Contract Time as provided in the Contract Documents. (litter' prin.:w n., if arty, for liquidated damages relating to failure to complete on lime -) AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • TWEI FTII EDITION • AIA• • ©1987 TIIE AMFRIGAN INS7 ITUTE OF ARCHITECTS, 1735 NEW 50111( AVENUE, N,W„ WASI IINGT ON, 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 Dollars (5 10, 370.00 ), subject to additions and deductions as provided in the Con- tract Documents. 4.2 The Contract Sum I5 based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (Slate the numbers or other identification of accepted alternates. If decirlons on other alternates are to be made by the Owner subscguent to the execution of Ibis Agreement, attach a schedule of such other alternates showing the aruornrt for each and the date until nobicb that amount Is orate ) 4.3 Unit prices, If any, are as follows: AIA DOCUMENT A101 • OWNER CON1 RACTOR AGREEMENT • TWELFTH EDITION • AIA. • 01987 TIIE AMERICAN (8511TUTE OF ARCIIITEC15, 1735 NEW YORK AVENUE, N.W., WASI IINGS ON, D.C. 20006 A101 -1987 3 ARTICLE 5 PROGRESS PAYMENTS DELETE IN ITS ENTIRETY e rc t tect y tc on rac or an ert lcates for Payment Issued • the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided b .w and elsewhere In thc Contract Documents. 5.2 The period covered by each Application for Payment shall he one calendar month ending on the last day of month, or as follows: 5.3 Provided an Application for Payment is received by the Architect not later - an the day of a month, the Owner s • 1I make payment to the Contractor not later than the day of the m . If an Application for Payment Is received by the Architect after the application date fixed above, payment shall be made • the Owner not later than days after the Architect receives the Application for P •ment. 5.4 Each Application for Payment shall be based upon the Sch e of Values submitted by the Contractor In accordance with the Contract Documents. The Schedule of Values shall alloca se entire Contract Sum among the various portions of thc Work and be prepared In such form and supported by such data . substantiate Its accuracy as the Architect may require. This Schedule, unless objected to by the Architect, shall be used as a •. is for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the pc ntage 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 Contra • Iocuments, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract . m properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the W. by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retain s• of percent ( %). Pending 111 determination of cost to the Owner of changes in the Work, amounts not in dispute may be Included as provided in Subpara • ph 7.3.7 of General Conditions even though the Contract Sum has not yet been adjusted by Change Order; 5.6.2 Add that portion of le Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent Incorr ration in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed n in writing), less retalnage of percent ( %); 5.6.3 Subtract the a ggregate of previous payments made by the Owner; and 5.6.4 Subtract counts, If any, for which the Architect has withheld or nullified a Certificate for Payment as provided In Para- graph 9.5 of • General Conditions. 5.7 The p- gress payment amount determined In accordance with Paragraph 5.6 shall be further modified under the following circulmst. ces: 5.7.1 dd, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to percent ( %) of the Contract Su t, less such amounts as the Architect shall determine for Incomplete Work and unsettled claims; and 5 .2 Add, if final completion of the Work Is thereafter materially delayed through no fault of the Contractor, any additional tounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 5.8 Reduction or limitation of retalnage, If any, shall be as follows: mended, prior to Substantial Completion gt apbs 5.6 1 and 5 6 2 above, and Ibis is sot explained elsetrbere at tire Contract Documents, inset! Isere ptoelumts for such re AIA DOCUMENT A101 • OWNER CONTRACTOR AGREEMENT • TWELFTH ED1110N • AIA° • © 1997 TIIE AMERICAN INSTITUTE. OF ARCHITECTS, 1735 NEW YORK AVENUE, N W , WASHINGTON, O C 20006 (10,, 0 ittla0on.) A101 -1987 4 ARTICLE 6 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract 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 Mal 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: The contractor shall be paid in one lump sum payment following completion of the project and acceptance by the Round Rock City Council. 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. (inert rale of interest agreed upon, Zany) (Usury laws and requirements under We federal 7nab in Lending Act, .vmiar stale and focal consumercreditfaun and other regulations at Ibe Owner's and Contractor's principal places of business, the location of the Project and etembere may affect the naltdily of ibis provision Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or warners) 7.3 Other provisions: ARTICLE 8 TERMINATION OR SUSPENSION 8.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of the General Conditions. 8.2 The Work may be suspended by the Owner as provided in Article 14 of the General Conditions. AIA DOCUMENT 0101 • OWNER.CONTRACTOR AGREEMENT • TWEI.FI II EDITION • AIA° • ©1907 711E AMERICAN INSTITUTE OF ARCI IITECTS, 1735 NEW YORK AVENUE.., N.W , WASI IINGTON, 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 15 this executed Standard Form of Agreement Between Owner and Contractor, AIA Document AI01, 1987 Edition. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction, AIA Document A201, 1987 Edition. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows: Document Lakeview Pavilion 6 Restroom Facilities at Old Settlers Park at Palm Valley Title Pages Specifications Manual for Septic Installation 9.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 9.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to thus Agreement.) Section Title Pages Specifications Manual for Septic Installation - AIA DOCUMENT A101 • OWNER-CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA® • 01987 TIIE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 A101.1987 6 9.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Hither MI the Drawings berg or refer to an exhibit attached to this Agreement ) Number Title Date C -1 Lakeview Pavilion 12/1/90 Old Settlers Park at Palm Valley 9.1.6 The Addenda, If any, are as follows: Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated In this Article 9. AIA DOCUMENT A101 • OWNER CONTRACTOR AGREEMENT • TWELFTH EDITION • AIA. • ©1957 Tilt AMERICAN INSTITU1 E OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASIIIN0I ON, D C. 20006 A101 -1987 7 9.1.7 Other documents, if any, forming part of the Contract documents are as follows: (List lire any additional documents tvblas are intended to form part of Contract Documents The Genera! Conditions provide that bidding requirements stab as adrerbsement or invitation to bid, histneaions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated inn tins Agreement They srxmld be listed here only !f intended to be part of the Contract Documents) Certificates of Insurance Contractor Release of Waivers of Liens Certificate of Substantial Completon (G -704) Contractors Affidavit of Release of Liens (G -706A) Project Plans, Specifications and Construction Drawings Contractor's Sid Proposal 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 : City of Round Rock 3 -7- 91 (Sig,tanne) MIKE R08i145on) mRyoR (!',ranted name and tale) AIA DOCUMENT A101 • OWNER CONTRACTOR AGREEMENT • TWELfTN EDITION • AIA° • ©1987 TIIE AMERICAN INSTI1 UTE OFARCIIITEC15, 1735 NEW YORK AVENUE, NW , WASIIINGSON, U.C. 20006 CONTRACTOR: Dale Cook Backhoe Services c90= ogC0041- 3-Z-71 (Signature) Dole Cork (owi,et (printed name and lltle) A101-1987 8 CONTRACT: LAKEVIEW PAVILION OSPV BIDDERS BID DATE: 2/5/91 TIME: 10:00 A.M. Rogers Constructior Inc. Halliburton Excavation Dale Cook Backhoe Service J.B. Electric Vincent Sullivan LOCATION: City Council Chamber DESCRIPTION WARRANTY /GUARANTEE CERTIFICATES OF INS. Yes Yes Yes No Yes DELIVERY TIME 10 Days 14 Days 30 Days 60 Days 15 Days .BOND No Cashier's Check Cashier's Check No Cashier's Check ITEM UNIT QUANTITY PRICE IT PRIG PRICE AM UNIT PRICE SEPTIC SYSTEM INSTALLATION $7,875.00 $11,904.00 $10,370.00 $12,000.00 $13,855.00 CITY OF ROUND ROCK PARKS AND RECREATION DEPARTMENT BID TABULATION PAGE 1 OF 2 CONTRACT: LAKEVIEW PAVILION OSPV BIDDERS C 6 S Excavating Jezek Construction Co., Inc. . BID DATE: 2/5/91 TIME: 10:00 A:M. LOCATION: City Council Chamber - DESCRIPTION WARRANTY /GUARANTEE CERTIFICATES OF INSURANCE Yes Yes DELIVERY TIME 40 Days 45 Days BOND ' Yes Yes ITEM UNIT QUANTITY UNIT PRICE UNI:' PRIM' LNIT PRICE UNIT PRICE UNIT PRICE SEPTIC SYSTEM INSTALLATION $14,400.00 $10,700.00 - I 1 • CITY OF ROUND ROCK PARKS AND RECREATION DEPARTMENT BID TABULATION PAGE 2 OF 2 DATE: February 12, 1991 SUBJECT: CITY COUNCIL MEETING, FEBRUARY 14, 1991 ITEM: 9N. Consider a resolution authorizing the Mayor to enter into an agreement for the installation of the septic system for the Lakeview Pavilion at Old Settlers Park at Palm Valley. STAFF RESOURCE PERSON: Sharon Prete STAFF RECOMMENDATIONS: Seven bids were received and opened on February 5, 1991. The bids ranged from $7,875.00 to $14,400.00 (see attachment). The low bidder, Rogers Construction, Inc. did not meet the specifications; therefore, staff recommends that the bid be awarded to Dale Cook Backhoe Service in the amount of $10,370.00. Mr. Cook is registered with Williamson County and his references have been checked. ECONOMIC IMPACT: The bid is lower than our estimated cost of the project.