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R-08-07-10-10C1 - 7/10/2008RESOLUTION NO. R -08-07-10-10C 1 WHEREAS, the City of Round Rock has previously determined in Resolution No. R-08-04-10-1101 that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of a tennis pro shop/restroom building located at Old Settlers Park Palm Valley, and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determines that FT Woods Construction Services Inc. is the offeror which offers the best value for the City, and WHEREAS, Texas Local Government Code §271.116(f) allows the City and its architect to "discuss with the selected offeror options for a scope or time modification and any price change associated with the modification", and WHEREAS, such post -proposal negotiations were held and did result in certain changes to scope and price changes associated with such modifications, and WHEREAS, the City Council now wishes to enter into a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with FT Woods Construction Services Inc., and wishes to enter into a "Post -Proposal Negotiated Amendment" with FT Woods Construction Services Inc. outlining the above -referenced changes and modifications, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That, after advertising for and receiving proposals from offerors, the City of Round Rock hereby finds that FT Woods O:\WDOX\RESOLUTI\R80710C1.DOC/rmc Construction Services Inc. is the offeror which offers the best value for the City. BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with FT Woods Construction Services Inc. and a "Post -Proposal Negotiated Amendment" with FT Woods Construction Services Inc. for construction of a tennis pro shop/restroom building located at Old Settlers Park Palm Valley, copies of same being attached hereto as Exhibit "A" and Exhibit "B" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 10th day of July, 2008. ATTEST: SARA L. WHITE, City Secretary 2 ALL MCGRAW, Mayor City of Round Rock, Texas Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM Based on AIA Document A101 -1997 1997 Edition -Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. 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 subject the violator to legal prosecution. AGREEMENT made as of the (In words, indicate day, month and year) BETWEEN the Owner: (Name, address, other information) and the Contractor (Name, address, other information) The Project is: The Architect is: (Name, address, other information) The Owner and Contractor agree as follows: ( ) day of in the year of 2008. The City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 FT Woods Construction Services, Inc. 1966 South Austin Avenue Georgetown, Texas 78626 Construction of a new single -story Tennis Restroom/Pro Shop Building of approximately 1,800 square feet, and associated site utilities, to be located at the tennis complex at Old Settlers Park Palm Valley, 3300 East Palm Valley Boulevard, Round Rock, Williamson County, Texas. Schrickel, Rollins and Associates, Inc. 1161 Corporate Drive West, Suite 200 Arlington, Texas 76006 ARTICLE I 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 8. 00141122/jkg EXHIBIT .0 "An ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement 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 date of this Agreement or, if applicable, state that the date will be fixed in a Notice to Proceed.) Date of commencement shall be fixed in a Notice to Proceed issued by the Owner. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: 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 (5) days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. In no event shall Work be commenced if Owner does not issue written approval. 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than One Hundred Twenty (120) calendar days from issuance by Owner and Architect of the Notice to Proceed. (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) 3.4 If Contractor fails to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated damages, the Sum of Five Hundred and No/100 Dollars ($500.00) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial Completion in the Agreement. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate estimation. It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, the harm that would be caused to Owner cannot be reasonably forecast because it would include business disruption to Owner in addition to loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates. Thus, the liquidated damages set forth herein and above will cease to be assessed under the Contract Documents after thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, and Owner shall thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the Contract Documents. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be FOUR HUNDRED SEVENTY-TWO THOUSAND EIGHT HUNDRED TWENTY-ONE DOLLARS AND 25/100 ($472,821.25), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner. (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) There are no alternates. 4.3 Unit prices, if any, are as follows: Not applicable ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect and Owner by the Contractor and Certificates for Payment issued by the Architect and not disputed by Owner and/or Owner's lender, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the Architect and Owner, and the Architect issues a Certificate of Payment not later than the tenth (10th) day of a month, the Owner shall make payment to the Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by the Architect and Owner after the application date fixed above, payment shall be made by the Owner not later than one (1) month days after the Architect receives th.e�^ pplieatien issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect and Owner may require. This schedule, unless objected to by the Architect or Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: .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 Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5 %). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shall may be included as provided in Subparagraph 7.3.8 of AIA Document A201-1997 (as modified) even though the Contract Sum has not yet been adjusted by Change Order; .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 tho site at a , less retainage of five percent (5%). .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect or Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997 (as modified). 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: 5.1.8 .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to `t' mount ninety-five percent (95%) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such Work and unsettled claims; and (Subparagraph 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .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 AIA Document A201-1997 (as modified). (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.1.6 1 and 5.1.6 2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) 5.1.9 Except with the Owner's prior written approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997 (as modified), and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by the Architect. 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment or as follows: In no event shall final payment be required to be made prior to thirty (30) days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment shall be treated as non -conforming Work and shall be corrected by the Contractor prior to final payment and not treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997 (as modified). 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997 (as modified). ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or modified or supplemented by other provisions of the Contract Documents. (Insert rate of interest agreed upon, if any.) Undisputed final payment due and unpaid under the Contract Documents shall bear interest from the sixty-first (61st) day after the date such undisputed final payment is due at the legal rate prevailing from time to time at the place where the Project is located. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's representative is: (Name, address and other information) 7.4 The Contractor's representative is: David Buzzell Project Manager Parks and Recreation Department 301 West Bagdad Round Rock, TX 78664 Greg Hampton Vice President of Site Development FT Woods Construction Services, Inc. 2500 NE Inner Loop Georgetown, TX 78626 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten (10) days' written notice to the other party. 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement as set forth in Article 7 of AIA Document A201-1997 (General Conditions), are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document A 10 1-1997, as modified herein. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201- 1997, as modified therein. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated, and are as follows: Document Pages Title 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Pages Title 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number 8.1.6 The Addenda, if any, are as follows: Number Date Title Pages Date Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here 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: CONTRACTOR: CITY OF ROUND ROCK, TEXAS FT WOODS CONSTRUCTION SERVICES, INC. By: Alan McGraw, Mayor Printed Name: Date Signed: Title: Date Signed: FOR CITY, ATTEST: Sara L. White, City Secretary FOR CITY, APPROVED AS TO FORM: Stephan L. Sheets, City Attorney POST -PROPOSAL NEGOTIATED AMENDMENT CITY OF ROUND ROCK STATE OF TEXAS COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: That this "Post -Proposal Negotiated Amendment" is made by and between the City of Round Rock, with offices located at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City") and FT Woods Construction Services, Inc., with offices located at 1966 South Austin Avenue, Georgetown, Texas 78626 (hereinafter referred to as the "Contractor"). WHEREAS, the City selected the Contractor as the offeror that offered the best value for the City based on published selection criteria and on its ranking evaluation for construction of a new single - story Tennis Restroom/Pro Shop Building of approximately 1,800 square feet, and associated site utilities, to be located at the tennis complex at Old Settlers Park Palm Valley, 3300 East Palm Valley Boulevard, Round Rock, Williamson County, Texas, and WHEREAS, Texas Local Government Code Section 271.116(0 allows the City and its architect to "discuss with the selected offeror options for a scope or time modification and any price change associated with the modification," and WHEREAS, such post -proposal negotiations were held and did result in certain changes to scope and price changes associated with such modifications: NOW, THEREFORE, premises considered, the City and the Contractor hereby agree that said changes to scope and price changes associated with such modifications are contained in the attached "Attachment 1" which is made a part hereof by reference for all purposes. IN WITNESS WHEREOF, the City and the Contractor have executed this "Post -Proposal Negotiated Amendment" in triplicate originals. OWNER: PROPOSER: CITY OF ROUND ROCK, TEXAS FT WOODS CONSTRUCTION SERVICES, INC. By: Alan McGraw, Mayor FOR CITY, ATTEST: Sara L. White, City Secretary FOR CITY, APPROVED AS TO FORM: Stephan L. Sheets, City Attorney 00141125/jkg By: Printed Name: Title: Date Signed: 1 EXHIBIT nRn ATTACHMENT 1 Amendment Date: June 15, 2008 Changes to scope and price changes associated with post -proposal negotiated modifications to the Drawings and Specifications issued for the City of Round Rock OSPV Tennis Restroom/Pro Shop Building located at the tennis complex at Old Settlers Park Palm Valley, 3300 East Palm Valley Boulevard, Round Rock, Williamson County, Texas, as drawn by Schrickel, Rollins and Associates, Inc. NOTICE A. This Post -Proposal Negotiated Amendment shall be considered part of the Contract Documents for the above -referenced project as though it had been issued at the same time and incorporated integrally therewith. Where provisions of the following supplementary data differ from those in the original Contract Documents, this Post -Proposal Negotiated Amendment shall govern and take precedence. B. The Contractor is hereby notified that it shall make any and all necessary adjustments in its estimates based upon and on account of this Post -Proposal Negotiated Amendment. This document shall be stapled in the back of the Contractor's specifications. Reference is made to the Drawings and Specifications as follows: Item No. 1 Roof trusses: Replace metal trusses with wood trusses Deduct ($ 3,500.00) Item No. 2 Decking: Install synthetic decking ILO pressure treated pine Add $ 8,900.00 Item No. 3 Allowance for Oncor to install new service and transformer Add $15,000.00 Original Proposed Amount $452,421.25 Net Change from Original Proposed Amount $472,821.25 DATE: July 1, 2008 SUBJECT: City Council Meeting—July 10, 2008 ITEM: 10C1. Consider a resolution determining that FT Woods Construction provides the best value for the City for the construction of the Old Settlers at Palm Valley Tennis Restroom/Pro Shop Building Project and authorizing the Mayor to execute a Standard Form of Agreement, and a Post -Proposal Negotiated Amendment between the City and FT Woods Construction. Department: Parks & Recreation Staff Person: Rick Atkins, Parks and Recreation Director David Buzzell, RLA, ASLA Justification: The city received five Competitive Sealed Proposals on June 3, 2008 for the OSPV Tennis Restroom/Pro Shop Building Project. FT Woods Construction was selected as the proposal that is the "Best Value" for the City by a committee of the design architect, City Construction Manager, Park Development Manager and representatives of the Parks and Recreation Department. Funding: Cost: Not to exceed $475,000 Source of funds: 2007 CO Bond Money General Self Finance Construction Outside Resources: FT Woods Construction and Schrickel, Rollins, and Associates Background Information: The tennis restroom/pro shop building was originally part of the OSPV Sports Complex Project 'B' but was removed from the project scope of services during the negotiations with Journeyman Construction due to the price of the building ($750,000). The City felt that the price of the building was too high and that we could probably get a lower price if we re -bid that portion of the project. With the re -bid coming in at $450,000 to $475,000, the City saved approximately $300,000 by re -bidding the project. Public Comment: Numerous meetings and presentations with the Round Rock Tennis Association.