Loading...
R-09-01-22-9C1 - 1/22/2009RESOLUTION NO. R -09-01-22-9C1 WHEREAS, the City of Round Rock has previously determined in Resolution No. R -07-03-08-12A1 that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for the additions and renovations to the Vehicle Maintenance Facilities located at 901 Luther Peterson Place, and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determines that Prism Development, Inc. is the offeror which offers the best value for the City, 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 Prism Development, Inc., 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 Prism Development, 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 Prism Development, Inc. for the additions and renovations to the Vehicle Maintenance Facilities located at 901 Luther Peterson Place, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. O:\WDOX\RESOLUTI\R90122C1.DOC/rmc 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 22nd day of January, 2009. ATTEST: L L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document Al 01 -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 a i)CIF� j•1.` f" year 200 . (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) Owner and Contractor agree as follows: 00150720/jkg (IL) day of l EjYlft✓1'<__,) in the City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Prism Development, Inc. 2709 East 5th Street Austin, Texas 78702 Additions and renovations to the City of Round Rock Vehicle Maintenance Facilities located at 901 Luther Peterson Place, Round Rock, Texas. Construction will consist of approximately 1,000 square feet to be added to an existing engineered metal building, said addition to be utilized for vehicle parts storage and small shop expansion. Architectural Plus 1907 North Lamar Boulevard, Suite 260 Austin, Texas 78705 EXHIBIT nAn 1 (Greig 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 mutually agreed Modifications issued after execution of this Agreement; these form the Con tract, 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. ARTICLE 2 THE WORK OF THIS CONTRACT 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 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 Owner. If, prior to the commencement of the Work, Owner requires time to file mortgages, mechanic's liens and other security interests, Owner's time requirement shall be as follows: Unless the date of commencement is established by a Notice to Proceed issued by Owner, Contractor shall notify 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 10 days of the date of the Notice to Proceed. 3.3 Contractor shall achieve Substantial Completion of the entire Work no later than One Hundred Eighty (180) calendar days from issuance by Owner of 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 /lc,/off? 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 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be TWO HUNDRED TWENTY THOUSAND SEVEN HUNDRED NINETY- TWO AND NO/100 DOLLARS ($220,792.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by 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) ALTERNATE # 1 - Remove parts window, provide new door & frame in existing opening. $ 5,754.00 ALTERNATE #2 - Provide expansion of existing break room $10,557.00 ALTERNATE #3 - Provide AHU —1 and HP- 1 at expanded parts room $ 9,408.00 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 Architect and Owner by Contractor, and Certificates for Payment issued by Architect and not disputed by Owner and/or Owner's lender, Owner shall make progress payments on account of the Contract Sum to 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 Architect and Owner, and Architect issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by Architect and Owner after the application date fixed above, payment shall be made by Owner not later than one month days after the Architect receive. the ^ pplication issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by 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 Architect and Owner may require. This schedule, unless objected to by Architect or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. VP.," itq.cv 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 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 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 fed i -f s writing), less retainage of five (5) percent. .3 Subtract the aggregate of previous payments made by Owner; and 4 Subtract amounts, if any, for which Architect or Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 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 ninety-five percent (95%) of the Contract Sum, less such amounts as 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 Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997. (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 Owner's prior written approval, 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 Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by Architect. 1/ 6/6P 5.2.2 Owner's final payment to Contractor shall be made no later than 30 days after the issuance of Architect's final Certificate for Payment, or ws: 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 Contractor prior to final payment and not treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by Owner as provided in Article 14 of AIA Document A201-1997. 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 supplemented by other provisions of the Contract Documents. 7.2 leeated. (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 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 Owner's representative is: (Name, address, other information) 7.4 Contractor's representative is: Larry Madsen Construction Manager 2008 Enterprise Round Rock, Texas 78664 Michael von Ohlen President, Prism Development, Inc. 2709 East 5th Street Austin, Texas 78702 7.5 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. 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 October 21, 2008. Document Title Pages 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 Title Pages 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: Drawings issued on October 21, 2008 from Architectural Plus. (Either list the Drawings here or refer to an exhibit attached to this Agreement,) Number Title Date 8.1.6 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 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 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 Contractor, one to Architect for use in the administration of the Contract, and the remainder to Owner. OWNER CONTRACTOR CITY OF ROUND ROCK, TEXAS PRISM DEVELOPMENT, INC. Alan McGraw, Mayor Miael VodOhlen, President Date Signed: Dae Signed: 59-- 6 ATTEST: Sara White, City Secretary FOR CITY, APPROVED AS TO FORM: Stephan L. Sheets, City Attorney DATE: January 15, 2009 SUBJECT: City Council Meeting—January 22, 2009 ITEM: 9C1. Consider a resolution authorizing the Mayor to execute a construction contract with Prism Development, Inc. for the Additions and Renovations to the Vehicle Maintenance Facility and authorizing the Mayor to execute a Standard Form of Agreement. Department: Engineering and Development Services Staff Person: Tom Word, Chief of Public Works Larry Madsen, Construction Manager Justification: This agreement provides for construction services for the additions and renovations to the Vehicle Shop Facility, which includes an addition of 1,000 square feet to be added to an existing engineered metal building, said addition to be utilized for vehicle parts storage and small engine expansion. The project also includes an expansion of the small engine repair shop. Funding: Cost: $220,792.00 Source of funds: General Self Finance Construction Outside Resources: Architecture + Plus Background Information: On November 18, 2008 the City received five proposals for the Vehicle Maintenance Facility project. Prism Development was selected as the number one proposer based on the selection criteria. Their cost was the lowest of the five proposers and is within budget for this project. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document Al 01 -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. AGREEIT made as of the I X TFCAi-f year 200 (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) Owner and Contractor agree as follows: 00150720/jkg (/6) day of VC?' t ----)e in the City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Prism Development, Inc. 2709 East 5th Street Austin, Texas 78702 Additions and renovations to the City of Round Rock Vehicle Maintenance Facilities located at 901 Luther Peterson Place, Round Rock, Texas. Construction will consist of approximately 1,000 square feet to be added to an existing engineered metal building, said addition to be utilized for vehicle parts storage and small shop expansion. Architectural Plus 1907 North Lamar Boulevard, Suite 260 Austin, Texas 78705 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 mutually agreed Modifications issued after execution of this Agreement; these form the Con tract, 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. ARTICLE 2 THE WORK OF THIS CONTRACT 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 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 Owner. If, prior to the commencement of the Work, Owner requires time to file mortgages, mechanic's liens and other security interests, Owner's time requirement shall be as follows: Unless the date of commencement is established by a Notice to Proceed issued by Owner, Contractor shall notify 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 10 days of the date of the Notice to Proceed. 3.3 Contractor shall achieve Substantial Completion of the entire Work no later than One Hundred Eighty (180) calendar days from issuance by Owner of 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 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be TWO HUNDRED TWENTY THOUSAND SEVEN HUNDRED NINETY- TWO AND NO/100 DOLLARS ($220,792.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by 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) ALTERNATE # 1 - Remove parts window, provide new door & frame in existing opening. $ 5,754.00 ALTERNATE #2 - Provide expansion of existing break room $10,557.00 ALTERNATE #3 - Provide AHU — 1 and HP- 1 at expanded parts room $ 9,408.00 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 Architect and Owner by Contractor, and Certificates for Payment issued by Architect and not disputed by Owner and/or Owner's lender, Owner shall make progress payments on account of the Contract Sum to 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 Architect and Owner, and Architect issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by Architect and Owner after the application date fixed above, payment shall be made by Owner not later than one month flays after the Architect - -• a . issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by 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 Architect and Owner may require. This schedule, unless objected to by Architect or Owner, shall be used as a basis for reviewing 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 Sung allocated to that portion of the Work in the schedule of values, less retainage of five percent (5%). Pending final determination of cost to 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 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 the site at a location agreed upon in writing), less retainage of five (5) percent. .3 Subtract the aggregate of previous payments made by Owner; and 4 Subtract amounts, if any, for which Architect or Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent (95%) of the Contract Sum, less such amounts as Architect shall determine for incomplete Work, retainage applicable to such Work and unsettled claims; and (Subparagraph 9.8.5 of AM Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if arty.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows: (1f 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 Owner's prior written approval, 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 Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by Architect. 5.2.2 Owner's final payment to Contractor shall be made no later than 30 days after the issuance of 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 Contractor prior to final payment and not treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by Owner as provided in Article 14 of AIA Document A201-1997. 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 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 located. (Insert rate of interest agreed upon, ifany.) 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 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 Owner's representative is: (Name, address, other information) 7.4 Contractor's representative is: Larry Madsen Construction Manager 2008 Enterprise Round Rock, Texas 78664 Michael von Ohlen President, Prism Development, Inc. 2709 East 5'h Street Austin, Texas 78702 7.5 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. 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. 4:2-)„.41,10' 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 October 21, 2008. Document Title Pages 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 Title Pages 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: Drawings issued on October 21, 2008 from Architectural Plus. (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date 8.1.6 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 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 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 Contractor, one to Architect for use in the administration of the Contract, and the remainder to Owner. OWNER CITY OF ROUND ROCK, TEXAS Alan McGraw. Mayor Date Signed: (. 22 . �1g � ATTEST: t'14A,/ tk?.W Sara White, City Secretary FO C TY, A!?PR 1 VED AS TO FORM: Step a IL. Sheets, ity A orney CONTRACTOR PRISM DEVELOPMENT, INC. Mi ael Von'Ohlen, President Dae Signed: 19-112"-0 t