R-03-09-25-14C5 - 9/25/2003RESOLUTION NO. R -03-09-25-14C5
WHEREAS, the City of Round Rock entered into a contract on August
14, 2003 with Chasco Contracting entitled "Agreement Between Owner and
Construction Manager at Risk Where Construction Manager at Risk Is Also
the Constructor," and such contract is for improvements to the Dell
Diamond/United Heritage Facility ("Project"), and
WHEREAS, the Owner and Construction Manager executed Amendment
No. 1 on even date herewith, 2003 to provide for Guaranteed Maximum
Price, and
WHEREAS, the Owner and Construction Manager wish to amend the
Agreement to remove the right field east entrance gate and the
relocation of the interactive play area from the Project and to delete
all references in the contract documents to said gate and play area, and
WHEREAS, the City Council wishes to accept such Amendment No. 2
to the referenced Agreement, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on
behalf of the City, Amendment No. 2 with Chasco Contracting, a copy of
said Amendment No. 2 being attached hereto as Exhibit "A" 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.
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RESOLVED this 25th day of September, 2003.
�0 ,
CHRISTINE R. MARTINEZ, City Secre
2
WELL, Mayor
ity of Round Rock, Texas
ary
AMENDMENT NO. 2 TO THE
CONSTRUCTION MANAGER AT RISK AGREEMENT
BETWEEN CITY OF ROUND ROCK AND CHASCO CONTRACTING
This Amendment No 2, to Construction Manager at Risk Agreement is made by and between the
City of Round Rock, Texas, hereinafter called the "Owner" and Chasco Contracting, hereinafter
called the "Construction Manager".
WHEREAS, the Owner and Construction Manager executed an Construction Manager at Risk
Agreement, hereinafter called the "Agreement," on the 14th of August, 2003 for the construction of
improvements to the Dell Diamond/United Heritage Center; and
WHEREAS, the Owner and Construction Manager executed Amendment No. 1 on even date
herewith, 2003 to provide for Guaranteed Maximum Price; and
WHEREAS, the Owner and Construction Manager wish to amend the Agreement to remove the
right field east entrance gate and the relocation of the interactive play area from the Project and to
delete all references in the contract documents to said gate and play area;
NOW THEREFORE, premises considered, the Owner and the Construction Manager agree that
said Agreement is amended as follows:
I.
The second paragraph of page 1 of the Agreement is hereby amended to read as follows:
For and in consideration of the mutual terms, conditions and covenants of this
Agreement and accompanying documents between the Owner and the Construction
Manager and in consideration of payments as set forth therein, the Construction
Manager hereby agrees to commence and complete the following Project:
Improvements to the Dell Diamond/United Heritage Facility
including construction of six (6) additional suites; an 850 -seat
Home Run Porch with roof, elevated walkway, and signage;
together with any and all extra work in accordance with the Project Manual,
Drawings and Addenda, as prepared by the Architect, HKS, Inc., and approved by the
Owner.
II.
It is further agreed by the parties hereto that it is their intention to delete the east entrance gate and
the relocation of the play area from the Project and that all references to the same in the Agreement,
General Conditions, Special Conditions, Project Manual, Drawings, Specifications, Addenda and
any other contract documents are hereby deleted.
Executed by Owner and Construction Managerto be effective on the 25th day of September, 2003.
OWNER: CONSTRUCTION MANAGER:
City of Round Rock, Texas Chasco Contracting
By:
Nyle Maxwell, Mayor
Date: September 25, 2003
2
By:
Date:
Temple Aday, President
DATE: September 19, 2003
SUBJECT: City Council Meeting - September 25, 2003
ITEM: 14.C.5. Consider a resolution authorizing the Mayor to execute
Amendment No. 2 to Agreement Between Owner and
Construction Manager -at -Risk with Chasco Contracting for
construction improvements to the Dell Diamond/United
Heritage Center.
Resource: Tom Word, Chief of Public Works Operations
Larry Madsen, Construction Manager
History:
Funding:
Cost:
Source of Funds:
Chasco Contracting was approved as construction
manager -at -risk for the Dell Diamond/United Heritage
Center at the August 14, 2003 Council meeting. This
Amendment No. 2 removes the east entrance gate and
the relocation of the interactive play area from the
construction project.
Convention Center Expansion Funds - not to
exceed $800,000.00
Round Rock Baseball, Inc.
Outside Resources: Chasco Contracting
Impact/Benefit: Improvements to the stadium in preparation for a
Triple A team.
Public Comment:
Sponsor:
N/A
N/A
EXECUTED
DOCUMENT
FOLLOWS
AMENDMENT NO. 2 TO THE
CONSTRUCTION MANAGER AT RISK AGREEMENT
BETWEEN CITY OF ROUND ROCK AND CHASCO CONTRACTING
This Amendment No 2, to Construction Manager at Risk Agreement is made by and between the
City of Round Rock, Texas, hereinafter called the "Owner" and Chasco Contracting, hereinafter
called the "Construction Manager".
WHEREAS, the Owner and Construction Manager executed an Construction Manager at Risk
Agreement, hereinafter called the "Agreement," on the 14th of August, 2003 for the construction of
improvements to the Dell Diamond/United Heritage Center; and
WHEREAS, the Owner and Construction Manager executed Amendment No. 1 on even date
herewith, 2003 to provide for Guaranteed Maximum Price; and
WHEREAS, the Owner and Construction Manager wish to amend the Agreement to remove the
right field east entrance gate and the relocation of the interactive play area from the Project and to
delete all references in the contract documents to said gate and play area;
NOW THEREFORE, premises considered, the Owner and the Construction Manager agree that
said Agreement is amended as follows:
I.
The second paragraph of page 1 of the Agreement is hereby amended to read as follows:
For and in consideration of the mutual terms, conditions and covenants of this
Agreement and accompanying documents between the Owner and the Construction
Manager and in consideration of payments as set forth therein, the Construction
Manager hereby agrees to commence and complete the following Project:
Improvements to the Dell Diamond/United Heritage Facility
including construction of six (6) additional suites; an 850 -seat
Home Run Porch with roof, elevated walkway, and signage;
together with any and all extra work in accordance with the Project Manual,
Drawings and Addenda, as prepared by the Architect, HKS, Inc., and approved by the
Owner.
II.
It is further agreed by the parties hereto that it is their intention to delete the east entrance gate and
the relocation of the play area from the Project and that all references to the same in the Agreement,
1
(2-03-09-a5- »J 5
. • ^ .
General Conditions, Special Conditions, Project Manual, Drawings, Specifications, Addenda and
any other contract documents are hereby deleted.
Executed by Owner and Construction Managerto be effective on the 25`h day of September, 2003.
OWNER:
City of Round Rock, Texas
.41
By: Ale-.
lir
yle Maxwell, Mayor
Date: September 25, 2003
2
CONSTRUCTION MANAGER:
Chasco Contracting