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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. @PFDesktop\::ODMA/WORLDOX/0:/WDOX/RESOLUTI/R30925C5.WPD/jkg 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