R-11-10-06-11E1 - 10/6/2011RESOLUTION NO. R -11-10-06-11E1
WHEREAS, the City of Round Rock has duly advertised for bids for the Rabb Park Restroom
Building Project, and
WHEREAS, Fazzone Construction, Inc. has submitted the lowest responsible bid, and
WHEREAS, the City Council wishes to accept the bid of Fazzone Construction, Inc., 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 a contract
with Fazzone Construction, Inc. for the Rabb Park Restroom Building Project.
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 6th day of October, 2011.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
f% . RbEtet-
SARA L. WHITE, City Secretary
O:\wdox\SCClnts\0112\ 1104\MUNICIPAL\00233753.DOC/rmc
City Council Agenda Summary Sheet
Agenda Item No. 11E1.
Consider a resolution authorizing the Mayor to execute a contract with Fazzone
Agenda Caption: Construction, Inc. for the Rabb Park Restroom Building Project.
Meeting Date: October 6, 2011
Department: Parks and Recreation
Staff Person making presentation: Rick Atkins
Director of Parks and Recreation
Item Summary:
The Rabb Park Restroom Building Project will include the construction of a three (3) accessible family restroom
building to be located in Rabb Park adjacent to the Play for All Abilities Park. The building will also serve as the
restroom facilities for the future trailhead component of the Brushy Creek Regional Trail which will be located in
Rabb Park. With the anticipated high usage of the Play for All Abilities Park and Brushy Creek Regional Trail, staff
believes that a restroom facility in Rabb Park is a needed asset. Staff directed the architect to design a building with
three (3) family restrooms based on the input staff gathered during the public input process about how many special
needs children/adults require assistance when using restroom facilities. Multiple family restrooms allow multiple
children/adults needing assistance to use the facility at one time.
The project will be constructed along the same timeline as the Play for All Abilities Park with the expectation that
the restroom building will be completed prior to the opening of the Play for All Abilities Park.
Cost: Not to exceed $137,300.00
Source of Funds: General Self -Financed Construction
Date of Public Hearing (if required): N/A
Recommended Action: Approval
ITOTAL BASE BID:
Conc. Sidewalk
11- Restroom Building Construction per plans
4
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IDATE: 9/21/2011
Rabb Park Restroom Building Project
LOCATION : PARD Conference Room
'CONTRACT :
THE CITY OF ROUND ROCK
PARKS & RECREATION DEPARTMENT BIDS EXTENDED AND CHECKED
301 West Bagdad BY : AFD
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EXECUTED
DOCUMENTS
FOLLOW
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City of Round Rock. Texas Contract Forms
Standard Form of Agreement: Section 00500
City of Round Rock, Texas
Standard Form of Agreement between
Owner and Contractor
StVeAevi
AGREEMENT made as of the •p�
�—(y of 9etebcli 1►ilpGrm the year 201L.
BETWEEN the Owner:
and the Contractor
The Project is described as:
City of Round Rock, Texas (hereafter "Owner" or "City")
221 East Main Street
Round Rock, Texas 78664
Fazzone Construction Co., Inc. ("Contractor")
1302 West Blanco Road
San Antonio, TX 78232
Rabb Park Restroom Building Project, construction of a
restroom building containing three (3) family restrooms,
minor utility work and site improvements
The Engineer is: BWM Group
102 E. Main, Suite 200
Round Rock, Texas 78664
For and in consideration of the mutual terms, conditions and covenants of this Agreement and all
accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby
acknowledged, Owner and Contractor agree as follows:
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.
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.
00500 7-2010 Page 1 of 5 Standard Form of Agreement
00196575
ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF
FINAL 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.
3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed.
3.3 Contractor shall commence Work within ten ( 10 ) calendar days
from the date delineated in the Notice to Proceed.
3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this
Agreement no later than sixty ( 60 ) calendar days from issuance by Owner of Notice to Proceed,
and Contractor shall achieve Substantial Completion of the entire Work no later than
sixty , ( 60 ) calendar days from issuance by Owner of Notice to Proceed, subject to
adjustments of this Contract Time as provided in the Contract Documents.
3.5 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 Two Hundred Fifty and
No/100 Dollars (S 250.00 ) 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 Owner shall have the option to either collect
liquidated damages as set forth herein or to 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.
3.6 Contractor shall achieve Final Completion of the entire Work no later than seventy-five
( 75 ) calendar days from issuance by Owner of Notice to Proceed.
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 One Hundred Thirty-seven Thousand Three Hundred and No/100 Dollars
($ 137,300.00 ) 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:
Page 2 of 5
ARTICLE 5 PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor, and Certificates for
Payment issued by Engineer and not disputed by Owner and/or Owner's lender, Owner shall make progress
payments on account of the Contract Stun to Contractor as provided below, in Article 14 of the City of Round Rock
General Conditions, 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.
5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer 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 Engineer and Owner
after the application date fixed above, payment shall be made by Owner not later than one month after the Engineer
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 Engineer and Owner may require. This schedule, unless objected to by
Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment.
5.1.5 Applications for Payment shall 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 provided in Article 14 of the City of Round Rock General Conditions.
5.1.7 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, and to satisfy other requirements, if any, which extend beyond final payment; and
.2 a final Certificate for Payment has been issued by Engineer.
5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of
Engineer's final Certificate for Payment. 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 shall not
be treated as warranty items.
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round
Rock General Conditions.
Page 3 of 5
6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General
Conditions.
ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS
7.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement
between Owner and Contractor, as modified.
7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as
modified.
7.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project
Manual dated September 2011
7.1.4 The Specifications are those contained in the Project Manual dated September 2011
7.15 The Drawings, if any, are those contained in the Project Manual dated September 2011
7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated
September 2011
7.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, if any, are those contained in the
Project Manual dated September 2011
7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated
contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms
03000," Federally Required Contract Clauses, as modified.
7.1.9 Other documents, if any, forming part of the Contract Documents are as follows:
ARTICLE 8 MISCELLANEOUS PROVISIONS
8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that
provision as amended or supplemented by other provisions of the Contract Documents.
8.2 Owner's representative is:
8.3 Contractor's representative is:
David Buzzell, Park Development Manager
301 W. Bagdad, Suite 250
Round Rock, Texas 78664
512-341-3345
Paul Whetstone
Project Manager
paul@fazzoneconstruction.com
512-331-4484
8.4 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to
the other party.
8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.
Page 4 of 5
8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in
accordance with the bid or proposal submitted therefor, subject to proper additions and deductions, all as provided in
the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to
make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to
the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only.
8.7 Although this Agreement is drawn by Owner, both parties hereto expressly agree and assert that, in the
event of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly, and
neither more strongly for nor against either party.
8.8 This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party
with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Agreement shall be govemed by and construed in accordance with the laws and
court decisions of the State of Texas.
8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating
to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation,
any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute.
8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal
representatives for the full and faithful performance of the terms and provisions hereof.
This Agreement is entered into as of the day and year first written above and is executed in at least three (3)
original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the
Contract, and the remainder to Owner.
CIr t)yy ROUND OCK, TEXAS
�
Printed Name: f%� , MJ
Title
Date Signed: l 771 t
ATTEST:
czio-via iqoor
City Secretary
FO ' , APIRO
City
Title:
President
Date Signed: 11(,) g —
Page 5 of 5
00600 INSURANCE AND
CONSTRUCTION BOND FORMS
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
105680028
PERFORMANCE BOND
§
§ KNOW ALL BY THESE PRESENTS:
That Fazzone Construction Co., Inc. of the City of San Antonio County of
Bexar , and State of Texas , as Principal, and orfave erica asualty and Surety Company
authorized under the law of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of
One Hundred Thirty -Seven Thousand, Three Hundred & no/100-Dollars ($ 137,300.00 ) for
the payment whereof, well and truly to be made the said Principal and Surety bind themselves,
and their heirs, administrators, executors, successors and assigns, jointly and severally, by these
presents:
WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the
.3"41. day of .r/"6114.-+ , 2011 to which the Agreement is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein consisting of: Rabb Park Restroom Building Project
(Nance of the Project)
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said
Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
Agreement, agreed and covenanted by the Principal to be observed and performed, including but
not limited to, the repair of any and all defects in said work occasioned by and resulting from
defects in materials furnished by or workmanship of, the Principal in performing the Work
covered by said Agreement and occurring within a period of twelve (12) months from the date of
Final Completion and all other covenants and conditions, according to the true intent and
meaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation
shall be void; otherwise to remain in full force and effect;
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
00610 7-2009
00090656
Page 1
Performance Bond
PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the tern of the Agreement, or to the Work pert -limed thereunder, or the Plans,
Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Agreement, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this 18th day of October , 70 11
Travelers Casualty and Surety
Company of America
Fazzone Construction
Co., Inc.
Principal
Printed Na
By:
Title:
Address:
anco Road
Surety
Linda K Edwards
Printed Name
By ASdik11_
Title: torney-in-Fact
Address: 9601 McAllister Freeway, Suite 900_
San Antonio, TX 78232 San Antonio, TX 78216
Resident Agent of Surety:
Signature
Robert C Fricke
Printed Name
7600-B N Capital of Texas Highway Suite 200
Street Address
Austin, TX 78731
City, State & Zip Code
untiui 7-2.00
001190656
Page 2
Performance Bond
#105680028
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
PAYMENT BOND
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
ThatFazzone Construction Co., Inc. of the City of San Antonio County of
Bexar , and State of Texas as Principal, and Travelers Casualty and Surety Company
authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held
and firnily bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors,
workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have
the right to sue upon this bond, in thepenal sum of
One Hundred Thirty -Seven Thousand, Three Hundred & no/100
Dollars
($ 137,300.00 ) for the payment whereof, well and truly be made the
said Principal and Surety bind themselves and their heirs, administrators, executors, successors,
and assigns, jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated
the ..i._ day of {,� 20 11 to which Agreement is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein consisting of: Rabb Park Restroom Building Project
(Name of the Project)
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers,
all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies
and materials done and furnished for the construction of the improvements of said Agreement,
then this obligation shall be and become null and void; otherwise to remain in full force and
effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
00620 7-2009
00090656
Page 2
Payment Bond
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement, or to the Work performed thereunder, or the plans,
specifications or drawings accompanying the sane shall in anywise affect it's obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument
this 18th day of October , 20 11
Fazzone Construction Co., Inc.
Travelers Casualty and Surety Company of America
Principal Surety
Linda K Edwards
dh � vAdle
Printed Na ta
j r ,
1
1.1_ = anco Road
By:
Title:
Address:
San Antonio, TX 78232
Resident A ent of Suret •
Signature
Robert C Fricke
Printet ame
OAS t tat.
orney-in-Fact
B
Title.
Address: 9601 McAllister Freway, Suite 900
San Antonio, TX 78216
Printed Name
7600-B N Capital of Texas Highway, Suite 200
Street Address
Austin, TX 78731
City, State & Zip Code
00620 7.'009
00090056
Page 2
Payment Bond
1
AWRbe CERTIFICATE OF LIABILITY INSURANCE
DATE (MMI 0/"11""")
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIt
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE;
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZE[
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
TX - Milton 0. Johnston and Company, Ltd
14610 Falling Creek Dr
Houston TX 77068
INSURED
Fazzone Construction Company Inc; Fazzone
Builders Inc dba Southwest Monument
1302 W. Blanco Rd.
San Antonio TX 78232
ACT
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- _ INSURERM AFFORDING COVERAGE
INSURERA: MSA INSURANCE COMPANY
INSURER MSA INSURANCE COMPANY
INSURER C: _
INSURER o__
INSURER E :
INSURER F :
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COVERAGES
CERTIFICATE NUMBER:
THIS
INDICATED.
CERTIFICATE
EXCLUSIONS
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DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (AMaah ACORD 101, Additional Remarks Sebedule,
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CERTIFICATE HOLDER
City Manager
Cityof Round Rock
221 E. Main Street
Round Rock
TX
78664
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
ACORD 25 (2009/09)
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