R-12-10-25-H7 - 10/25/2012 RESOLUTION NO. R-12-10-25-H7
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WHEREAS, the City of Round Rock has previously determined in Resolution No. R-11-08-
25-9D1 that "Competitive Sealed Proposal" is the delivery method which provides the best value for
the City for construction the 615 Palm Valley Boulevard Project, and
WHEREAS, after advertising for and receiving proposals from offerors, the City of Round
Rock determines that J. Jacobs Construction 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
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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 J. Jacobs
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Construction, and wishes to enter into a "Post-Proposal Negotiated Amendment" with J. Jacobs
Construction 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
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hereby finds that J. Jacobs Construction 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 J. Jacobs Construction and a"Post-Proposal Negotiated Amendment" with J. Jacobs Construction
for construction of the 615 Palm Valley Boulevard Project.
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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
0:\wdox\SCC1nts\0112\1204\MUNICIPAL\00260432.DOC/rmc
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. F
RESOLVED this 25th day of October, 2012.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Clerk
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IrROUND ROCK,TEXAs City Council Agenda Summary Sheet
PURPOSE.PASSION.PROSPERITY.
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Agenda Item No. H7.
Consider a resolution authorizing the Mayor to execute a construction contract with J.
Agenda Caption: Jacobs Construction for the 615 Palm Valley Project. }
Meeting Date: October 25, 2012
Department: General Services
Staff Person making presentation: Chad McDowell
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General Services Director ='
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Item Summary:
Demolition and complete interior remodel of building and certain supporting features located on the site of the 615
East Palm Valley Blvd Campus project.
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The City requested Competitive Sealed Proposals for the 615 East Palm Valley Blvd Campus project. Nine proposals
from general contractors were received and J Jacobs Construction of Georgetown was named the number one
proposer. All nine proposals were more than the estimated budget for the project. After naming J Jacobs
Construction the number one proposer we have been able to meet with them and value engineer the project and to
bring it within our budget.
Original proposal from J.Jacobs-$5,199,492.00
Value Engineer final contract amount-$3,822.016.00
Cost: $3,822,016.00
Source of Funds: 2007 General Obligation Bonds and General Self-Financed Construction
Recommended Action: Approval
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Standard Form of Agreement Between Owner and
f Contractor where the basis of payment is a STIPULATED SUM
Based on AIA Document A101 -1997
1997 Edition -Electronic Format 3
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THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY 15
ENCOURAGED WITI1 RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS
I ELECTRONICALLY DRAFTFD AIA DOCUMENT MAYBE. ADE BY USING AIA DOCUMENT D401.
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AIA Document A201-1997,General Conditions of the Contract for Construction,is adopted in this document by eference.Do r
not use with other general conditions unless this document is modified.
"['his document has been approved and endorsed by The Associated General Contractors of America. F
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 Stales and will subject the violator to legal prosecution.
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AGREEMENT made as of the day of L in the
year 2012.
(In words,indicate day,month and year)
BETWEEN the Owner: City of Round Rock,Texas i
(Name,address, other information) 221 East Main Street
i Round Rock,Texas 78664 i
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and the Contractor J Jacobs Construction,LLC
1 (Name,address, other information) 3613 Williams Drive,Suite 102 i
Georgetown,Texas 78628
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The Project is: Demolition and complete interior remodel of buildings and certain
supporting features located on the site of the 615 East Palm Valley
Boulevard Campus Project,Round Rock,Williamson County,Texas.
The Architect is: KA Hickman Architects and Interior Designers
(Name,address,other Information) 615 East Palm Vallev Boulevard
Round Rock,Texas 78664
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Owner and Contractor agree as follows:
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ARTICLE I THE CONTRACT DOCUMENTS
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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 j
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. 4
ARTICLE 2 THE WORK OF THIS CONTRACT
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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.
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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 o connuencenient l it di ers rola the dale o this A r eenrent o►•,r applicable,state that the date will be frxed in
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a Notice to Proceed.)
Date of commencement shall be fixed in a Notice to Proceed issued by Owner, and Contractor shall commence
Work within ten(10)calendar days fiom the date delineated in the Notice to Proceed.
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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:
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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 commencingthe
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
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3:2 The Contract Time shalt be measured from tine date ofcommencement fixed by the Notice to Proceed.
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(270)calendar days from issuance by Owner of Notice to Proceed,and C:oniractor Shall achieve Final Completion of 4
the entire Work no later than Two Hundred Seventy (270) calendar days ft•om issuance by Owner of Notice to
Proceed,
(Insert number of calender days.Alternafivel); a calendar date van-be used when coordinated with the date oJ'colmnlencelnellt. Y
117t1ess stated elsewhere in the c'antrart 1)octilnerits, invert any ieattirewelnt.P f01' earlier .ti n[tJstCflntial 1,0llrlJteti(Iln of L'e!'lCllii
portions ufthe H16A.)
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Subject to adjustments or this Contract T line as provided in the Contract Documents.
(Insert provisions, if'any;for liquidated drvnages relating to failure to coinplele on finte or for bonits pN;inemq for early E
completion of the 14101-k)
3.4 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before die
date(s) specifteci for Substantial Completion iu the Agreement, Contractor shall pay to Owner, as liquidated
damages, the Sum of One Thousand and No/100 Dollars ($1,000.00) for each calendar day that Substantial
Completion is deiaved after tine dates)specified for Substantial Completion. it is hereby agreed that tine liquidated z
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 or tile Work(or any portion thereon on
or before the date(;)specified for Substantial Completion in the Agre'etnent. It is agreed that the harm that would be
caused by such failure, which includes loss of expected use of tfte Project areas, provision or alternative storage
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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 a
I 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.
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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 THREE MILLION EIGHT HUNDRED TWENTY-TWO THOUSAND
SIXTEEN DOLLARS AND 00/100($3,822,016.00),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. /f 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 f
date when that amount expires)
None.
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4.3 Unit prices,if any,are as follows: Not applicable.
ARTICLE 5 PAYMENTS
5.1 PROGRESS PAYMENTS k
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 k
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 i
Architect Feesives the Application issues a Certificate for Payment.
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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 E
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.
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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
(50/6). 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;
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.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 (Op,-4
appfeyed by the owner-, suitably stored -11 0-e-si— at a losation a&Feed upon i
Wdkg),less retainage of five(5)percent.
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.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
the full amouninety-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 DoctnuentA201-1997 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.
5.1.8 Redudien or- itat4en of fetahiago,if any,shall be as folio
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(If it is intended, prior to Substantial Completion of the entire frock, to reduce or limit the retainage resulting from the
percentages insetted in Clauses 5.1.61 and 5.1.6 2 above,and this is not explained elsetivhere in the Conti-act Documents, insert
here provisionsfor such reduction or limitation)
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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: r
.1 Contractor has filly 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, er--as--fellews: 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
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payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment and s
not treated as warranty items.
ARTICLE 6 TERMINATION OR SUSPENSION
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6.1 The Contract may be terminated by Owner or Contractor as provided in Article 14 of AIA Document
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A201-1997.
6.2 The Work may be suspended by Owner as provided in Article 14 of AIA Document A201-1997.
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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 Gentra iall beaf iRteFest from" date payment is due at the Me
stated bele,*,or in the absence thereef-,at the legal rate prevailing from tirae to time at the place whem the Proj
leeated.
(Insert rate of interest agreed upon, if any.) t
Undisputed final payment due and unpaid under the Contract Documents shall bear interest fionr 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 Trudy in Lending Act,similar state and local consumer credit lmvs and other
regrdations at Owner's and Conh•actor's principal places of business, the location of the Project and elseivitere 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: Larry Madsen r'
I (Name,address,other Informallon) Construction Manager
I 212 Commerce
Round Rock,Texas 78664
7.4 Contractor's representative is: Larry Ingram
Vice President,J Jacobs Construction,LLC ;
3613 Williams Drive,Suite 102
Georgetown,Texas 78628
7.5 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to
the other party.
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ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS
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8.1 The Contract Documents,except for Modifications issued after execution of this Agreement as set forth in E
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 "City of Round Rock Contract Forms 00700," General Conditions, as
i modified.
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8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated
July 5,2012.
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8.1.4 The Specifications are those contahied in the Project Manual dated July 5,2012.
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8.1.5 The Drawings are those contained in the Project Manual dated July 5,2012.
8.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated
July 5,2012.
8.1.7 The Notice to Bidders,Instructions to Bidders, Bid Form, and Addenda,if any,are those contained in the
Project Manual dated July 5,2012.
' 8.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated
contract clauses, in the "City of Round Rock Contract Forms
such federally required clauses are those contained
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03000,"Federally Required Contract Clauses,as modified. r
8.1.9 Other documents,if any,forming part of the Contract Documents are as follows:
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unients. AIA
(List here any additional documents that are intended to
orrinv t of the out actInstr�lions to Bidders,
provides
ment A201-1997
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Conn actor'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)
Post-Proposal Negotiated Amendment
ARTICLE 9 CITY OF ROUND ROCK PROVISIONS
9.1 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.
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9.2 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 f
- make payments on account thereof as provided therein. Lack of funds shall rendes 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.
f 9.3 Although this Agreement is drawn by Owner, both parties hereto expressly agree and assert that, in the
I 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.
9.4 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 Y
Williamson County,Texas. This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
9.5 Both parties hereby exprepaes arising out of or relating
arbitration
ssly agree that no claims or tvitnctuding without limitation,
to this Agreement or a breach thereof shall be decided by an proceeding,
any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. r
9.6 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal
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ful performance of the terms and provisions hereof.
representatives for the full and faith
This Agreement is entered into as of the day and year first written above and is executed in at least three E
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.
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OWNER CONTRACTOR
CITY OF ROUND ROC ,TEXAS J JACOBS CONSTRUCTION,LLC
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By. By
Printed Na e• _ Printed Name:
Title: Title:
Date Sign Date Signed:
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FOR CITY,ATTEST:
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Sara White,City Clerk
FOR1 ,APP OVED TO FORM: f
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Step an Sheets,City Attorney
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POST-PROPOSAL NEGOTIATED AMENDMENT
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CITY OF ROUND ROCK
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STATE OF TEXAS KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON
COUNTY OF TRAVIS
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 J Jacobs Construction, LLC, with offices located at 3613 Williams Drive, Suite 102,
Georgetown,Texas 78628(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 demolition and complete
interior remodel of buildings and certain supporting features located on the site of the 615 East Palm {
Valley Boulevard Campus Project,Round Rock,Williamson County,Texas,and
WHEREAS,Texas Local Government Code Section 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 x
associated with the modification,"acid
WHEREAS,such post-proposal negotiations were held and did result in certain changes to scope k
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. r
IN WITNESS WHEREOF, the City and the Contractor have executed this "Post-Proposal
Negotiated Amendment"in triplicate originals. `
OWNER: PROPOSER:
CITY OF UND CK,TEXA J JACOBS CO�iSTRUCTION,LLC.
By: By: E
Printed Na e: VI Printed Name: r'l' A) s
Title: Title:
Date Signed- Date Signed:
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FOR CITY,ATTEST-
Sara L.White,City C erk
FOR C Y,APPROV D AS TO FORM:
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Steph n . Sheets,City Attorney
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ATTACHMENT 1
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Amendment Date: October 25,2012
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Changes to scope and price changes associated with post-proposal negotiated modifications to the
Drawings and Specifications issued for the City of Round Rock 615 East Palm Valley Boulevard Campus
Project, Round Rock, Williamson County, Texas, as drawn by KA Hickman Architects and Interior
Designers:
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.
Original Proposed Amount $5,199,492.00
Final Negotiated Amount $3,822,016.00
g - Net Savings from Original Proposed Amount $1,377,476.00
Scope was changed by City electing to not remodel all four buildings on the site, as had been originally
planned. Building A will now be demolished, and Building B will now be remodeled for occupancy by
the Municipal Court. An additional parking lot, not originally planned, will now be built on the site
occupied by the demolished Building A. r
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Remove Building A from remodel;demolish Building A;replace Building A with parking lot:
' Original Proposal $5,199,492.00
Omit remodel Building A;demolish Building A -($1,411,106.00)
Build parking lot on site of demolished Building A 33 630.00
TOTAL: $3,822.016.00
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Negotiated Pricing
Demolition of Building A $ 12,350.00
New Parking Lot on site of demolished Building A $ 33,630.00
Site Work $ 519,244.00
Remodel of Building B $1,577,431.00
fi Remodel of Building C $1,187,638.00 F
Remodel of Building D $ 56,345.00
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Rainwater Reclamation Allowance $ 55,000.00 g
Contingency Allowance $ 150,000.00
General Conditions,Insurance,Bonding,Fees $ 230,378.00
TOTAL: $3,822,016.00
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Listing of Special Items Allowances in Above Pricing
Original Pricing Negotiated Pricing
Elevator Allowance $ 50,000.00 $ 60,000.00
Audio Visual Allowance $ 75,000.00 $ 45,000.00 s
IT/Data Cabling Allowance $ 60,000.00 $ 35,000.00
Antenna Removal Allowance $ 25,000.00 $ 5,000.00 r
Signage/Entry Allowance $ 75,000.00 $ 35,000.00
Rainwater Reclamation Allowance $ 0 $ 55,000.00
Contingency Allowance $100,000.00 $150,000.00
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Bond #4374816
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PERFORMANCE BOND
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THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS: f
3 COUNTY OF WILLIAMSON §
That JJSR LLC db. JJacobs Construction, LLC of the City of Georgetown , County of
Williamson , and State of Texas , as Principal, and SureTec Insurance Company
authorized under the law of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto THE CITY OF ROUND ROCK,TEXAS,
QQ(Owner), in the penal sum of }
Three Million Eight Hundred Twenty-Two Thousand Sixteen and No/100Dollar$ (p 3,622,016.00 ) 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
25th day of October 2012 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: 615 E Palm Valley Campus Renovations, Round Rock, TX
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(Name 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 a
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.
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00610 7-2009 Performance Bond
00090656
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PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the term of the Agreement, or to the Work performed 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.
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IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this 25th day of October , 2012
JJSR LLC dba JJacobs Construction, LLC SureTec Insurance Company
Principal Surety
gEmily Mikeska
Printed T Taffie Printed Nam
By: ��� .-LC � -- By: f/�'ZALltr
Title: -C.r Title: orney-In Fac
Address: 3613 Williams Drive #102 Address: 1023 Canyon Creek Drive, Suite 110
s Temple, TX 76502 a
Georgetown. TX 78628 _
Residen Age
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Signa r
John and
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Printed Name
P. O. Box 179 g
Street Address
3
Gatesville, TX 76528
City, State &Zip Code
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00610 7-2009 Performance Bond 6
00090656
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PAYMENT BOND Bond #4374816
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THE STATE OF TEXAS §
I § KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
IThat JJSR LLC dba JJacobs Construction LLC, of the City of Georgetown , County Of '
Williamson and State of Texas as Principal, and SureTec Insurance Company
authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held
and firmly 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 the penal sum of
IThree Million Eight Hundred Twenty Two Thousand Sixteen and No/100 Dollars
($ 3,822,016.00 ) 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: `
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WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated
the 25th day of October , 2012, 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: 615 E Palm Valley Campus Renovations, Round Rock, TX
(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 f
1
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.
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00620 7-2009 Payment Bond
00090656
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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 same 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 25th day of October , 2012
s
JJSR LLC dba JJacobs Construction, LLC SureTec Insurance Company
Prin2pal Surety
re—a— Emily Mikeska
Printed Name Printed Nam
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By: By:
Title: ��.� r.o f Title; ttorney-In- act _
Address: 3613 Williams Drive #102 Address: 1023 Canyon Creek Drive, Suite 110
Georgetown, TX 78628 Temple, TX 76502 #;
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Resid t A of Surety:
Sig re
# ■ R. Ward
3 Printed Name 3
P. O. Box 179
Street Address
Gatesville, TX 76528
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00620 7-2009 Payment Bond
00090656
Client#:3332 JAMEHJA
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
10/16/2012
A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED ('
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
i IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed.If SUBROGATION IS WAIVED,subject to
a 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
CONTACT
Ward&Moore Ins Services LP NAME` I
A"c°IN Ext:254 771-5700 Fvc No; 254 771 AX -5710 f
1023 Canyon Creek Dr,Ste 110 E-MAILss:
254 771-57700 cwilliamson@ward-moore.com
Temple, 76502 INSURER(S)AFFORDING COVERAGE NAIC#
INSURER A:The Cincinnati Indemnity Co 23280
INSURED INSURER B:Texas Mutual Insurance Company 22945
J Jacobs Construction LLC
Attn:Julie Rachui -INSURER C:The Cincinnati Ins Co 10677
3613 Williams Drive,Suite 102 INSURER D
s
'F Georgetown,TX 78628 INSURER E
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: '.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR TYPE OF INSURANCE ADOL SUB POLICY EFF POLICY EXP ;
INSR WVD POLICY NUMBER MM/DD/YYYY MM/DDIYYYY LIMITS (..
y A GENERAL LIABILITY ENP0102416 6/29/2012 06/29/2013 EACH OCCURRENCE $1,000,000
DAMAG
ET RENTED
X COMMERCIAL GENERAL LIABILITY PREMISES Ea occunence $100,000 },
CLAIMS-MADE �OCCUR MED EXP(Any one person) $10,000 )
X PD Ded:2,500 PERSONAL&ADV INJURY $1,000,000
GENERAL AGGREGATE $2,000,000
e
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 ,
POLICY X JEQ LOC $ '
C AUTOMOBILE LIABILITY EBA0102417 6/29/2012 06/29/201 COMBINED SINGLE LIMIT
Ea accident 1,000r000
X ANY AUTO BODILY INJURY(Per person) $ :
ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ �.
AUTOS AUTOS
NON-OWNED
X HIRED AUTOS X AUTOS PROPERTY DAMAGE $ (...
Per accident
i
$
A X UMBRELLA LIAB X OCCUR ENP0102416 6/29/2012 06/29/201 EACH OCCURRENCE s5,000,000 ).
EXCESS LIAB CLAIMS-MADE AGGREGATE s5,000,000
DED X RETENTION$O $
B WORKERS COMPENSATION Y/N TSF0001192617 6/29/2012 06/29/201 X WC STATU- OTH-
AND EMPLOYERS'LIABILITYFR
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED? � N/A
(Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
Y
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
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DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required)
Additional Insured endorsements on the General Liability,Auto Liability and Umbrella Liability attached
(when required by written contract agreement)
Waiver of subrogation endorsements on the General Liability,Auto Liability,Workers Compensation and
Umbrella Liability attached(when required by written contract agreement)
30 day endorsements on the General Liability,Auto Liability and Umbrella Liability attached (when required r
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION
City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN i
City Manager ACCORDANCE WITH THE POLICY PROVISIONS.
221 E.Main Street I
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Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE
i
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CORD CORPORATION.All rights reserved. g
ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD
#S90294/M86202 CLS
(