CM-2026-027 - 1/16/2026 FIRST AMENDMENT TO
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
THIS FIRST AMENDMENT TO STANDARD FORM OF AGREEMENT BETWEEN OWNER
AND CONTRACTOR (the "First Amendment") is dated and entered into as of the /�,,� day of
_ . 2026, by and between the City of Round Rock, Texas (hereinafter "Owner"), with
offices leted at 221 East Main Street, Round Rock, Texas 78664, and Royal Vista, Inc., with offices
located at 350 CR 260,Liberty Hill,Texas 78642(hereinafter"Contractor").
RECITALS
WHEREAS, on October 2,2024,Owner and Contractor executed a Standard Form of Agreement
between Owner and Contractor for the Round Rock West Area 5 Water, Wastewater, and Storm Drain
Improvements Project(the"Agreement"); and
WHEREAS, the Agreement incorporates the General Conditions governing the rights and
obligations of the parties;and
WHEREAS,the General Conditions currently allow for a one-year warranty period commencing
upon Final Completion of all Work;and
WHEREAS,the Owner and Contractor desire to extend the warranty period for an additional year
for a total of two(2)years for a specific portion of work set forth herein; and
WHEREAS,Owner and Contractor desire to amend a provision of the General Conditions only,
as set forth below;
NOW THEREFORE IN CONSIDERATION of the mutual covenants and agreements herein
contained, the sufficiency of which are hereby conclusively acknowledged, and subject to the terms and
conditions hereinafter set forth,Owner and Contractor mutually agree as follows:
ARTICLE I
AMENDMENTS
Section 1.01. All recitals set forth above are incorporated herein.
Section 1.02. In Article 13, § 13.7, Warranty Period, the following section § 13.7.1 shall replace the
existing section:
13.7 Warranty period:
13.7.1 If, at any time after the date of Substantial Completion or such longer period of time as may be
prescribed by laws or regulations or by the terms of any applicable special guarantee required by the
Contract Documents or by any specific provision of the Contract Documents, any Work,excluding the
pavement section between station 10+00 and 13+00 on Lime Rock Drive, is found to be defective, the
CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the
OWNER's written instructions:
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(i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site
and replace it with Work that is not defective, and
(ii) satisfactorily correct or remove and replace any damage to other Work or the work of others
resulting therefrom.
If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency
where delay would cause serious risk of loss or damage, the OWNER may have the defective Work
corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused
by or resulting from such removal and replacement (including but not limited to all costs of repair or
replacement of work of others and all consultant, expert and attorney's fees incurred by OWNER) will be
paid by the CONTRACTOR.
13.7.2 If, at any time within two (2) years of the date of Final Completion, the Work specifically consisting
of the pavement section between station 10+00 and 13+00 on Lime Rock Drive, is found to be defective,
the CONTRACTOR shall promptly, without cost to the OWNER and in accordance with the OWNER's
written instructions:
(i) correct such defective Work, or, if it has been rejected by the OWNER, remove it from the site
and replace it with Work that is not defective, and
(ii) satisfactorily correct or remove and replace any damage to other Work or the work of others
resulting therefrom.
If the CONTRACTOR does not promptly comply with the terms of such instructions, or in an emergency
where delay would cause serious risk of loss or damage, the OWNER may have the defective Work
corrected or the rejected Work removed and replaced, and all claims, costs, losses and damages caused
by or resulting from such removal and replacement (including but not limited to all costs of repair or
replacement of work of others and all consultant, expert and attorney's fees incurred by OWNER) will be
paid by the CONTRACTOR.
Section 1.03. Any other references to "warranty period" throughout the General Conditions and other
Contract Documents shall be construed as being consistent with the Warranty Period for the Work set forth
in Section 13.7 above.
ARTICLE II
MISCELLANEOUS
Section 2.01 To the extent necessary to affect the terms and provisions of this First Amendment, the
Agreement is hereby amended and modified.In all other respects,the aforesaid Agreement is hereby ratified
and confirmed.
Section 2.02 This First Amendment may be executed in counterparts,each of which shall be an original
and all of which together shall constitute but one and the same instrument.
[Signatures on the following page.]
IN WITNESS WHEREOF, the Parties hereto have caused this First Amendment to be duly
executed as of the day and year first above written.
CITY OF ROUND ROCK,TEXAS ROYAL VISTA,INC.
By: By:c
Printed Name: /t T / Printed Name:
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Title: C,i-y .Maiv9er _ Title: V
Date Signed: _ L J1W ZQZb Date Signed: (l4Vo 2t ,
ATTEST:
By:
Ann Franklin,City Clerk
FOR CITY,APPROVED AS TO FORM:
By: Texas Materials
Stephanie L. Sandre,City Attorney
/1, ,APA (aVA
Print Name
Signature
Date