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R-04-02-12-14D4 - 2/12/2004A RESOLUTION NO. R -04-02-12-14D4 WHEREAS, the City of Round Rock has previously determined in Resolution No. R -03-03-27-9G3 that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of the Senior Activity Center and Underground Parking Garage, and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determined in Resolution No. R -03-12- 04-8C2 that C.P. Snider Construction Co., Inc. 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 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 C.P. Snider Construction Co., Inc., and wishes to enter into a "Post -Proposal Negotiated Amendment" with C.P. Snider Construction Co., Inc. outlining the above -referenced changes and modifications, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CTTY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a "Standard Form of Agreement Between Owner and (@PFD.loop\::ODMNWORLI)OX/O:/WDOX/RFSOLUTUR40212D4.WPD,'�, Contractor Where the Basis of Payment is a Stipulated Sum" with C.P. Snider Construction Co., Inc. and a "Post -Proposal Negotiated Amendment" with C.P. Snider Construction Co., Inc. for construction of the Senior Activity Center and Underground Parking Garage, copies of same being attached hereto as Exhibit "A" and Exhibit "B" 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. RESOLVED this 12th day of February, 2004. Mayo ATTEST: City of Round Rock, Texas a Al�t�1 R. Vad�v� CHRISTINE R. MARTINEZ, City Secre ary 2 EXHIBIT Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document Al 01 -1997 1997 Edition -Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. 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 States and will subject the violator to legal prosecution. AGREEMENT made as of the twelfth (12th) day of February in the year of 2004. (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) and the Contractor (Name, address, other information) The City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 C. P. Snider Construction Co., Inc. Post Office Box 90818 Austin, Texas 78709 The Project is: One story building with two levels of underground parking below. The total (Name and location) estimated budget shall be $5,795,226.00, and said building is to be designated as the "Senior Activity Center" located on Bagdad Avenue, Round Rock, Williamson County, Texas. The Architect is: Spencer Godfrey Architects (Name, address and other information) 1106 South Mays Street, Suite 220 Round Rock, Texas 78664 AIA DOCUM ENT A 101 - OWNER - CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: 01A10LCON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #1 The 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 The 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. 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 the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a Notice to Proceed.) Date of commencement shall be fixed in a Notice to Proceed issued by the Owner, and date of completion shall be four hundred twenty (420) calendar days following date of issuance of Notice to Proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: Unless the date of commencement is established by a Notice to Proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days before commencing the 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 approval. 3.2 The Contract Time shall be measured from the date of commencement 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than four hundred twenty (420) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) AIA DOCUMENT A101 -OWNER -CONTRACTOR AGREEMENT- 1997 EDITION - AIA - COPYRIGHT 1997- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: 01A10LCON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #2 3.4 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 One Thousand and No/ 100 Dollars ($1,000.00) 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 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 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. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five Million Seven Hundred Ninety-five Thousand Two Hundred Twenty-six and No/100 Dollars ($5,795,226.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) 4.3 Unit prices, if any, are as follows: ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect and Owner by the Contractor and Certificates for Payment issued by the Architect and not disputed by Owner and/or Owner's lender, the Owner shall make progress payments on account of the Contract Sum to the 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 the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the Architect and Owner, and the Architect issues a Certificate of Payment not later than the tenth (10th) day of a month, the Owner shall make payment to the Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by the Architect and Owner after the application date fixed above, payment shall be made by the Owner not later than one month days after the Architect issues a Certificate for Payment. ALA DOCUMENT A101 -OWNER -CONTRACTOR AGREEMENT - 1997 EDITION - AIA - COPYRIGHT 1997- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: 0lAl0l.CON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #3 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the 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 the Architect and Owner may require. This schedule, unless objected to by the Architect or Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indieate 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 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 (5%). Pending final determination of cost to the 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; .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 stored off the site at a location agieed upon in writuiig), less retainage of five percent (5%). .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the 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 atnotnij ninety percent (90%) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such Work and unsettled claims; and (Subparagraph 9.8.5 of AIA Document A201-1997 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 the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997. (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.1.61 and 5.1.6 2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) 5.1.9 Except with the Owner's prior written approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. AIA DOCUMENT A10 I - OWNER -CONTRACTOR AGREEMENT -1997 EDITION -AIA- COPYRIGHT 1997- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: 01A101.CON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #4 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the 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 the Architect. 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, or as 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 the Contractor prior to final payment and not treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. 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 Pwyments due and unpaid tmde. the 6ontraet shall bear interest fiont the date paynient is due at the rate stated below, Or in the absenee thereof-, at the legal rate pi evailing &om time to time at the plaee where dte PI ojeet is loented. (Insert rate of interest agreed upon, if any.) Undisputed final payment due and unpaid under the Contract Documents shall bear interest from 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 Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere 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 The Owner's representative is: Larry Madsen (Name, address and other information) Construction Manager Liaison, Public Works 2008 Enterprise Round Rock, Texas 78664 7.4 The Contractor's representative is: Paul Snider (Name, address, and other information) C. P. Snider Construction Co., Inc. Post Office Box 90818 Austin, Texas 78709 AIA DOCUMENT A101 -OWNER -CONTRACTOR AGREEMENT - 1997 EDITION -AIA- COPYRIGHT 1997- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission ofthe AIA and can be reproduced without violation until the date ofexpiration as noted below. Electronic Format A101-1997 User Document: OlAl01.CON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #5 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten (10) days' written notice to the other party. 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement as set forth in 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 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997, as modified therein. 8.13 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated, and are as follows: Document Title Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Pages Number Title Date 8.1.6 The Addenda, if any, are as follows: Number Date Pages AIA DOCUM ENT A 101 - OWN ER -CONTRACTOR AGREEMENT - 1997 EDITION -AIA- COPYRIGHT 1997- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: OlAlOLCON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #6 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor'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) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CONTRACTOR CITY OF ROUND ROCK, TEXAS C.P. SNIDER CONSTRUCTION CO., INC. By: By: Nyle Maxwell, Mayor Paul Snider, Owner ATTEST: By: Christine R. Martinez, City Secretary AIA DOCUMENT A10 I - OWNER -CONTRACTOR AGREEMENT - 1997 EDITION -ALA - COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: 0lAl0l.CON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #7 CERTIFICATE 01' LIABILITY INSURANCE PRODUCER C.A. Schutze Agency PO Box 3547 Austin, Texas 78764 Date: January 26, 2004 COMPANIES AFFORDING COVERAGE A West American Insurance Company B Ohio Casualty Insurance Company INSURED C.P. Snider Construction Co., Inc.0 PO Box 90818 Austin, Texas 78709 D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO 'TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL. LIABILITY BKW(04) 52147416 GENERAL AGGREGATE $ 2,000,000 A 4-1-03 4-1-04 PRODUCTS-COIF/OP AGG. $ 2,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 100,000 MED. EXPENSE (Any one person) $ 10,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 A BAW5 214 7416 BODILY INJURY (Per person) $ 4-1-03 4-1-04 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ B LRl CJJ L1AliILI I Y BXO (04) 52147416 EACH OCCURRENCE $ 1 , 000 , 000 4-1-03 4-1-04 AGGREGATE $ 1,000,000 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS:- $ XWA(04) 52147416 A 4-1-03 4-1-04 EACH ACCIDENT $ 1,000,000' DISEASE - POLICY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $ 1,000,000 PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS RE: Round Rock Senior Activity Center A waiver of subrogation in favor of the City of Round Rock has been added to the workers' compensation policy. The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability and Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. ` CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 SIGNATURE OF AUTHORIZED REPRESENTATIVE Typed Name: Steve Schutze Title: Owner, C.A. Schutze Agency C.rtificateofLiabilitylnsuranceF-6 EXHIBIT - Revised 10/2002 POST -PROPOSAL NEGOTIATED AMENDMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: That this "Post -Proposal Negotiated Amendment" is made by and between the City of Round Rock, located at 221 East Main Street, Round Rock, Texas, 78664 (hereinafter referred to as the "City") and C.P. Snider Construction Co., Inc., located at Post Office Box 90818, Austin Texas, 78709 (hereinafter referred to as "Snider"). WHEREAS, the City previously selected Snider as "the offeror that offered the best value for the City based on published selection criteria and on its ranking evaluation" for construction of Senior Activity Center and underground parking garage; 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; NOW, THEREFORE, premises considered, the City and Snider hereby agree that said changes to scope and price changes associated with such modifications are contained in the attached Exhibit "A," made a part hereof by reference as though contained herein verbatim. IN WITNESS WHEREOF, the City and Snider have executed this "Post -Proposal Negotiated Amendment" in triplicate originals. OWNER: PROPOSER: CITY OF ROUND ROCK, TEXAS C.P. SNIDER CONSTRUCTION CO., INC. M. Nyle Maxwell, Mayor ATTEST: By: Christine R. Martinez, City Secretary By: R Paul Snider, Owner EEXIHIBIT 1pil 1 106 South Mays Street, Suite 220 Round Rock, Texas 78664 Phone 512.388.0677 Fax 512.388.0752 www.Mgrch.com ADDENDA POST PROPOSAL ADDENDUM 01 DATE: January 16, 2004 PROJECT: Round Rock Senior Activity Center SGAI Project # 03-002 LOCATION: 301 W. Bagdad, Round Rock, Texas NOTICE TO CONTRACTORS: A. This Addendum shall be considered part of the Contract Documents dated September 30, 2003 for the above mentioned project as though it has been issued at the same time and incorporated integrally. Should previously issued data differ, Addendum shall govern and take precedence. B. These addendum items and subsequent cost deductions or additions will be used to modify the original proposal bids. All contractors will be responsible for adjusting their bids to reflect these addendum items and allow dollar for dollar reductions or additions as specified. Please attach to the back of the Project Manual. VALUE ENGINEERING ITEMS: ITEM 1: Ceramic Tile Deletion Eliminate the patterned ceramic tile in the Lobby (rm. # 104) with the exception of the 12'X12' square around the Kiosk which will remain as shown on drawing A-2.3. This does not affect the the in the vestibule (rm. #101) which will also remain. Areas of tile removal will have carpet to match the remainder of the room in accordance with specification section 09685. Deduct - $4,368.00 ITEM 2: Quarry Tile Deletion A. Delete the quarry the scheduled in the Warming Kitchen (rm. # 121) and substitute VCT flooring in accordance with specification section 09650. Deduct - $2,036.00 B. Delete the quarry tile scheduled in the Pantry (rm. #120) and substitute VCT flooring in accordance with specification section 09650. EXHIBIT Ir D "All T11 Deduct - $995.00 Page 1 of 5 ITEM 3: Reduction of Ceramic Wall Tile A. Change height of wall tile in rooms #110 Men, #114 Women, #144 Women, and #145 Men from 72" to 48" AFF. Allow for contrasting border and field trim. Provide enamel paint above. All tile and painting will be done to maintain quality specified in sections 09300 and 09912. Deduct - $1,480.00 B. Change wall the in Unisex #112 and Unisex #153 to solid color the to 48" AFF with contrasting color bullnose cap. Provide enamel paint above and maintain quality in specifications. Deduct - $972.00 ITEM 4: Delete Pavers @ Patio Delete the pavers, sand and retention curb (curbs south of gridline K, west of gridline 6, and east of gridline 1) and substitute scored lightweight concrete. This does not affect the curb at the aerobics room window extension. Concrete will be scored in a 24" square pattern. All concrete quality controls will be strictly adhered to and remain under the supervision of the Structural Engineer. Re: Concrete Notes, S-1.1. ITEM 5: Delete pavers @Portico Deduct - $58,999.00 Delete the pavers at the Portico #100 and replace with sealed concrete and paver border similar to Porch #166. Deduct - $4,936.00 ITEM 6: Delete Waterproofing Membrane Delete the sub -surface waterproofing membrane @ the Patio #164. Maintain water -stop at curb below Aerobics room glass extension and all flashing at exterior walls for prevention of water infiltration of Senior Center interior. Deduct - $30,015.00 ITEM 7: Delete Folding Partitions Delete the folding partitions scheduled for room #124 Small Meeting Rm 1 and #129 Small Meeting Rm 2. This deduct includes the purchase and installation of the actual partitions only. The pockets between Storage rooms #125-128 shall remain as well as any structural members for supporting said partitions. Provide removable panel at pocket openings for potential future installation of partitions. Deduct - $13,313.00 ITEM 8: Delete Millwork A. Delete all millwork in Computer Rm #130. All electrical and data ports will remain as shown in electrical drawings. B. Delete Built-in Credenza in Conference Rm. #156. Deduct - $7,230.00 Page 2of5 Deduct - $2270.00 ITEM 9: Delete Wood Trim In Lobby rm. #104 delete the Y4" wood panels shown on #2, A- 2.8 and replace with painted gypsum board, color by Architect. Delete wood panels and wood trim @ coffers shown on #1 and #3, A -2.8 and replace with gypsum board banding w/ off color paint, color by Architect. All other details of coffer and light soffit face will remain as shown. Deduct - $10,765.00 ITEM 10: Delete "Greenscreen" Delete all 'Greenscreen' on South and West elevations of the open areas of the garage. Re: A- 3.1 and #'s E and E.1, A-3.2. Deduct — $12,551.00 ITEM 11: Delete Masonry Veneer On the west elevation between grid 'C' and 'J', delete masonry veneer between pilasters and replace with %" cement plaster finish. Provide 12" tall by 1" deep (extruded) feature strip at approx. 15' of height for continuation of cut stone datum line seen at all other elevations. Coordinate with Architect on exact placement, size, and construction of feature and placement of control joints. Re: Plaster details on A-3.3 for typical control joint and plaster details. Re: Window and Door head, sill, and jamb details. Re: #2, A-2.5 for placement of rigid insulation and gypsum board when installing a cement plaster finish, coordinate w/ Architect. All stone veneer and details of pilasters @ column grids will remain unchanged. Deduct - $9,153.00 ITEM 12: Revise and Delete Light fixtures A. Delete light fixture and dimmers 'D1' in rooms #116 and #123. Add simple dimmer switch for control of remaining fluorescents. B. Delete all soffit light fixtures 'Cl' in room #104. Deduct - $6,310.00 Deduct - $1,871.00 C. Revise approved light fixture package. Coordinate with Architect. Electrical consultant (JCE) must approve quality and efficiency of lighting package. Deduct - $8,500.00 D. Reduce Lighting Allowance for fixtures P1, P2, and S3 as scheduled on sheet E-8. Deduct - $2,600.00 Page 3 of 5 ITEM 13: Substitute MC Cable A. Provide MC Cable for all branch circuits in lieu of EMT. Deduct - $8,100.00 B. Provide MC Cable for homerun conduit in lieu of EMT. Deduct - $5,850.00 C. Provide MC Cable for VAV's in lieu of EMT. Deduct - $1,980.00 ITEM 14: Reduce/Delete Allowances A. Omit Structural Steel Allowance Deduct - $3,200.00 B. Omit Concrete Allowance Deduct - $9,750.00 C. Omit Reinforcing Steel Allowance Deduct - $6,000.00 D. Change Landscape and Irrigation Allowance from $50,000 to $40,000. Deduct - $10,000.00 E. Change Voice and Data Allowance from $40,000 to $30,000. F. Change Card and Security Allowance from $45,000 to $30,000. Deduct - $10,000.00 G. Change Special Interior Signage Allowance from $8,000 to $4,000. Deduct - $15,000.00 Deduct - $4,000.00 H. Change Audio Visual Allowance from $25,000 to $20,000. I. Change Kitchen Equipment Allowance from $50,000 to $35,000. Deduct - $5,000.00 Deduct - $15,000.00 J. Change Parking Garage Clearance Sign Allowance from $10,000 to $5,000. ITEM 15: Substitute Ceiling Tiles A. Change Type I ceiling tiles from Armstrong 628 to USG 4221 — 2X2. Deduct - $5,000.00 Deduct - $12,630.00 B. Change Type II ceiling tiles from Armstrong 735 to USG 7052G — 2X2. Page 4 of 5 Deduct - $1,034.00 ITEM 16: Site Demo Plan C2.01 (RFP #1) Add Extra Service Connection Add - $1,500.00 ITEM 17: Wastewater C7.01 (RFP #1) A. Delete - 270 L.F. 6" SDR — 26 Deduct - $8,100.00 B. Add — Locate Telephone/Fiber optic cable Add - $500.00 C. Add — Manhole over existing line at end run Add - $7,800.00 D. Add — Plug/Abandon existing Wastewater Line Add - $1,000.00 E. Add — Abandon/Demo Manhole — 4 feet Add - $1,500.00 F. Delete — Manhole — 4' Deep # (64) Deduct - $1,800.00 G. Delete — 142 L.F. of 8" SDR — 26 Deduct - $4,416.00 H. Add — 7 L.F. of 15" SDR — 26 Add - $700.00 I. Add — 1 Each Manhole Tie -In Add - $300.00 Page 4 of 5 J. Add — Plug/Abandon Line from W. Side Manhole K. Add —Increase 18" Steel Sleeve to 24" Diameter Add - $1,000.00 L. Add — 20 L.F. of Steel Sleeve around 6" PVC Add - 0.00 M. Add — Lower Line A for 110 L.F. Add 00 -5200. 200. N. Add —Pump/Stub for temporary ry pumping of existing ra Add -1;1,000.00 utility customers during construction. Add - $1,000.00 ITEM 18: Water Line C7.04 (RFP#1) A. Add — 1 Each Tapping Sleeve/Wet Tap (Allowance) B. Add —1 Each 12" Cap Installed C. Add —Excavate Waterline 2' Deeper D. Add — 8 Each Restrained Joints E. Add — 12 L.F. of Steel Sleeve for SDR — 14 DEDUCT AND CREDIT TOTALS TOTAL DEDUCTS — TOTAL ADD-ONS - NET REDUCTION OF ORIGINAL PROPOSAL - Add - $3,500.00 Add - $150.00 Add - $1,000.00 Add - $3,200.00 Add - $600.00 - $305,224.00 + $27,450.00 - $277,774.00 Page 5 of 5 CERTIFICATE OF LIABILITY INSURANCE PRODUCER C.A. Schutze Agency PO Box 3547 Austin, Texas 78764 Date: January 26, 2004 COMPANIES AFFORDING COVERAGE A West American Insurance Company B Ohio Casualty Insurance Company INSURED C.P. Snider Construction Co., Inc.0 PO Box 90818 Austin, Texas 78709 D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILITY BKW (04) 5214 7416 GENERAL AGGREGATE $ 2,570-0 , 000 A 4-1-03 4-1-04 PRODUCTS-COMP/OP AGG. $ 2,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 100,000 MED. EXPENSE (Any one person) S 10,000 AUTOMOBILE LIABILITY A B EXCESS LIABILITY WORKERS' COMPENSATION AND EMPLOYERS' LIAB: A XWA(04)52147416 4-1-03 PROFESSIONAL LIABILITY STATUTORY LIMITS $ EACH ACCIDENT $ 1,000,000 4-1-04 DISEASE - POLICY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS RE: Round Rock Senior Activity Center A waiver of subrogation in favor of the City of Round Rock has been added to the workers' compensation policy. The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability and Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. ` CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock Texas 78664 SIGNATURE �OFF AUTHORIZED REPRESENTATIVE TypedName: Steve Schutze Title: Owner, C.A. Schutze Agency CertificateotLiabilitylnsuranceF-6 EXHIBIT - Revised 10/2002 COMBINED SINGLE LIMIT $ 1 ,000,00C BAW52147416 BODILY INJURY (Per person) $ 4-1-03 4-1-04 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ BXO (04) 52147416 EACH OCCURRENCE $ 11000,000 4-1-03 4-1-04 AGGREGATE S 1,000,000 WORKERS' COMPENSATION AND EMPLOYERS' LIAB: A XWA(04)52147416 4-1-03 PROFESSIONAL LIABILITY STATUTORY LIMITS $ EACH ACCIDENT $ 1,000,000 4-1-04 DISEASE - POLICY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS RE: Round Rock Senior Activity Center A waiver of subrogation in favor of the City of Round Rock has been added to the workers' compensation policy. The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability and Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. ` CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock Texas 78664 SIGNATURE �OFF AUTHORIZED REPRESENTATIVE TypedName: Steve Schutze Title: Owner, C.A. Schutze Agency CertificateotLiabilitylnsuranceF-6 EXHIBIT - Revised 10/2002 McConico Buildin O 4cf �� f Senior Activity Center & Parking Municipal Office Campus ,UN„R,XR, ll.q�ll. X_y!A I'LIS'I U'. a:vu+rau a� uu�lcu iv-P&MUAlIFjd FgwrI"ELI11G)KCCCUM 0BIIMUNG)KCCCUXOBUIMUTGAPB &I.L 3-24-01 DATE: February 6, 2004 SUBJECT: City Council Meeting - February 12, 2004 ITEM: 14.D.4. Consider a resolution authorizing the Mayor to execute a Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum, and a Post - Proposal Negotiated Amendment with C.P. Snider Construction Co., Inc. for the construction of the Senior Activity Center and underground Parking Garage. Department: Engineering and Development Services Staff Person: Larry Madsen, Construction Manager Justification: Construction of Senior Activity Center to meet the demands of the growing population. Project to be built within the budget allowed in GO Bond package. Funding: Cost: $5,795,226 Source of funds: Capital Project Funds (GO Bond 2001) Outside Resources: Spencer Godfrey Architects C.P. Snider Construction Co., Inc Background Information: C.P. Snider Construction Co., Inc. was selected with the best proposal for the Senior Activity Center & Parking Garage. The City, Spencer Godrfey Architects and C.P. Snider Construction reviewed the project and after value engineering considerations and review, project costs were lowered to meet the GO Bond budget for the project. Public Comment: None EXECUTED DOCUMENT FOLLOWS Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document Al 01 -1997 1997 Edition -Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401 AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, CO 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 States and will subject the violator to legal prosecution. AGREEMENT made as of the twelfth (12th) day of February in the year of 2004. (In words, indicate day, month and year) BETWEEN the Owner: (Name, address and other information) and the Contractor (Name, address, other information) The City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 C. P. Snider Construction Co., Inc. Post Office Box 90818 Austin, Texas 78709 The Project is: One story building with two levels of underground parking below. The total (Name and location) estimated budget shall be $5,795,226.00, and said building is to be designated as the "Senior Activity Center" located on Bagdad Avenue, Round Rock, Williamson County, Texas. The Architect is: Spencer Godfrey Architects (Name, address and other information) 1106 South Mays Street, Suite 220 Round Rock, Texas 78664 AIA DOCUMENT A101 -OWNER -CONTRACTOR AGREEMENT- 1997 EDITION -AIA-COPYRIGHT 1997 - THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A 101-1997 User Document: 01A10LCON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #1 The 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 The 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. 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 the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a Notice to Proceed.) Date of commencement shall be fixed in a Notice to Proceed issued by the Owner, and date of completion shall be four hundred twenty (420) calendar days following date of issuance of Notice to Proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechanic's liens and other security interests, the Owner's time requirement shall be as follows: Unless the date of commencement is established by a Notice to Proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five (5) days before commencing the 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 approval. 3.2 The Contract Time shall be measured from the date of commencement 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than four hundred twenty (420) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work.) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work.) AIA DOCUMENT A101 -OWNER -CONTRACTOR AGREEMENT- 1997 EDITION -AIA- COPYRIGHT 1997- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: OlAlOLCON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #2 3.4 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 One Thousand and No/ 100 Dollars ($1,000.00) 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 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 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. ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five Million Seven Hundred Ninety-five Thousand Two Hundred Twenty-six and No/100 Dollars ($5,795,226.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) 4.3 Unit prices, if any, are as follows ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to the Architect and Owner by the Contractor and Certificates for Payment issued by the Architect and not disputed by Owner and/or Owner's lender, the Owner shall make progress payments on account of the Contract Sum to the 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 the month, or as follows: 5.1.3 Provided that an Application for Payment is received by the Architect and Owner, and the Architect issues a Certificate of Payment not later than the tenth (10th) day of a month, the Owner shall make payment to the Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by the Architect and Owner after the application date fixed above, payment shall be made by the Owner not later than one month daps after the Architect meeives the Appheatiot issues a Certificate for Payment. AIA DOCUMENT A 101 -OWNER -CONTRACTOR AGREEMENT - 1997 EDITION -AIA -COPYRIGHT 1997- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: 01Al0I.CON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #3 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the 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 the Architect and Owner may require. This schedule, unless objected to by the Architect or Owner, shall be used as a basis for reviewing the 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. 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 (51/o). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute small 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; .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 , stoted off the site at a location agreed upon in wrifing), less retainage of five percent (5%). .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the 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 mnotmt ninety percent (90%) of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such Work and unsettled claims; and (Subparagraph 9.8.5 of AIA Document A201-1997 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 the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997. (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.1.61 and 5.1.6 2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) 5.1.9 Except with the Owner's prior written approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. AIA DOCUMENT A 101 -OWNER -CONTRACTOR AGREEMENT - 1997 EDITION -AIA- COPYRIGHT 1997- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: 01 A 10 LCON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #4 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract except for the 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 a final Certificate for Payment has been issued by the Architect. 5.2.2 The Owner's final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect's final Certificate for Payment, a -- -u,-s `-rorlvw3: 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 the Contractor prior to final payment and not treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-1997. 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 tinpaid tindet the Gontmet shall beat interest fiom die date payment is due at the mte stated below, oi in the absenee theteef-, at the legal rate pievailing from time to time at the plaee where the Projeet is loeated. (Insert rate of interest agreed upon, if any.) Undisputed final payment due and unpaid under the Contract Documents shall bear interest from 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 Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere 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 The Owner's representative is: Larry Madsen (Name, address and other information) Construction Manager Liaison, Public Works 2008 Enterprise Round Rock, Texas 78664 7.4 The Contractor's representative is: Paul Snider (Name, address, and other information) C. P. Snider Construction Co., Inc. Post Office Box 90818 Austin, Texas 78709 AIA DOCUMENT A 101 -OWNER -CONTRACTOR AGREEMENT - 1997 EDITION -AIA- COPYRIGHT 1997- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with pennission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: 01A10LCON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #5 7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten (10) days' written notice to the other party. 7.6 Other provisions: ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement as set forth in 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 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997, as modified therein. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated , and are as follows Document Title Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Pages Number Title Date 8.1.6 The Addenda, if any, are as follows: Number Date Pages AIA DOCUMENT A 101 -OWNER -CONTRACTOR AGREEMENT - 1997 EDITION -AIA- COPYRIGHT 1997- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: 01Al01.CON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #6 Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to bep art of the Contract Documents) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER CITY OF ROUND ROCK, TEXAS By: N ell, ayor ATTEST: By. ^ , Christine R. Martinez, City Secretary CONTRACTOR C.P. SNIDER CONSTRUCTION CO., INC. By: Paul Snider, Owner AIA DOCUMENT A10 I -OWNER -CONTRACTOR AGREEMENT - 1997 EDITION -AIA- COPYRIGHT 1997- THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE N.W., WASHINGTON, D.C. 20006-5292. WARNING: Unlicensed photocopying violates U.S. copyright laws and will subject the violator to legal prosecution. This document was electronically produced with permission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: 01A10LCON -- 1/26/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #7 CERTIFICATE OF LIABILITY INSURANCE; PRODUCER C.A. Schutze Agency PO Box 3547 Austin, Texas 78764 Date: January 26, 2004 COMPANIES AFFORDING COVERAGE A West American Insurance Company B Ohio Casualty Insurance Company INSURED C.P. Snider Construction Co., Inc.0 PO Box 90818 Austin, Texas 78709 D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILITY BKW(04) 52147416 GENERAL AGGREGATE $ 2,000,000 A 4-1-03 4-1-04 PRODUCTS-COMP/OP AGG. $ 2,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 100,000 MED. EXPENSE (Any one person) $ 10,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 A BAW5 214 7416 4-1-03 4-1-04 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ B EXCESS LIABILITY BXO (04) 52147416 EACH OCCURRENCE $ 1 , 000--,0-0 0 4-1-03 4-1-04 AGGREGATE $ 1,000,000 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS.- $ A XWA(04)52147416 4-1-03 4-1-04 EACH ACCIDENT $ 1,000,000 DISEASE - POLICY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $ 1,000,000 PROFESSIONAL LIABILITY DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS RE: Round Rock Senior Activity Center A waiver of subrogation in favor of the City of Round Rock has been added to the workers' compensation policy. The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability and Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. ` CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 SIGNATURE OF AUTHORIZED REPRESENTATIVE �,, S�-� , — dF TypedName: Steve Schutze Title: Owner, C.A. Schutze Agency CertificateotLiabilityInsuranceF-6 EXHIBIT - Revised 10/2002 POST -PROPOSAL NEGOTIATED AMENDMENT THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: That this "Post -Proposal Negotiated Amendment" is made by and between the City of Round Rock, located at 221 East Main Street, Round Rock, Texas, 78664 (hereinafter referred to as the "City") and C.P. Snider Construction Co., Inc., located at Post Office Box 90818, Austin Texas, 78709 (hereinafter referred to as "Snider"). WHEREAS, the City previously selected Snider as "the offeror that offered the best value for the City based on published selection criteria and on its ranking evaluation" for construction of Senior Activity Center and underground parking garage; 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; NOW, THEREFORE, premises considered, the City and Snider hereby agree that said changes to scope and price changes associated with such modifications are contained in the attached Exhibit "A," made a part hereof by reference as though contained herein verbatim. IN WITNESS WHEREOF, the City and Snider have executed this "Post -Proposal Negotiated Amendment" in triplicate originals. OWNER: CITY OF ROUND ROCK, TEXAS By: N ax el , Mayor ATTEST: By: Nt . Christine R. Martinez, City Secretary PROPOSER: C.P. SNIDER CONSTRUCTION CO., INC. BY:_ 6A Paul Snider, Owner • 1 106 South Mays Street, Suite 220 Round Rock, Texas 78664 Phone 512.388.0677 Fax 512.388.0752 spencer godfrey architects, inc.WWW.Sgarch.com mjmm'�11111111111 Pill ADDENDA POST PROPOSAL ADDENDUM 01 DATE: January 16, 2004 PROJECT: Round Rock Senior Activity Center SGAI Project # 03-002 LOCATION: 301 W. Bagdad, Round Rock, Texas NOTICE TO CONTRACTORS: A. This Addendum shall be considered part of the Contract Documents dated September 30, 2003 for the above mentioned project as though it has been issued at the same time and incorporated integrally. Should previously issued data differ, Addendum shall govern and take precedence. B. These addendum items and subsequent cost deductions or additions will be used to modify the original proposal bids. All contractors will be responsible for adjusting their bids to reflect these addendum items and allow dollar for dollar reductions or additions as specified. Please attach to the back of the Project Manual. VALUE ENGINEERING ITEMS: ITEM 1: Ceramic Tile Deletion Eliminate the patterned ceramic tile in the Lobby (rm. # 104) with the exception of the 12' X12' square around the Kiosk which will remain as shown on drawing A-2.3. This does not affect the tile in the vestibule (rm. #101) which will also remain. Areas of the removal will have carpet to match the remainder of the room in accordance with specification section 09685. Deduct - $4,368.00 ITEM 2: Quarry Tile Deletion A. Delete the quarry tile scheduled in the Warming Kitchen (rm. # 121) and substitute VCT flooring in accordance with specification section 09650. Deduct - $2,036.00 B. Delete the quarry the scheduled in the Pantry (rm. #120) and substitute VCT flooring in accordance with specification section 09650. EXHIBIT >r a a "Au Deduct - $995.00 Page 1 of 5 ITEM 3: Reduction of Ceramic Wall Tile A. Change height of wall tile in rooms #110 Men, #114 Women, #144 Women, and #145 Men from 72" to 48" AFF. Allow for contrasting border and field trim. Provide enamel paint above. All tile and painting will be done to maintain quality specified in sections 09300 and 09912. Deduct - $1,480.00 B. Change wall the in Unisex #112 and Unisex #153 to solid color tile to 48" AFF with contrasting color bullnose cap. Provide enamel paint above and maintain quality in specifications. Deduct - $972.00 ITEM 4: Delete Pavers @ Patio Delete the pavers, sand and retention curb (curbs south of gridline K, west of gridline 6, and east of gridline 1) and substitute scored lightweight concrete. This does not affect the curb at the aerobics room window extension. Concrete will be scored in a 24" square pattern. All concrete quality controls will be strictly adhered to and remain under the supervision of the Structural Engineer. Re: Concrete Notes, S-1.1. ITEM 5: Delete pavers @ Portico Deduct - $58,999.00 Delete the pavers at the Portico #100 and replace with sealed concrete and paver border similar to Porch #166. Deduct - $4,936.00 ITEM 6: Delete Waterproofing Membrane Delete the sub -surface waterproofing membrane @ the Patio #164. Maintain water -stop at curb below Aerobics room glass extension and all flashing at exterior walls for prevention of water infiltration of Senior Center interior. Deduct - $30,015.00 ITEM 7: Delete Folding Partitions Delete the folding partitions scheduled for room #124 Small Meeting Rm 1 and #129 Small Meeting Rm 2. This deduct includes the purchase and installation of the actual partitions only. The pockets between Storage rooms #125-128 shall remain as well as any structural members for supporting said partitions. Provide removable panel at pocket openings for potential future installation of partitions. Deduct - $13,313.00 ITEM 8: Delete Millwork A. Delete all millwork in Computer Rm #130. All electrical and data ports will remain as shown in electrical drawings. B. Delete Built-in Credenza in Conference Rm. #156. Deduct - $7,230.00 Page 2 of 5 Deduct - $2270.00 ITEM 9: Delete Wood Trim In Lobby rm. #104 delete the 1/4" wood panels shown on #2, A- 2.8 and replace with painted gypsum board, color by Architect. Delete wood panels and wood trim @ coffers shown on #1 and #3, A -2.8 and replace with gypsum board banding w/ off color paint, color by Architect. All other details of coffer and light soffit face will remain as shown. Deduct - $10,765.00 ITEM 10: Delete "Greenscreen" Delete all 'Greenscreen' on South and West elevations of the open areas of the garage. Re: A- 3.1 and #'s E and E.1, A-3.2. Deduct — $12,551.00 ITEM 11: Delete Masonry Veneer On the west elevation between grid 'C' and 'J', delete masonry veneer between pilasters and replace with %" cement plaster finish. Provide 12" tall by 1" deep (extruded) feature strip at approx. 15' of height for continuation of cut stone datum line seen at all other elevations. Coordinate with Architect on exact placement, size, and construction of feature and placement of control joints. Re: Plaster details on A-3.3 for typical control joint and plaster details. Re: Window and Door head, sill, and jamb details. Re: #2, A-2.5 for placement of rigid insulation and gypsum board when installing a cement plaster finish, coordinate w/ Architect. All stone veneer and details of pilasters @ column grids will remain unchanged. Deduct - $9,153.00 ITEM 12: Revise and Delete Light fixtures A. Delete light fixture and dimmers 'D1' in rooms #116 and #123. Add simple dimmer switch for control of remaining fluorescents. B. Delete all soffit light fixtures 'Cl' in room #104. Deduct - $6,310.00 Deduct - $1,871.00 C. Revise approved light fixture package. Coordinate with Architect. Electrical consultant (JCE) must approve quality and efficiency of lighting package. Deduct - $8,500.00 D. Reduce Lighting Allowance for fixtures P1, P2, and S3 as scheduled on sheet E-8. Deduct - $2,600.00 Page 3 of 5 ITEM 13: Substitute MC Cable A. Provide MC Cable for all branch circuits in lieu of EMT. Deduct - $8,100.00 B. Provide MC Cable for homerun conduit in lieu of EMT. Deduct - $5,850.00 C. Provide MC Cable for VAV's in lieu of EMT. Deduct - $1,980.00 ITEM 14: Reduce/Delete Allowances A. Omit Structural Steel Allowance Deduct - $3,200.00 B. Omit Concrete Allowance Deduct - $9,750.00 C. Omit Reinforcing Steel Allowance Deduct - $6,000.00 D. Change Landscape and Irrigation Allowance from $50,000 to $40,000. Deduct - $10,000.00 E. Change Voice and Data Allowance from $40,000 to $30,000. F. Change Card and Security Allowance from $45,000 to $30,000. Deduct - $10,000.00 G. Change Special Interior Signage Allowance from $8,000 to $4,000. Deduct - $15,000.00 Deduct - $4,000.00 H. Change Audio Visual Allowance from $25,000 to $20,000. I. Change Kitchen Equipment Allowance from $50,000 to $35,000. Deduct - $5,000.00 J. Change Parking Garage Clearance Sign Allowance from $10,000 to Deduct - $15,000.00 $5,000. ITEM 15: Substitute Ceiling Tiles A. Change Type I ceiling tiles from Armstrong 628 to USG 4221 — 2X2. Deduct - $5,000.00 Deduct - $12,630.00 B. Change Type II ceiling tiles from Armstrong 735 to USG 7052G — 2X2. Page 4 of 5 Deduct - $1,034.00 ITEM 16: Site Demo Plan C2.01 (RFP #1) Add Extra Service Connection Add - $1,500.00 ITEM 17: Wastewater C7.01 (RFP #1) A. Delete - 270 L. F. 6" SDR — 26 Deduct - $8,100.00 B. Add — Locate Telephone/Fiber optic cable Add - $500.00 C. Add — Manhole over existing line at end run Add - $7,800.00 D. Add — Plug/Abandon existing Wastewater Line Add - $1,000.00 E. Add — Abandon/Demo Manhole — 4 feet Add - $1,500.00 F. Delete — Manhole — 4' Deep # (64) Deduct - $1,800.00 G. Delete — 142 L. F. of 8" SDR — 26 Deduct - $4,416.00 H. Add — 7 L.F. of 15" SDR — 26 Add - $700.00 I. Add — 1 Each Manhole Tie -In Add - $300.00 Page 4 of 5 J. K. Add — Plug/Abandon Line from W. Side Manhole Add — Increase 18" Steel Sleeve to 24" Diameter Add - $1,000.00 L. Add — 20 L.F. of Steel Sleeve around 6" PVC Add - $2,500.00 M. Add —Lower Line A for 110 L.F. Add -$200.00 N. Add —Pump/Stub for temporary ry pumping of existing ora Add - $1,000.00 utility customers during construction. Add - $1,000.00 ITEM 18: Water Line C7.04 (RFP#1) A. Add — 1 Each Tapping Sleeve/Wet Tap (Allowance) Add - $3,500.00 B. Add — 1 Each 12" Cap Installed Add - $150.00 C. Add —Excavate Waterline 2' Deeper Add - $1,000.00 D. Add — 8 Each Restrained Joints E. Add —12 L.F. of Steel Sleeve for SDR — 14 Add - $3,200.00 Add - $600.00 DEDUCT AND CREDIT TOTALS TOTAL DEDUCTS — TOTAL ADD-ONS - - $305,224.00 + $27,450.00 NET REDUCTION OF ORIGINAL PROPOSAL - - $277,774.00 Page 5 of 5 CERTIFICATE OF LIABILITY INSURANCE PRODUCER C.A. Schutze Agency PO Box 3547 Austin, Texas 78764 Date: January 26, 2004 COMPANIES AFFORDING COVERAGE A West American Insurance Company B Ohio Casualty Insurance Company INSURED C.P. Snider Construction Co., Inc.0 PO Box 90818 Austin, Texas 78709 D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR NUMBER DATE DATE GENERAL LIABILITY BKW (04) 5214 7416 GENERAL AGGREGATE $ 2,000,000 A 4-1-03 4-1-04 PRODUCTS-COMP/OP AG -G. $ 2,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 100,000 MED. EXPENSE (Any one person) $ 10,000 AUTOMOBILE LIABILITY A B EXCESS LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 BAW52147416 BODILY INJURY (Per person) $ 4-1-03 4-1-04 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ BXO(04)52147416 4-1-03 4-1-04 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY A XWA(04)52147416 4-1-03 4-1-04 rnurn3aiut,4tv, L1H1i1L11 Y EACH OCCURRENCE $ 11000,000 AGGREGATE S 1,000,000 STATUTORY LIMITS $ EACH ACCIDENT $ 1,000,000 DISEASE - POLICY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS RE: Round Rock Senior Activity Center A waiver of subrogation in favor of the City of Round Rock has been added to the workers' compensation policy. The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability and Professional Liability. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holder named below. ` CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Certi ficateotLiabil itylnsuranceF-6 SIGNATURE OF AUTHORIZED REPRESENTATNE < Typed Name: Steve Schutze Title: Owner, C.A. Schutze Agency EXHIBIT - Revised 10/2002