Loading...
R-04-02-12-14D5 - 2/12/2004RESOLUTION NO. R -04-02-12-14D5 WHEREAS, the City of Round Rock has previously determined in Resolution No. R -03-07-24-11G2 that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of Fire Station No. 6 to be built at 2919 Joe Dimaggio Boulevard, and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determined in Resolution No. R -03-12- 18-8F3 that Royce 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 Royce Construction Co., Inc., and wishes to enter into a "Post -Proposal Negotiated Amendment" with Royce Construction Co., Inc. outlining the above -referenced changes and modifications, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a "Standard Form of Agreement Between Owner and @PFDesktop\::ODMA/WORLDOX/O:/ W DOX/RFSOLUT FR40212 D5. W PD/sc Contractor Where the Basis of Payment is a Stipulated Sum" with Royce Construction Co., Inc. and a "Post -Proposal Negotiated Amendment" with Royce Construction Co., Inc. for construction of Fire Station No. 6 to be built at 2919 Joe Dimaggio Boulevard, 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. V/ Z'1"--� L, Mayor City of Round Rock, Texas ATTEST: CHRISTINE R. MARTINEZ, City Secre ary 0) EXHIBIT a a "All atandard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document A101 -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 Royce Construction Company, Inc. 1801 Whip O Will Round Rock, Texas 78681 The Project is: One story building of approximately 12,000 square feet which shall include (Name and location) truck bays, offices, and dormitory rooms. The total estimated budget shall be $1,264,754.00, and said building is to be designated as "Fire Station #6," located at 2919 Joe Dimaggio Boulevard, Round Rock, Williamson County, Texas. The Architect is: Opus 3 Architects (Name, address and other information) 1517 East Palm Valley Boulevard Round Rock, Texas 78664 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: 01A10LCON -- 01/21/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #I 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 two hundred forty-two (242) 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 two hundred forty-two (242) calendar 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 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: OlAlO1.CON -- 01/21/2004. 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 Seven Hundred Fifty and No/100 Dollars ($750.00) 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 One Million Two Hundred Sixty-four Thousand Seven Hundred Fifty-four and No/ 100 Dollars ($1,264,754.00), 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 (1) month daps after the Architect receives the Appheatim issues a Certificate for Payment. 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: OIAIOI.CON -- 01/21/2004. 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 indiente 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 (oi, if approved in advartee by the Ownei, suitably stored off the site at a location agieed upon in writing), 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 amotnit 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. 5.1.8 (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] 01 - 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: 01AIOLCON -- 01/21/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page 44 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 eras fbilo ts: 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 unpaid tinder the C:bntraet shall bear interest froin the date payment is due at the tate stated below, or in the located.absenee thereof; at the lega4 rate pie-vailing from time to time at the plaee where the Projeet is (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: Royce Tschatschula Owner, Royce Construction Company, Inc. 1801 Whip O Will Round Rock, Texas 78681 AIA DOCUMENT A101 -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: OlAlOLCON -- 01/21/2004. 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 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. 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 Forrnat A 101-1997 User Document: 0lAl0l.CON -- 01/21/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #6 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 ROYCE CONSTRUCTION COMPANY, INC. By: By: L, Nyle Maxwell, Mayor Royc schatschula, Owner ATTEST: By: Christine R. Martinez, City Secretary AIA DOCUM ENT A l01 -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 -- 01/21/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #7 Jan 28 04 08:44a Royce Tscha 512 388-0922 P.1 01/27/2004 16:12 FAX 512 280 1104 SEARCEY & SEARCEY Q001/001 L;Eltl•IFIC:ATE OF LIABILITY INSURANCE Dace: y «-7>•na _ 1PRODUCER K&S Group, Inc. COMPANIES AFFORDING COVERAGE Searcey & Searcey, Inc. p Employers Mutual Casualty Co. 1218 Slaughter Ln. Nest Austin, Tx. 78748 B INSURED L Royce Construction Company, Inc_ D _1801 Whip -O -Will, Round Rock, Tx. 78681-1726 'FFiIS IS TO CERTIFY THAT the insured named above is iastued by the Companies listed above with respect to the busincss operations hereinafter described. for the types of insurance and in accordance with the Provisions of rho standard policieaused by the companies. and further hetoiaafter described. Exceptions to the policies are noted below: CO TYPE OF INSURANCE POLICY EFFECTIVE EXFIitATION LINnTS LTR. NUMBER DATE DATE _ c>:rtFItAL LL%3UXrY GWERAL A36 ►� S 2,G00,000.00 A 1D9-84-00-04 5/1/03/04 PROZ)UCTS-COWtOPAGG. S 2,000,000.00 PERSONAL st ADV. INJURY S 1, 0 0 0, O o O. 00 EACH OCCURRENCE s 1,000,000.00 FIRE DAMAGE iAay one lire) s 50,000.00 ASU. J:XPENS VUW one pCtsoo)S 5,000..00 Au70adGWLZ LIAs1LrTY coma BD nvt3LE urArr s 500,000.00 SOWLY INJURY (Per person) S A 1E9-84-00-04 5/1/03-04 soalu.YRCURYfP=W=deat) S PROPMtTY DAMAGE S E7CCESs LtAB[LCTY EA= OCCURRFNCE s 1,000,000.00 A 1J9-84-00-04 5/1/03/04 AGGREGATE s 1,000,000.00 WORKERS' CObdPENSATION AND EMPLOYERS' LIASLIITY STATMO$YLudrrs S statutary. - EACIi ACcmrvT 500,000. 00 A 1H9-84-00-04 5/1/03-04 DLSEASE-roLICYLnraT s - 500,000.00 DLSSASTi-EACH EWT-OYEE S 500,000.00 DESCUMON OF, noIRA-nONS=cATIONVVMUCI.TiWSAECIALHmAsa-RcE mRs Construction of Fire Station R6, City of Round Rock, Tx. The City of Round Rock is naawd as additional insured with respect to alt policies except Workers' Cotnpensadon scud Employcrs' Linbiliry. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days wriuen natit:c to the certificate holdcr warned below. CERTIFICATE• HOLDER: City Manager Cly of Roland Rock 221 E. Main Street Round Rock. Texas 78664 ATLT JO4MWED TtEPRESENTATIVE X w Typed Name: yStFav?n 11. Searcey Title: President 01/28/2004 WED 08:40 [TX/RX NO 77251 Z 001 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, with offices located at 221 East Main Street, Round Rock, Texas, 78664 (hereinafter referred to as the "City") and Royce Construction Company, Inc., with offices located at 1841 Whip O Will, Round Rock, Texas, 78681 (hereinafter referred to as "Royce"). WHEREAS, the City previously selected Royce as "the offeror that offered the best value for the City based on published selection criteria and on its ranking evaluation" for construction of Fire Station #6; 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 Royce 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 Royce have executed this "Post -Proposal Negotiated Amendment' in triplicate originals. OWNER: PROPOSER: CITY OF ROUND ROCK, TEXAS ROYCE CONSTRUCTION COMPANY, INC. Nyle Maxwell, Mayor ATTEST: By: Christine R. Martinez, City Secretary By: k, " ,a_C�12�4&11 Roy Tschatschula, Owner 1 EXHIBIT a "B" EXHIBIT "A" 16 January 2004 To the Drawings and Specifications issued for the City of Round Rock Fire Station Number 6 located at Joe Dimaggio Blvd. and Arterial "A", Round Rock, Texas. As Drawn by OPUS 3 Architects & Planners, Round Rock, Texas. Architect's Project Number: 03-0223 Amendment Date: 16 January 2004 NOTICE A. This Post Proposal Amendment shall be considered part of the Contract Documents for the above mentioned 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 of the original Contract Documents, this Post Proposal Amendment shall govern and take precedence. B. The Contractor is hereby notified that they shall make any necessary adjustments in their estimates on account of this Post Proposal Amendment. Please staple in the back of your specifications. Reference is made to the Drawings and Specifications as follows: Item No. 1: Reference to the Drawings, Sheet C401, Grading Site Plan, ADD the following: The Contractor agrees to not charge the Owner a Dump Fee for Excess Site Material to be removed from the Site. DEDUCT the following sum from the original Bid Amount -$11,600.00 Item No. 2: Reference to the Specifications, Section 02223 — Backfilling, 2.01 SELECT FILL MATERIALS, A., MODIFY as follows: Select Fill to be 1 %" screenings from Texas Crushed Stone, Inc.. DEDUCT the following sum from the original Bid Amount -$13,000.00 Item No. 3: Reference to the Drawings, Sheet 1-101, Landscape Plan, MODIFY as follows: Delete the following plantings that abut Arterial "A": 35 Dwarf Wax Myrtles, 13 Big Muhly, 15 Cedar Elms & 8 Texas Red Buds. Reference attached Landscape Drawing. DEDUCT the following sum from the original Bid Amount: -$5334.00 Item No. 4: Reference to the Drawings, Sheets S302 thru S304, Typical Foundation Details, MODIFY as follows: Foundation Forming — Delete plywood forms: Cut off edge of select fill back to inside face of beams. Install the existing removed clay soil around slab. Dig beam through installed clay soil next to select fill. In Y4" masonite form liner against select fill. 1 of 3 Reference attached letter from Datum Engineers for guidelines DEDUCT the following sum from the original Bid Amount: -$5,725.00 Item No. 5: Reference to the Specifications, Section 07620 — SHEET METAL FLASHINGS, MODIFY as follows:: Substitute 1 % ounce Copper in lieu of stainless steel thru wall flashing. -$4,800.00 Item No. 6: Reference to the Drawings, Sheet C601, Utility Site Plan, MODIFY as follows: Delete the following: Delete fire water line for Fire Protection System as specified in Section 15500. Delete one fire hydrant and fittings located adjacent to future Arterial "A" Delete two 8" meters and fittings on fire line at south east and south west corners of fire loop system. Delete two concrete vaults along fire line at south east and south west corners of fire loop system. -$26,887.00 Item No. 7: Reference to the Drawings, Sheet C301, Dimension Control Site Plan, MODIFY as follows: Delete 6,760 sq.ft. of parking and drive located at the southern part of parking area as shown on attached drawing. -$20,000.00 Item No. 8: Reference to the Drawings, Sheet C301, Dimension Control Site Plan, MODIFY as follows: Provide and install monolithic curb in lieu of standup curb as detailed -$3,900.00 Item No. 9: Reference to the Specifications, Section 16200 - EMERGENCY POWER SYSTEM (GENERATOR), MODIFY as follows: Provide and install a diesel generator in lieu of natural gas/LP vapor fueled generator. $1,000.00 Item No. 10: Reference to the Specifications, Section 01020 - ALLOWANCES, MODIFY as follows: Reduce the amount of Project Contingency by $25,000.00 for a new amount of $25,000.00. -$25,000.00 2 of 3 Item No. 11: Reference to the Specifications, Section 2.0 Proposal Documents, Construction Schedule Section 1:21, Instructions, MODIFY as follows: Calendar Days for completion to be 242 days after notice to proceed in lieu of 212 as per original Proposal. RECAP of DEDUCTS and CREDITS Item Amount Item No. 1 $ (11,600.00) Item No. 2 $ (13,000.00) Item No. 3 $ (5,334.00) Item No. 4 $ (5,725.00) Item No. 5 $ (4,800.00) Item No. 6 $ (26,887.00) Item No. 7 $ (20,000.00) Item No. 8 $ (3,900.00) Item No. 9 $ 1,000.00 Item No. 10 $ (25,000.00) TOTAL (115,246.00) Reference the following attachments: FAX Memorandum Dated 11 December, 2003 with attached revised partial Landscape Plan L101. Revised Paving and Stripping Plan — 8'/2 x 11 END OF POST PROPOSAL AMENDMENT 3 of 3 Q P� .5 Acre N W E Fire Station No. Six rl��N7CK, TEXAS . visionv�vcwn S DATE February 6, 2004 SUBJECT: City Council Meeting - February 12, 2004 ITEM: 14.D.5. 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 Royce Construction Inc. for the construction of Fire Station No. 6. Department: Engineering and Development Services Staff Person: Larry Madsen, Construction Manager Justification: To provide fire protection for Highway 79 and Old Settlers area of Round Rock. The Fire Station #6 will be located at 2919 Joe Dimaggio Boulevard. Funding: Cost: $1,264,754 Source of funds: Capital Project Funds (GO Bond 2001) Outside Resources: Opus 3 Architects Royce Construction, Inc. Background Information: Royce Construction was selected with the best proposal for the fire station project. The City, Opus 3 Architects, and Royce Construction reviewed the project and after value engineering considerations and review, the project costs were lowered to meet GO Bond budgets 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 A1O1 -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 Royce Construction Company, Inc. 1801 Whip O Will Round Rock, Texas 78681 The Project is: One story building of approximately 12,000 square feet which shall include (Name and location) truck bays, offices, and dormitory rooms. The total estimated budget shall be $1,264,754.00, and said building is to be designated as "Fire Station #6," located at 2919 Joe Dimaggio Boulevard, Round Rock, Williamson County, Texas. The Architect is: Opus 3 Architects (Name, address and other information) 1517 East Palm Valley Boulevard Round Rock, Texas 78664 04 -oa 42 -/,Y05' AIA DOCUMENT Al 0 1 - 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: OIAIOI.CON -- 01/21/2004. 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 two hundred forty-two (242) 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 two hundred forty-two (242) calendar 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 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: OIAIOI.CON -- 01/21/2004. 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 Seven Hundred Fifty and No/100 Dollars ($750.00) 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 One Million Two Hundred Sixty-four Thousand Seven Hundred Fifty-four and No/100 Dollars ($1,264,754.00), 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 (1) month days after the Architect receives the Appheatiot issues a Certificate for Payment. AIA DOCUMENT A 101 -OWNER - CONTRACTOR AGREEMENT - 1997 EDITION -AIA- COPY RIGHT 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 -- 01/21/2004. 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 (51/6). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute shafl 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 , if stored off the site at a location agieed upon in writing), 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 fiuther modified under the following circumstances: Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to 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 ofsurety, 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. 5.1.8 (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 A 101-1997 User Document: 0lA101.CON -- 01/21/2004. 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: 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 Payments due and unpaid undet the E3ontraet shall bew inteiest fi-ein the date payment is due at the rate stated below, or in the absenee theieof; at the legal rate pie-vailing from tinte to time at the pinee where the Projeet is . (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: Royce Tschatschula Owner, Royce Construction Company, Inc. 1801 Whip O Will Round Rock, Texas 78681 AIA DOCUMENT A 10 l -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: OlAlO1.CON -- 01/21/2004. 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 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. 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: 0lA101.00N -- 01/21/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #6 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 CITY OF ROUND ROCK, TEXAS By: Nyle yor ATTEST: By: am�t�k. Christine R. Martinez, City Secretary CONTRACTOR ROYCE CONSTRUCTION COMPANY, INC. By. �J Ro'ycifTschatschula, Owner 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: 01A101.CON -- 01/21/2004. AIA License Number 1009596, which expires on 03/06/2004 -- Page #7 -,an co u -r uu: •r,ta KC!dce I scha 512 388-0922 p.1 01/27/2004 16:12 FAX 512 280 1704 SEARCEY & SEARCEY fQ001/001 c.;!✓ti>t'lrlc:ATE OF LIABILITY INSURANCE Date: _ PRODUCER K&S Group, Inc . COMPANIES AFFORDING COVERAGE _ Searcey & Searcey, Inc. Employers Mutual Casualty CO. 1218 Slaughter Ln. West Austin, Tx. 78748 B INSURED C Royce Construction Company, Inc. D 1801 Whip -O -Will, Round Rock, Tx. 78681-1726 'II-iIS 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 grpes of insurance and in accordance with the provisions of the scan lard Policies used by The companim and fUrther hereinafter described. Exceptions to the policies are noted below CO TYPE OF INSURANCE POLICY EFFECTIVE F)I'IEtATION LI IITS LTR. NUMBER DATE DATE _ oEr�,txAt,ttwalln-,r A`Tg s 2,000,000.00 p� 1D9-84-00-04 5/1/03/04 PRODUCTS-COWrorAdG. s 2,000.%000.00 PS650NAL St ADV, INJURY . S 1 , 000 , OOO . 00 EACK OCCORXENCE s 1,000,000.00 PME DAMAGE; (Aar Otte tura s 50,000.00 E9PfZ45i2 (AtW onepetsoa)3 5,000..00. AU70MOWLY. LIARU-IrY COMBJNEi) INGLB LI?Arr s 500,000.00 BODILY INMY (Par parson) s A 1E9-84-00-04 5/1/03-04 aODU-"yVOMY(Pera=ideat) S PR01%MTY DAMAGE 0 = --ss LIASILrry BACtt O $ 1,000,000.00 A 1J9-84-00-04 5/1/03/04 AGCSEGATE s 1,000,000.00 W-0—;LK RB' COMPENSATION AND EMPLOYtiRS' UA2aXry STATMORYLUdm S t 9 utOry . EACH AcCt1 sur 500,000.00 A IH9-84-00-04 5/1/03-04 DrsFraSa - YOXICY Liar s • 500,000-00 DISEASE, -8ACRE1. LOYEB s 500,000.00 _ orulk DFSCFUMON Ci ndSRAT10NSILOCA*nO Ts! I 'I'm ?ZCL'LnW.WZXCSPn0NS Construction of Fire Station ;6, City of Round Rack, Tx. T11a City of Round Rock is natned as additional insured with respect to all policies except Wurkers' Cotnpesuadon and Employers' Liabitity. Shou td any of the above described policies be t ancelted or ehangud before the expiration date thereof, the issuing company will mail thirty (30) days .written notit:a to the certificate holder named below. CERTIFICATE HOLDER: City Manager Cly of Bound, Rack 221 E- Main Street Round Rock. Texas 78664 ATLJ OFAgUWED REPRESENTATIVE Typed N==�t�����Searcey - Title: President 01/28/2004 WED 08:40 [TX/RX NO 77251 X1001 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, with offices located at 221 East Main Street, Round Rock, Texas, 78664 (hereinafter referred to as the "City") and Royce Construction Company, Inc., with offices located at 1801 Whip O Will, Round Rock, Texas, 78681 (hereinafter referred to as "Royce"). WHEREAS, the City previously selected Royce as "the offeror that offered the best value for the City based on published selection criteria and on its ranking evaluation" for construction of Fire Station #6; and WHEREAS, Texas Local Government Code §271.116(0 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 Royce 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 Royce have executed this "Post -Proposal Negotiated Amendment" in triplicate originals. OWNER: CITY OF ROUND ROCK, TEXAS By: xwe , Mayor ATTEST: R ' By: &4�� �, Christine R. Martinez, City Secretary PROPOSER: ROYCE CONSTRUCTION COMPANY, INC. By: c�G/2cc �iZ� Roy Tschatschula, Owner EXHIBIT "A" 16 January 2004 To the Drawings and Specifications issued for the City of Round Rock Fire Station Number 6 located at Joe Dimaggio Blvd. and Arterial "A", Round Rock, Texas. As Drawn by OPUS 3 Architects & Planners, Round Rock, Texas. Architect's Project Number: 03-0223 Amendment Date: 16 January 2004 NOTICE A. This Post Proposal Amendment shall be considered part of the Contract Documents for the above mentioned 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 of the original Contract Documents, this Post Proposal Amendment shall govern and take precedence. B. The Contractor is hereby notified that they shall make any necessary adjustments in their estimates on account of this Post Proposal Amendment. Please staple in the back of your specifications. Reference is made to the Drawings and Specifications as follows: Item No. 1: Reference to the Drawings, Sheet C401, Grading Site Plan, ADD the following: The Contractor agrees to not charge the Owner a Dump Fee for Excess Site Material to be removed from the Site. DEDUCT the following sum from the original Bid Amount -$11,600.00 Item No. 2: Reference to the Specifications, Section 02223 — Backfilling, 2.01 SELECT FILL MATERIALS, A., MODIFY as follows: Select Fill to be 1 '/<" screenings from Texas Crushed Stone, Inc.. DEDUCT the following sum from the original Bid Amount -$13,000.00 Item No. 3: Reference to the Drawings, Sheet L101, Landscape Plan, MODIFY as follows: Delete the following plantings that abut Arterial "A": 35 Dwarf Wax Myrtles, 13 Big Muhly, 15 Cedar Elms & 8 Texas Red Buds. Reference attached Landscape Drawing. DEDUCT the following sum from the original Bid Amount: -$5334.00 Item No. 4: Reference to the Drawings, Sheets S302 thru S304, Typical Foundation Details, MODIFY as follows: Foundation Forming — Delete plywood forms: Cut off edge of select fill back to inside face of beams. Install the existing removed clay soil around slab. Dig beam through installed clay soil next to select fill. Install 1/4" masonite form liner against select fill. 1 of 3 Reference attached letter from Datum Engineers for guidelines DEDUCT the following sum from the original Bid Amount: -$5,725.00 Item No. 5: Reference to the Specifications, Section 07620 — SHEET METAL FLASHINGS, MODIFY as follows:: Substitute 1 Y2 ounce Copper in lieu of stainless steel thru wall flashing. -$4,800.00 Item No. 6: Reference to the Drawings, Sheet C601, Utility Site Plan, MODIFY as follows: Delete the following: Delete fire water line for Fire Protection System as specified in Section 15500. Delete one fire hydrant and fittings located adjacent to future Arterial "A" Delete two 8" meters and fittings on fire line at south east and south west corners of fire loop system. Delete two concrete vaults along fire line at south east and south west corners of fire loop system. -$26,887.00 Item No. 7: Reference to the Drawings, Sheet C301, Dimension Control Site Plan, MODIFY as follows: Delete 6,760 sq.ft. of parking and drive located at the southern part of parking area as shown on attached drawing. -$20,000.00 Item No. 8: Reference to the Drawings, Sheet C301, Dimension Control Site Plan, MODIFY as follows: Provide and install monolithic curb in lieu of standup curb as detailed -$3,900.00 Item No. 9: Reference to the Specifications, Section 16200 - EMERGENCY POWER SYSTEM (GENERATOR), MODIFY as follows: Provide and install a diesel generator in lieu of natural gas/LP vapor fueled generator. $1,000.00 Item No. 10: Reference to the Specifications, Section 01020 - ALLOWANCES, MODIFY as follows: Reduce the amount of Project Contingency by $25,000.00 for a new amount of $25,000.00. -$25,000.00 2 of 3 Item No. 11: Reference to the Specifications, Section 2.0 Proposal Documents, Construction Schedule Section 1:21, Instructions, MODIFY as follows: Calendar Days for completion to be 242 days after notice to proceed in lieu of 212 as per original Proposal. RECAP of DEDUCTS and CREDITS Item Amount Item No. 1 $ (11,600.00) Item No. 2 $ (13,000.00) Item No. 3 $ (5,334.00) Item No. 4 $ (5,725.00) Item No. 5 $ (4,800.00) Item No. 6 $ (26,887.00) Item No. 7 $ (20,000.00) Item No. 8 $ (3,900.00) Item No. 9 $ 1,000.00 Item No. 10 $ (25,000.00) TOTAL (115,246.00) Reference the following attachments: FAX Memorandum Dated 11 December, 2003 with attached revised partial Landscape Plan L101. Revised Paving and Stripping Plan — 8'/z x 11 END OF POST PROPOSAL AMENDMENT 3 of 3