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R-06-03-23-14D1 - 3/23/2006RESOLUTION NO. R -06-03-23-14D1 WHEREAS, the City of Round Rock has previously determined in Resolution No. R -04-03-25-14G2 that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of Fire Station #2 at 200 West Bagdad Avenue, and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determines that Royce Construction Company 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 Company, and wishes to enter into a "Post -Proposal Negotiated Amendment" with Royce Construction Company outlining the above -referenced changes and modifications, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That, after advertising for and receiving proposals from offerors, the City of Round Rock hereby finds that Royce Construction Company is the offeror which offers the best value for the City. @PFDesktop\ODMA/WORLDOX/O:/WDOX/RESOLUTI/R60323D1.WPD/jkg BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with Royce Construction Company and a "Post -Proposal Negotiated Amendment" with Royce Construction Company for construction of the Fire Station #2 at 200 West Bagdad Avenue, 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 23rd day of March, 2006. A CHRISTINE R. MARTINEZ, City Secre 2 , Mayor y of Round Rock, Texas EXHIBIT "An Standard 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 (In words, indicate day, month and year) BETWEEN the Owner: (Name, address, other information) and the Contractor (Name, address, other information) The Project is: The Architect is: (Name, address, other information) The Owner and Contractor agree as follows: ( ) day of in the year of 2006. The City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Royce Construction Company, Inc. 1801 Whip 0 Will Round Rock, Texas 78664 Construction of a new two-story building of approximately 7,680 square feet, which construction shall include but not be limited to truck bays, offices, and dormitory rooms. Fire Station #2 will be located at 200 West Bagdad, Round Rock, Williamson County, Texas. PBS & J Architecture 1120 Capital of Texas Highway Building #3, Suite 1000 Austin, Texas 78746 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: 00097037/jkg AIA Order Number 1000164302, which expires on 02/18/2007 -- Page #1 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. 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 Three Hundred Thirty (330) days from issuance by Owner and Architect of the Notice to Proceed. (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.) 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 Five Hundred and No/100 Dollars ($500.00) for each calendar day that Substantial Completion is delayed 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: 00097037/jkg AIA Order Number 1000164302, which expires on 02/18/2007 -- Page #2 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 ONE HUNDRED FIFTY-FIVE THOUSAND NINE HUNDRED FORTY-NINE DOLLARS AND NO/100 ($1,155,949.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the 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 issues a Certificate for Payment. 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 pennission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: 00097037/jkg AIA Order Number 1000164302, which expires on 02/18/2007 -- 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 ten percent (10 %). 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 :. less retainage of ten percent (10%). .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: 5.1.8 .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the-full-amen/in 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 ofAIA 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 5.1.6 1 and 5.1.6 2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) 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: 00097037/jkg AIA Order Number 1000164302, which expires on 02/18/2007 -- Page #4 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. 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 fmal 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 fmal Certificate for Payment or €o}lews: 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 fmal 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. (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.) 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: 00097037/jkg AIA Order Number 1000164302, which expires on 02/18/2007 -- Page #5 7.3 The Owner's representative is: (Name, address and other information) 7.4 The Contractor's representative is: Larry Madsen Construction Manager 2008 Enterprise Round Rock, TX 78664 Royce Tschatschula 1801 Whip 0 Will Round Rock, TX 78681 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 Pages Title 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 Pages 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.) Number Date Title 8.1.6 The Addenda, if any, are as follows: Number Pages Date 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 pennission of the AIA and can be reproduced without violation until the date of expiration as noted below. Electronic Format A101-1997 User Document: 00097037/jkg AIA Order Number 1000164302, which expires on 02/18/2007 -- 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 ROYCE CONSTRUCTION COMPANY, INC. Nyle Maxwell, Mayor Royce Tschatschula, President Date Signed: Date Signed: ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney 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: 00097037/jkg AIA Order Number 1000164302, which expires on 02/18/2007 -- Page #7 a EXHIBIT "B" POST -PROPOSAL NEGOTIATED AMENDMENT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON 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 Royce Construction Company, Inc., located at 1801 Whip 0 Will, Round Rock, Texas, 78681 (hereinafter referred to as "Royce"). WHEREAS, the City 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 the Fire Station No. 2 project; 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 Royce Tschatschula, President Date Signed: Date Signed: ATTEST: Christine R. Martinez, City Secretary APPROVED AS TO FORM: Stephan L. Sheets, City Attorney 00097056/jkg EXHIBIT "A" Amendment Date: March 23, 2006 Changes to scope and price changes associated with post -proposal negotiated modifications to the Drawings and Specifications issued for the City of Round Rock Fire Station No. 2 project located at 200 West Bagdad Avenue, Round Rock, Texas, as drawn by PBS & J Architecture NOTICE A. This Post -Proposal Negotiated Amendment shall be considered part of the Contract Documents for the above -referenced project as though it had been issued at the same time and incorporated integrally therewith. Where provisions of the following supplementary data differ from those in the original Contract Documents, this Post - Proposal Negotiated Amendment shall govern and take precedence. B. The Contractor is hereby notified that it shall make any and all necessary adjustments in its estimates based upon and on account of this Post -Proposal Negotiated Amendment. This document shall be stapled in the back of the Contractor's specifications. Reference is made to the Drawings and Specifications as follows: Item No. 1 Delete All Cast Stone from Project, Replace Masonry with Residential Limestone Rock Deduct $99,000 Item No. 2 Delete Stainless Steel Countertops, Replace with Plastic Laminated Tops Deduct $ 8,000 Item No. 3 Delete Metal Roof, Replace with Asphalt Shingles (30 Year) and with Seamless Gutter and Fascia Trim Deduct $37,419 Item No. 4 Delete Exterior Lighted Signage as Specified Deduct $28,400 Item No. 5 Delete Miscellaneous Steel Required for Cast Stone and Arched Openings Deduct $14,232 Item No. 6 Delete Concrete Pavers at Sidewalk on Property Deduct $ 4,000 Item No. 7 Addition for Exterior Sign Allowance Add $ 4,000 Net Reduction from Original Proposal $187,051 RECAPITULATION OF DEDUCTIONS, ADDITIONS, AND CREDITS Item Amount Item No. 1 ($99,000) Item No. 2 ($ 8,000) Item No. 3 ($37,419) Item No. 4 ($28,400) Item No. 5 ($14,232) Item No. 6 ($ 4,000) Item No. 7 +$ 4,000 TOTAL ($187,051) Fire Station #2 Experience/Qualifications Key Personnel to Price wI Comparable Projects be Assigned Contractor Name Base Price Alternates Totals Total Cost 45% 40% 15% Total Points FINAL RANKING a N N (+) S O O O S W O O S O SO O ,4 0.00 1 0.00 S0 O in gi S O S cid 0 1 95.00 1 S O S do S 1 89.50 l 1 o.00 C 1 o.00 S 0 S 0 S 0 S 0 0 0 0 0 L o.00 S 0 0 0 S 0 0.00 p M N 38 7 M 39.50 42.00 0 o o vi 6 69 (Lowest Priced Proposal /Proposer's Price) X 45 = Price Score 1 $1,343,000/$1,527,000x45=39.5 (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $1,343,000/$1445,000x45=42 69 i(Lowest Priced Proposal/Proposers Price) X 45 = Prlce Score $1,343,000/$1,488,000x45=40.5 69 (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $1,343,000/$1,343,000x45=45 69 (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $1,343,000/$1530,000x45=39.5 69 (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score 69 (Lowest Priced Proposal /Proposer's Price) X 35 = Price Score 69 (Lowest Priced Proposal / Proposers Price) X 45 = Price Score Troy Bonnet Construction Fazzone Construction G Creek Construction Royce Construction Company The Barr Company P E �`BSER Z R UND � ROCKAVE N N g'C NA E Z 03 Na OCL N OtL Z P N�1 gPC' n GOP PVE r V�SP o � N 03 NA IPA �oR�NG�S't F NTS FIRE STATION NO. 2 206 W. BAGDAD wo '°'a DATE: March 16, 2006 SUBJECT: City Council Meeting - March 23, 2006 ITEM: 14.D.1. Consider a resolution determining that Royce Construction Company offers the best value for the City for the construction of Fire Station #2 at 200 West Bagdad Avenue, and 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 Company. Department: Engineering & Development Services Staff Person: Tom Word, Chief of Public Works Operations Larry Madsen, Liaison Construction Manager Justification: The City accepted Competitive Sealed Proposals on February 14, 2006. Royce Construction submitted the proposal that is the "Best Value" for the City. Funding: Cost: $1,155,949 Source of funds: 2002 G.O. Bonds Outside Resources: Royce Construction Company Background Information: The City received five proposals and a review committee consisting of Architect, Construction Manager, Project Manager, and Fire Department Logistic Officer reviewed and graded the proposals. Royce Construction Company was number one from all the proposals received. Public Comment: The Project Construction Cost was more than available funds. The Architect and Contractor provided a list of items to be valued engineered and a cost was determined for these items to bring the project within available funds. Standard 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 A NEY COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY D DOCUMENT D401 GED WITH RESPECT TO ITS AY BE MADE BY USING AIA AIA Document A201-1997, General Conditions of the Contract for Co. sn, adopt: is document by reference. Do not use with other general conditions unless this document is modified. This docu•• .as been approved and endors Cop herei legal eral Contractors of America. , 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material written permission of the AIA violates the copt laws of the United States and will subject the violator to AGREEMENT made as of ( ) day of in the year of 2006. (In words, indicate day, month and year) BETWEEN the Over: (Name, address, other i and the Contractor (Name, address, other informatio) The Project is: City of Round Rock, Texas 221 East Main Street Round Rock, Texas 786 Royc Con at .ms. -, Inc. 180 hip R� 1L as 78664 The Architect is: (Name, address, other in ormation) The Owner and Contractor agree as follows: nstruction of a new two-story building of approximately 7,680 square feet, which construction shall include but not be limited to truck bays, offices, and dormitory rooms. Fire Station #2 will be located at 200 West Bagdad, Round Rock, Williamson County, Texas. PBS & J Architecture 1120 Capital of Texas Highway Building #3, Suite 1000 Austin, Texas 78746 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: 00097037/jkg AIA Order Number 1000164302, which expires on 02/18/2007 -- Page #1