R-07-02-22-8C1 - 2/22/2007RESOLUTION NO. R -07-02-22-8C1
WHEREAS, the City of Round Rock has previously determined in
Resolution No. R -06-12-21-9C2 that "Competitive Sealed Proposal" is the
delivery method which provides the best value for the City for
construction of the Amphitheater to be located south of the Allen R.
Baca Center for Senior and Community Activities, and
WHEREAS, after advertising for and receiving proposals from
offerors, the City of Round Rock determines that Fazzone Construction
Company, 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 Fazzone Construction Company, Inc.,
and wishes to enter into a "Post -Proposal Negotiated Amendment" with
Fazzone Construction Company, Inc. outlining the above -referenced
changes and modifications, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
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That, after advertising for and receiving proposals from offerors,
the City of Round Rock hereby finds that Fazzone Construction Company,
Inc. is the offeror which offers the best value for the City.
BE IT FURTHER RESOLVED
That the Mayor is hereby authorized and directed to execute on
behalf of the City a "Standard Form of Agreement Between Owner and
Contractor Where the Basis of Payment is a Stipulated Sum" with Fazzone
Construction Company, Inc. and a "Post -Proposal Negotiated Amendment"
with Fazzone Construction Company, Inc. for construction of the
Amphitheater to be located south of the Allen R. Baca Center for Senior
and Community Activities, 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
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.
the
RESOLVED this 22nd day of February, 2007.
N WE , Mayor
City of Round Rock, Texas
ST:
CHRISTINE R. MARTINEZ, City Secrtary
2
Standard Form of Agreement Between Owner and
Contractor where the basis of payment is a STIPULATED SUM
AIA Document Al 01 -1997
1997 Edition -Electronic Format
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS
ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS
ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401.
AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do
not use with other general conditions unless this document is modified.
This document has been approved and endorsed by The Associated General Contractors of America.
Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, C 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
year of 2007. () day of
(In words, indicate day, month and year)
BETWEEN the Owner:
(Name, address and other information)
and the Contractor
(Name, address, other information)
The Project is:
The Architect is:
(Name, address and other information)
City of Round Rock, Texas
221 East Main Street
Round Rock, Texas 78664
Fazzone Construction Co. Inc.
2008 Windy Terrace
Cedar Park, Texas 78613
in the
Amphitheater at Baca Center
301 West Bagdad Building 2
Round Rock, Texas
The project consists of the general construction of a 1276 square foot
amphitheater with a concrete foundation where a standing seam metal
roof is supported by structural steel and tension rods. A ramp,
staircase, and partial perimeter of the stage will be encompassed by
wall of differing heights composed of CMU block, lueder stone veneer,
and stone caps. Minor re -grading of the surrounding landscape and
electrical infrastructure for sound and lighting should be provided for
the scope of this construction.
Moman Architects
309 W. Main Street, Suite 120
Round Rock, Texas 78664
11 EXHIBIT
nAn
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.
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.
33 The Contractor shall achieve Substantial Completion of the entire Work not later than May 18, 2007.
(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, ifany, for liquidated damages relating to failure to complete on time or for bonus payments for earl
completion of the Work)
Y
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 Two Hundred Fifty and No/100 Dollars (5250.00) 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
Documents(ors any portion thereof) in the Agreement shall be subject to adjustment as provided in the Contract
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 TWO HUNDRED TWENTY-FIVE THOUSAND Dollars (225,000.00),
subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract
Documents and are hereby accepted by the Owner:
(State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner
subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the
date when that amount expires)
4.3 Unit prices, if any, are as follows:
ARTICLE 5 PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submitted to the Architect and Owner by the Contractor and
Certificates for Payment issued by the Architect and not disputed by Owner and/or Owner's lender, the Owner shall
make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the
Contract Documents,
5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of
the month, or as follows:
5.1.3 Provided that an Application for Payment is received by the Architect and Owner, and the Architect issues
a Certificate of Payment not later than the tenth (10th) day of a month, the Owner shall make payment to the
Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by the
Architect and Owner after the application date fixed above, payment shall be made by the Owner not later than one
month days after the Architect
issues a Certificate for Payment.
5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by the
Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract
Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported
by such data to substantiate its accuracy as the Architect and Owner may require. This schedule, unless objected to
by the Architect or Owner, shall be used as a basis for reviewing the Contractor's Applications for Payment
5.1.5 Applications for Payment shall indicate warrant the percentage of completion of each portion of the Work
as of the end of the period covered by the Application for Payment.
5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be
computed as follows:
.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by
multiplying the percentage completion of each portion of the Work by the share of the Contract
Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent
(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 (errif
vaLiting), less retainage of five (5) percent.
.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
under the following circumstances:
The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified
.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to
thetellieeetrat ninety-five percent (95%) 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.)
5.1.8
.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
percentages inserted in Clauses 51.61 and 5.1.6 2 above, and this it not explained elsewhere in the Contract Documents,
here provisions or from the
j such reduction or limitation)
meets, insert
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 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,
to thirty lews:has In no event shall final payment be required to be made prior
(30) days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to
payment and not treated as warranty items.
final payment shall be treated as non -conforming Work and shall be corrected by the Contractor prior to final
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
legated:
(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
place where the Project is located.
(61st) day after the date such undisputed fmal payment is due at the legal rate prevailing from time to time at the
(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
requirements such as written disclosures or waivers.)
validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding
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, Texas 78664
Joe Fazzone
President
2008 Windy Terrace
Cedar Park, Texas 78613
notice to the other party.
7.5 Neither the Owner's nor the Contractor's representative shall be changed without ten (10) days' written
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), Dons), are enumerated as follows:
8.1.1 The Agreement is this executed 1997 edition of the Standard Fonn of Agreement Between Owner and
Contractor, AIA Document A 10 1-1997, as modified herein.
8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction,
AIA Document A201-1997, as modified therein,
8.13 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated,
and are as follows:
Document Title Pages
.1.4
folio The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as
8ollows:
(Either list the Specifications here or refer to an exhibit attached to this Agreement)
Section Title Pages
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 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.
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 pmt 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 CONTRACTOR
FAZZONE CONSTRUCTION COMPANY, INC.
Nyle Maxwell, Mayor
Date Signed:
ATTEST:
Christine R. Martinez, City Secretary
t
APPROVED AS TO FORM:
Stephan L. Sheets, City Attomey
Joe Fazzone, President
Date Signed:
POST -PROPOSAL NEGO IAT D AMENDMENT
THE STATE OF TEXAS
COUNTY OF WILLIA11ISON
§
§
KNOW ALL BY THESE PRESENTS:
That this "Post -Proposal Negotiated Amendment" is made by and between the City of Round Rock, located
at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as the "City") and Fazzone Construction
Company, Inc., located at 2008 Windy Terrace, Cedar Park, Texas 78613 (hereinafter referred to as "Fazzone
Construction").
WHEREAS, the City selected Fazzone Construction 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 Amphitheater at Baca
Center.
the selected offeror opt ons for, Texas o al Govee orrnment
Cofication and an allows the City and its architect to "discuss with
and y price change associated with the modification,"
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 Fazzone Construction 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 Fazzone Construction have executed this "Post -Proposal
Negotiated Amendment" in triplicate originals.
OWNER:
PROPOSER:
CITY OF ROUND ROCK, TEXAS Fazzone Construction Company, Inc.
Nyle Maxwell, Mayor
Date Signed:
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City ity Attorney
Joe Fazzone, President
Date Signed:
EXHIBIT
I
EXHIBIT "A"
February 7, 2007
To the Drawings and Specifications issued for the City of Round Rock for Amphitheater at the Baca Center located
at 301 W. Bagdad, Round Rock, Texas
As Drawn by Moman Architects
Amendment Date: February 7, 2007
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 govem and take precedence.
B. The Contactor 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 Drawing and Specifications as follows:
Item No. 1 Eliminate the Hump, concrete associated with
and ramp handrails Deduct $ 2,750.00
Item No. 2 Remove the waterproofing inside the wall cavity Deduct
for all CMU block $ 750.00
Item No. 3 Reuse a small portion of the spoils during site Deduct
work to form a berm toward the east end of the $ 950.00
Site in lieu of haul off
Item No. 4 Eliminate the 5 lights located at the end of the Deduct
rafters. Install electrical for future lights $ 1,250.00
Item No. 5 Eliminate the storage room, associated CMU
block and lueder stone and concreteDeduct $13,950.00
door and frame, foundation
flame, and electrical
Item No. 6 Eliminate the concrete stain
Deduct $ 6,750.00
I em No. 7 Eliminate the removal of the existing storm Deduct
Pipe and headwall. Leave piping in place $12,250.00
And add additional concrete if needed to support
The slab
Item No. 8
Use straight sawn cut lueder cap stone in lieu of Deduct
Taper cut stone $ 1,350.00
Net Reduction of Original Proposal
$40,000.00
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G. Creek Construction
Fazzone Construction Co., Inc.
2008 Windy Terrace
Cedar Park, TX 78613
RE: Amphitheater at the Baca Sr. Activity Center
Revised Costs with Value Engineer Items
Original Bid: $ 265,000.00
Adjustments for VE Items:
1 Eliminate the ramp, concrete associated with and ramp handrails.
2 Remove the waterproofing inside the wall cavity for all CMU block.
3 Re -use a small portion of the spoils during site work to form a berm
toward the east end of the site in lieu of haul off.
4 Eliminate the 5 lights located at the end of the rafters.
Install electrical for future users to install their own lights.
5 Eliminate the storage room, associated CMU block and lueder stone
and concrete foundation, door and frame, and electrical.
6 Eliminate the concrete stain.
7 Eliminate the removal of the existing storm pipe and headwall.
Leave piping in place and add additional concrete if need to support the slab.
8 Use straight sawn cut lueder cap stone in lieu of taper cut stone.
Net Deduct in Cost
Revised Total Cost
$ (2,750.00)
$ (750.00)
$ (950.00)
$ (1,250.00)
$ (13,950.00)
$ (6,750.00)
$ (12,250.00)
$ (1,350.00)
$ (40,000.00)
$ 225, 000.00
DATE: February 15, 2007
SUBJECT: City Council Meeting - February 22, 2007
ITEM: 8.C.1. Consider a resolution determining that Fazzone Construction
Company, Inc. provides the best value for the City for the
construction of the Amphitheater, and authorizing the Mayor
to execute a Standard Form of Agreement, and a Post -
Proposal Negotiated Amendment.
Department: Engineering & Development Services
Staff Person: Tom Word, Chief of Public Works Operations
Justification:
The Amphitheater is to be located at 301 W. Bagdad Street behind the Allen R.
Baca Center for Senior and Community Activities.
The City received four Competitive Sealed Proposals on January 18, 2007 for the
Amphitheater project. Fazzone Construction was selected as the proposal that is the
"Best Value" to the city by a committee that consisted of the design architect,
engineer, city construction manager, and city PARD representative.
Funding:
Cost:
Source of funds:
$225,000.00
2002 GO Bonds
Outside Resources: N/A
Background Information: N/A
Public Comment: N/A