R-07-02-22-8C2 - 2/22/2007RESOLUTION NO. R -07-02-22-8C2
WHEREAS, the City of Round Rock has previously determined in
Resolution No. R -04-03-25-14G1 that "Competitive Sealed Proposal" is
the delivery method which provides the best value for the City for
construction of the new Police Station located at 3001 Tellabs Drive,
and
WHEREAS, after advertising for and receiving proposals from
offerors, the City of Round Rock determines that FT Woods Construction
Services 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 FT Woods Construction Services Inc.,
and wishes to enter into a "Post -Proposal Negotiated Amendment" with FT
Woods Construction Services 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 FT Woods Construction Services
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 FT
Woods Construction Services Inc. and a "Post -Proposal Negotiated
Amendment" with FT Woods Construction Services Inc. for construction of
the new Police Station located at 3001 Tellabs Drive, 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 22nd day of February, 2007.
Mayor
ity" of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Secretary
2
Standard Form of Agreement Between Owner and
Contractor where the bath 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, O 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 () day of in the
year of 200
(In words, indicate day, month and year)
BETWEEN the Owner: The City of Round Rock, Texas
(Name, address and other information) 221 East Main Street
Round Rock, Texas 78664
and the Contractor
(Name, address, other information)
The Project is:
The Architect is:
FT Woods Construction Services, Inc.
1966 South Austin Avenue
Georgetown, Texas 78626
Round Rock Police Facility
Renovations to an existing one story building of approximately 124,000 square
feet. The building was being utilized for office warehouse and will be modified
to a police facility. Interior courtyards will be incorporated.
Brinkley Sargent Architects, Inc.
5000 Quorum Drive, Suite 600
Dallas, Texas 75254
V: 972 960 9970 F: 972 960 9751
EXHIBIT
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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.
3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than two hundred seventy
(270) 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)
3.4 If Contractor fails to achieve Substantial Completion of the Work (or any portion thereot) on or before the
date(s) specified for Substantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated
damages, the Sum of One Thousand and No/100 Dollars ($1,000.00) for each calendar day that Substantial
Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated
damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that
would be caused by Contractor's failure to achieve Substantial Completion of the Work (or any portion thereof) on
or before the date(s) specified for Substantial Completion in the Agreement. It is agreed that the harm that would be
caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage
facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate
estimation. It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on
or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, the harm that
would be caused to Owner cannot be reasonably forecast because it would include business disruption to Owner in
addition to loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of
moving and occupancy dates. Thus, the liquidated damages set forth herein and above will cease to be assessed
under the Contract Documents after thirty (30) days after the date(s) specified for Substantial Completion in the
Agreement, and Owner shall thereafter rely on its remedies under the Contract Documents and at law and in equity,
including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the
Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the Contract
Documents.
ARTICLE 4 CONTRACT SUM
4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of
the Contract. The Contract Sum shall be TEN MILLION EIGHT HUNDRED EIGHTY FOUR THOUSAND
Dollars ($10,884,000.00), 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 ArchitectGeeeives-1he-Applieatienissues 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 (ex; -4f
writing), 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 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 -amount 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 surely, ifany.)
.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.
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, Of-afriellOWS: 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
teemed:
(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: F. Todd Woods, President
FT Woods Construction
1966 Austin Avenue
Georgetown, Texas 78626
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 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 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 FT WOODS CONSTRUCTION SERVICES, INC.
Nyle Maxwell, Mayor F. Todd Woods, President
Date Signed: Date Signed:
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attomey
POST -PROPOSAL NEGOTIATED AMENDMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMSON
§
KNOW ALL BY THESE PRESENTS:
That this "Post -Proposal Negotiated Amendment: is made by and between the City of Round Rock, located
at 221 East Main Street, Round Rock, Texas, 78664 (hereinafter referred to as the "City") and FT Woods
Construction Services Inc., located at 1966 South Austin Avenue Georgetown, Texas 78626 (hereinafter referred to
as "FT Woods Construction").
WHEREAS, the City selected FT Woods 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 Round Rock Police
Facility.
WHEREAS, Texas Local Govenunent Code §271.116(1) 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 FT Woods 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 FT Woods Construction have executed this "Post -Proposal
Negotiated Amendment" in Triplicate originals,
OWNER:
CITY OF ROUND ROCK, TEXAS PROPOSER:
FT WOODS CONSTRUCTION SERVICES INC.
Nyle Maxwell, Mayor F. Todd Woods, President
Date Signed: Date Signed:
ATTEST:
Christine R. Martinez, City Secretary
APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
EXHIBIT
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EXHIBIT "A:'
February 9, 2007
To the Drawings and Specifications issued for the City of Round Rock for
Round Rock Police Facility 3001 Tellabs, Round Rock, Texas
As Drawn by Brinkley Sargent Architects
Amendment Date: February 9, 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 govern 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. Cost savings using 2005 U.S. Department of Deduct
to $ 68,231
Labor Occupational Employment yment Statistics
(most current) in lieu of the prevailing wage
rates indicated in the specifications.
Item No. 2 Cost savings for solid surface tops at areas Deduct
that are currently stone tops. $ 9,890
Item No. 3 Propose alternative material for construction
of stone fence at entry drive. Deduct $ 33 551
Double Wythe 1i' split -faced CMU block.
Item No. 4 Altemative material/manufacturer of exterior
metal wall panels and courtyard window canopies. Deduct $ 53,040
MBCI Flex -Loc 24ga.
Item No. 5 Delete portion of the stone walls, green screens, Deduct
and RCP planters in the courtyards. $ 70,000
Item No. 6 Cost savings for eliminating 3 of the 6
drying cabinets. Deduct $ 14,530
Item No. 7 Cost savings for using alternative carpet. Deduct
Patterned carpet tile. $ 39,018
t m No 8 Cost savings for using some pre -fabricated
Deduct $ 1,500
mail room cabinetry in lieu of custom.
Item No. 9 Cost savings to use an alternate lighting package Deduct
$ 46,066
Item No. 10 Use aluminum in lieu of copper for panel feeders Deduct
$ 9,000
Item No. 11 Cost savings to eliminate Mannoleum in the Deduct
corridors and locker rooms and replace with a $ 24,000
more standard tile product. Standard Excelon VCT.
Item No. 12 Cost savings to reduce scope of wall tile in the Deduct
restrooms to "wet walls' only $ 14,733
(or as required by Code) and paint the remainder.
Item No. 13 Cost savings to remove the wainscot from the Deduct
Media Conference Room. $ 2,500
Item No. 14 Use standard 14" roof curbs in lieu of the 18" Deduct
$ 5,350
curbs.
Item No. 15 In-house air balance in lieu of certified. Deduct
$ 4,100
Item No. 16 Delete Vinyl fabric wall covering Deduct
VWC I, FWC2 and replace with $23,086
paint in certain areas.
Item No. 17 Change tile spec to a $3.00/SF material Deduct
allowance. Main lobby stay. $ 60,000
Item No. 18 Delete paving & base at South Driveway, Deduct
$ 43,840
Item No. 19 Revise Detention Area.
Deduct $ 40,000
Item No. 20 Eliminate tree protection in areas not touched Deduct
by construction. $ 4,970
Item No. 21 Remove Access Control and CCTV/Security Deduct
scopes from the contract with FT Woods. $208,595
Net Reduction of Original Proposal
$776,000
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DATE: February 15, 2007
SUBJECT: City Council Meeting - February 22, 2007
ITEM: 8.C.2, Consider a resolution determining that FT Woods
Construction Services Inc. provides the best value for the
City for the construction of the Police Department Station at
3001 Tellabs Drive 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 City received six Competitive Sealed Proposals on December 19, 2006 for the
Police Department Station Project. FT Woods Construction was selected as the
proposal that is the "Best Value" for the city by a committee of the design architect,
city construction manager and representatives of the police department.
Funding:
Cost: $10,884,000.00
Source of funds: 2002 GO Bond Money; General Self Finance Construction
Outside Resources:
FT Woods Construction Services and Brinkley Sargent Architects
Background Information:
The total proposal cost was reduced by the City and the contractor through value
engineering of the project. The original proposal amount was $11,660,000 and has
been reduced $776,000.00 to $10,884,000. Some of the major items that make up
the value engineering included the following:
Reduced Prevailing Wage Rates for Round Rock Area by the U.S. Department
of Labor 2005 Survey.
• Alternative materials for Stone Fence.
• Alternative Materials for four Courtyards.
• Alternative flooring selections and allowances.
• Cost Savings in lighting package.
• Revised Wall products for Detention area.
• Remove Access Control and Security Equipment and city would
lease/purchase equipment.
Public Comment: N/A