R-07-05-24-11E4 - 5/24/2007 RESOLUTION NO. R-07-05-24-11E4
WHEREAS, the City of Round Rock has previously entered into a
contract ("Contract") with RGM Constructors, L.P. ("RGM") for the A.W.
Grimes, Phase II Construction Project ("Project") , and
WHEREAS, the failure by Union Pacific Railroad to fulfill their
original contractual obligation has caused unforseen delays for the
Project and has resulted in increased costs for RGM, and
WHEREAS, RGM has submitted a Contractor Claim No. 1 regarding the
increased costs caused by the delays, 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, Contractor Claim No. 1 for the A.W. Grimes, Phase
II Construction Project, a copy of said contractor claim being attached
hereto as Exhibit "A" 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 24th day of May, 200
714
L, Mayor
Ci y of Round Rock, Texas
AT\TEST-.
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ly LkLAh YUJ R
CHRISTINE R. MARTINEZ, City Setretary
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CITY OF ROUND ROCK
CONTRACTOR'S RELEASE OF CLAIMS
DEPARTMENT: Public Works PAGE 1 OF 1
PROJECT: A.W. Grimes Project, Phase II DATE: 5/16/2007
ORIGINAL CONTRACT DATE: 7/14/2005 RELEASE#: 1
ORIGINAL CONTRACT PRICE: $4.978,357.76
CONTRACTOR'S REASON/BASIS FOR CLAIM: Direct and unavoidable extra cost caused by
failure of Union Pacific RR to timely complete reconstruction of bridge, thereby causing
unforeseen delays and increased costs for bridge formwork and subcontractors.
CONTRACTOR'S DATA
CONTRACTOR'S BUSINESS NAME, ADDRESS, TELEPHONE NUMBER, FAX NUMBER, EMAIL
ADDRESS: RGM Constructors, L.P. ("RGM"), 15603 North IH 35, Pflugerville, TX 78660
AMOUNT(S) CLAIMED BY CONTRACTOR TO BE PAID BY CITY: $ 217.017.13
FULL AND FINAL RELEASE
Pursuant to the contract and the sum specified herein and upon payment by the City of Round Rock,
Texas, the Contractor does hereby release, remise, relinquish and discharge the City, its officers,
agents, and employees, from any and all liabilities, claims, demands, and causes of action of every
kind and character, including the cost of defense thereof, for any injury to, including death, of
persons (whether they be third persons, contractors, or employees of either of the parties hereto)
and any loss of or damage to property(whether the same be that of either of the parties hereto or of
third parties) caused by or alleged to be caused by, arising out of, or in connection with the contract
whether or not said claims, demands and causes of action in whole or in part are covered by
insurance. IN WITNESS WHEREOF, this Full and Final Release is hereby executed.
By:
Printed Name:
Title:
Date Signed: 5/24/2007
For the person signing above on behalf of the Contractor, I certify under oath that: I hold the office
indicated in the corporation/company, that I signed said release on behalf of the Contractor and that
I was authorized to do so, and that this document was signed on behalf of the entity by authority of
its governing body and is within the scope of its powers.
By:
Certifying Official for Contractor
APPROVED:
CITY OF ROUND ROCK, TEXAS
EXHIBIT
"An
DATE: May 17, 2007
SUBJECT: City Council Meeting - May 24, 2007
ITEM: 11E4. Consider a resolution authorizing the Mayor to execute Contractor
Claim No. 1 for the A.W. Grimes Improvements Project, Phase II.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E.
Justification:
Due to the failure by UPRR to fulfill their original contractual obligation for the
reconstruction of railroad bridge over Brushy Creek (and A.W. Grimes Blvd.), the City's
constructor, RGM Construction was delayed and incurred additional unforeseen costs. These
costs included:
■ $141,841.50 for 3 months of additional bridge formwork rental;
■ $ 75,175.63 to fund increases in asphalt costs past the original contract completion
date.
Funding:
Cost: $217,017.13
Source of funds: 4B Transportation Fund
Outside Resources: Rodriguez Transportation Group
Background Information:
The A.W. Grimes Boulevard Phase II project was awarded to RGM Constructors, L.P., by
Council on July 14, 2005. Phase II constructs a six-lane section from US 79 to Lake Creek
including curb and gutter, sidewalk, a raised median, drainage and utility improvements, a
bridge over Brushy Creek and a crossing under the Union Pacific Railroad. When complete,
A.W. Grimes Boulevard will provide the final link for connecting Georgetown, Round Rock
and Pflugerville.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK
CONTRACTOR'S RELEASE OF CLAIMS
DEPARTMENT: Public Works PAGE 1 OF 1
PROJECT: A.W. Grimes Project, Phase II DATE: 5/16/2007
ORIGINAL CONTRACT DATE: 7/14/2005 RELEASE #: 1
ORIGINAL CONTRACT PRICE: $4,978,357.76
CONTRACTOR'S REASON/BASIS FOR CLAIM: Direct and unavoidable extra cost caused by
failure of Union Pacific RR to timely complete reconstruction of bridge thereby causing
unforeseen delays and increased costs for bridge formwork and subcontractors.
CONTRACTOR'S DATA
CONTRACTOR'S BUSINESS NAME, ADDRESS, TELEPHONE NUMBER, FAX NUMBER, EMAIL
ADDRESS: RGM Constructors L P ("RGM") 15603 North IH 35 Pflugerville, TX 78660
AMOUNT(S) CLAIMED BY CONTRACTOR TO BE PAID BY CITY: $217,017.13
FULL AND FINAL RELEASE
Pursuant to the contract and the sum specified herein and upon payment by the City of Round Rock,
Texas, the Contractor does hereby release, remise, relinquish and discharge the City, its officers,
agents, and employees, from any and all liabilities, claims, demands, and causes of action of every
kind and character, including the cost of defense thereof, for any injury to, including death, of
persons (whether they be third persons, contractors, or employees of either of the parties hereto)
and any loss of or damage to property (whether the same be that of either of the parties hereto or of
third parties) caused by or alleged to be caused by, arising out of, or in connection with the contract
whether or not said claims, demands and causes of action in whole or in part are covered by
insurance. This does not release any claim that the Contractor might have for (1) direct cost caused
by delays occurring in the future, or (2) indirect cost caused by past or future delays. IN WITNESS
WHEREOF, this Full and Final Release is hereby executed.
By: /C
Printed Name: Robert G Allison
Title: Vice President
Date Signed: 5/24/2007
For the person signing above on behalf of the Contractor, I certify under oath that: I hold the office
indicated in the corporation/company, that I signed said release on behalf of the Contractor and that
I was authorized to do so, and that this document was signed on behalf of the entity by authority of
its governing body and is within the scope of its powers. /p
y:
APPROVCertifying Official for Contractor
ED:
OF ROUND 2ROCK, TEXAS
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