R-07-05-24-11E5 - 5/24/2007 RESOLUTION NO. R-07-05-24-11E5
WHEREAS, the City of Round Rock has previously entered into a
contract ("Contract") with RGM Constructors, L.P. ("RGM") for the
Kiphen Road, Phase II Construction Project, and
WHEREAS, the relocation of various utilities, as well as the
acquisition of certain parcels of required rights-of-way 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 Kiphen Road, 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, 2007
NY L, Mayor
of Round Rock, Texas
CHRISTINE R. MARTINEZ, City Sec tary
0:\wdox\RESOLUTI\R70524ES.WPD/rMC/0199-0048
CITY OF ROUND ROCK
CONTRACTOR'S RELEASE OF CLAIMS
DEPARTMENT: Public Works PAGE 1 OF 1
PROJECT: Kiphen Road, Phase II DATE: 5/17/2007
ORIGINAL CONTRACT DATE: 11/22/2005 RELEASE M 1
ORIGINAL CONTRACT PRICE: $7,410.510.31
CONTRACTOR'S REASON/BASIS FOR CLAIM: Direct and unavoidable extra cost caused by
failure of utility entities to timely relocate, causing City to be unable to furnish access to the
work until such time as original asphalt commodity prices had increased.
CONTRACTOR'S DATA
CONTRACTOR'S BUSINESS NAME, ADDRESS, TELEPHONE NUMBER, FAX NUMBER, EMAIL
ADDRESS: RGM Constructors, L.P. ("RGM"), 15603 N. I1-135, Pflugerville, TX 78660
AMOUNT(S) CLAIMED BY CONTRACTOR TO BE PAID BY CITY: $495.450.88
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:
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
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Kiphen Road Phase II
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DATE: May 17, 2007
SUBJECT: City Council Meeting - May 24, 2007
ITEM: 11E5. Consider a resolution authorizing the Mayor to execute Contractor
Claim No. 1 for the Kiphen Road Improvements Project, Phase II.
Department: Transportation Services
Staff Person: Thomas G. Martin, P.E.
Justification:
Due to extensive delays caused by the relocation of utilities including Southwestern Bell
(ATT), Time Warner Cable, Atmos Gas and TXU Electric as well as the acquisition of certain
parcels of required rights-of-way, the original asphalt commodity price provided to the City's
contractor for this project, RGM Construction, expired on the original contract completion
date of March 21, 2007. RGM will incur increases in asphalt costs in the amount of
$495,450.88 for the remaining pavement to be placed.
Funding:
Cost: $495,450.88
Source of funds: 4B Transportation Fund
Outside Resources: Chiang, Patel &Yerby, Inc.
Background Information:
The project, in accordance with the City's Transportation Master Plan reconstructs a two-
lane roadway to a four-lane divided Arterial.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
CITY OF ROUND ROCK
CONTRACTOR'S RELEASE OF CLAIMS
DEPARTMENT: Public Works PAGE 1 OF 1
PROJECT. Kiphen Road, Phase II DATE: 5/17/2007
ORIGINAL CONTRACT DATE: 11/22/2005 RELEASE #: 1
ORIGINAL CONTRACT PRICE: $7.410,510.31
CONTRACTOR'S REASON/BASIS FOR CLAIM: Direct and unavoidable extra cost caused by
failure of utility entities to timely relocate causing City to be unable to furnish access to the
work until such time as original asphalt commodity prices had increased.
CONTRACTOR'S DATA
CONTRACTOR'S BUSINESS NAME, ADDRESS, TELEPHONE NUMBER, FAX NUMBER, EMAIL
ADDRESS: RGM Constructors L P ("RGM") 15603 N IH35, Pflugerville TX 78660
AMOUNT(S) CLAIMED BY CONTRACTOR TO BE PAID BY CITY: $495,450.88
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.
Printed Name: (ZobeA G.Akl,'soh
Title: �J i C-e-
Date Signed: ioo
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:
ertifying Official for Contractor
APPROVED: _
OF UND ROCK, TEXAS