Contract - Swift Corporation, LLC - 9/20/2017 City of Round Rock,Texas Contract Forms
Standard Form of Agreement: Section 00500
'City-of Rorund Rock, Texas
Standard Form of Agreement between
Owner and Contractor
it
AGREEMENT made as of the �)day of in the year 20 .
BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City")
221 East Main Street
Round Rock,Texas 78664
and the Contractor Swift Corporation,LLC ("Contractor")
3585 Rocking J Rd.
Round Rock,TX 78665
The Project is described as: Play for All Abilities Expansion Fence Project
(Installation of new chain link fence and gates,converting an
existing fence to new height,reuse of fencing material)
The Engineer is: CORR PARD
For and in consideration of the mutual terms, conditions and covenants of this Agreement and all
accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby
acknowledged,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,-repres,ent�atons or agreements,
either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7.
ARTICLE 2 THE WORK OF THIS CONTRACT
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.
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ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF
FINAL COMPLETION
3.1 The dare of co ,<<emcenlent 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 Owner.
3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed.
3.3 Contractor shall commence Work within ten ( lfl } calendar days
from the date delineated in the Notice to Proceed.
3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this
Agreement no later than thirty ( 30 )calendar days from issuance by Owner of Notice to
Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than
thirty ( 30 )calendar days from issuance by Owner of Notice to Proceed,subject to
adjustments of this Contract Time as provided in the Contract Documents.
3.5 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 sutn of Two hundred fifty dollars and No/100
Dollars($250.00 ) 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 Pi of ect 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 Owner shall have the option to either collect liquidated damages as set
forth herein or to 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.
3.6 Contractor shall achieve Final Completion of the entire Work no later than forty-five
( 45 )calendar days from issuance by Owner of Notice to Proceed.
ARTICLE 4 CONTRACT SUM
4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract.
The Contract Sum shall be Forty-eight thousand,Nine hundred twenty-six dollars and 10/100
($48,926.10 ),subject to additions and deductions as provided in the Contract Documents.
4.2 Does the Contract Sum include alternates which are described in the Bid Form?
No . Yes X .If yes,please provide details below:
Altenaate 1
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ARTICLE 5 PAYMENTS
5.1 PROGRESS PAYMENTS
5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for
Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments
on account of the Contract Sum to Contractor as provided below, in Article 14 of the City of Round Rock General
Conditions,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.
5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a
Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not
later than the tenth(10th) day of the next month. If an Application for Payment is received by Engineer and Owner
after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer
issues a Certificate for Payment.
5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by 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 Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner,
shall be used as a basis for reviewing Contractor's Applications for Payment.
5.1.5 Applications for Payment shall 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 provided in Article 14 of the City of Round Rock General Conditions.
5.1.7 Except with Owner's prior written approval, 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 Ficial payment, constituting ffie entire Linpaid inlance of the Contract Smn, shall be made by Owner to
Contractor when:
.1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work,
and to satisfy other requirements,if any,which extend beyond final payment;and
.2 a final Certificate for Payment has been issued by Engineer.
5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of
Engineer's final Certificate for Payment. Th,no event shall final payFment be required to be made prior-tic 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 Contractor prior to final.payment,and shall not be
treated as warranty items.
ARTICLE 6 TERMINATION OR SUSPENSION
6.1 The Contract may be terminated by Owner or Contractor asrovided in Article 15 of the Cit of Round Rock
p Y
General Conditions.
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6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General
Conditions.
ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS
7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated
as follows:
7A.1 The Agreement is this executed version of the City of Round Rock,Texas Standard Ferrer'of Agreement
between Owner and Contractor,as modified.
7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as
modified.
7.1.3 The Supplementary,Special,and other Conditions of the Contract are those contained in the Protect Manual
dated April 25,2017
7.1.4 The Specifications are those contained in the Project Manual dated April 25,2017
7.1.5 The Drawings,if any,are those contained in the Project Manual dated April 25,2017
7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated
April 25,2017
7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the
Protect Manualdated April-25,2017
7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated
contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms
03000,"Federally Required Contract Clauses,as modified.
7.1.9 Other documents,if any,forming part of the Contract Documents are as follows:
N/A
ARTICLE 8 MISCELLANEOUS PROVISIONS
8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that
provision as amended or supplemented by other provisions of the Contract Documents.
8.2 Owner's representative is: Katie Baker,R.L.A.
Park Development Manager
512-341-3355
kbaker(&,roundrocktexas.gov
8.3 Contractor's representative is: Mario Vasquez
Project Manager
512-470-7575
mariov@swiftcorptx.com
8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the
other party.
8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach.
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8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in
accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in
the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to
make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to
the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only.
8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event
of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither
more strongly for nor against either party.
8.8 This Agreement shall be enforceable in Round Rock,Texas, and if legal action is necessary by either party
with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in
Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating
to this Agreement or a breach thereof shall be decided by an arbitration proceeding,including without limitation,any
proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute.
8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal
representatives for the full and faithful performance of the terms and provisions hereof.
This Agreement is entered into as of the day and year first written above and is executed in at least three(3)
original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the
Contract,and the remainder to Owner.
OWNER CONT OR
CITY OF R ND RpqK,TE S
Printed Nam �RAdtuPrinted Name: M8110 Vasquez
.
TitleM14 Title: CEO
Date Signed:— `94/ Date Signed: 6/27/17
ATTE T:
City Clerk ,
_ 4i4Ao
TY,APP OVED S TO FORM:
rney
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CE03016800005
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
Swift Corporation,LLC k
That p � of the City of Round Roc County of
Williamson , and State of Texas as Principal, and Philadelphia Indemnity In%urancc Company
authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held
and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors,
workers, laborers, mechanics and suppliers as their interest may appear, all of whore shall have
the right to sue upon this bond, in the penal sum of
Forty Eight Thousand Nine Hundred Twenty Six and 10/100 Dollars
($ 48,926.10 ) for the payment whereof, well and truly be made the
said Principal and Surety bind themselves and their heirs, administrators, executors, successors,
and assigns,jointly and severally, by these presents:
WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated
the ZO 4�— da of , 20 4, to which Agreement is
Y �
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein consisting of: Play for All Abilities Expansion Fence Project
(Name of the Project)
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said
Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers,
all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies
and materials done and furnished for the construction of the improvements of said Agreement,
then this obligation shall be and become null and void; otherwise to remain in full force and
effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
Texas Government code, as amended, and all liabilities on this bond shall be determined in
accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at
length herein.
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00620 7-2009 Payment Bond
00090656
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement, or to the Work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect it's obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be performed thereunder.
IN WIT WS WHEREOF, the said Principal and Surety have signed and sealed this Instrument
this y da of 20 1 .� s�1 tic �
Swift Corporation, LLC Philadelphia Indemnity Insurance Cornpa
Principal p Surety
Mario Vasquez Jeremy Farque
Printed N Printed Name
By: By:
Title. GAG Title: A orney kn ract
Address: r j ftdAddress: On Bala Plaza
A m-1 A Bala Cynwyd, PA 19004
Resident Agent of Surety:
Sig ature
Jeremy Farque
Printed Name
11200 Jollyville Road
Street Address
Austin, TX 78759
I
I
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00620 7-2009 Payment Bond
00090656
DATE(MM/DDIYYYY)
AC"o CERTIFICATE OF LIABILITY INSURANCE
9/14/2017
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT Jud Morales
NAME: y
SWBC Insurance-Austin PAHONNo.Ext: 512-438-1323 A/C No;FAX 512-438-1398
C.9811 S. IH 35, Bldg 1, STE 100 A DRIESS:Iudy.moraleS@swbc.com
INSURERS AFFORDING COVERAGE NAIC#
Austin TX 78744 INSURERA:Tri State Insurance Company of 31003
INSURED INSURERB:Union Insurance Co. 25844
SWIFT CORPORATION LLC INSURERC:Continental Western Ins. Co. 10804
3585 ROCKING J RD INSURERD:Markel Insurance
INSURER E:
ROUND ROCK TX 78665-3968 INSURER F:
COVERAGES CERTIFICATE NUMBER:17/18 Master REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR TYPE OF INSURANCE POLICY NUMBER MM/DDIYYYY MM/DD/YYYY
X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
DAMAGE TO A CLAIMS-MADE F OCCUR PREMISES(Ea occu RENTED nce) $ 300,000
ADL4731267-11 6/18/2017 6/18/2018 MED EXP(Any one person) $ 10,000
X Contractual PERSONAL&ADV INJURY $ 1,000,000
M'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000
POLICY PRO- ❑ LOC PRODUCTS-COMP/OP AGG $
2,000,000
JECT
OTHER: $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
Ea accident
B X ANY AUTO BODILY INJURY(Per person) $
ALL OWNEDSCHEDULED CAA4731270-11 6/18/2017 6/18/2018 BODI LY I NJ U RY(Per accident) $
AUTOS AUTOS PROPERTY DAMAGE $
X HIRED AUTOS X NON-OWNED AUTOS Per accident
$
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 11000,000
C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000
DED X RETENTION$ -0- CUA4731475-11 6/18/2017 6/18/2018 $
WORKERS COMPENSATION X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTE ER
ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ 1,000,000
OFFICER/MEMBER EXCLUDED?
D (Mandatory in NH) MWC0096711-01 6/24/2017 6/24/2018 E.L.DISEASE-EA EMPLOYE $ 11000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
A Installation Floater ADL4731267 06/18/2017 06/18/2018 Limit for all Jobsites $120,000
11
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
General Liability and Auto Liability include a blanket automatic additional insured endorsement which
provides additional insured status to the certificate holder only when there is a written contract
between the named insured and the certificate holder which requires such status. General Liability policy
contains a special endorsement with "Primary and Non-contributory" wording.
General Liability, Auto Liability and Workers' Compensation include a blanket automatic Waiver of
Subrogation endorsement only when there is a written contract between the named insured and the
certificate holder which requires it. 30 day notice of cancellation.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS.
221 E. Main Street
Round Rock, TX 78664 AUTHORIZED REPRESENTATIVE
Gary Dudley/JMORAL �
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