Contract - DeNucci Constructors, LLC - 11/8/2018 II
II
City of Round Rock,Texas Contract Forms
111 Standard Form of Agreement: Section 00500
City of Round Rock, Texas
III Standard Form of Agreement between
Owner and Contractor
AGREEMENT made as of the c4 Nu 4,-'5 day of teezeitit tW in the year 20a.
BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City")
221 East Main Street
IRound Rock,Texas 78664
DeNucci Constructors,LLC
and the Contractor • 8310-1 Capital of Texas Hwy,N ("Contractor")
111 Suite 275
Austin,TX 78731
The Project is described as: BRUSHY CREEK TRAIL VETERANS TO RABB PARK
I 10'wide concrete trail and all associated construcion,
including but not limited to grading,general excavation,
drainage,utility relocation,landscape,&irrigation.
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The Engineer is: Antonio A.Prete,P.E.
Waeltz&Prete,Inc
111 3000 Joe DiMaggio Blvd.#72
Round Rock,Texas 78665
0 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:
IARTICLE 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
0
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
111 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 7.
IIIIARTICLE 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.
0
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ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION;DATE OF
FINAL 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 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 ( 10 ) 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 Two Hundred and Fourty ( 240 )calendar days from issuance by Owner of Notice to
Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than
Two Hundred and Seventy ( 270 )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 sum of Five Hundred and No/100
Dollars($500.00 )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 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 Two Hundred and Seventy
( 270 )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 one million nine hundred twenty-nine thousand three hundred fourty-eight dollaras and
zero cents
($1,929,348.00 ),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 X . Yes .If yes,please provide details below:
Not Applicable
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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 byContractor
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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.
■!I 5.2 FINAL PAYMENT
5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, 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. 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 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 as provided in Article 15 of the City of Round Rock
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:
7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form 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 Project Manual
Pp rY� p � J
dated September,2018
7.1.4 The Specifications are those contained in the Project Manual dated September,2018
7.1.5 The Drawings,if any,are those contained in the Project Manual dated September,2018
7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated
September,2018
7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the
Project Manual dated September,2018
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:
None
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,PLA-Park Devlopment Manager
City of Round Rock-PARD
301 W.Bagdad,Suite 250
Round Rock,Texas 78664
Paul DeNucci
8.3 Contractor's representative is: DeNucci Constructors,LLC
8310-1 Capital of Texas Hwy,N
Suite 275
Austin,TX 78731
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 CONTRACTOR
CITY • ROUN OC ,TEXAS � �0 1
Con5 • cfers,
_ ' A/ AIS'J
Printed e: A Printed Name: i \
Title tV`VL UL""' Title: M a.�1
Date Signed: l2'( ' (tb Date Signed: \ " 1(.0"tS
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ATTEST:
qL11/4/1City Clerk
FOR IT ',APPROVED A"TO FORM:
I %1•� _
City Atti1 ey
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DocuSign Envelope ID:0214BED6-9F5D-4FE9-A14A-CB01 E1 F3119F
I CERTIFICATE OF LIABILITY INSURANCE Date: 11/14/2018
TDI number required.Please refer to the
PRODUCER: Texas Dept of Insurance website: http://www.tdi.state.tx.us/
The Contractors Choice Agency Inc.
I P O Box 13645
Chandler.AZ 85048 bob.rockranginsurance COMPANIES AFFORDING COVERAGE TDI
Phone:480-545-1999 E-mail: om+ne.com
A Capitol Specialty Insurance Co
I INSURED: B Texas Mutual Insurance Company
DeNuci Constructors LLC
8310-1 Cap TX Hwy N.,Suite 275 C StarStone National Insurance Co
Austin,TX 78731 adminadenucci
Phone:512-335-0600 E-mail:constructors.com D
ITHIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations
hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies,
and further hereinafter described. Exceptions to the policies are noted below.
CO
TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS
LTR INSURANCE NUMBER DATE DATE
IGENERAL LIABILITY GENERAL AGGREGATE $ 2M
A CT20180332-0 09/05/2018 09/05/2019 PRODUCTS-COMP/OP AGG. $ 2M
I PERSONAL&ADV.INJURY $ 1M
EACH OCCURRENCE $ IM
FIRE DAMAGE(Any one fire) $ 100.000
MED. EXPENSE(Any one person) $ 5.000
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
I BODILY INJURY(Per person) $
BODILY INJURY(Per accident) $
PROPERTY DAMAGE $
- EXCESS LIABILITY EACH OCCURRENCE $ 2M
C 85811D181ALI 09/05/2018 09/05/2019 AGGREGATE $ 2M
IIWORKERS'COMPENSATION STATUTORY LIMITS $ IM
AND EMPLOYERS'LIABILITY EACH ACCIDENT $ 1M
B 0001233847 02/11/2018 02/11/2019 DISEASE-POLICY LIMIT $ 1M
DISEASE-EACH EMPLOYEE $ 1M
PROFESSIONAL LIABILITY
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BUILDERS'RISK INSURANCE
OR INSTALLATION INSURANCE
IDESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS
The City of Round Rock is named as additional insured with respect to all policies except `Workers' Compensation and Employers'
I Liability' and `Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date
thereof,the issuing company will mail thirty(30)days written notice to the certificate holder named below.
CERTIFICATE HOLDER: City Manager SIGMA-TiAgpFd AGENT LICENSED IN STATE OF TEXAS
I City of Round Rock
221 E.Main Street i�OL 5 ( OCV 5r
Round Rock,Texas 78664 -78D8B9AD 8 4FF
Typed Name: Rert.
oEbS.Rock Jr.
ILicense ID: 1359783
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00650 10-2010 Certificate of Liability Insurance
00205796
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Bond #022057836
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That DeNucci Constructors, LLC of the City of Austin County of
Travis , and State of Texas , as Principal, and Liberty Mutual Insurance Company
authorized under the law of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of
one million nine hundred twenty-nine thousand three hundred forty-eight dollars and zero cents
Dollars ($ 1,929,348.00 ) for the payment whereof, well and truly to 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
(1)111' day of 12- , 20 I.2to which the Agreement is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
' herein consisting of: Brushy Creek Trail Veterans at Rabb Park,10' wide concrete trail and all
associated construcion, including but not limited to grading, general excavation, drainage,
utility relocation, landscape, & irrigation. (Name of the Project)
NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH,, that if the said
Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully
observe and perform all and singular the covenants, conditions and agreements in and by said
Agreement, agreed and covenanted by the Principal to be observed and performed, including but
not limited to, the repair of any and all defects in said work occasioned by and resulting from
defects in materials furnished by or workmanship of, the Principal in performing the Work
covered by said Agreement and occurring within a period of twelve (12) months from the date of
Final Completion and all other covenants and conditions, according to the true intent and
I meaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation
shall be 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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00610 7-2009 Performance Bond
00090656
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PERFORMANCE BOND (continued)
Surety, f r value o v u received, stipulates and agrees that no change, extension of time, alteration or
addition to the term of the Agreement, or to the Work performed thereunder, or the Plans,
Specifications, or drawings accompanying the same, shall in anywise affect its 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 Agreement, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Suretyhave signed and sealed this instrument
P g
this day of , 20 .
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DeNucci Constructors, LLC Liberty Mutual Insurance Company
Pirincipal Surety
L 1�. U CC Linda Michelle Stalder
Printed Name Printed Name
By: PBy.
Title: V1//1 , Title- Attorney-in-Fact
Address: 8310-1 Capital of Texas Highway N.,Suite 275 Address: 175 Berkeley Street
Austin, TX 78731 Boston, MA 02117
Resident Agent of Surety:
//k !�
Si nature
Troy Key
Printed Name
5057 Keller Springs Rd Ste. 400
Street Address
Addison, TX 75001
City, State &Zip Code
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00610 7-2009 Performance Bond
00090656
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Oil •
PAYMENT BOND Bond #022057836
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
10 COUNTY OF WILLIAMSON §
That DeNucci Constructors, LLC , of the City of Austin , County of
Travis , and State of Texas as Principal, and Liberty Mutual Insurance Company
1110 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 whom shall have
the right to sue upon this bond, in the penal sum of
6 one million nine hundred twenty-nine thousand three hundred forty-eight Dollars
($ 1,929,348.00 ) 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 (p -- day of ,-e4 V e42_ , 20 lib, to which Agreement is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein consisting of: Brushy Creek Trail Veterans at Rabb Park,10' wide concrete trail and all
associated construcion, including but not limited to grading, general excavation, drainage,
utility relocation, landscape, & irrigation. (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
CERTIFICATE OF INTERESTED PARTIES
FORM 1.295
1 of 1
Complete Nos,1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-420511
DeNucci Constructors, LLC
Austin,TX united States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/30/2018
being filed.
City of Round Rock Date Acknowledged:
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Brushy Creek Trail Park Proj.
Brushy Creek Trail-Veterans to Rabb Park Project: Excavation,Grading, Concrete Construction of 10'wide Trail,&Installation of
Pedestrian Bridge
4 Nature of interest
Name of Interested Parry City,State,Country(place of business) (check applicable)
Controlling I intermediary
-
5 Check only if there is NO Interested Party.
X
6 UNSWORN DECLARATION
My name is �f-cU� and my date of birth is -30 i! .
C 1 h[
My address is v �"` rj"'T ft_ ,✓ 7V 707-31 ,U.
(street) 5-bE:-- . (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in t w� i County, State of ~ on the day of X--T. 20 G
e.
(month) (year)
Az- Z2W-- .
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711
CERTIFICATE OF INTERESTED PARTIES FORM 3.295
1 of 1
Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY
Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING
1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number:
of business. 2018-420511
DeNucci Constructors, LLC
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/30/2018
being filed.
City of Round Rock Date Acknowledged:
11/01/2018
3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a
description of the services,goods,or other property to be provided under the contract.
Brushy Creek Trail Park Proj.
Brushy Creek Trail-Veterans to Rabb Park Project: Excavation,Grading,Concrete Construction of 10'wide Trail,&Installation of
Pedestrian Bridge
4
Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
5 Check only if there is NO Interested Party. ❑
X
6 UNSWORN DECLARATION
My name is and my date of birth is
My address is
(street) (city) (state) (zip code) (country)
I declare under penalty of perjury that the foregoing is true and correct.
Executed in County, State of on the day of 20
(month) (year)
Signature of authorized agent of contracting business entity
(Declarant)
Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711