Contract - Chasco Construction, Ltd., LLP - 4/27/2015 City of Round Rock, Texas Contract Forms
Standard Form of Agreement for Competitive Sealed Proposal: jl
Section 00500
City of Round Rock, Texas
Standard Form of Agreement between
Owner and Contractor j
AGREEMENT made as of the (2)day of Anril in the year 2015.
BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"Cites
221 East Main Street
Round Rock,Texas 78664
and the Contractor Chasco Constructors,Ltd.,L.L.P.("Contractor")
P.O.Box 1057 Round Rock,Texas 78680
Round Rock,TX 78680
The Project is described as: Construction of the Rock`N River FAC Expansion at 3300
Palm Valley Boulevard,Round Rock,Texas,including an
I adult swim area and concession,teen lagoon area with a
dive/slide platform,a spray ground play area,two restroom
buildings and support facilities. I
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IThe Engineer is: Kimley-Horn and Associates,Inc.
10415 Morado Circle Building I, Suite 300
Austin,Texas 78759
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: j
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
I{ Modifications,appears in Article 7. j
ARTICLE 2 THE WORK OF THIS CONTRACT '
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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.
00500 Page 1 of 5 Standard Form of Agreement
00332335/ss2
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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 fined 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 entire Work no later than on or before May 1,2016,
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 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 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.
I3.6 Contractor shall achieve Final Completion of the entire Work no later than on or before May 1,2016.
ARTICLE 4 CONTRACT SUM
I4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the
Contract. The Contract Sum shall be Six Million Seven Hundred Twenty-Eight Thousand Eight Hundred Eight-
I Seven and no/100 Dollars ($6,728,887.00), subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents
Iand are hereby accepted by Owner:
None
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I ARTICLE 5 PAYMENTS
1 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
I 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
I 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
Iend 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
Icomputed 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
Imaterials 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 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.
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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.
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 for Competitive Sealed Proposals,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 dated April 23,2015.
7.1.4 The Specifications are those contained in the Project Manual dated April 23,2015.
7.1.5 The Drawings,if any,are those contained in the Project Manual dated April 23,2015.
7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated
April 23,2015.
7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any, are those contained in the
i Project Manual dated April 23,2015.
I 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: Travis Wilkes
Building Construction Manager, General Services
212 Commerce Boulevard
Round Rock,TX 78664
Page 4 of 5
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8.3 Contractor's representative is:
P Charles J. Glace,Jr. President
Chasco Constructors Ltd.,L.L.P.
P.O.Box 1057
Round Rock,Texas 78680
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.
8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in II
accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in f
the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to 1
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, II
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 II
representatives for the full and faithful performance of the terms and provisions hereof
original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the
This Agreement is entered into as of the day and year first written above and is executed in at least three(3)
Contract,and the remainder to Owner.
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[Signatures on the following page.]
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OWNER CONTRACTOR
CITY OUND CK,TEXAS CHA COC NSTRU TORS,LTD.,L.L.P.
m N JU-
Printed Name: ,/� W Printed Name:
Title l��GFry vY Title: ��5tfi
Date Signed: rj Date Signed:
'
I gn g
IATTEESS�T�/�
City Clerk o
FOkT , P ES FORM:
City Attorney
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POST-PROPOSAL NEGOTIATED AMENDMENT
CITY OF ROUND ROCK §
§
STATE OF TEXAS § KNOW ALL BY THESE PRESENTS:
§
COUNTY OF WILLIAMSON §
COUNTY OF TRAVIS §
That this "Post-Proposal Negotiated Amendment" is made by and between the City of Round
Rock, with offices located at 221 East Main Street, Round Rock, Texas 78664 (hereinafter referred to as
the "City")and Chasco Constructors,Ltd.,L.L.P. (hereinafter referred to as the"Contractor"). I
WHEREAS, the City selected the Contractor as the proposer that offered the best value for the
City based on published selection criteria and on its ranking evaluation for construction of the Rock `N
River FAC Expansion Project at 3300 Palm Valley Boulevard,Round Rock, Texas; and
WHEREAS, Texas Government Code Section 2269.155(b) 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:
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NOW, THEREFORE, premises considered, the City and the Contractor hereby agree that said
changes to scope and price changes associated with such modifications are contained in the attached
"Attachment A"which is made a part hereof by reference for all purposes.
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IN WITNESS WHEREOF, the City and the Contractor have executed this "Post-Proposal
Negotiated Amendment"in triplicate originals.
OWNER: PROPOSER:
CITY OF ROCK,TEXAS CHASCO CONSTRUCTORS,LTD.,L.L.P.
By: By:
Printed Name: M(A Printed Name: Charles J. Glace,Jr.
Title: d� Title: President
Date Signed: I q Date Signed: April 23, 2015
FOR CITY,ATTEST:
9
tA
Sara L. White, City Clerks
F7`T,Y
, U ,D,/S TO FORM:
1
Sol s;City Attorney
_i►A4e "4"t 6Lm
00333555/ss2
ATTACHMENT A
' Changes to scope and price changes associated with post-proposal negotiated modifications to the
Drawings and Specifications issued for the City of Round Rock Rock `N River FAC Expansion Project at
3300 Palm Valley Boulevard,Round Rock,Texas:
' NOTICE
A. This Post-Proposal Negotiated Amendment shall be considered part of the Contract Documents
for the above-referenced 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 in
' the original Contract Documents, this Post-Proposal Negotiated Amendment shall govern and
take precedence.
B. The Contractor is hereby notified that it shall make any and all necessary adjustments in its
' estimates based upon and on account of this Post-Proposal Negotiated Amendment. This
document shall be stapled in the back of the Contractor's specifications.
' Original Proposed Amount $6,987,676.00
' Final Negotiated Amount $6,728,887.00
Net Savings from Original Proposed Amount $258,789.00
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Scope was changed by City to remove the integrity bonding membrane, allowing the General
' Conditions, Insurance, Bonding and Fee to be reduced. Removal of the integrity bonding
membrane resulted in a savings of$258,789.00 from the original proposed amount.
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PERFORMANCE BOND
Bond#58S207464
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That Chasco Constructors of the City of Round Rock County of
, and State of Texas , as Principal, and Liberty Mutual Insurance Company
authorized under the law of the State of Texas to act as surety on bonds for principals, are held
and firmly bound unto THE CITY OF ROUND ROCK,TEXAS,(Owner),in the penal sum of
Six Million Seven Hundred Twenty-Eight Thousand Eight Hundred Eighty-Seven Dollars 8 00/100--D0r);1 87(d$ 6,728,887.00 ) 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
-- day of_ 'L, , 2d5to which the Agreement is
hereby referred to and made a part hereof as tully and to the same extent as if copied at length
therein consisting of: Rock'N'River FAC Expansion Project
(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
■J 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
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 Perfonnance Bond
00090656
PERFORMANCE BOND(continued)
Surety, for value 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 terns of the Agreement,or to the work to be performed thereunder.
IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument
this stn day of April 12015
Chasco Constructors Liberty Mutual Insurance Company
Principal Surety
Cf"r�t,S S GG Robert James Nitsche
Printed NamePrintedttt
By: \
y y
Title: s� Title: A
Address: �o '�oy tord� Addresustin
ROY Np Tx -7%(o%U Giddings,TX 78942
Reside gent o ety:
Signature
Robert James Nitsche
Printed Name
143 E.Austin
Street Address
Giddings,TX 78942
City, State&Zip Code
Page 2
0061117-2101 Performance Bond
00040656
PAYMENT BOND
Bond#58S207464
I THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That Chasco Constructors , of the City of Round Rock , County of
, and State of Texas as Principal, and Liberty Mutual Insurance 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 whom shall have
the right to sue upon this bond, in the penal sum of
Six Million Seven Hundred Twenty-Eight Thousand Eight Hundred Eighty-Seven Dollars&no/100------------ Dollars
($ 6,728,887.00 ) 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 Zj 4 day of )►J L. , 201.4;, 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. Rock'N'River FAC Expansion 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.
1.1
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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 ifs 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 WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument
f� this stn day of April ,2015
L�
r� Chasco Constructors Liberty Mutual Insurance Company
tl■� Principal Surety
C1A(1,L("s- -S &(k CZ nat- Robert James Nitsche
Printed Name Printed
By: � B `
Title: P Title: Attorney-in-Fac
Address: to 3oyc toS1 Address: 143 E.Austin
Dov N Q R-Q('V-.'Cy -1%0%D Giddings,Tx 78942
Reside - gent of ety:
Signature
Robert James Nitsche
Printed Name
143 E.Austin
Street Address
Giddings,TX 78942
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00620 7-2009 Payment Bond
00090656