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Contract - Cash Construction - 5/8/2015 City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor tel, AGREEMENT made as of the 45)day of MAY in the year 20 15 BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Cash Construction Company Inc. ("Contractor") P.O.Box 1279 Pflugerville,TX 78691 The Project is described as: SUNDANCE PKWY&PARKER RD STREET RECONSTRUCTION The Engineer is: KENNEDY CONSULTING.INC. 205 E.UNIVERSITY AVENUE, SUITE 450 GEORGETOWN,TEXAS 78626 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, representations 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. 00500 8-2012 Pagel of 5 Standard Form of Agreement 00196575 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 N/A ( N/A ) calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than one hundred ninety two ( 192 )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 two (--202 )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 Three million eighty-eight thousand,nine hundred twenty seven dollars ($3,088,927.00 ),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 and are hereby accepted by Owner: N/A Page 2 of 5 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 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. Page 3 of 5 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 dated FEBRUARY 20,2015 7.1.4 The Specifications are those contained in the Project Manual dated FEBRUARY 20,2015 7.1.5 The Drawings,if any,are those contained in the Project Manual dated FEBRUARY 20,2015 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated FEBRUARY 20.2015 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated FEBRUARY 20,2015 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: BILL STABLEIN PROJECT MANAGER,CITY OF ROUND ROCK 2008 ENTERPRISE DRIVE ROUND ROCK,TX 78644 8.3 Contractor's representative is: 'U IA Y V Q.a c� A- V\--\o 0 ' P.O oxBoxB 1279 Pflugerville,Tx 78691 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. Page 4 of 5 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 OUND ROCK,TEXAS Cash Construction Company Inc. �/— ,L Printed Name: 1'�l�`' G U 1�7V� Printed Name: ' l �lGe moi. �� Title City Mayor Title: Date Signed: <2''7J' Date Signed: —, /44 � ATTEST: City Clerk FOR CITY, ROVEAST FORM: /U City Attorney Page 5 of 5 ""Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company PERFORMANCE BOND Bond No. PRF9178270 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Cash Construction Company Inc. of the City of Pflugerville County of Travis , and State of Texas , as Principal, and * ** 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 Three million, eighty-eight thousand, nine hundred twenty seven dollars Dollars ($ 31088,927.00 ) 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 > 01 day of , 20 15t which the Agreement is hereby referred to and made a part hereof as ully and to the same extent as if copied at length herein consisting of. SUNDANCE PKWY& PARKER RD STREET RECONSTRUCTION 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 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. Page 1 00610 7-2009 Perlonnance 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 terms 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 20th day of April , 20 15 . Fidelity and Deposit Company of Maryland, Cash Construciton Company, Inc Colonial Ainerican Casualty and Surety Company Prin ipaI Surety i� �I C 1L2 LL wt David S. Ballew Printed Name Printed Name By: Title: Title: Attorney-In-Fact Address: P.O. Box 1279 Address: 1400 American Lane,Tower I, 18th Floor Pflugerville, Tx 78691 Schaumburg, IL 60196-1056 Resident Agent of Surety: Signature Ballew Surety Agency, Inc., David S. Ballew Printed Name 8140 N. Mopac Expy.,Bldg. 1, Suite 100 Street Address Austin,Texas 78759 City, State & Zip Code Paae 2 00610 7-2009 Performance Band 00090656 ****Fidelity and Deposit Company of Maryland,Colonial American Casualty and Surety Company PAYMENT BOND Bond No. PRF9178270 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Cash Construction Company Inq of the City of Pflugerville County of Travis , and State of Texas as Principal, and **** authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and flrnily 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 Three million, eighty-eight thousand,nine hundred twenty seven dollars Dollars ($ 3,088,927.00 ) 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 20,h- day of � , 20�, to which Agreement is hereby referred to and made a part hereof and to the same extent as if copied at length herein consisting of. SUNDANCE PKWY&PARKER RD STREET RECONSTRUCTION NOW, THEREFORE, THE CONDITION OF TIIIS 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. Page 1 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 WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 20th day of April , 2015 . Fidelity and Deposit Company of Maryland, Cash Construction Company, Inc. Colonial American Casualty and Surety Company Principal Surety N/`!• �/eke A L.L't David S. Ballew Printed Name Printed Name By: __ '� By: � Title: Title: Attorney-In-Fact Address: P.O. Box 1279 Address: 1400 American Lane,Tower I, 18th Floor Pflugerville, Tx 78691 Schaumburg,IL 60196-1056 Resident Agent of Surety: Signature Ballew Surety Agency,Inc., David S. Ballew Printed Name 8140 N. Mopac Expy.,Bldg. 1, Suite 100 Street Address Austin,Texas 78759 Page'? 00620 7-2009 Payment Bond 00090656 Reset Form CERTIFICATE OF LIABILITY INSURANCE Date: 04/20/2015 p}� p TDI number required.Please refer to the WorthamEln'surance&Risk Management Texas Dept of Insurance website: htttr//www.tdi.state.tx.usl 221 es Street,Suite Austin TX 78722 COMPANIES AFFORDING COVERAGE TDI Phone: 512-453-0031 E-maihanPt Pvans an National Fire Insurance Co of Hartford 20478 worthaminsurance.com A INSURED: Continental Casualty 20443 Cash Construction Company, Inc. B PO Box 1279 C ri n Pfluaerville TX 78691 Valley Forge Insurance Co 20508 Phone:9i12-251-7879 E-mail:stccctex co- D THIS 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 GENERAL LIABILITY GENERAL AGGREGATE $2,000,000 6012356316 04/01/2015 04/01/2016 PRODUCTS-COMP/OP AGG. $2,000,000 A PERSONAL&ADV.INJURY S 1,000,000 EACH OCCURRENCE $1,000,000 FIRE DAMAGE(Any one fire) S 100,000 MED.EXPENSE(Any one person) $ 5,000 AUTOMOBILE LIABILITY 6012356333 04/01/2015 04/01/2016 COMBINED SINGLE LIMIT S 1,000,000 BODILY INJURY(Per person) S BODILY INJURY(Per accident) 5 PROPERTY DAMAGE S B EXCESS LIABILITY 6012356347 04/01/2015 04/01/2016 EACH OCCURRENCE S 5,000,000 AGGREGATE $ 5,000,000 WORKERS'COMPENSATION STATUTORY LIMITS $1,000,000 C AND EMPLOYERS'LIABILITY EACH ACCIDENT $ 1,000,000 6012356302 04/01/2015 04/01/2016 DISEASE-POLICY LIMIT S 1,000,000 DISEASE-EACH EMPLOYEE S 1,000,000 PROFESSIONAL LIABILITY BUILDERS'RISK INSURANCE OR INSTALLATION INSURANCE DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESISPECIAL ITEMSIEXCEPTIONS The City of Round Rock Is named as additional Insured with respect to all policies except 'Workers' Compensation and Employers' 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 SIGNATURE OF AGENT LICENSED IN STATE OF TEXAS City of Round Rock 221 E.Main Street Round Rock,Texas 78664 Typed Name: Rob Bridges License ID: 1068141 Page 1 00650 10-2010 Certificate of Liability Insurance 00205796 14CASHCON DATE(MMIDD/YYYY) ACORD- EVIDENCE OF PROPERTY INSURANCE 04/28/2015 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. AGENCYPHONE 512 453-0031 COMPANY AIC No Ext Wortham Insurance&Risk Mgmt. Cincinnati Insurance Company 221 West 6th Street,Suite1400 P O Box 145496 Austin,TX 78701 Cincinnati,OH 45250-5496 FAX N.),512 453-0041 E-MAIL Janet.evans@worthaminsurance.com CODE: SUB CODE: AGENCY $1670 CUSTOMER ID#: INSURED Cash Construction Company,Inc. LOAN NUMBER POLICY NUMBER P.O. Box 1279 ENP0323625 Pflugerville,TX 78691 EFFECTIVE DATE EXPIRATION DATE CONTINUED UNTIL 05/11/2015 05/11/2016 TERM INATEDIFCHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION Sundance Parkway and Parker Round Rock,TX 78682 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION COVERAGEIPERILSIFORMS AMOUNT OF INSURANCE DEDUCTIBLE BUILDERS RISK COVERAGE INFORMATION Contract Amount 3,088,927 2,500 REMARKS(Including Special Conditions) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS MORTGAGEE ADDITIONAL INSURED City of Round Rock; City Manager Xd LOSS PAYEE 221 E Main STreet LOAN# Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE � � ':Ps rrQ� ACORD 27(2009/12) 1 of 1 S51199 ©1993-2009 ACORD CORPORATION. All rights reserved. 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