Contract - Partners Remodeling Restoration and Waterproofing - 2/24/2022 it of Round Rock, Texas Contract Fornis
Standard Form of Agreement: Section 00500
City of Round Rock, Texas
Standard Form of Agreement between
Owner and Contractor
k
AGIREEMENTi-nacle as ofthe ..............Z4 --( )day of raia=�, in the year 2t)_.
BETWEEN the Owner: City ity ofRound Rock,Texas(hereafter"Owner"or"City")
221 East Main Street
Round Rock,Texas 78604
and the Contractor Partners Reinodelin", Restoration&Waterproofing ("'Contractor")
3219 Flarpers Ferry Lane
Austin,Tx 79745
The PrQjcct is described as: YONDERS POINT-PHASE 11
IMPROVEMENI'PROJECT2022
The F1,11gineer is: City of Round Rock Parks&Recreation Dept.
.........-------.....
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:
AFMCLE I TJIE CONTRACTDOCUMENTs
The Contract Documents consist of this Agreement,Conditions ofthe 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 TIM 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 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 sixty ( 60 )calendar days from issuance by Owner of Notice to Proceed,
and Contractor shall achieve Substantial Completion of the entire Work no later than
sixty ( 60 )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($____500-00 } for each calendar day that Substantial Completion is delayed after the date(s)
specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled
hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to
achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial
Completion in the Agreement and is not a penalty.It is agreed that the harm that would be caused by such failure,
which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of
moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that
if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the
date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect
liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law
and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial
Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the
Contract Documents.
3.6 Contractor shall achieve Final Completion of the entire Work no later than ninety
( 90 )calendar days from issuance by Owner of Notice to Proceed.
ARTICLE 4 CONTRACT SUM
4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance
of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be
two hundred sixty thousand,eight hundred eighty dollars and zero cents
($ 260,880.00 ),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:
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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 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.
5.13 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 of
amounts approved by the Owner 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.The Owner shall not have any obligation to pay
any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner.
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 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 and approved by the Owner.
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 General Conditions.
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6.2 The Work may be suspended by Owner as provided in Article 15 of the 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 January 2022
7.1.4 The Specifications are those contained in the Project Manual dated January 2022
7.1.5 The Drawings,if any,are those contained in the Project Manual dated January 2022
7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated
January 2022
7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the
Project Manual dated January 2022
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,PLA
Park Development Manager
512.341.3355
kbaker(@,,roundrocktexas.gov
8.3 Contractor's representative is: Daniel Besa,Co-Owner
3219 Harpers Ferry Lane,Austin,TX 78745
(512)825-3950
danielbesaprrw(a,yahoo.com
8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the
other party.
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8.5 Waiver of any breach of this Agrecilient shall not constitute waiver of any subsequent breach.
8.6 Owner agrees to pay Contractor 1i-orri available funds for satisfactory performance of this Agreement in
accordance with the bid or proposal submitted thercibr,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 mill and void to
the extent fluids are not available. This Agreement is a commitment of City of Round Rock's current revenues only.
81.7 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 tile CrIlbrcerrient of any or all ofthe terms or Conditions herein, CXCIUSiVe 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 clairns 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)orally 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 faithlol performance of the terms and provisions hereof.
This Agreement is entered into as of the day and year first written above and is executed iii at least two(2)
original copies, ofwhich one is to be delivered to Owner.
OWNER CONTRACTOR
CITY7ROLROCK 'TEXAS eA VA�XI, 0
A) D
Printed Jrio: �411.& LICReAik) Printed Nanie: T WAr,-X—
Title Title: A
Date Signed: Date Signed:
ATTEST:
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FOR T APPROVEDtAS TO FORM,
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CERTIFICATE OF INTERESTED PARTIES FORM 1295
Comppew Nos, I-4 and 6 if Mere are parties. FILE USE ONLY
Complete Nos I,2,3,5, and 6 it there are no inutresled pan'ies. CERTIFICKTION OF FILING
I Name of business entity filing form,and the cig(,state andi country of the business entity's place Certificate Number:
of business. 2022-847634
Partners Refflodefing Restoration and Waterproofing
Austin, TX United States Date Filed:
0210712022
being filed,
Oty of Round Rock Date Acknowledged:
3 Provide the identification number used by One governTnental entity or state agency to track or identify the contract,and provide a
descinfition of the services,goods,or other property to be provided under Ole contract.
Yonkers Point Phase 2
Yonder point phase 2
Nature of interest
'4 Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Besa, Juan Austin, TX United States X
Besa, Patsquinel Austin,TX Llnite7dStatates X
Besa, Daniel Austin, TX Uniteld States X
5 Check only if there is NO Interested Party. El
6 UNSWORN DECLARATION
J,
my name is and rny date,of birth is.
,/n
My address is
X-1
(Mrpeo) lCily) gVale) (zup Code) (counvyi
I declare under perralty of perjwy that Ow foregoing is(rue and correct,
Executed'in....... . .... _County, State of on the '7 day of 20-Lf
............ ...........
(nionai) (V e a r
Signature o NdfrVrizop ent of conir 'ting business eoly--
(Declaran
Version V1-1.191b5cdc
Forms provided,by Texas Ethics ComMISSIM vnm,ethics.sl ate,tx.Lis
CERTIFICATE OF INTERESTED PARTIES
FORM 122955
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. 2022-847634
Partners Remodeling Restoration and Waterproofing
Austin,TX United States Date Filed:
2 Name of governmental entity or state agency that is a parry to the contract for which the form is 02/07/2022
being filed.
City of Round Rock Date Acknowledged:
02/18/2022
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.
Yonkers Point Phase 2
Yonder point phase 2
4 Nature of interest
Name of Interested Party City,State,Country(place of business) (check applicable)
Controlling Intermediary
Besa,Juan Austin,TX United States X
Besa,Patsquinel Austin,TX United States X
Besa,Daniel Austin,TX United States X
5 Check only if there is NO Interested Party. ❑
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 V1.1.191b5cdc