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Contract - Bruce Flanigan Construction - 11/6/2014 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 AGREEMENT made as of the (o n�staber -- �eri�-��� (4�day of As�elier in the year 2014 BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street r Round Rock,Texas 78664 and the Contractor Bruce Flanigan Construction,Inc ("Contractor") 111110 5114 Lampasas Lane Belton Texas 76513 MOO The Project is described as: County Road 112 Waterline Extension 1111011 r IMO The Engineer is: Kasberg,Patrick&Associates,LP 1008 South Main Street Georgetown,Texas 78626 (512)829-9478 IWO 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 IWO 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 o✓ 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 IMO Contractor shall fully execute the Work described in the Contract Documents, except to the extent MIMI specifically indicated in the Contract Documents to be the responsibility of others. 11110 11110 00500 8-2012 Page 1 of 5 Standard Form of Agreement MO 00196575 w 100 ✓ 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. MIN 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 11111, 3.3 Contractor shall commence Work within Ten (10 ) calendar days from the date delineated in the Notice to Proceed. IMO 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than_ Ninety ( 90 ) calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than Ninety ( 90 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. ISO 110 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 IMO damages,the sum of Five Hundred Dollars 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 111110 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 One Hundred Twenty ( 120 )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 Me Contract.The Contract Sum shall be Nine Hundred Ninety Eight Thousand,Seven Hundred Forty Nine dollars and 40/100---- O 0 ($ 998,749.40 ),subject to additions and deductions as provided in the Contract Documents. O le 4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents SIO and are hereby accepted by Owner: Base Bid(Items 1 thru 30) 11110 104 Page 2 of 5 ARTICLE 5 PAYMENTS. Ile 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for 1.10 Payment issued by Engineer and not disputed by Owner and/or Owner's lender, Owner shall make progress NIP 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. 110 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 Ile Contractor when: 11100 .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 11110 Ole .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) 111110 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. m 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. lie rn Page 3 of 5 m 1111. 6.2 . The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General, Conditions. 110 ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 10 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. IMO 110 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 110 Manual dated August 15,2014 7.1.4 The Specifications are those contained in the Project Manual dated August 15,2014 1110 7.1.5 The Drawings,if any,are those contained in the Project Manual dated August 15,2014 110 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated August 15.2014 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda, if any,are those contained in the _Project Manual dated August 15,2014 -. 110 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: 10 10 ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that POI provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Eddie Zapata,Project Manager 111.0 City of Round Rock,Texas 2008 Enterprise Drive 110 Round Rock,Texas 78664 10 8.3 Contractor's representative is: Bruce Flanigan Construction Inc MO Bruce Flanigan,Project Manager 254-773-7679 office; 254-718-3543 mobile 10 bwflanigan@gmail.com 8.4 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to 110 the other party. 10 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 1 Page 4 of 5 10 01110 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 110, the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments oas funds shall render this Agreement null and to N ui the extent funds on are notaccount available.theref This Agprovidedreementtherein.is a commLackitmentof of City of Round Rock's current revenues onvoidly. N uip 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. 1110) 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) 1106 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. 1106 OWNER CONTRACTOR IMO CITY ND RO ,TEXAS Bruce Flanigan Constr action Inc 11110 �Lc iL(i i‘ Printed Name: h (Y`C l (V V Printed Name: Bruce Flanigan Title M �~ ` President Title: Date Signed: ( Date Signed: October 10,2014 1116 ATTEST: .. I l A 1111 WIMP 110 City Clerk FOR 'IT ,A'P12O la!• 4 FORM: City Attorney lob Page 5 of 5 N B1210352 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § MO Bruce MO That Flanigan Construction Inc of the City of Belton , County of Bell , and State of 010 Texas , as Principal, and The Cincinnati Casualty 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 Nine Hundred Ninety Eight Thousand, Seven Hundred Forty Nine dollars and M 40/100--- Dollars ($ 998,749.40 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors an assigns,jointly and severally,by these presents: MOO WHEREAS the Principal has entered into a certain written Agreement with the Owner dated O 0 the `(2V-day of 1J r, 2014 to which the Agreement is hereby referred to and O 110 made a part hereof as fully and to the same extent as if copied at length herein consisting of: P OO CR 112 Water Line Extension (Name of Project) 1100 1110 NOW, THEREFORE, THE CONDITIONS OF THIS OBLICATION 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 000 and by said Agreement, agreed and covenanted by the Principal to be observed and NO 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 for 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, the 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. m m ale Page 1 00610 7-2009 Performance Bond 11110 00090656 • PERFORMANCE BOND (continued) MI Surety, for value received, stipulates and agrees that no change, extension of time, alteration 01110 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 WOO instrument this 10th day of October , 2014 . Bruce Flanigan Construction, Inc The Cincinnati Casualty Company Principal Surety Bruce Flanigan pat F.harh Printed Name Printed Name sY: r- - 1r By: Title: President / Title: Attorney—In—Fact Address: 5114 Lampasas Lane Address: PO Box 1088 Belton, Texas 76513 Temple, TX 76503 O 41) 1000 Nit Resident Agent of Surety: N is mil suo Signature Pat Ebarb, Purifoy & Company Insurance Printed Name PO Box 1088 Street Address Temple, TX 76503 City, State &Zip Code 1111 Page 2 00610 7-2009 Performance Bond 00090656 Ea B1210352 PAYMENT BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § Bruce IMO That Flanigan Construction Inc of the City of Belton , County of Bell , and State MOO of Texas , as Principal, and The Cincinnati Casual ty Company IMO authorized under the law of the State of Texas OF ROUND ROCK, TEXAS, (Owner),pals, are and all held and firmly bound unto THE CITY 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 Nine Hundred Ninety Eight Thousand, Seven Hundred Forty Nine wherelofr wesl and Otruly to be made the said Dollars ($ 998,749.40 ) for the payment Principal and Surety bind themselves, and their heirs, administrators, executors, successors an assigns,jointly and severally,by these presents: WHERE , the Princi al has entered into a certain written Agreement with the Owner dated the ay of N , 2014 to 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: CR 112 Water Line Extension (Name of Project) NOW, THEREFORE, THE CONDITIONS OF THIS OBLICATION 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 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 Payment Bond 00620 7-2009 00090656 N PAYMENT BOND (continued) 1110 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 0 instrument this 10th day of October , 2014 . Bruce 10 Flanigan Construction Inc 0 0 The Cincinnati Casualty Company Principal Surety Bruce Flanigan Pat Fharb Printed Name Printed Name Title: President Title: Attorney-Tn-Fart Address: 5114 Lampasas Lane Address: PO Box 1088 0 Belton, Texas 76513 Temple, TX 76503 4 4 4 le Resident Agent of Surety: 0 0 Signature 0 Pat Ebarb, Purifoy & Company Insurance Printed Name PO Box 1088 Street Address Temple, TX 76503 City, State&Zip Code 4 4 4 Page 2 00620 7-2009 Payment Bond 00090656 W ii0 ---'1 . Maar A CERTIFICATE OF LIABILITY INSURANCE �0/15/2;9' M r 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 MO BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IO IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)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 MO certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Pat Ebarb NAME: _ Purifoy & Company Insurance rzs No.Este (259)773-6844 FAX mic.Not: (254)173-6551 1104 P.O. Box 1088 EMAIL at@rifo insurance.COm ADDRESS; puY MIA INSURERS)AFFORDING COVERAGE NAIC P Temple TX 76503-1088 INsuRERA:The Cincinnati Indemnity Co. N M INSURED INSURERB:Texas Mutual Insurance Company Bruce Flanigan Construction, Inc. INSURER C: NO 5114 Lampasas Lane INSURER D: MO INSURER E: Belton TX 76513 INSURERF: I. COVERAGES CERTIFICATE NUMBER:CL13112001703 REVISION NUMBER; n io 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, OA EXCLUSIONS AND CONDITIONS OF SUCH POLICIES-LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AODLSOBA- POLICY EFF POLICY EXP 00 LTR TYPE OF INSURANCE .SR MID POLICY NUMBER ,JMM/DDIYYYY),IMMIDDIYTYYI LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 O 04 X COMMERCIAL GENERAL LIABILITYDAMAGE TO RENTED PREMISES IEe ciao-rows) $ 100,000 1014 A CLAIMS•MADE n OCCUR X Y ENP0115050 12/5/2013 12/5/2014 MEO EXP(Arty one person) $ 5,000 PERSONAL 8 ADV INJURY $ 1,000,000 I. GENERAL AGGREGATE _$ 2,000,000 GENt AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 1104 —I POLICY i l l PFT L1 LOC $ lio AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea eccldent) .$ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ A ALLOSNED SCHEDULED x y ENP0115050 12/5/2013 12/5/2014 BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ MO _ AUTOS (Per occident) $ I I X UMBRELLA LIAR _ OCCUR EACH OCCURRENCE $ 1,000,000 mai A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 1,000,000 _ DED X1 RETENTION$ 10,001 X Y ENP0115050 12/5/2013 12/5/2014 $ IA B WORKERS COMPENSATION Y X I TQRY I MRS I ITN: AND EMPLOYERS'LIABILITY Y!N ANY PROPRIETORIPARTNER/EXECUTIVEE.L.EACH ACCIDENT $ 1,000,000 NO OFFICEARAEMBEREXCLUDED? Y NIA SB?-0001244895 12/5/2013 12/5/2014 (Mandatory In NH) E.L DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under N O i DESCRIPTION OF OPERATIONS below EL DISEASE-POLICY LIMIT $ 1,000,000 110 II DESCRIPTION OF OPERATIONS!LOCATIONS 1 VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more apace Is required) mik Re: County Road 112 Waterline Extension. The General Liability, Auto Liability and Umbrella policy includes a blanket automatic additional insured endorsement that provides additional insured status when MOO there is a written contract that requires such status. The General Liability, Auto Liability, Umbrella and Workers Compensation policies include a blanket automatic waiver of subrogation endorsement that ▪ provides this feature when there is a written contract that requires it. The General Liability Policy includes Primary & Non-Contributory wording. 30 day written notice of cancellation to the Certificate Holder on all policies. MO CERTIFICATE HOLDER CANCELLATION O M SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1110 City of Round Rock, Texas ACCORDANCE WITH THE POLICY PROVISIONS. O 0 221 East Main Street AUTHORIZED REPRESENTATIVE Round Rock, TX 78664 00 • Mack Purifoy/7965P `� ��� 0 ACORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025(201005)01 The ACORD name and logo are registered marks of ACORD 110