Contract - D. Guerra Construction - 8/12/2014 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 l/kiL (�23 day of iffir in the year 20jf.
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BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City")
221 East Main Street
Round Rock,Texas 78664
and the Contractor D.Guerra Construction,LLC ("Contractor")
9810 FM 969
Austin,Texas 78724
The Project is described as: Somerset 8"Water Main Improvements-2012
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The Engineer is: Steven D.Kallman,P.E.
S.D.Kallman,L.P.
1106 S.Mays Street,Suite 101
Round Rock,TX 78664
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 1,1
specifically indicated in the Contract Documents to be the responsibility of others.
00500 8-2012 Page 1 of 5 Standard Form of Agreement
00196575
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ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION; DATE OF
FINAL COMPLETION
I3.1 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 li'
Ifrom 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 I
I 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 twenty (120 )calendar days from issuance by Owner of Notice to Proceed, subject to
adjustments of this Contract Time as provided in the Contract Documents. j
I3.5 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 hundred
I and No/100 Dollars($ 100.00 )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
I 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 �r
I 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 ;'I
liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law �•
I and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial 1 ,
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 fifty ''
I ( 150 )calendar days from issuance by Owner of Notice to Proceed.
ARTICLE 4 CONTRACT SUM 1. I!
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4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the
Contract.The Contract Sum shall be ine three thousand one hundred fifty three dollars
93 153.00
($ � ),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
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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.
r7.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project
Manual dated October 1,2012
' 7.1.4 The Specifications are those contained in the Project Manual dated October 1,2012
7.1.5 The Drawings,if any,are those contained in the Project Manual dated October 1,2012
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7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated
October 1, 2012
7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the
Project Manual dated October 1,2012
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:
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Addendum# 1
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: City of Round Rock
Jeff Bell,Project Manager
2008 Enterprise Drive
IRound Rock,Texas 78664
8.3 Contractor's representative is: D.Guerra Construction,LLC
Danny Guerra,President
9810FM969
Austin,Texas 78724
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.
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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
III Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and
court decisions of the State of Texas.
I 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)
I 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
CIT 'OUND OCK,TEXAS D.Guerra Construction,LLC
14,
Printed Name: a IA (Ivv v Printed Name: Danny Guerra
ITitle -Pn,.,.,t lkk."'--b-..- iy\001dtc,, Title: President
Date Signed: S • 12• IA- Date Signed: -7 "IS-1'4
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ATTEST:111 M
City Clerk
S ..-- - (106,6(b' -
IFOR T ,APP'OVED AST 0 FORM:
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City AttA ey
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BOND NO.: 70107687
PERFORMANCE BOND
I THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS;
COUNTY OF WILLIAMSON §
That D. Guerra Construction,LLC of the City of Austin County of
Travis , and State of Texas , as Principal, and The Guarantee Company of North America U,
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
Ninety three thousand one hundred fifty three dollars Dollars ($ 93,153.00 ) 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
1Z. day of , 4$+ , 20; ,e,to which the Agreement is
hereby referred to and made a part hereof as' ully�aitd to the same extent as if copied at length
P !rt
herein consisting of: Somerset 8" Water Main Improvements-2012
(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
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, 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 15th day of July ,2014 .
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D. Guerra Construction,LLC The Guarantee Company_of North America USA
Principal Surety
C0f�P-�Q nL 4�wAc�lo.. 1.A Kenneth Nitsche
Pri e• aWmet Printed Name
�... By:
Title: (',F•c, Titl . Attorney-In-Fact
Address: 9 8'6 a # h- 9b dress: 12600 Northborough, Suite 190
7-• Houston,TX 77067
Resident Agent of Surety:
Signature
Robert Tames Nitsche
Printed Name
143 E.Austin
Street Address
I Giddings,TX 78942
City,State&Zip Code
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00610 7-2009 Performance Bond
00090656
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PAYMENT BOND BOND NO.: 70107687
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THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
. COUNTY OF WILLIAMSON §
That D Guerra Construction, LLC , of the City of Austin , County of
Travis , and State of Texas as Principal, and The Guarantee Company of North America
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
Ninety Three Thousand One Hundred Fifty Three Dollars Dollars
($ 93,153.00 ) 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
FI the Joe 2_0- day ofdistr '4- , 2014 , to which Agreement is
hereby referred to and made a part hereof as ful'and to the same extent as if copied at length
herein consisting of: Somerset 8"Water Main Improvements-2012
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(Name of tlhe Project)`
U 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
feffect.
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 Bond111 fi
00090656
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■ 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
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this 15th day of July , 2014 .
D. Guerra Construction,LLC The Guarantee Company of North America USA
Principal Surety
■ ��n ,��.�, t c:/ .,4,„ Kenneth Nitsche
Printed N e-- Printed Name
By .t .
By:
Title: ` Titl . Attorney-In-Fact
.11 Address: le/o � GA dress: 12600 Northborough, Suite 190
T/N� "�r� Z "1 y Houston, TX 77067
Resident Agent of Surety:
Signature
Robert James Nitsche
Printed Name
143 E.Austin
Street Address
Giddings,TX 78942
City, State &Zip Code
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00620 7-2009 - Payment Bond .r
00090656
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ICERTIFICATE OF LIABILITY INSURANCE Date: 7/17/2014
TDI number required.Please refer to the
I P ODUCER: Texas Dept of Insurance websito: iritiyl! .':.',HI..1.,t•' .t.... ;.'
even Searcey
COMPANIES AFFORDING COVERAGE TDI
Phone: 512-897-2771 E-rnaii:ssearcev(aikandsins.com -- _ —
A The Cincinnati Insurance Co.
INSURED: Service Lloyds Insurance Co.
D.Guerra Construction LLC e_ ._ _
9810 FM 969 _ C Rockhill Insurance Co.
7872
Austin,
one 1 -467- _ — j
111 Phone:512-467-9357 E•mailgerardoQdguercaconstrucdon.com p
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,
IIand further hereinafter described. Exceptions to the policies are noted below.
CO TYPE OF POLICY EFFECTIVE EXPIRATION LIMITS
LTR INSURANCE NUMBER DATE DATE
IlGENERAL LIABILITY ENP0184733 3/16/2014 3/16/2015 GENERAL AGGREGATE $ 2,000,000_
PRODUCTS-COMP/OP AGG. $2,000,000
PERSONAL&ADV.INJURY $ 1,000,000
111 EACH OCCURRENCE S 1,000,000
FIRE DAMAGE(Any one fire) S 500,000
MED.EXPENSE(Any one person) S 10,000
AUTOMOBILE LIABILITY EBA0184733 3/16/2014 3116/2015 COMBINED SINGLE LIMIT S 1,000,000
BODILY INJURY(Per person) $
I BODILY INJURY(Per accident) S
PROPERTY DAMAGE $
I EXCESS LIABILITY ENP0184733 3/16/2014 3/16/2015 EACH OCCURRENCE S 3,000,000
AGGREGATE $ 3,000,000
I WORKERS'COMPENSATION SRZF28696-14 3/16/2014
3/16/2015 STATUTORY LIMITS $Yes
AND EMPLOYERS'LIABILITY EACH ACCIDENT $ 1,000,000
DISEASE-POLICY LIMIT $ 1,000,000
DISEASE-EACH EMPLOYEE $ 1,000,000
PROFESSIONAL LIABILITY
I■ BUILDERS'RISK INSURANCE
L� OR INSTALLATION INSURANCE
jIDESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS
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
N thereof,the issuing company will mail thirty(30)days written notice to the certificate holder named below,
CERTIFICATE HOLDER: City Manager
City of Round Rock SIGN*TORE OF AGENTILLCENSED I STATE OF TEXAS
221E Main Street 7
1 f ,�� / IY/i//
L111Round Rock,Texas 78664 i 6,, 1 �f(, t �
Typed Name: Claudia Searle
II License ID: 1825308 t
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1 00650 10.2010 Cern tie,tc of Liability Insurance
002057%