Loading...
Contract - Chasco Constructors, Ltd. - 11/19/2015 City of Round Rock, Texas Contract Forms Standard Form of Agreement for Competitive Sealed Proposal: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the MiNErUP47rA JJ)day of November 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 Red Bud Fire Station at 1612 Red Bud Lane, Round Rock, Texas and Lisa Rae Fire Station at 1401 Lisa Rae Drive, Round Rock, Texas, with both fire stations utilizing the same prototype building of approximately 11,779 square feet. ' a The Architect is: Wiginton Hooker Jeffcy,PC 209 East Riverside Drive Austin,Texas 78704 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 Page 1 Of 6 Standard Form of Agreement 00332335/ss2 �2p\5-3®3t 4 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 entire Work no later than Three Hundred Sixty-Five 365 calendar days from the 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 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. 3.6 Contractor shall achieve Final Completion of the entire Work no later than Three Hundred Sixty-Five(365) calendar days from the 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 Eipht Million Three Hundred One Thousand Five Hundred Fifty-Two and no/100 Dollars($8,301,552,00),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: Accepted Alternates and Post Bid Revisions attached as Exhibit 1 Page 2 of 6 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Architect and Owner by Contractor,and Certificates for Payment issued by Architect 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 Architect and Owner, and Architect 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 Architect and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Architect 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 Architect and Owner may require. This schedule, unless objected to by s Architect 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 Architect. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Architect'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. Page 3 of 6 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 November 12,2015. 7.1.4 The Specifications are those contained in the Project Manual dated November 12,2015. 7.1.5 The Drawings,.if any,are those contained in the Project Manual dated November 12,2015. 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated November 12,2015. 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated November 12,2015. 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: Accepted Alternates and Post Bid Revisions attached as Exhibit 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: Travis Wilkes Building Construction Manager,General Services 212 Commerce Boulevard Round Rock,TX 78664 Page 4 of 6 8.3 Contractor's representative is: 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 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 Architect for use in the administration of the Contract, and the remainder to Owner. [Signatures on the following page.] Page 5 of 6 OWNER CONTRACTOR ' CITY OCK,TEXAS CHASCO C�O�N�SQT�R/U('CT LLT-D.,L.L.P. Printed Name: T\IA MC�✓) �/yv v Printed Name: "A l w x Title V 4�U Q� Title: Pt'-i � Date Signed: Date Signed: ATTEST: City Clerk FOR I Y,APP Sze ORM: OVEr- City A ey Page 6 of 6 : Exhibit 1 City of Round Rock Fire Stations No. 4 and No. 8 Accepted Alternates and Post Bid Revisions Accepted Alternates and Post Bid Revisions: Alternate No. 1—Delete Big.Ass Fans ($ 17,524.00) Alternate No. 2—Add awnings at the front side of buildings $ 46,398.00 Alternate No. 4—Conduit only for access controls $ 5,155.00 Alternate No. 5—Conduit only for intercom system $ 17,675.00 Alternate No. 6—Conduit and cat 5 cables for data system $ 20,716.00 Post Bid Revisions to General Conditions Scope ($40,773.00) Post Bid Revisions to Masonry Scope ($ 13,209.00) Post Bid Revisions to Structural Steel Scope ( 19,926.00) Post Bid Revisions to Millwork Scope ($12,115.00) Post Bid Revisions to Spray Foam Insulation Scope ($ 3,150.00) Post Bid Revisions to Flooring Scope ($11,695.00) Total all Accepted Alternates and Post Bid Scope Revisions ($28,448.00) Original Base Bid $ 8,330,000.00 Accepted Alternates and Revisions ($ 28,448.00) Original Contract Amount $ 8,301,552.00 i) w rti 'V,A4' Liberty /► ' Mutual. SURETY PERFORMANCE BOND Bond 585208/44 KNOW ALL BY THESE PRESENTS,That we,Chasco Constructors, Ltd., LLP. (hereinafter called the Principal),as Principal,and Liberty Mutual Insurance Company ,a corporation 11 duly organized under the laws of the State of Massachusetts (hereinafter called the Surety),as Surety,are held and firmly bound unto City of Round Rock,Texas 111 221 East Main Street, Round Rock, TX 78664 ,(hereinafter called the Obligee), in the sum of Eight Million Three Hundred One Thousand Five Hundred Fifty-two Dollars And Zero Cents ($8,301,552.00 )Dollars,for the payment of which sum well and truly 11 to be made, we, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally,firmly by these presents. Signed and sealed this 13th day of November ,2015 WHEREAS,said Principal has entered into a written Contract with said Obligee,dated for Construction of Red Bud Fire Station at 1612 Red Bud Lane, Round Rock,Texas and Lisa Rae Fire Station at 1401 Lisa Rae Drive, Round Rock,Texas with both fire stations utilitzing the name prototype building of approximately 11,779 square feet in accordance with the terms and conditions of said Contract,which is hereby referred to and made a part hereof as if fully set forth herein: NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,That if the above bounden Principal shall well and truly keep, do and perform each and every, all and singular, the matters and things in said contract set forth and specified to be by said Principal kept, done and performed, at the times and in the manner in said contract specified, or shall pay over, make good and reimburse to the above named Obligee,all loss and damage which said Obligee may sustain by reason of failure or default on the part of said Principal so to do,then this obligation shall be null and void;otherwise shall remain in full force and effect. NO SUIT, ACTION OR PROCEEDING by the Obligee to recover on this bond shall be sustained unless the same be commenced within two(2)years following the date on which Principal ceased work on said Contract. Chasm Constrrs, Ltd., LLP. �� Principal ":"tNsu By SiP;P3 12fi Y; �� Liberty Mutual Insurance Company d�;;47:us* ,tt' BY A/4W /Kenneth Nits6he Attorney-in-Fact LMS-1075710188 I! • e Liberty Mutual. SURETY PAYMENT BOND BOND NO. 583208144 KNOW ALL BY THESE PRESENTS,That we, Chasco Constructors,Ltd., LLP.P.O.Box 1057,Round Rock,TX 78680 (Here insert the name and address or legal title of Contractor) I' as Principal,hereinafter called Principal,and Liberty Mutual Insurance Company ,a MA Corporation, as Surety,hereinafter called Surety,are held and firmly bound unto City of Round Rock,Texas 221 East Main Street,Round Rock,TX 78664 as Obligee,hereinafter called Owner, (Here insert the name and address or legal title of Owner) for the use and benefit of Claimants as herein defined,in the amount of Eight Million Three Hundred One Thousand Five Hundred Fifty-two Dollars And Zero Cents Dollars($8,301,552.00 ), (Hers insert a sum equal to at least one-half of the contract price) for the payment whereof Principal and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally, firmly by these presents. I I WHEREAS,Principal has by written agreement datedentered into a contract with Owner for CMstnutim tE Ind Fire Stx-rrn at , ,, Maus and T;st ire Eire Statim at 1401 __ .__ ._ - _ -- .__ ,�_ .. - 1�__•_r_.. �.- ^cu- •uu�a� • I •1■• •1 .1••:[•t•11:11 1 in accor.ance wr •the terms an.cs n. flans 6f sal.contract,which is hereby referred to an.made a part hereof. 11,779 spare Ea* NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,That if the Principal shall promptly make payment to all Claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void; otherwise it shall remain in full force and effect,subject,however,to the following conditions: 1.A Claimant is defined es one having a direct Contract with the Principal or with a Subcontractor of the Principal for labor,material,or both,used or reasonably required for use in the performance of the Contract. 2.The above named Principal and Surety hereby jointly and severally agree with the Owner that every Claimant as herein defined,who has not been paid in full before the expiration of a period of ninety(90)days after the dale on which the last of such Claimant's work or labor was done or performed, or materials were furnished by such Claimant,may sue on this bond for the use of such Claimant,prosecute the suit to final judgment for such sum or sums as may be justly due Claimant,and have execution thereon. 3.No suit or action shall be commenced hereunder by any Claimant. a)Unless Claimant,other than one having a direct Contract with the Principal,shall have given notice to any two of the following:The Principal,the Owner,or the Surety above named,within ninety(90)days after such Claimant did or performed the last of the work or labor,or furnished the last of the materials for which said claim is made. b)After the expiration of one(1)year following the date on which Principal ceased work on said Contract.If the provisions of this paragraph are void 1, or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. c)Other than in a state court of competent jurisdiction in and far the county or other political subdivision of the state in which the Project,or any part thereof,is situated,or in the United States District Court for the district in which the Project,or any part thereof,is situated,and not elsewhere. 4.The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. Signed and sealed this 13th day of November ,2015 II' Chasco Constrt ors,Ltd,,LLP BY /� Principal Zij>"/ tts�u 111 a4 ora' ryA .' r`s 101 Liberty Mutual Insurance Company 1912 g r;s y� �/ a; 7, /, 1.0 ..„I f �7 * t• 'Inneth Nitscte Attorney-in-Fact• II LMS-14174 a2198 .......... Client#: 10288 CHASCCONI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)11/16/2015 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 BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)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 certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Elaine Kieschnick NAME: The Nitsche Group PHONE 979-540-2226 FAX (A/C,No,Ext): (A/C,No): 143 East Austin E-MAIL ADDRESS: Giddings,TX 78942-3299 INSURER(S)AFFORDING COVERAGE NAIC# 979 542-3666 INSURERA:Liberty Mutual Fire Insurance C 23035 INSURED INSURER B:Liberty Insurance Corporation 42404 Chasco Constructors, LTD., LLP INSURER C:The Hanover Insurance Company 22292 P.O. Box 1057 m Indian Harbor Insurance Company 36940 INSURER D: p y Round Rock,TX 78680 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP W /YLIMITS LTR INSR VD POLICY NUMBER (MM/DDYYY) (MM/DD/YYYY) A GENERAL LIABILITY TB2Z91463740025 03/09/2015 03/09/2016 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES R occurrence) $100,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X BI/PD Ded:25000 PERSONAL R ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 7 POLICY PRO- JECT A AUTOMOBILE LIABILITY AS2Z91463740015 03/09/2015 03/09/2016 COMBINaccident)SI $ED NGLE LIMIT 1,000,000 (Ea X ANY AUTO _ BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X AO OSWNED (Perr a ROPERTY cdent)AMAGE B x UMBRELLA LIAB X OCCUR TH7Z91463740045 03/09/2015 03/09/2016 EACH OCCURRENCE $5,000,000 _ EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10000 $ A WORKERS COMPENSATION WC2Z91463740035 03/09/2015 03/09/2016 X TO STATU-TS OTH- AND EMPLOYERS'LIABILITY TORY LIMIER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C Bldrs Risk IHD793133610 03/09/2015 03/09/2016 $2500 Deductible D Poll Liability PEC001878109 06/10/2015 06/10/2016 $2,000,000 D Prof Liability PEC001878109 06/10/2015 06/10/2016 $2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) As per policy provision,Certificate Holder is listed as additional insured in regard to the auto and general liability policies and as loss payee in regard to the builder's risk policy as provided by additional insured endorsement.General liability,auto and workers compensation policies include(s)a 30 Days Notice of Cancellation endorsement providing 30 days advance notice if policy is canceled by the company other than for nonpayment of premium,or direct cancellation by named insured as per policy provision. CERTIFICATE HOLDER CANCELLATION Cityof Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E.Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE 4 . ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S616562/M587857 001