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Contract - T. Gray Utility Co. - 12/21/2017 I I City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City,of Round Rack, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the 6)day of -Fein the year 20 18 . BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main.Street Round Rock,Texas 78664 and the Contractor T.Gray Utility&Rehab Co.,LLC ("Contractor") PO Box 2176 Cypress,TX 77410 The Project is described as: 2016 Wastewater Collection System Rehabilitation for Basins BC-01,BC2.0-Z,CC32-Z,CC34-Z,CC35-Z,CC37-Z, CO9-Z,L'C15-Z,LC 6-Z,LC-17-Z,'LC18-Z&LC19-Z- £JPP Liner and Pipe Burst The Engineer is: Kasberg,Patrick&Associates,LP Brenton L.Burney,P.E. 10085 South Main Street 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,g �( a1,Supplementary and other Conditions),Prawjngs, 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 f y execute tyle Wor3 d.escr-the4 in the Can Oct Pocurents,except to the extent speciftcatty indicated in the Contract Documents to be the responsibility of others. 00500 4-2016 Page 1 of 5 Standard Form of Agreement 00307791 K.- UR- 952... L I 0 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF NFINAL 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. N 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 0 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 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-fifty ( 150 )calendar days from issuance by Owner of Notice to Proceed,subject to Iadjustments 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, I the sum of two hundred-fifty dollars and No/100 Dollars($ 250.00 ) 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 Ilhereunder area reasonable forecast of just compensation for the harm that wcaild 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 I 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-eighty ( 180 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM II 4.1 Owner shall pay Contractor the Contract Sum in current funds ' p yn�t un�ds for Contractor's performance of the Contract. The Contract Sum shall be five hundred thirty-six thousand three hundred fifty ($536,350.00 ),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? pNo X . Yes .If yes,please provide details below: N/A N/A i I I I00500 4-2016 00307791 Page 2 of 5 Standard Form of Agreement U I I ARTICLE 5 PAYMENTS I5.1 PROGRESS PAYMENTS 111 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 shallmake 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. N 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 deli--ver-ed 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. 111 00500 4-2016 Page 3 of 5 / Standard Form of Agreement 00307791 I I 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 7.1The 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 October 2017 7.1.4 The Specifications are those contained in the Project Manual dated October 2017 P 7.1.5 The Drawings,if any,are those contained in the Project Manual dated October 2017 111 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated October 2017 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 2017 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: Eddie Zapata,Senior Project Manager City of Round Rock 2008 Enterprise Drive Round Rock,TX 78664 8.3 Contractor's representative is: Marcus E.Tamez-President 281-455-0899 PH 281-254-7995 FAX marcus.tamez@tgrayutility.com 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. 00500 4-2016 Page 4 of 5 Standard Form of Agreement 00307791 1 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 OF OUND R CK,T AS T.Gray ility&Re ►C 61j r IIA Marcus E.Tamez Printed N.► e: i,�� u II v l Printed Name: Title ,U 1 Title: President Date Signed: � Date Signed: 01/12/2018 ATTEST: iketii7u& c6,)tt2t L. City Clerk FOR f IY,APPROVED AS TO FORM: �' I —gift ,,, . .€ City •I orney 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 I IBond No. CNB-30236-00 I I PERFORMANCE BOND THE STATE OF TEXAS § II § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § 111 That T Gray Utility& Rehab Co., LLC of the City of Houston , County of Texas as Principal,Harris , and State of and Insurors Indemnity Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held 111 and firmly bound unto THE CITY OF ROUND ROCK, TEXAS,(Owner),in the penal sum of Five Hundred Thirty Six Thousand Three Hundred Fifty and 00/100 Dollars ($ 536,350.00 ) 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: 0 WHEREAS,the Principal has entered into a certain written Agreement with the Owner dated the 0. day of , 20 RIo which the Agreement is hereby referred to and made a part hereof as fully and the same extent as if copied at length 0 herein consisting of 2016 Wastewater Collection System Rehabilitation - CIPP Liner and Pipe Burst (Name of the Project) 0 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 Iobserve and perform all and singular the covenants, conditions and agreements in and by said g , Agreementagreed and covenanted by the Principal to be observed and performed, including but b 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 10 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 I 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; II 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. Pagel 00610 7-2009 Performance Bond 00090656 I I 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 Z Z 0 day of , 20 ( T. Gray Utility& Rehab Co., LLC Insurors Indemnity Company Principal Surety fri41410 �` Justin McQuain Printed Name; Printed Name � r By: Y A. L By:- ' �!y (,'n Title: 1iooteorr Title: A ey-in-Fact 1`LL41 Address: 5039 Steffan' Lane Address: 225 South 5th St. Houston, TX 77041 Waco, TX 76701 Resident Agent of Surety: y Ott ,g,4I tx, Sig zture Justin McQuain Printed Name 25025 N. 1-45 Frwy., Ste. 525 Street Address The Woodlands, TX 77380 City, State &Zip Code Page 2 00610 7-2009 Performance Bond 00090656 I Bond No. CNB-30236-00 I PAYMENT BOND THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § T GrayCity Utility& Rehab Co., LLC of the o:f Houston County of Harris , and State of Texas as Principal, and Insurors Indemnity Company 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 Five Hundred Thirty Six Thousand Three Hundred Fifty and 00/100 Dollars ($ 536,350.00 ) 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 t ese presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated the me' day of 4 ,, 2013, to which Agreement is herebyreferred to and made apart hereof as fully and ttoo hie same extent as if copied at length 5 p herein consisting of: 2016 Wastewater Collection System Rehabilitation- CIPP Liner and Pipe Burst (Name of the Project) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, 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 A eement p �' 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 therovisions of said Chapter 2253 to the same extent p p ntasifitwerecopiedat length herein. I I i Page 1 00620 7-2009 Payment Bond 1 00090656 I I I 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 ifs 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 WITNESAS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this Z day of V , 20 a. IT. Gray Utility& Rehab Co., LLC Insurors Indemnity Company Principal� Surety /Vj4€ws Ef Z44t,e4 Justin McQuain Printed Name Printed Name By: `� L By: ��Vain Y ��,OOL1 ') Title: is Title: /orney-in-Fact Address: 5039 Steffani Lane Address: 225 South 5th St. Houston, TX 77041 Waco, TX 76701 I Resident Agent of Surety: 14 1_ / , /I S i .ture Justin McQuain Printed Name 25025 N. 1-45 Frwy., Ste. 525 Street Address The Woodlands, TX 77380 I I I I I Page 2 00620 7-2009 Payment Bond 00090656 ® '°� DATEMMlDDlYYYY CERTIFICATE OF LIABILITY INSURANCE 01%12/2018 ) 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 NAME TWFG-PARKER/HOWARD INSURANCE (A/CNNo,Ext): FAX No): 827 VILLAGE SQUARE E-MAIL ADDRESS: TOMBALL,TX 77375 INSURER(S)AFFORDING COVERAGE NAIC# FAX 281-351-1454 INSURER A: LLOYDS BEST#085202#1991 SEE*BELOW A1122000 INSURED T.GRAY UTILITY&REHAB CO. LLC INSURER B: TEXAS MUTUAL INS A.M.BEST RATED(A)# 22945 DBA SPACE CITY PAVING, LLC INSURER C: PROGRESSIVE COUNTY MUTUAL INS.A.M.BEST RATED(A+)003690 29203 C/O MARCUS TAMEZ INSURER D: PO BOX 2176 INSURER E: CYPRESS,TX 77410 INSURER F: COVERAGES CERTIFICATE NUMBER: 108721 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 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR -- POLICY EFF ( POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER LIMITS (MMlDDIIfYYY�(MMIDD/YYYY� A GENERAL LIABILITY X X DTWGC52843 12-14-17 12-14-18 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,000 CLAIMS-MADE CX OCCUR I MED EXP(Any one person) $ 55,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO- POLICY LOC $ C AUTOMOBILE LIABILITY X X 03627238-2 3-30-17 3-30-18 (COMBINED)accident) LIMIT $ 1,000,000 __ ANY AUTO BODILY INJURY(Per person) $ ALL OWNEDX AUTOS SCHEDULED AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) _ $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE _ S EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ l $ B WORKERS COMPENSATION Y/N X 0001322672 3-30-2017 3-30-18 X I TORY LIMITS OER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE N!A E.L.EACH ACCIDENT $ 1,000,000 OFFI(Mandatory in NH) EXCLUDED? Y E.L.DISEASE-EA EMPLOYEE $ 1,000,000 (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS!VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) CERTIFICATE OF INSURANCE DOES NOT SUPERSEDE POLICY WORDING STATEMENTS MADE ON THIS CERTIFICATE DO NOT SUPERSEDE POLICY WORDING. STATE OF TEXAS OPERATION. THIS CERTIFICATE IS ISSUED IN ACCORDANCE WITH TEXAS SENATE BILL 425.. LLOYDS #085202 A RATING WRITTEN THROUGH RSI INTERNATIONAL, INC TDI LIC#2144 AS LOCAL MGA..LLOYDS SYNDICATE#1991 CITY OF ROUND ROCK LISTED AS ADDITIONAL INSURED.A WAIVER OF SUBROGATION APPLIES TO CERTIFICATE HOLDER. 30 DAY NOTICE APPLIES.JOB:2016 WASTEWATER COLLECTION SYSTEM REHABILITATION-CIPP&PIPE BURST CERTIFICATE HOLDER CANCELLATION CITY MANAGER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF ROUND ROCK ACCORDANCE WITH THE POLICY PROVISIONS. 221 E. MAIN ST. ROUND ROCK,TX 78664 AUTHORIZED REPRESS. • E 41111.r"L‘1010V 1• ;-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD KAKASBERG, PATRICK & ASSOCIATES, LP CONSULTING ENGINEERS Texas Firm F-510 Temple RICK N.KASBERG,P.E. Georgetown One South Main Street R.DAVID PATRICK,P.E.,CFM 1008 South Main Street Temple,Texas 76501 THOMAS D.VALLE,P.E. GeorgetoNm.Texas 78626 (254)773-3731 GINGER R.TOLBERT,P.E. (512)819-9478 ALVIN R."TRAE"SUTTON,.III,P.E.,CFM JOAN A.SIMCIK,P.E.,CFM November 21,2017 Mr. Eddie Zapata City of Round Rock 2008 Enterprise Drive Round Rock,Texas 78664 Re: City of Round Rock 2016 WW Collection System.Rehab—Pipe Bursting&CIPP Liner Round Rock,Texas Dear Mr. Zapata, Attached is the Bid Tabulation Sheet for the bids received until 2:00 PM on Thursday,November 9, 2017 for the above referenced project. This project was publicly advertised in Pflugerville Pflag on October 26`" and November 1st, and in the Round Rock Leader on October 280' and November 4"'. Competitive bids were received from six(6)contractors. The 2016 WW Collection System Rehab — Pipe Bursting & CIPP Liner project primarily consists of approximately 2,450 linear feet of pipe bursting rehab ranging in size from 8" to 10", 2,650 linear feet of cured in place rehab ranging in size from 8"to 42",one manhole drop assembly,6 new manhole installations, and various other bid items relating to traffic safety, trench safety, preconstruction & post-construction videos,site preparation,post-construction testing, site restoration and clean-up activities. The low qualified bidder for the project is T. Gray Utility Co. out of Cypress, Texas with a total bid of $536,350.00. The bids ranged from $536,350.00 to $1,085,525.00. Our final Opinion of Probable Cost for this project was $828,900. As we have no previous experience with T. Gray Utility Co., we have reviewed their related work experience and references. As a result, we recommend that a contract be awarded to T. Gray Utility Co, in the amount of$536,350.00. If you have questions,please call. Sincerely, L Brenton L. Burney,P.E., CFM BLBI xc: KPA 2017-102-40 TIIE CITY Or ROUND ROCK BIDS EXTENDED AND CHECKED Utilities&Environmental Services 2008 Enterprise Drive BY:Brenton L.Burney,PE,CFM Round Rock, Texas 78664 DATE: 11!13!2017 BID TABULATION SHEET:I of CONTRACT:2016 WW Collection System Rehab- T.Gray Utility Co. Humbard Contracting,Inc. Insitu form Technologies,LLC T Construction,LLC 1PR South Central Layne Inliner,LLC Pipe Burstine&CIPP Liner Cypress,TX Green Forest,AR Chesterfield,MO Houston,TX Houston,TX Bayton,TX LOCATION: 2008 Enterprise Drive Round Roc TX Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes DATE: November 9,2017,2-00 PM Addendum No I?Yes Addendum No I?Yes Addendum No I?Yes Addendum No 1?Yes Addendum No I?Yes Addendum No I?Yes Bid Bond? Yes Bid Bond?Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes APPROX. UNIT I UNIT UNIT UNIT UNIT UNIT ITEM A ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST Mobilization, Bands and insurance, not-to-exceed 5% of the Base Bid I Amount. ILS $22,000.00 S22,000.00 $35,000.00 $35,000.00 538,500.00 $38,500.00 $38,000.00 $38,000.00 $30,000.00 $30,000.00 $50,000.00 $50,000.00 Provide a DVD containing Video o Project Sites Before the Start of 2 Construction on the Project 1 LS $1,000,00 $1,000.00 $2,000.00 $2,000.00 S7,500.00 $7,500.00 $1.380,00 $1,380,00 $1,500.00 $1,500.00 $1,000.00 $1,000,00 Implement a Traffic Safety Plan (Vehicular and Pedestrian)Signed by a P.E. for Work Located in or Near 3 the Roadway I LS $2,500.00 $2,500.00 $17,000.00 517,000.00 $36,500.00 $36,500.00 S9,400.00 $9,400,00 S2,500.00 $2,500.00 $19,000,00 $19,000.00 Prepare, Submit, and Implement a Trench Safety Plan for Signed by P.E., in Confomtanee with Stale Law & OSHA, Including All Materials 4 Required to Implement 1-LS $2,500.00 $2,500.00 $5,000.00 $5,000.00 $10,000.00 $10,000.00 $12,000.00 $12,000.00 $12,500.00 $12,500.00 $5,000.00 $5,000.00 Prepare Storrmvater Pollution Prevention Plan, Including Submission to and Receiving Permits from Texas Commission on 5 Environmental Quality(TCEQ) I LS $2,800.00 $2,800.00 $2,250.00 $2,250.00 $34,400.00 $34,400.00 $5,000.00 $5,000.00 $750.00 $750.00 $10,000.00 $10,000.00 Furnish all Materials, Equipment, Tools&Labor Necessary for Vacuum Testing of Manholes in Accordance 6 with Technical Specification 6 EA $150.00 5900.00 5450.00 S2,700.00 5500.00 $3,000.00 S300.00 $1,800.00 S425.00 52,550.00 S1,000.00 $6,000.00 Furnish all Materials, Equipment, Tools&Labor Necessary to Replace 6 Inch Wastewater Line with 8 Inch Wastewater Line by Pipe Burst, Including Any Required Bypass Pumping and Surface Restoration to 7 Existing Conditions 1800 LF I $60.00 $108,000.00 $$78.00 $140,400.00 575.00 $135,000.00 $65.00 $117,000.00 $75.00 5135,000.00 5130.00 $234,000.00 SHEET TOTAL:L: S139,7100.00 5204,350.00 1 $264,900,00 1 S184,580.00 1 184,800.00 S325,000.00 THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities&Environmental Services 2008 Enterprise Drive BY:Brenton L.Burney,PE,CFM Round Rock, Texas 78664 DATE. 11/13/2017 BID TABULATION SI IEET:2 of 3 CONTRACT:2016 WW Collection System Rehab- T.Gray Utility Co. Humbard Contracting,Inc. tnsituform Technologies,LLC T Construction,LLC IPR South Central Layne Inliner,LLC Pipe Bursting&CIPP Liner Cypress,TY Green Forest,AR Chesterfield,MO Houston,TX Houston,TX Buyton,'I'X LOCATION: 2008 Enterprise Drive Round Rock,TX Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of safety?Yes DATE: November 9,2017.2:00 PM Addendum No 1?Yes Addendum No I?Yes Addendum No 1?Yes Addendum No 1?Yes Addendum No I?Yes Addendum No I?Yes Bid Bend? Yes Bid Bond? Yes Bid Bond?Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes APPROX. UNIT UNIT UNIT UNIT UNIT UNIT ITEM 6 ITEM DESCRIP'T'ION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST PRICE=` COST Fumish all Materials, Equipment, Tools&Labor Necessary to Rehab 8 Inch Wastewater Line by Pipe Burst, Including Any Required Bypass Pumping and Surface Restoration to 8 Existing Conditions 300 LF $68,00 $20,400.00 $7825 $23,475.00 $75,00 $22,500.00 $66.00 519,800.00 $75.00 522,500.00 $150.00 545,000.00 Fumish all Materials, Equipment, Tools& Labor Necessary to Rehab 10 Inch Wastewater Line by Pipe Burst, Including Any Required Bypass Pumping and Surface 9 Restoration to Existing Conditions 350 LF $75.00 $26,250.00 585.00 $29,750.00 $78.00 $27,300.00 569.00 524,150.00 $105.00 536,750.00 5160.00 556,000.00 Furnish all Materials, Equipment, Tools&Labor Necessary to Rehab 8 Inch Wastewater Line by Cured In Place Method, Including Any Required Bypass Pumping and Surface Restoration to Existing 10 Conditions 800 LF $28.00 $22,400.00 $41.00 $32,800.00 $63.00 $50,400A0 $50.00 $40,000.00 $120.00 $96,000.00 $128,001 $102,400.00 Fumish all ;Materials, Equipment, Tools& Labor Necessary to Rehab 10 Inch Wastewater Line by Cured In Place Method, Including Any Required Bypass Pumping and Surface Restoration to Existing ll lConditions 875 LF $29.00 $25,375.00 $46.75 540,90625 $85.00 $74,375.00 561.00 $53,375.00 $85.00 574,375.00 $155,00 $I35,62500 Furnish all Materials, Equipment, Tools& Labor Necessary to Rehab 42 Inch Wastewater Line by Cured In Place Method, Including Any Required Bypass Pumping and Surface Restoration to Existing 12 Conditions 975 LF $263.00 $256,425.00 $365.00 $355,875.00 $311.00 $303,225.00 $460.00 $448,500.00 $375.00 $365,625.00 5280,00 $273,000.00 SHEET TOTAL: I 5350,850.00 $482,806.25 $477,800.00 $585,825.00 5595,250.00 $612,025.00 TILE CITE'OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities&Environmental Services 2008 Enterprise Drive BY:Brenton L.Burney,PE,CRL1 Round Rock, Texas 78664 DATE: 11/13/2017 BID TABULATION SHEET:3 of CONTRACT:2016 WW Collection Svstem Rehab- T.Gray Utility Co. Humbard Contracting,Inc. Insituform Technologies,LLC T Construction,LLC IPR South Central Layne Inliner,LLC Pipe Bursting&CIPP Liner Cypress,TX Green Forest,AR Chesterfield,MO Houston,TX Houston,TX Bayton,TX LOCATION: 2008 Enterprise Drive,Round Rock,TX Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement or Safety"Yes Statement or5afety?Yes Statement of Safety?Yes DATE: November 9 2017 2:00 PILI Addendum No 1?Yes Addendum No i?Yes Addendum No I?Yes Addendum No I?Yes Addendum No I?Yes Addendum No 1?Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes APPROX. UNIT UNIT UNIT UNIT UNIT UNIT ITEM k ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST PRICE COST Furnish all Materials, Equipment, 'fools & Labor Necessary to Replaceflnstall External Drop Assembly for Manhole,Including Any Required Bypass Pumping and Surface Restoration to Existing 13 Conditions 1 L`A $1,800.00 1 $1,800.00 $3,00000 53,000.00 $4,000.00 54,000.00 $1,945,00 $1,945.00 $3,650,00 $3,65040 $5,000.00 55,000.00 Furnish all Materials, Equipment, Tools&Labor Necessary to Rentove and Replace Standard Wooden Fencing IF Deemed Required in the i4 lField by City for Pipe Bursting 100 LF si.oa $500.00 $25.00 $2,500.00 520.00 $2,000.00 l $9.75 $975.00 $30.00 .$3,000.00 555.00 $5,500.00 Furnish all Materials, Equipment, Tools & Labor Necessary to Install Manhole Including first Joint of Pipe in All Directions, Including Any I Required Bypass Pumping and J Surface Restoration to Existing �15 lConditions 6 EA $7,250.00 1 $43,500,00 $4,500.00 $27,000.00 $5,500.00 $33,000.00 55,200.00 $31,200.00 $10,525.00 $63,150.00 $23,000.00 $138,000.00 SllEF,T ro'FAL: $45,800,00 1 532,500.00 $39,000.00 S34,120.00 $69,800.00 $148,500.00 GRAND TOTAL: $536,350.00 $729,656.25 $781,700.00 $804,525.00 $849,850.00 Sl,085,525.00 O F C �► Aw Awl oe.k.......................... ......... '` ERENTON L. 8U1',NEY x r 122035 2 2 0 3.5......: � �,�ti spa N a L CERTIFICATE OF INTERESTED PARTIES FORM 129'J' 10f1 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. 2017-292675 T.Gray Utility&Rehab Co.,LLC Cypress,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/11/2017 being filed. City of Round Rock,Texas Date Acknowledged: 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. 2016 Collection System Rehab 2016 WW Collection System Rehab:Pipe Bursting and CIPP Liner 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Tamez,MARCUS CYPRESS,TX United States X 5 Check only if there is NO Interested Party. EJ 6 AFFIDAVIT I swear,or att+r+r+,u tiler penally of per ry ,that above disclosure is true and correct. GEORGE N.TAMEZ ID#3780215 My Commission Expires Signature of auth ized agent of contracting business entity April 19,2021 AFFIX Sworn to and subscribed before me,by the said Z this the day of 20_",to certify which,witness my hand and seal of office. L . CV0AiWUAAe92 Nola, "41 ature of o ' er administering oath Printed name of officer administering oath Title of officer admini tering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 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. 2017-292675 T. Gray Utility&Rehab Co., LLC Cypress,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/11/2017 being filed. City of Round Rock,Texas Date Acknowledged: 12/12/2017 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. 2016 Collection System Rehab 2016 WW Collection System Rehab: Pipe Bursting and CIPP Liner 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Tamez, MARCUS CYPRESS,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said this the day of 20 ,to certify which,witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337