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R-12-01-12-10C1 - 1/12/2012 RESOLUTION NO. R-12-01-12-10C1 WHEREAS, the City of Round Rock has duly advertised for bids for the Onion Branch 21" Wastewater Line Rehabilitation 2011 Project, and WHEREAS, Insituform Technologies, Inc. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Insituform Technologies, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Insituform Technologies, Inc. for the Onion Branch 21" Wastewater Line Rehabilitation 2011 Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 12th day of January, 2012. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk O:\wdox\SCClnts\0112\1204\MUNICIPAL\00240628.DOC/rmc rR=DROCK,TEXAS City Council Agenda Summary Sheet PASSION.PRaSPUM Agenda Item No. loci. Consider a resolution authorizing the Mayor to execute a Construction Contract with Insituform Technologies Inc. for the Onion Branch Wastewater Line Rehabilitation 2011 Agenda Caption: Project. Meeting Date: January 12, 2012 Department: Utilities and Environmental Services Staff Person making presentation: Michael Thane, P.E. Utilities Director Item Summary: This project will rehabilitate 410 linear feet of the Onion Branch wastewater interceptor line just south of US 79. This work is being done ahead of a drainage channel project to be done on the channel next to 615 East Palm Valley (the old Police Department Building on US 79). This work will correct a defect in the line as well as remove a manhole that would otherwise interfere with the drainage channel work. There were 2 well qualified bids received on this project with less than 2 thousand dollars separating the two bids. We recommend award to Insituform Technologies who was the low bidder at$53,523.00. Cost: $53,523.00 Source of Funds: Self-Financed Wastewater Construction Date of Public Hearing(if required): N/A Recommended Action: Approval EXECUTED DOCUMENTS FOLLOW City of Round Rock,Texas Contract Forms Standard Form of Agreement: Section 0000 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the ( )day of 44aU in the year 20 12 BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Insituform Technologies, Inc. ("Contractor') 17988 Edison Avenue Chad Prfiald- MO 63005 The Project is described as: Onion Branch 21"Wastewater Line Rehabilitation Project 2011 The Engineer is: City of Round Rock David Freireich,P.E. 2008 Enterprise Drive 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 DOCLTNIENTS 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 8. 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 7-2010 Page 1 of 5 Standard Form of Agreement 00196575 ARTICLE 3 DATE OF CO-3val ENCEIIENT;DATE OF SLBSTA\'TL4L CO]NiPLETION;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 NTotice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten ( 10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this — Agreement no later than thirty ( 30 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than thirty ( 30 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial.Completion of the Work(or any portion thereof)on or before the date(s) specified for Substantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated _ damages,the sum of 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 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 forty-five (a5 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUN11 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract.The Contract Sum shall beFifty three thnusand five hiindred twenty–three & 00/100 (S 53,523.00 ),subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Stun is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Ovtmer. Page 2 of 5 ARTICLE 5 PA- YAH-NTS 5.1 PROGRESS PAYTNMN-TS 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 Stun 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. Ile schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require. This schedule,unless objected to by Engineer or Owner,shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the 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 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. Page 3 of 5 i 7 8.6 Owner agrees to pay Contractor from available fiords 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 fimds shall tender 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 corm decisions of the State of Texas. 89 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. otiThis Agreement is entered into as of the day and year first written above and is executed in at least three(3) _gival 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. OM-ER CONTRACTOR 77F-- K,TE.1.1S Insituform Technologies, Inc. Printed Name: f LMI 1' I rkWA) Ztime- amc: ouglas Thomas Title _.M. io(z Title: V•P•—Global Procurement/Ops. Support Date Signed: Q— Date S 1/17/2012 Signed: p ATTEST: 4FO TPR VED AS TO FORM: a x City ey Page 3 of S 4 S F 00600 INSURANCE AND CONSTRUCTION BOND FORMS BOND NO.105727621 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Insituform Technologies,inc. of the City of Chesterfield County of St.Louis rave en suaity and and State of Missouri , as Principal, and Sureri rnmpauy 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 Fifty Three Thousand Five Hundred Twenty Three and No/100 Dollars ($ 53,523.00 ) 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 severalty, by these presents: WHEREAS,the Principal has entered into a certain written Agreement with the Owner dated the ,POA rUGl A-,- day of VUQ.YVI , 201Z to which the Agreement is hereby referred to and made a part hereof as.fully tnd to the same extent as if copied at length herein consisting of Onion Branch 21"Wastewater line Rehabilitation Project 2011 tName 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 aaggreements 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. Page I 0D510 7-2004 Performance Bond 00090656 - t 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 Pians, Specifications, or drawings accompanying the same, shalt 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 day of ,20_ Insituform Technologies,Inc. Travelers Casualty and Surety Company Principal Surety H.Douglas Thomas Andrew P.Thome Printed Name Printed Name By: By: Titie: -Global men Operations Su port Title: Attorney-In-Fact Address: 17988 Edison Avenue Address: One Tower Square Chesterfield.MO 63005 Hartford,Cr 06183 Res'dent Agent of Surety: Si 4D 4D insu ce Agency,LLC David Dady d/b/a Dady Insurance Agency Printed Name 557 South IH 35,Suite 201 Street Address Georgetown,TX 78626 City, State&Zip Code Page 2 0061 0 7-2004 Performance Bond 00090636 BOND NO.105727621 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Insituform Technologies,Inc. , of the City of Chesterfield County of St.Louis . and State of Missouri as Princ and Travelers Casualty and _ Surety Cananv 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 band, in the penal sum of Fifty Three Thousand Five Hundred Twenty Three and No/100 Dollars ($ 53.523.00 ) 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 the Y �'' day of , 20_IZ, to which Agreement is hereby inferred to and made a part hercof as fully d to the same extent as if copied at length herein consisting of Onion Branch 21"Wastewater line Rehabilitation Proiect 2011 (Name of the Project) 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 effect. PROVIDED, HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253, Texas Govcrnment 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 i E Page 1 DOM09 Paymcut Bond 00009,965566 I f 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 this day of .20 insituform Technologies,Inc. Travelers Casualty and Surety Company Principal Suety H.Dou¢las Thomas Andrew P.Thome Printed Name Printed Name By: By: a�- Title: rement/Operations Support Title: Attorney-In-Fact Address: 17988 Edison Avenue Address: One Tower Square Chesterfield,MO 63005 Hartford,Cr 06183 Resident Agent of Surety: Signature 4D Insurance Agency,LLC David Dady d/b/a Dadv Insurance Agency Printed Name 557 South IH 35,Suite 201 Street Address Georgetown,TX 78626 Page 2 OO6M7 2W9 Payment Bova OOD90656 Aeft'KD" CERTIFICATE OF LIABILITY INSURANCE DATE /YYYY) 7/1/2012 1/117/207/2012 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(les)must be endorsed. H 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). JPRODUCER Lockton Companies,LLC-1 St.Louis N M Three City Place Drive,Suite 900AIC No Ext): A/c No): St.Louis MO 63141-7081 EMAIL (314)432-0500 ADDRESS: INSURERIS1 AFFORDING COVERAGE c# TDI# INSURER A: Liberty Mutual Fire Insurance Company(64) 23035 5446 INSURED Insituform Technologies,Inc. INSURER B: Liberty Insurance Corporation 64 42404 47900 1056201 17988 Edison Avenue INSURER C: ACE American Insurance Com 11 22667 42160 Chesterfield MO 63005 INSURER D: INSURER E INSURER F COVERAGES INSTE02 223MRTIFICATE NUMBER: 11596959 REVISION NUMBER: XXXXXXX 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. ai&R TYPE OF INSURANCE IINNSR �WVVD POLICY NUMBER P LICY EFF MPOLICY EXP LIMITS A GENERAL LIABILITY y y T132-641-004218-031 7/1/2011 7/1/2012 EACH OCCURRENCE s 2,000,000 A X COMMERCIAL GENERAL LIABILITY BROAD FORM L LIABILITY AL PREMI ET EaEMED . 350,000 A CONTRACTUAL LIABILITY A CLAIMS-MADE X❑OCCUR PER PROJECT AGG.CAP$201vMED EXP(Any one 10,000 X IndeDendt Contractor PERSONAL&ADV INJURY S 2,000,000 X XCU GENERAL AGGREGATE s4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG S 4,000,000 LI Y X PET L $ A AUTOMOBILE LIABILITY y y AS2-641-004218-021 7/1/2011 7/1/2012 (EaMBBIINdED IN LE LIMIT 5 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ XX)a (XX AUTQISNNED AUTOESDULED BODILY INJURY(Per accident $ XXXXXXX u NON WNED PROPERTY DAMAGE $ XXXXXXX HIRED AUTOS AUT PeraccideM sXXXXXXX UMBRELLA LIAB WOCCUR EACH OCCURRENCE $ XXXXXXX EXCESS LIAR CLAIMS-MAD NOT APPLICABLE AGGREGATE $ XXX}�� xx DED RETENTIONS $ WORKERS COMPENSATION yy STATU- OTH- B AND EMPLOYERS'LIABILITY y WA7-64D-009004-441 7/1/2011 7/1/2012 X TO Y LIMITFIR B ANY PROPRIETORIPARTNERIEXECUTNE NIA WC7-641-004218-011(WI&O 7/1/2011 7/I/2012 E.L.EACH ACCIDENT $ 1000000 OFFICER/MEMBER EXCLUDED? N (M yya een ssdatory In NH) E.L.DISEASE-EA EMPLOYEE 1,000,000 (DESCRIPTION uOF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1 1,000,000 C INSTALLATION FLOATERy N 120406045009 7/1/2011 7/1/2012 SEE ATTACHED LIMITS DEDUCTIBLES: VARIOUS PER POLICY SCHEDULE DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I(Athch ACORD 101,Additional Remarks Schedule,If more space is required) RE: ONION BRANCH 21"WASTEWATER LINE REHABILITATION PROJECT 2011. THE CITY OF ROUND ROCK,TEXAS IS ADDITIONAL INSURED UNDER GENERAL LIABILITY AND AUTOMOBILE LIABILITY AS REQUIRED BY WRITTEN CONTRACT,BUT ONLY WITH RESPECT TO LIABILITY ARISING OUT OF THE NAMED INSURED'S OPERATIONS;AND ADDITIONAL INSURED UNDER INSTALLATION FLOATER AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES UNDER GENERAL LIABILITY,AUTOMOBILE LIABILITY AND WORKERS'COMPENSATION WHERE PERMISSIBLE BY LAW AS REQUIRED BY WRITTEN CONTRACT. **SEE ATTACHED ENDORSEMENTS" CERTIFICATE HOLDER CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11596959 AUTHORIZED REPRESENTATIVE CITY OF ROUND ROCK,TEXAS Kevin E.McDaniel ATTN: CITY MANAGER 221 EAST MAIN ST. ROUND ROCK TX 78664 ACORD 25(2010/05) ©1988 RD CORPORA11ION.All rights reserved The ACORD name and logo are registered marks of ACORD