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R-13-10-24-G4 - 10/24/2013RESOLUTION NO. R -13-10-24-G4 WHEREAS, the City of Round Rock has duly advertised for bids for the Bowman Road Culvert Rehab Project, and WHEREAS, IPR South Central LLC has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of IPR South Central LLC, 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 IPR South Central LLC for the Bowman Road Culvert Rehab 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 24th day of October, 2013. /61 ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: €1,Kik TAO - SARA L. WHITE, City Clerk 0112.1304; 00282648 71#-.ROCK TEAS PURPOSE 1RSONPROSPERITY City of Round Rock Agenda Item Summary Agenda Number: G.4 Title: Consider a resolution authorizing the Mayor to execute a Contract with IPR South Central LLC for the Bowman Road Culvert Rehab Project. Type: Resolution Governing Body: City Council Agenda Date: 10/24/2013 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: $357,164.50 Indexes: General Self -Financed Construction Attachments: Resolution, Bid Tab, Council Map Text of Legislative File 13-714 Four existing 54" Concrete Masonry Pipe (CMP) culverts that cross under Bowman Road near the intersection of Nicole Circle have deteriorated to the degree that an existing high pressure gas main may be exposed and become a risk to the Public. This Project originally went out to Bid in June of this year, and the bids came in above the Engineer's estimate for the method we were proposing due to inflated material cost (High -Density Polyethylene slip -line pipe). On September 26, the City Council approved a resolution rejecting the bids for this project. The City has revised the design and have re -bid the Project using an alternate design incorporating a more structurally sound method of repairing the culverts. The Project includes demolition of existing concrete rip -rap, removal of mitered ends of damaged pipe and extending new pipe to tie into proposed headwalls, removal and replacement of sidewalk, constructing flumes, and revegetation of all disturbed areas. The method of rehabilitation for the deteriorating CMP pipes will consist of a cast concrete lining of the entire culvert which will occur after all work associated with this project is complete. The Engineer's estimate was $324,000. The low bid was $357,164.50 by IPR South Central LLC. Cost: $357,164.50 Source of Funds: General Self Finance Construction Staff recommends approval. City of Round Rock Page 1 Printed on 10/18/2013 BIDS EXTENDED AL/ g- • 13Y : Danny Halden/Kelli Rogers la. aar aa ass* a 41,, 41. I., A .6,1,41, / (.7allinr ,., . , ,. „ „• • ,, • . BID TABULATION CLIE'V'T. 1 —8•.% 1 • I E -, co 0 0 0 6 o 0 c‘i" N4 64 0 C 0 C 6 kr o rk tel c,- tri er NJ ir 49 V ,ZR Afl 0 0 6. o 0 e '0 69 tAl '75A tin 1 0 0 o 0 0. c, - 69 0 0 o o en 00 - 44 0 6 0 o 0 '0 69 0 0 6 tr. vR‘ - 69 0 0 c; 0 -:, - --. 69 0 0 6 0 v::, rrk- VI 0 0 6 0 tri -or 69 0 0 6 In co 4,i 69 0 0 6 0 0, co NI 69 p p 0 © t-, er) o‘ e.4 69 UNIT PRICE $44.00 0 0 0; in 0 Ok 69 NI 49 0 in kko E.9 0 O co 0 C4'' en 69 0 in N -- 44 0 6 to 0 o -- 4, 0 6 o en ' 06 44 0 tri NJ ER 0 *r in ER in b NI ER Tr? On 0 0 6 a Ea 0 0 0 in 69 0 0 0 0 c5 N4 4.9 --Ad 0 0 E- 0 44 0 0 0 u os.- - E.9 diaa.1 t;) 0 0 0 0 0 0 0 0, r•-• - as' NI Ni 69 69 0 C> tri NJ •-• ••••;' - 64 0 0 6 0 0 •1-- 0 - 69 0 0 0 0 vl, - en 44 0 CZ 0 0 ON 06 4.4 1 0 0 0 0 Ni en - 44 0 0 0 Ni ,r) in" ER 0 C> 0 0 -, Nis 64 0 0 0 0 V-. 0 0 0 - ts--. -- ER 0 0 6 0 kr: r•-7 6.9 0 0 4 •-. S - 64 0 0 0 0 oo or.,' 69 c) o; 4) ,,,,r ,...4i it - NI 69 0 0 t4 0 0 r, 06 6 In 2 co - ER 0 C4 Cl.. -ER69 NI ('4 69 0 0 6 NI el 0 C> in 0 - 0 c:> 6 0 0 csi in ER 0 0 6 ON 44 0 0 6 0 Ce 6. 44- 0 0 6 0 cl,t•- -r ER 0 0 rri NJ 6.9 0 0 6 N., 44 0 C.• - - 69 0 r•-• kr; ER 0 to 6 0 in t-!' 69 0 0 ko NI ER 0 0 6 0 00 ON' 44 1 HE CI Y HOUND ROCK Utilities & Environmental Services 2008 Enterprise Drive Rintenri 12 nnit Tv 12KKA 0 0 0 C> E- 6 0 co.)co r- c) GI - 0 0; ir- .1- 44 44 0 0 0 tr v.) N• - EA 0 0 0 0 0 0 00kr) tn 0 C,I t-: -- - 69 44 0 0 0 c-- kri - ER 0 0 6 0 0 CZ 44 0 0 6 to 'cr Os (0) 0 0 6 0 00 •cr cA 0 0 6 0 0 en 64 0 0 6 0 0 .0 69 0 0 6 0 - .4 69 0 0 6 0 o e.i ER 0 0 6 00 I-- 0 0 0 kr) ONi, - 69 000L 6P 00'001$ IDDId JLINfl 0 0 rn - ..- 0 0 0 0 0 0 - v- oo 49 0 in "4- 44 0 6 0 0 r-7. 64 0 6 0 ":1'. ON 44 0 0 r4 49 0 6 0 - 64 0 tri ,- 48 0 t--: 48 0 6 0 0 en. ER 0 6 CA FA 0 6 ,t) ER Safety Exp. Stmt.? Yes Addendum(s)? None [Bid Bond? Yes 0 0 C> 0 E- 6 6 v.) in 0 ,...... Ni.„ en ;1 - 00 No NI - 69 44 0 0 kri ts- 00 ee; 'cr 44 I 0 0 C> 0 0 0 0 0 0 •.0 0 4 - eV ER 4864 0 0 6 in '0 N: NI $4,350.00 1 0 0 0 0 N., .0 ER 3 $3,600.00 , 0 0 6 V' in en 69 0 0 0 0 Ce• in 69 0 0 tri "7 c4 4 69 0 0 in in ON 4 49 • 0 0 eri 6 00 0 oN 00 Ni 00 4448 0 0 , WI 00 - ...., hi 6 •_at 0 4 t. .1 en 06 _ 49 0 in NJ en fel 00.00C11$ 00'013$ $79.00 I $4,350.00 eD 6 0 fl •.C. 49 p kr. - EA p 06 - - 9 6. ,r1 4 - 64 trl 4 - 44 0 6 in ON EA 0 0 ko 6 I-- 0 64 00 69 — -...-.................,. . ....., Tr igss.a...,..au ‘.. us Yva t INViliall kiwymuu) T "0, A TTAella _ A,6 ^nes •-• ., • gr. • In. • .,- L.F. EA. . . . vi . -i . (.6 • cri L.S. ....i ._j 1 TOTAL BASE BID: k 2 >:.' 0 ii. E.. 0 •-. V) M tr, el CA 350 - - 0 "1' 0 rn 400 1 300 -- ITEM DESCRIPTION Remove existing concrete Excavate 54" CMP 4" CMF, direct bury Edge protection railing Concrete Headwall with wings Ct., 6, o '... • '1) L. •CII. 0 FY Special Curb Inlet . . . _ 10' Special Curb Inlet Concrete flume . _ concrete Curb and Clutter Concrete Sidewalk — • Restoration and re -vegetation Erosion Control . . . 4 Lb= Link Pence Traffic Control It. LZ1 E-, .-. - NJ rn "zr trl r--• 00 0', a -, - - NI en - •cl• - in - - BIDS EXTENDED BY : Danny Halden/Kelli Rogers w c N W w 00 CONTRACT : Bowman Road Culvert Rehab (Revised) IPR South Central LLC Patin Construction LLC Greater Austin Austin Engineering Co., Development Inc. • ADD ALTERNATE NO. 1 1 0o000'cs, U 0 ONO 00 fR 0 > ONO .... 00 I TOTAL BASE BID + ADD ALT. NO 1 5355,837.901 5371,000.00 1 $459,669.00 1 S476.SRf_00 1 ' ITEMS ,., Qd At Z .- 0 o 0 M 44 0 a N 00 VI ` TOTAL BASE BID + ADD ALT. NO. 1 + ITEM 6A ( 5357,164.50 J 5408,250.00 1 5501,669.00 1 5479.880.00 1 TOTAL BASE D + ADD ALT. NO. 1 + ITEM 6B 1 5367,222.90 1 $371,250.001 $505,669.00) $484,830.00 W FUod Zai n. 0 UNIT PRICE 0 o — `fl 0 •n N 44 o $520.00 $187,200.00 5187,200.00 A 4 Q 542,000.00 0 o o 00 u F"{.jo Z w FV N L aM M .0 THE CITY OF ROUND ROCK Utilities & Environmental Services 2008 Enterprise Drive go p CJ (:). a 0 h 69 0 ci4 ,. ,.� C Q •4 o Ct. M 00 0 N UNIT PRICE 0 c•-•— v 6.1 14 r a 0 N 6 ci 69 .0 cn C) Ch 'r:0* 4464 N � ADD/DEDUCT = <� N 0 511,385,00 J UNIT PRICE h vi b &4 UNIT PRICE N0 00 0 M '9 APPROX. QTY. UNIT 360 L.F. TOTAL ADD ALTERNATE NO. 1: (r Z 00 00 1 APPROX. QTY. (MAX.) 0 M M 0 M M ITEM DESCRIPTION Cast lining system for 54" CMP ADD/DEDUCT ITEM DESCRIPTION Gabion Mattress in lieu of Rip - Rap • •OC w.. 0 a) 0 0 C3 0 c 0 J 2c�! 7t rG EXECUTED ORIGINAL DOCUMENT FOLLOW 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 th*lb 4)daYo f tiN in the year 2013 . BETWEEN the Owner: and the Contractor The Project is described as: The Engineer is: City of Round Rock, Texas (hereafter "Owner" or "City") 221 East Main Street Round Rock, Texas 78664 IPR South Central LLC Bowman Road Culvert Rehab (Revised) ("Contractor") Danny Halden 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 8-2012 Page 1 of 5 Standard Form of Agreement 00196575 1 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 from the date delineated in the Notice to Proceed. (10 ) calendar days 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than thirty-five (35 ) calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than ninety (90 ) calendar days from issuance by Owner of Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 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 Five Hundred and No/100 Dollars ($500.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial Completion in the Agreement. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate estimation. It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than one hundred twenty (120 ) calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be three hundred and fifty-seven thousand one hundred and sixty-four dollars and fifty cents. ($357,164.50 ), 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: Total Base Bid: $188,243.50 Total Add Alternate No. 1: $167,594.40 Add/Deduct Item 6A: $1,326.60 Page 2 of 5 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 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 shall make payment to Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above, payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require. This schedule, unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 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 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. 7.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project Manual dated August 2013 7.1.4 The Specifications are those contained in the Project Manual dated August 2013 7.1.5 The Drawings, if any, are those contained in the Project Manual dated August 2013 7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated August 2013 7.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, if any, are those contained in the Project Manual dated August 2013 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: 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: Lance Shellenberger City of Round Rock Project Manager Office: 512-218-6609 Cell: 512-801-0668 I shel lenberger(a,roundrocktexas. gov 8.3 Contractor's representative is: CertkAll j Yt- 5) b�[E: —113 -kA k A (AAA: -►t3 815-502 ghoFwtr €.-Eecunl per. coh, 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. Page 4 of 5 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 CITJPjQF ROUND ROCK, TEXAS Printed Name: -F1/4-1 IA %��iitAN Title IV WV �Q1� Date Signed: NO • . 4 1 ATTEST: g914Alt` City Clerk FO's Y, APPOVED S TO FORM: City Att CONTRACTOR 1 PZ SnuAk (€ -kal Printed Name: Kms.- 1)0,J D d Title: &.%e lrr-1 ' ► L tr 5L.r Date Signed: J Page 5 of 5 1 1 BOND #SU1124107 1 PERFORMANCE BOND i 1 1 1 1 1 1 1 1 THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That PR South Central LLC of the City of Houston County of Harris , and State of Texas , as Principal, and Arch Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Three Hundred Fifty -Seven Thousand One Hundred Sixty -Four and 50/xx Dollars ($ 357;164.50 ) 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 int a certain written Agreement with the Owner dated the i day of o(jJ , 2013 to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Bowman Road Culvert Rehabilitation (Revised) (dame 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. 00610 7-2009 00090656 Page 1 Performance Bond 1 1 1 1 1 i 1 1 1 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, shallin anywise affect its obligation on this bond, •; and it does hereby waive noticeof any such change, extension of time, alteration or addition to the toms of the Agreement, or to the work to be performedthereunder. IN WITNESS WHEREOF, the said. Principal`;and Surety have signed and sealed this instrument this day of , 2013 IPR SOUTH CENTRAL, LLC Principal NICK BANCHETTI Printer By: Title: Y; NERAL MANAGER Address: 7600 S. SANTA FE, BLDG E HOUSTON TX 77061 Resident Agent of Surety: SignatureTeresa D. Kelly Alliant Insurance Services Houston LLC Printed. Name 5847 San Felipe, Suite 2750 Street Address Houston, TX 77057 City, State 4.. Zip Code 00610 74009 00090656 Page 2 Arch Insurance Company Surety Joann Dombrowski Printed Name By: Title: Attorney -In -Fact 746.2„ Address:: _3 Parkway, Suite 1500 Philadelphia. PA 19102 Performance Bond 1 1 1 1 1A 1 THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND § BOND #SU1124107 KNOW ALL MEN BY THESE PRESENTS: That IPR South Central, LLC of the City of Houston County of Harris and State of Texas as Principal, and Arch. Insurance 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 Three Hundred Fifty -Seven Thousand One Hundred Sixty -Four and 50/xx Dollars ($ 357,164.50 ) 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, e rincipal has entered into a certain written Agreement with the Owner, dated N the - day of OUNY- , 2013 , to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Bowman Road Culvert Rehabilitation (Revised) ame 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, Iaborers, 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 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. 00620 7-2009 00090656 Page I Payment Bond 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 suchchange, extension of time, alteration or addition to the terms of the contract, onto the work to be performed thereunder.: IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of , 2013 IPR SOUTH CENTRAL, LLC Principal NICK BAN( TTI Printed ifLie,:k By: Tide: E TRA ANAGER Address: 7600 S. SANTA FE, BLDG. E HOUSTON, TX 77061 Resident Agent of Surety: Signature Teresa D. Kelly Alliant Insurance Services Houston LLC Printed Name 5847 San Felipe, Suite 2750 Street Address Houston, TX 77057 00620,7-2009 90656 Page 2' Arch Insurance Company Surety, Joann Dombrowski,, Printed Name BY: %4111' Title: ttorney-In-Fact Address: 3 Parkway, Suite 1500 Philadelphia. PA 19102 Payment Bond