Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
R-14-01-23-G1 - 1/23/2014
RESOLUTION NO. R -14-01-23-G1 WHEREAS, the City of Round Rock has duly advertised for bids for the Reuse Water Transmission Main — Phase 2 Project; and WHEREAS, Prota Construction, Inc. has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of Prota Construction, 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 Prota Construction, Inc. for the Reuse Water Transmission Main — Phase 2 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 23rd day of January, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1404, 00290133 ROUND ROCK, TEXAS PURPOSE P SSOK PMSFWtt City of Round Rock Agenda Item Summary Agenda Number: G.1 Title: Consider a resolution authorizing the Mayor to execute a contract with Prota Construction, Inc. for the Reuse Water Transmission Main - Phase 2 Project. Type: Resolution Governing Body: City Council Agenda Date: 1/23/2014 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: $1,584,007.40 Indexes: Self -Financed Water Construction Attachments: Resolution, Bid Tab Reuse Water Phase 2 - Group 1, Bid Tab Reuse Water Phase 2 - Group 2, Engineer's Letter of Recommendation, Bid Sheet, Reuse Phase 2 Map Department: Utilities and Environmental Services Text of Legislative File 14-1063 This project, 24 -inch Reuse Water Transmission Main - Phase 2, continues the City's efforts to provide Reuse Water to the developing Northeast area of Round Rock. The engineering design was completed by Waeltz & Prete, Inc. and consists of approximately 13,300 linear feet of 24 -inch Reuse Waterline. This waterline will connect two existing lines, which include the Phase 1 Reuse Waterline in Old Settlers Park and Phase 3 Reuse Waterline near the intersection of A.W. Grimes and County Road 112. The project also includes relocating 820 linear feet of 8 -inch potable waterline along the future Arterial A adjacent to the Settlers Overlook subdivision. Thirteen bids were submitted for this project. The bids ranged from $1,584,007.40 to $2,683,267 with Prota Construction, Inc. submitting the lowest bid. The Engineer and City Utility Staff recommend awarding this contract to Prota Construction , Inc. for the amount of $1,584,007.40 The City has received federal grants from the Bureau of Reclamation that will fund 25% of the total project cost. Cost: $1,584,007.40 Source of Funds: Self -financed Water Construction Approval City of Round Rock Page 1 Printed on 1/22/2014 8 2 2 2o m W .. W o> w w+ g t" 3 3iaoa Mil 3m pm 9yES�'m 3o m° ? x sa q 0 W5•8m 18, ` i -P gmv4-- �gamn Et P 8m g= i ^mmg8 g 3 B9!'S Fr Sy m�9t� _°ig *1 i i 1 8 E2 1111yo VW! nit's a -P.; 41.11 Bi 8 g v g; �v pp a Cm V sa 3 m 8PyW gig m ?SeA �yPmp m BSN if, e o 8 �o a O m Y s` . P O+ e� § a R m*a9 Ag Agg Au� m17s`o $g . a 3 G5 20 5g1s ':' as 3T m2 g� D 11 18 8$ ! gm m? m 8 , { ''S V sm 3m - g �' �1 "L g u3 g sO aW gg ss 8g 5u �miogg' oSS y w m 2 mm W o m O 7 T T T mm mm q T < T D D rT T mi(� y S ��I11 D rr a N 8 N & 8 N N 8 8 N N 8 8 8 N N N N N N N 8 0 8 8 8 8 8 N N N N N N N g 8 P m 8 8 8 8 N 8 N 8 N 8 8 N m N 8 N O g N 8 N 8 8 N 8 N I Unit nitPde X Price Cost • Prota Construction, Inc. Amman sueem x N 88 s N m N N P o N N 8 8 m N N .N N N N N 8 g m 8 m 8 8 8 N N N N N N N Sill LW 8 8 m 8 8 8 8 m N N 8 N N S'8 8 0 N 8 8 N § 8 N 8 8 N § 8 N A 8 N 8 Central Road and Utility, Ltd. Arldw.a z wears x 9.egs,p x Unit Price Cost u P N A0x 8 0 N 8 8 N N 8 8 8 8 N N N N N u a 8 8 8 8 m m O N N N N N N N 8 8 m 8 m 8 8 N m N 8 u 41 8 N 8 N 8 N 0 a 8 N 8 g 8 N 8 ilgil i iQ i x Palin Construction, LLC Ada* X N 0 O r 8 N N 8 O o 8 8 N N N N N N N 8 m m N m O 8 N a o $ 8 P 8 8 8 28 N O kl 8 N O CO 8 N m S 8 N 0 8 m8. 8 N 8 o $ P m,a ti lg! x x ORO Max Construction Co, Inc. N a 8 N 8 N N W 8 O N N ,::: 8 8 N N N N N N N $ 8 m 8 o m o 8 N N N N N N N u + O 8 8 8 8 8 8 N N o N W 8 QN S 8 CO 8 N Q E 8 u 8 N Q a m N P 8 N p S 9 m' m N P ? x x g O 2 x N 8 N o 8 N N P �1 8 8 u u aw 8 O 8 N N N N N N CO + 1a. 8 8 8 m 8 8 8 u N u u u N N m 8 8 8 8 8 8 8 8 N 8 N 8 8 N $ 8 8 N 8 8 N o s N 8 8 N e 8 N W 8 N o i} 8• N > 8xx% 8 k 8 n a t t. N $ O 8 N N m 8 Yc8 v 8 8 N N N N N N N 8 W 0 8 8 O O 8 8 CZ 2S 8 g m 8 O 8 8 m m N t 8 N § 8 8 N 8 § 8 8 8 N 8 . 8 N t 4 $S Aim a m Sixxx 8 1Caasco Constructor, Ltd. seawnn z WIRE =0145 5 ro a o u w T. o m P .i P 3 81?? =5 w 1 8 m 8 "s i p i 5I 0 �8 wm w g y! S "s - W I W&WRi ww wN l w e N g N3 aP M e g QQ 5� ilio. '6;2811 „, u s g«=e 3 m' S g9 m< sa 9m } a: std if -0, w Wm ii nm° atom n� n m 3 S 3- d A �g� wigs. m r 5 c gas S A m i, c � R ss m 3 ii; s=»6 >; 5 m 'aa0 Som ? wg t m m- 3 m s: i 0 i 3 wi�? Rep _ .. P P P N 8 0 N N S 8 N 8 N 8 N 8 N S 0 N P 0 N N2 o 8 N N 8 N - N $ N so N 8 N 8 1 P. %x 8 '8 N 8 N co m 8 88 a_ 8 $ N N S 8 0 0 g 8 N 0 8 8 N 0 0 N 8 0 0 N 8 $ 8 N o $ N 0 8 N 8 m 1# n_ O % ge , QC x % a p e 0 N o } 8 N § 8 8%X 8 N § 0 0 j 8 8 8 m o 8 N O O N P N r 8 8 P 8 a Ra m Patin Construction, LLC raa... x Oil sena x __ N 8 N 8 8 N g N p 8 N g g0 8 N S N E O N u 8 N 8 8 N 7 8 N o N a 8 N 8 8 N 8 N 0 N 8 8 N 8 0 k e N in 8 0 illa§ h X QRO M. Construction Co, Inc. .Aram, X am X $ N § 8 N 0 N 8 N 8 N 8 N 0 N 0 N 8 N 8 8 N S N 8 8 N N 8 8 N 8 N o N g 8 N d%x 8 N 8 N 0 , H E. 5 2 LI X , bN 0 N 8 o 8 N g 8 8 N e 8 E N 8 0 � 8 N k 8 S 0 N 8 0 o o N 8 o N Po N S N ee 0 N 7. o N 0 N 8 8 6 �xxx Cash Construction Company, Inc. it we.�wa z N 8 N 8 0 8 N b 0 �n8 8 N 8 8 8 0 N 8 8 0 8 N i 0 2 8 8 N o 8 2 § 0 N s ' P 8 N P 8 P a 0 N 0 8 8 0 a�gw i.2 g$ x % 1 Chas. Constructors, Ltd. ree«a.. VA o 8 8 4 8 8 2 8 8 9 8 8 8 S _ a s Via,— 9 O= . m"1 ii. � m �1 m- n m 'g 3 P 3 m a a g 3Igk 7 8 :- 5. g S3' S a m 6 m 3 ?m6i LI mFiE am � o`i S o $ ti 8asP = 3 u, Sane 3 mA So �a F a w sa 3 'm8 - m u gg m' 3 m 5 -Eo v nm :0 3=a u .. 3 A S a i 3 m!n SS.W q g 9 o 2 ; - imx L' S n 3 a 9 I 4 n 28 a8. m` S ; 3 F C s 8 3 ba — 'al: mf _ a w A u - n m a _• a8?, m: m a = i m t S $- < m, F _ o 3 5 3 n ti � 8� o a S o msgae 3. c Sro ' °in, 3!21 - EI 8 a o h _ ... w w - 8 m h J O > '� X�1111 D t t X�1111 > N N 8 ( N m y t n m y N 8 8 N o N N N 14 8 ? 0 0 8 h h N N 8 $ 8 8 N 0 N 8 8 N " 8 h 8 8 co co o 0 N N 5 o $ 8 N 8 h 8 h 8 N o N 8 N $ 8 N 8 N 0 N " 8 N U 8 N st n N 0 N t o N $ 8 ugfl �xxX _ 8 N IA; 8 N o N 8 N N $ $ O N N o 0 0 h N to $ 8 N N - lo 8 8 8 8 N N 8 E $ $ N ru al 8 8 8 N 4 g N u 8zi 8 N O N 0 N o 8 h m 8 8 N 8 8 N 8 N 88 8 N N 88 8 u 8 h N 8 h O $ h m 8 i'B n O x -. Central Road and utility. Ltd:— ,......* td.,...... n x Mb. x h 0 h H o $ N o N $ o N h N n G 8 N N u N8i. $ $ 8 h N 8 N $Fri 8 N N N N V $ $ 8 N N N 8 0 0 N 8 N $ h 8 0 N $ w 0 h o N 8 8 N o 0 Al o N $ 8 N o $ pp R N. X Patin Construction, LLC ,ee.,w. x o 8 h 8 8 N & 8 3 8 8 N h § 8 8 $ $ o 0 N N $ 8 8 N N 0 0 h h § 8 8 N 0 N 8 8 h 0 4 0 w 8 h 0 N 8 8 w 8 h 8 N a 8 0 h 8 i;' BXxx 3 3 i 2 P. ii e o 8 8 N 8 $ 8 N 8 o e $ o S 8 8 g 8 a 8 40 Of 8 8 8 o 8 N 8 g 0 N 8 t 8 N 0 E 8 w 8 8 N 8 o N 8 a 8 $ o 'gala at Santa Clan Construction, Ltd. h 0 w o N 8 N $ C `" $ 8 w N $ 8 8 N 8 0 8 h 8 0 h oN 0 8 N h $ o u 8 N o 0 N n N 0 N o g 0 N 8 $ N w 8 0 h N 0 S 8 g 8 N 8 i7' $ o x 2 o x N 8 h 0 8 u S N i 0 N N 8 o h _ t 8 8 u 8 w qp 8 8 h o N 0 N h 0 0 N N g 0 8 N $ w $ N S N g o N o In o N 0 in e N 8 N § o u N $ o N h SA So $ $ 0 0 Fa� axxx TOtal BASE BIO An1OUnt (Base Bld Items 1 thru 44) Engineers Opinion of Probable Construction Cost: $2,260,102.93 !!» m •iMaaVing WW8 I=Uj!jt _ REV ::.t 32s|r \-\ ` Jill m,f '8'g !|$ Ig 5k! 129 \1: ! ■ i ; , 9 I \4.4 6 | 8 8 ) 88 | | 6 8 - }|.| l... Prole Construction, Inc. eaa.ens enema X k_ )§ 8 : | 8 § 8 \ | | \|1 § . t 8 9888 ` Fr Central Road and Utility, Ltd. aea.e..n z MB. % $ 2,103.289.05 § ( 8 8 \ 8 k d §I.|| ¥... Patin Construction, LLC seem, x ss ems x $ 2,106,495.70 8 - § - 8 ) - k \ ..k , 8 !. 2... r. , 1 } # $ 2,244,644.00 ) 2 ) 8 8 - 8 k 82 l... ' Santa Clan Construction, Ltd. Mat. X BM esu x $ 2,257,445.00 8 i k 8 8 . / 8 ) / k . d {||| l... \ | | 2 #,• 8 2 8 d 8 / 8 8 t- 8 8 8II| E... Chasco Constructors, Ltd. N a F,. -, o n n .i a a a m N 1E11 1E1[ Illi ilii miff 8f m id ma 28 23 31 8T 30 36 1 m s m; r m 9_ a e c Z m 6_ 5 5 y 1 9 o ! a 1 1 2 m m 1121; 123` 11117; n�a m'�a gg S m m �� 1F' o n EF,' '1$33 Tolls <a 1m sa 40 91 •• 1 v q xg Zs, 3m Sa � iggm. Eigi4 lig-g, -sa;-o 'sly : 8 a a-, sa "3 !_ E 1, s �'m A g'n$m O So mp _ 3 f _ i �' 6n I Z� �15- N 1aii 1 BWIT. ^� A ^1N �ro ° 2 1 1'_Q. . 11 ; m 1$n 1$o mom'Pa='m x�a� 1 9 3 g 1�� y � • m 3 0 a B 1 y m LI_ N m _ 21 n m o $ ° 3 T T T T T T i T T T m N �" T" s N N N N N N N N N $ a 8 8 7y a SRI n o $ n 8 8 n o o 8 o 8 8 8 8 8 8 8 N 8 5'%%x b. 8 § N $ $ o$ n n 8 n n 8 's n 8 8 8 8 O s Aaron Coneroto Contractors, LP 74a.e,.n x Unit Price Coal $ 196000.00 S 195,000.00 S 700.00 $ 2,800.00 $ 94,100.00 $ 94,100.00 $ 1,100.00 $ 3,300.00 5 3.00 $ 3,160.00 $ 2.00 0 6,420.00 $ 70.00 $ 70.00 $ 70.00 $ 140.00 5 17.00 $ 695.00 $ 0.80 S 19,174.40 $ 100.00 $ 1,283.800.00 $ 94.00 $ 102,178.00 $ 43.00 $ 35,280.00 $ 830.00 $ 89,930.00 $ 480.00 0 171,680.00 1 %% JKB Conslrollon Company, LLC N N N N N N N N N N N N N N s 8 s § s § gni S 8 n O 8 8 n 8 8 8 8 8 8 N N NN N N N N N N N N N N N x % A A Y oq r ig a -. $ $ $ $ $ a o 9 o 8 8 o 0 0 0 i % N N N N N N N N N N N N N N N F }rl 9 $ 8 $ $ 8$ $ n o O n $ a � PN 8 N % x. N m -.. n N N $ C b. $ o n n n S o n 8 $ 8 $ $ $ $ Keystone ConatmclIon, Inc. 7seaam xAdem u N N N N N N N co, N cA� F r. 8 n 8 $ $ 89899 8 9 8 n $ � a' $ x x b 8 b a o 8r. 8 8 g N i g $ 8 o n $ o 8 o $ n o 0 0 0 $ $ $ n x N N N N N N N N N N N N N N 0 1Q $ $ $ 3 $ 8 9 8 $ $ $ $ 8 $ • v• i m N N N jo m O% 8 8 $ x 8 o e 8 8 8$ $$ 8 s 8 8 nIth Contracllnp Co., Inc. 1 8 8 w 2 -. o 8 m zi m ll '$0 _ ail n• gaom 11111 g<1sm'5 =rmmpt4 51 S sgax Nac :n0G m�ma;S' p$d1 gEfu ATA A samc gg$ag e- Y:«Di y Sp mm mp sz mcm �a 3 m = a: B, sam3 s=dp s 'gpVP--;',1 .tgEmK = : sEm 3 y• m 9• 'w f^ 5ggg ;mg- g g s;mq 3^5w _uH s 3 '_g mSa g3 sunt IU,_.33,..<' 011 FRI" g. e3ms Sg ... h r m m m w 8 0 N b 8 § m h w $ 8 8 8 o 0 m N w s o 8 8 o s m w g 8 s s w m 2 s N u m w 5. 8 Si 8 h m s 0 mea€ mail x%% Aaron Concrete Contractors, LP raraaan --_ ab sem o h m w N k o w w P u 8 wN N s s w w q 18 u 8 N 8 N 8 w 8 N 8 8 w s N 8 w m w s N O m w s 8 senbam z Unit Price Cost JKB Conatndlon Company, LLC au sem z 8 u Y S 8 $ 8 m p - 8 u 0 1 o s p O X8 g u w O g 8 w 8 s 0 $ 8 o SS 8 A 8 u iij 8xxx C.C. Carlton Industries, Ltd. ..... raaaenm X H g = w s h N 8°so m s wN $ m s h N 8 8 N ms § 8 m N o w s 8 N m h 8 § s H N 8 N, .F s; �' w o 8 w g 8 c a€ m�€t 8xxx Keystone Construction, Inc. rmar.e x s m m 8 w w s 8 8 $ m 8 $ N N S 0 8 m 8 w J s u o S 8 N u o w m u o w'xxx 8 s ca mil Rockln 0 Construction, LLC *an x w g8 w 0 w w s 8 N N oxo 8 $ N N o o N h m § m w s N o 8 w 8 h 2,' 8 w 0 N n 8 w o w 8 w s w m 8 s mss ?x.x Smith Contracting Co., Inc. i rmewn x O m e 8 w N k u H 8 9 a Y N s 3 3 S3 a oma ii3 Ertl'p S :' E g S'.0 g�<6l `�a; o? ; I mm mY a s mr m,. SmA o mimgi71 Sm S !1ti .a o $m IIIN 3gai V m8 6 3 3 x m m o x 3 a - P 1: .7= sP c A 9� 9`rdo 6 n �+ vn P.! 3mm mm Ihi! of i ag a R$� 3 c� D .lm ._ s 6b ni S{mt Tm^ m 6l o a6 m5 gihi i$ Saayi m - 8 w F 1 A a 2 N l - - a'om oiisu mmf'rf6' S nN lag: 3 s m z Pm -. 8 - a o N _. N N - N N N 3 X11 (m� r D ( < �1 D N N T Q 5 D �m1 K T s $ 0 N si N H N N g 8 0 $ o 0 0 0 N N N Of N CO O gO 8 $ $ $ N u 0 0 0 N N N o $ $ N $ N 0 o 8 o N N N N O O $ o N 0 m0 i�9 9 n O % Aaron Concrete Contractors, LP sn flan x N r $ N 0 N N N N N N .. $ $ S o o N N N N N N $ 0 $ 0 8 0 N N O o o N N N ah 0 0 $ N u N N O $ o O N N N N O O o O N o b o Seedyae x Unit Pdoe Cost JKB ConstnUon Company, LLC rm.a , BM can N N N N N N N N N N N m b 0 0 0 8 0$ o$ o$ $ $ $ $ o $ $ $ $ o N co, N N it 8 8 $ o O o a s $ $ o $ N $ a $ ii' Q O x C.C. Carlton Industries, Ltd. rae« % flu s.n $ 0 ? 0 & N $ J O N o a $ 9 9 0 gg m S O1 0 0 0 $ o o $ o _ W $ $ $ $ o $ O § o 8 a $ $ $. $ $ N 4 o 0 0 0 8 $ 8 o 0 1.g % - K.y.tone Construction, Inc. mean, sa flora —_.- z N 9 a $ N N N N N N 8 U t a O $ $ o o b2 o ." o $ $ o 0 0 N N N 8 o 0 1 8 8y $ 8 0 N N N N o N a 0$$ o $ $ 8 O N S 2 2 p m' 6 x Rockin C Construction, LLC nan, x m« euaon $ 9 8 o O 8 8 8 $ 8 $ 0 8 8 8 o 8 $ 0 8 O 8 m N $ $ o a o o 8 $ kQd S'x 1 Smith Contracting Co., Inc. Ammo. x OW B. x Wg za n , e t ! | Total BASE Bid Amount (Base Bid Items 1 ttlm 44) Englnee,s Opinion of Probablo Construction Cost: 52,280,102.93 't:u k 8 \; iiiuil110 1 |!|,» 'gg 5 ! # f)! |�; �!a 8k/ $!! :! , - $ ; m T ; jiii P 8 | 0 8 -§, \ ■ ) \$| .. . Aaron Concreto Contractors, LP AMerom x su Bend x k \ k ( k ) \| . k lam.. JKB Construtlon Company, LLC wxwem x Bid Bend x I. k e | ■ § - ■ /g k k ■ ; . } ... C.C. Carton Industries, Ltd. reewawn x Ski Ow. x , 8 - ) , 8 - |. - ®. 8 - . 8 7| l ... ! 8 | \f / . B - § ■ 8 k - § k k - k k 8 - " 2 , 71) \ ° kl... § 8 41 k/ m § § § m k k t$�| ; k e - I 7 { 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 t 7.4 ofday of in the year 20 HT BETWEEN the Owner: and the Contractor The Project is described as: City of Round Rock, Texas (hereafter "Owner" or "City") 221 East Main Street Round Rock, Texas 78664 poi iif clear WG• (ons-rud A.:r'L eavl -Pec ("Contractor") ?• D • ('pox 31-12-1q5 PfV41n "TX 7R73`-1 Reuse Water Transmission Main -Phase 2 The Engineer is: Waeltz & Prete, Inc Antonio A. Prete, P.E. 3000 Joe DiMaggio Blvd. #72 Round Rock, Texas 78665 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 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 One Hundred and Fifty ( 150 ) 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 and Fifty ( 150 ) 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 and Eighty (180 ) 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 rne. h./M(10A el SeveA aA\ y)1IDO ($ I)55'4 OC7-'-i l7 ), 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: Not Applicable 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 October 2013 7.1.4 The Specifications are those contained in the Project Manual dated October 2013 7.1.5 The Drawings, if any, are those contained in the Project Manual dated October 2013 7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated October 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 October 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: "All Attachments" C Xu 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: Jeff Bell Project Manager 2008 Enterprise Dr. Round Rock, Texas 78664 8.3 Contractor's representative is: oriv t 1.1+3 TA 4.13 D ANA I N�S ?Aa4NY jii.t A s4aaeii;H- I tiN Ade AaI M. rr Si +C 30,.. -1 !" 3 u"C t•o . to* g 2.ii 7d 734 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 CITY OUND ROCK, TEXAS ,k) A Printed Name: -Man IWCTIA4A) Title ' V 1. o'iet)t- Date Signed: 2 . 2.5.(4-- ATTEST: ,. ATTEST: City lerk FOR I City Att CONTRACTOR .?r -tit CooL-Au r• r cod Protkz1G Jaime Printed Name: l,b('Mlos t L rvkrJe-r Title: 01- Qt k" -A Date Signed: 1— 29' 1`f Page 5 of 5 Bond No. 09067462 THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND § KNOW ALL BY THESE PRESENTS: —1Prota Construction, Inc. &of the Ci of Austin Prota, Inc. a .Dint, Ve�rt�re t3' ,, County of Travis , and State of Texas , as Principal, andofd44ary1andd Deposit 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 One Million Five Hundred Eighty -Four Thousand Seven and 40/100 -- Dollars ($1,584,007.40-- ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators. executors. successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the 2` 4s._ day of , 2014 to which the Agreement is hereby referred to and made a part hereof as fully and the same extent as if copied at length herein consisting of: Reuse Water Transmission Main - Phase 2 tame e°yPl iect) 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 sai.d 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 rernain 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 1 00610 7.2009 00090656 Perfortruince Bund PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the teen 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 3rd- day of -ve10 &CAA , 2014 Prota Construction, Inc. & Prota, Inc. a Joint Venture Principal C� r rte taint Printed Name By: Title: iY1cuV1gq Address: 48'ss Road Bldg 1 Austin TX 28734 Residen A _ : t of Surety / I! Signature Kimberly J. Smith Printed Name Insurica 19450 State Highway 249 #550 Street Address Houston TX 77070 City, State & Zip Code 00610 7.2019 00090656 Fidelity and Deposit Company of America Page 2 Surety Kimberly J. Smith, Printed Name By: Title: Attorney -In - Address: 12222 Merit Drivp #7D0 Dallas , TX 75251 Performance Bond PAYMENT BOND Bond No. 09067462 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF WILLIAMSON' That Prota Construction, Inc. &f the City of Austin Countyof Prota, Inc a J�;nr jlanrilr Travis - and State of Texas as Principal, andcoFfilipdelyit3orfandDepoasit Am authorized under the laws of the State of Texas to act as Surety on Bonds for Pnncipa. are held and firmly hound 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, m the penal sum of One Million Five Hundred Eighty–Four Thousand Seven and 40/100-- Dollars ($ 1,584,007.40-- 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 int a certain written Agreement with the Owner, dated the?►— day of ;�� , 014 , to which Agreement is hereby referred to and made a part hereof as fully and u e same extent as if copied at length herein consisting of: Reuse Water Transmission Main - Phase 2 {Naiff0jf thc':P,roleci) 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 tierce 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 he determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00520 7-2009 00090656 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 such change. extension of time, alteration or addition to the terms of the contract. or to the work to be perfbrmed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of h CJ C�.CL , 20 14. Prota Construction, Inc. & Prota, Inc. a Joint V4anturc Pr ncipai ( iy`liJ s .15 -4V1 -toe Printed Name By: C-..__---- I Title: !V1 , _ 'nA 'fac f it\ Address: 4 ss Road Bldg. 1 Austin TX 78714 Rcsidcn Agent of Surety: Signature Kimberly J. ith Printed Name Insurica 19450 State Highway 249 Street Address Houston TX 77070 00620 "-2009 000906>c Fidelity and Deposit Company of America Surety Kimberly J. Printed Smith Page 2 Dallas TX 75251 ?a\' ne-ii Boni A� o CERTIFICATE OF LIABILITY INSURANCE 2DATE /29/2014 ) 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 INSURICA 3721 Executive Center Dr # 200 Austin TX 78731 CONTACT NAME: Lesa May, CIC FAX INC.No Exn: (800) 331-8959 INC. No); (866) 652-9367 E-MAIL ADDRESS: lmay@INSURICA.COM INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Transportation Insurance 20494 INSURED Prota, Inc. P. 0. Box 342195 Austin TX 78734 INSURERB:St. Paul Fire & Marine Ins. Co. 24767 INSURER C : 4/28/2014 INSURER D: $ 1,000,000 INSURER E : $ 100,000 INSURERF: ATE NUMBER:13/14 Master • 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 WTH 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 LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF IMM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 5091756112 4/28/2013 4/28/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: nPOLICY n PF- n LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO ALLOWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS,- 5091756143 4/28/2013 4/28/2014 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 $ BODILY INJURY (Per person) BODILY (Per ( ) $ PROPERTY DAMAGE (Per accident) $ B X UMBRELLA LIAB EXCESSLIAB X OCCUR CLAIMS -MADE ZUP15N7599313NF 4/28/2013 4/28/2014 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ A WORKERS COMPENSATION._,WC AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below y 1 N N /A 5093357438 4/28/2013 4/28/2014 STATU- TORY UMITS OTH- ER E.L. EACH ACCIDENT $ 1 , 000 , OOO E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) Project: Reuse Water Transmission Main Phase 2 COMPLETE CERTIFICATE HOLDER TO READ: The City of Round Rock - The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status for On -Going & Completed Operations to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The City of Round Rock 221 East Main Street Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Devin Stewart/LMAY � >Crff t41 -44_,,,f 4 ,Y ,7' i ;r =,r INS025 onfnst ©1988-2010 ACORD CORPORATION. All rights reserved. Tho A(`(1Rrl name. anti Irwin arc rcnicfcrorf marIrc of A(:(11R11