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R-2014-1202 - 3/13/2014RESOLUTION NO. R-2014-1202 WHEREAS, the City of Round Rock has duly advertised for bids for the Oxford Boulevard Culvert Replacement Project; and WHEREAS, Westar Construction has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of Westar Construction, 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 Westar Construction for the Oxford Boulevard Culvert Replacement 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 13th day of March, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1404; 00293560 THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities & Environmental Services BY : 2008 Enterprise Drive DATE : , • f Round Rock, Texas 78664 BID TABULATION SHEET: 1 of 4 Westar Construction Smith Contracting Co Austin Filter Systems Statement of Safety? Yes Statement of Safety? Yes Statement of Safety? Yes Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes COST I 0 0 0 o O _ 69 $2,744.00 C. 0 0 \O c+1 .--, 6968 0 0 o \O vO 69 o 0 vi t- O N 0 0 o N N 0 0 0 O 10 69 0 0 0 �t V 69 0 0 0 O �t O_ 69 0 0 o N t - Oi 69 0 0 'r N ,-• O_ 69 0 0 vi r N O_ 64 0 0 Vi 0 1O O\ 69 0 0 v; k/1 'ct N _ 69 UNIT PRICE 0 O O 00 .--i 69 0 O ^-, 69 0 O N 69 0 O M 69 0 O v'1 69 $4.00 I 0 O O LOMIN 69 I $160.00 I 0 O O 0 68 O O O N 69 0 O V1 ,^ 69 0 O V1 44 0 O kr; 69 0 O M 0 00 69 COST 0 O 0 O 0 O M 69 0 O o0 oo h 69 O O 0 \O c+l - 69 0 O 0 O 69 0 O 0 \D VO 69 0 O 0 N t- 69 100'000`85 0 O 0 O 00 Vi‘ (A CO O O O LA LO V? 0 0 0 .O 00 r _ 69 0 0 V'1 N M LO 69 0 O O O, v1 O; 69 0 O 0 ‘,O V1 '.D 69 0 0 0 N 0 _ 69 UNIT PRICE 0 O O 00 O M 69 0 O N 69 0 O N 69 0 O V'1 69 0 O O N 0 o 4 69 0 o O 0 N 69 00'00Z$ 0 O u> -. 69 $385.00 O O v1 00 $70.00 O O O 69 O O O VI 69 COST O O O O— O Oi — 64 0 O '.0 ,--- d' 69 0 O O v1 00N 69 0 O O N 'cf cel 69 0 O 4 CeL , --- 69 0 O O 1- M 69 0 O O 0 7 00 FA 0 O O ON 0 p 69 0 O O 0 Vl '.0 69 0 O O 0 N N 69 0 O V'i N in 69 0 O " b c--,1 O ,-. 69 0 O O 0 n O N 69 O O N O-, 00 N 69 UNIT PRICE 0 O O O 0 O� 64 O v7 69 V1 Cl 69 O O •-+ 69 0 O 00 69 $18.00 0 O 0 _ N 69 O O 0> _ N 69 O O N _ 69 0 O tin N 69 $75.00 0 0 vi N 69 O 0 O 0 ,--- 69 0 0 V7 00 v1 69 UNIT LS SF (4 LF SY (4 TON TON 0 CY 0 LF CIO AD APPROX. QTY. .. 2744 680 220 M 00 180 40 O\ N 52 VD M V r --- 137 207 135 ITEM DESCRIPTION Preparing Right -of -Way Remove P.C. Slab Remove P.C. Sidewalk Removing Concrete Curb & Gutter Restoration and re -vegetation J Removing 2" Asphaltic Paving I HMAC, 2", Type D I HMAC, Type D, Level -Up I Cement Stabilized Backfill Riprap (Conc)(5") I Dry Rock Riprap Culvert Handrail (Ty B) Gabion Mattresses (PVC)(12") Concrete Box Culvert It It W ,-4 N M V1 t� 00 Q1 O _ -. ._, cl cn SHEET: 2 of 4 Westar Construction Smith Contracting Co Austin Filter Systems Statement of Safety? Yes Statement of Safety? Yes Statement of Safety? Yes Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes F (fp 0 U o o 0 0 s.0 10 69 [ $1,944.00) 00000000000000 0 o v1 V0. ..-, 69 0 0 0 O 4t EA N69 0 0 0 O N 0 0 0 O M 69 0 0 0 O ci 69 0 0 kr) 6A 0 0 0 ,) 00 6A 0 0 0 M 10 69 0 o 0 00 69 0 0 0 _ N 6A 0 o 0 00 N 6A 0 o- t� O N 69 0 1D N N. E9 0 o 0 N 69 000 0 o 0 " vi 69 0 0 0 V M N 6.9 0 vi) V M 69 $344,270.00 W Z C! �^I=M Ili O 00000 O O bq O N %D 69 0 0 -- ---- EA O 0 O O N" •N-^ 69 O 0 O O - 69 [ 00.0;$ O O o O O O O t` M 69 O O 00 ,.O 69 0 O O t� 69 O O 0 O 00 6A O 0 0 00 - 69 O 0 0 O 7 —. 6A O O 0 O O,‘.0 9 $17.00 O 0 o O 9 O 0 O O inN 6 O 0 O 69 O 0 N 69 F (A 0 0 O O O 0 t� 69 0 O o v0 O1 69 0 0 0 V1 M ,--. 6A 0 O o O O 10 .--- 69 0 0 0 kr) ,.O 0 r-- 69 0 0 0 O t- N 69 0 0 0 O O 00 6A 0 O O O t- N 69 0 O o Vl t- 45 6A 0 0 O O M 10 6A 0 0 o okr) O .-, 69 0 O 0 v1 00 69 0 0 0 O kr) M 69 0 O 0 M 6A 0 O 0 VD VD N 6A 0 O o O 0 O - 69 0 0 O 0 0 4 69 0 O O 0 .--4 00 6A $178.00 0 0 ,--i Q\ N 00 0 M 6A F W ZC. ^W7 a• O 0 o co v') 69 0 0 o (I3 0 0 O 0 1 69 0 0 0 co,7 0 69 I $10,650.00 0 0 69 0 0 o co00 0 69 $18.00 0 0 v 69 $70.00 0 0 0 0 O 6A O 0 0 01 69 O 0 0 0 00 69 O 0 0 0 .--. 69 O O 0 N 69 00'000`;$ O O o 0 0 EA 0 0 o 0, 69 O 0 — 6A UNIT PRICE COST 0 O O O O O. .-� 6A 0 O O O 00 .r 69 $2,625.00 0 O O O 0 1�0 .•• 6A 0 O O O N N 69 0 O O O 00 .r 6A 0 O O 0 0 10 69 0 O O v) 0 d 69 0 v'i N .O 6A 0 O O v) t� 1O 6A 0 O O 0 ,r) .r 69 0 O O V1 00 69 0 O o 0 M rY 69 0 O 0 0 N 69 0 O 0 ,.O N 69 0 O 0 0 0 .�-i 69 0 O 0 0 v) t� 64 0 O 0 kr) 01 d- 61 0 O 10 N •--• 69 0 tel 00 t -- 0 ,- 01 el O o O O v) vi v) O 0 O v1 ^-. 69 O 0 v1 (� •--- 69 O 0 O O 0 00 64 O 0 O O N N EA O 0 O M 6A O 0 O O 0 V 69 $27.00 O 4 69 O O V•1 r- 6A O 0 0 O kr) 69 O 0 0 01 69 O 0 0 v) •--- N• 6A O 0 0 O 0 6A O 0 0 N 69 O 0 0 O v^ oo 6A O O O O v) r --- 69 O O vi kr) 69 O O N 69 APPROX. ITEM # ITEM DESCRIPTION QTY. UNIT W it LF EA LS l 1 LS ,- C C/) W EA LF EA TON )l EA EA LF LF N N ,. kin •--. N •--�O� •--- VI •--- kr) N •--- 0 01 --.01C1010—,N M en M •--. 0 0\ 178 46 S 1 U [Reinforced Concrete Pipe (18 IN) Reinforced Concrete Pipe (24 IN) Wingwall (PW) Mobilization Rock Berm Traffic Control Concrete Curb and Gutter Concrete Sidewalks (4") A.C. Water Pipe Removal WW Manhole Removal and Disposal 1C-100, Ductile Iron Pipe (8") [8"Gate Valve [Ductile Iron Fittings 110" Wastewater Pipe Removal [Standard MH (cast -in-place base) 'Standard MH (Precast base) 10" WW Pipe [Trench Protection TOTAL BASE BID: kr, •--- \O •--' t- .-- 00 •--- 01 •--- 0 N •--. N N N M N •ci CA 41 N 10 fV N. Cl 00 N 01 N 0 r1 •--- M N M M M CONTRACT : Oxford Boulevard Culvert Replacement Bid Tabulation (Continued) SHEET: 3 of 4 Aaron Concrete Statement of Safety? Yes Addendum(s)? Yes Bid Bond? Yes ° COST O O O 0 O .1-'O 6A O O aO s ON .--i 69 O O O N s N 69 O O O— 0 N N 69 O O 00 v 6A $4,140.00 O O O O N 6A 0 0 O --4 ten vi 69 0 O O VO c tO 69 0 0 O 00 n- 6A 0 0 O O r 69 0 O O N N 00 69 0 O o ^ N 00 .--- 69 O 0 O 0 O O' 00 •-, 69 UNIT PRICE 0 O O O 0 69 0 O 4 6A $4.00 $10.00 00'L$ 0 O M N 69 0 O O Os 69 0 O O ON 69 0 O D m 69 $430.00 0 O 4 ON 69 0 O O 1O 00 0 0 00 00 69 0 0 O 0 69 Chasco Constructors BPI Statement of Safety? Yes Addendum(s)? Yes Bid Bond? Yes .. • COST O O O O O m" v) 69 0 O 00 00 4 vi 69 O O O aD M 69 O O O 0 --- 6A O 0 v) r) (- c*i 69 O O O O ON 6A O O O O N 00 69 O O vl ON vi 69 O O 0 V M tri EA O O 0 0 4" •4 6A $7,875.00 O 0 0 N N 00 69 O 0 .O b 0 .-. 69 O 0 vi (- 00 r ON 6A UNIT PRICE O O 0 O 0 c+1 v) 69 O O (-,i 69 0 O (Ni 69 0 O v) 6A 0 O v) er 69 0 O kr; 6A 0 O Lel 0 N 6A 0 O v) 0 N 69 0 O vi ON N 69 0 O O 0 d' 6A 0 O vl 0 .-. 69 0 O O 10 6A $68.00 0 O vi N N 69 Statement of Safety? Yes Addendum(s)? Yes Bid Bond? Yes COST O O O O 0 v) 69 -O O a (' ON O 6A $884.00 0 O O s 00. --, 69 0 O 00 ON 69 O O O 69 $9,200.00 0 O 0 N N v) 69 0 O 0 0 o0 O N 6A 0 O 0 0 M. 'ct 69 0 O 0 v) N aO 69 0 O 0 S 0 v) 69 0 O 0 0 N O N 69 0 O 0 0 V) ON 69 UNIT 1 PRICE O O O O 0 4 6A O Om 6A 0 --4 69 0 v) 00 6A 0 O aO 6A 0 v) N 69 0 O 0 M N 69 0 O 0 00 •--- 69 0 O 0 0 69 0 O 0 0 ct 69 0 O 0 ON 69 $110.00 0 O O 0 — 69 0 O O 0 N 69 Patin Construction Statement of Safety? Yes Addendum(s)? Yes Bid Bond? Yes COST 00'000`05$ $8,232.00 0 O 0 0b00 N 69 0 O 0 6A 0 O 0 - 69 0 O 0 00. •- 6A 0 O 0 O\ 69 0 O cl 'r a 6A 0 O 0 0No 00 N 69 0 O 0 N 69 0 O i cn or: 69 0 O ' b ..- — 69 0 O v) at N N 69 0 O 0 N 00 N .--- 69 UNIT PRICE 00.000`05$ 0 M 69 $3.00 $3.00 OOOOOOOO 0 N $10.00 vi N 6A kri N 6A O •--- 6A O ON 6A v) - 69 v1 co $135.00 0 ON 69 ITEM DESCRIPTION Preparing Right -of -Way Remove P.C. Slab Remove P.C. Sidewalk Removing Concrete Curb & Gutter Restoration and re -vegetation [Removing 2" Asphaltic Paving I HMAC, 2", Type D (HMAC, Type D, Level -Up [Cement Stabilized Backfill Riprap (Conc)(5") Dry Rock Riprap Culvert Handrail (Ty B) Gabion Mattresses (PVC)(12") Concrete Box Culvert It - •--' N M 10 C- 00 O1 .-. .-• .-+ SHEET: 4 of 4 Aaron Concrete Statement of Safety? Yes Addendum(s)? Yes Bid Bond? Yes UNIT PRICE COST o 0 0 o 00 vi 6A o 0 0 '.o .r -•N EA o 0 0 o 69 o 0 0 0 'O -• kr) 69 00.000`05$ O 0 0 0 - N 69 o 0 0 0 O 6A o 0 0 V ri 6A 0 0 0 0 O O, 6A 0 0 0 0 M d- N to 0 0 0 0 -• - H9 0 0 'n r- O, ON 6A o 0 o 0 'O N 69 o 0 o 0o N N 6A o 0 o \O %. 6A 0 0 o 0 O -• •-. 69 $4,600.00 o 0 0 0 ON a, 69 0 0 ',o -- O', M 6A $499,984.00 0 O 0 O O� 6N9 0 O 0 M_ 69 0 O 0 k.0 69 0 O 0 O 00 N 69 0 O 0 O O 6A 0 O 0 'ct 6A 0 O 0 0 O 0 O M NN 6A 0 O N 6A 0 O O t--- N 6A 0 O O O_ ^; 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 --''tt Ownerrr��and Contractor� AGREEMENT made as of the4Welt'iy"� c414 ( d� �ay of / in the year 20 (I¢ . BETWEEN the Owner: City of Round Rock, Texas (hereafter "Owner" or "City") 221 East Main Street Round Rock, Texas 78664 and the Contractor Westar Construction, Inc. ("Contractor") The Project is described as: Oxford Blvd. Culvert Replacement The Engineer is: Halff Associates, Inc. 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 00196575 Page 1 of 5 Standard Form of Agreement 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 five ( 5 ) 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 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 sixty ( 60 ) 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 seventy-five ( 75 ) 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 Two Hundred and Ninety One Thousand, Seventy Eight Dollars and Fifty cent s ($ 291,078.50 ), 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 $ 291,078.50 Page 2 of 5 1 1 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 Cohtract 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 1 1 1 1 1 1 1 r ■ 1 r r r 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 February 2014 7.1.4 The Specifications are those contained in the Project Manual dated February 2014 7.1.5 The Drawings, if any, are those contained in the Project Manual dated February 2014 7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated February 2014 7.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, if any, are those contained in the Project Manual dated February 2014 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/n 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: 8.3 Contractor's representative is: Lance Shellenberger City of Round Rock Project Manager Office:512-218-6609 Cell: 512-801-0668 lshellenberger(a)roundrocktexas.gov mmd k Lir") (lr`+►..iNN CI\ ��lk-3 Zt 3 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 CIT ROUND OCK, TEXAS Printed Name: rA /�r \ 1 t►� ► (,'�ve(1A) Title l' �/ lildY" Date Signed: ' SO .1 11 -- ATTEST: ATTEST: 92A41/f bteVW City Clerk VED AS TO FORM: CONTRACTO Printed Name Title: Peicittti Date Signed: / A>- Y Page 5 of 5 e2201- 86 4(f S.CoectOM ■ • • • • 1 • ■ ■ • Bond No. 70105158 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That Westar Construction, Inc. of the City of Georgetown , County of Williamson , and State of Texas , as Principal, and The Guarantee Company of North Americ authorized under the law of the State of Texas to act as surety on bonds for principals, are held USA and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Two Hundred Ninety One Thousand Seventy Eight & 50/100's Dollars ($ 291,078.50 ) 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 into a certain written Agreement with the Owner dated the Om 2rit- day of March , 2014 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: Oxford Blvd. Culvert Replacement (Name 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 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 14th day of March , 20 14 . Westar Construction, Inc. Printed Name By: T it - b Address: 4500 Williams Dr., Ste. 212-PMB 411 Georgetown, TX 78633 Resident Arent of Surety: Signature John W. Schuler Printed Name 1405 E. Riverside Drive Street Address Austin, TX 78741 City, State & Zip Code Page 2 00610 7-2009 00090656 The Guarantee Company of North America USA Surety Printed Name By:(-,...kwA4ji Title: J n . Schuler, Attorney -in -Fact Address: 4144 N. Central Expressway, Ste. 705 Dallas, TX 75204 Performance Bond Bond No. 70105158 PAYMENT BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That Westar Construction, Inc. , of the City of Georgetown , County of Williamson , and State of Texas as Principal, and The Guarantee Company of North authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held America USP 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 Two Hundred Ninety One Thousand Seventy Eight & 50/100's Dollars ($ 291,078.50 ) 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, the Principal has entered into a certain written Agreement with the Owner, dated the 151* 2�j-- day of March , 2014 , 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: Oxford Blvd. Culvert Replacement (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 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 00620 7-2009 Payment Bond 00090656 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 14th day of March , 2014 Westar Construction, Inc. PIincipai 1 Printed Name By:_ Title: Acids: 4500 Williams Dr., Ste. 212-PMB 411 Georgetown, TX 78633 Resident Agent of Surety: Signature John W. Schuler Printed Name 1405 E. Riverside Drive, Austin, TX 78741 Street Address Austin, TX 78741 Page 2 00620 7-2009 00090656 The Guarantee Company of North America USA Surety Printed Name By: Title: John W. Schuler. Attorney -in -Fact Address: 4144 N. Central Expressway, Ste. 705 Dallas, TX 7504 Payment Bond CERTIFICATE OF LIABILITY INSURANCE PRODUCER: Tome Insurance Agency Inc. 1405 E. Riverside Dr. Austin, Texas 78741 Phone: 512-447-7772 E-mail: 512.440-0989 INSURED: Westar Consfucbon, Inc. 4500 Williams Dr.. 1212-411 Gaon:etown. Texas 78633 Phone: 512-630-5930 E-mail: Date: 3-20-2014 TDI number requited. Please refer to the Texas Dept of Insurance website: IKfe:/ www.tdLstate.hius/ THIS 13 TO CERTIFY THAT the Insured named above Is insured by the Companies listed above with respect to the business operations hereMaftsr described, for the types of insurance and In accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO LTR TYPE OF POUCY INSURANCE NUMBER A GENERAL LIABILITY EFFECTIVE DATE EXPIRATION DATE LIMITS 5093879258 8-24-13 8-24-14 GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one bre) $ MED. EXPENSE (Any one person) $ A AUTOMOBILE UABIUTY 5093879261 8-24-13 2.000,000 2,000,000 1,000.000 1,000,000 100,000 5,000 8-24-14 COMBINED SINGLE LIMB $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ C EXCESS UABILITY 5093879244 8-24-13 1,000,000 8-24-14 EACH OCCURRENCE AGGREGATE B WORKERS' COMPENSATION 5093879275 8-24-13 AND EMPLOYERS' LIABILITY 8-24-14 PROFESSIONAL LIABILITY BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE $ 1,000,000 $ 1.000,000 $ $ 1,000,000 $ 1,000,000 $ 1,000.000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Uabil ty'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holler named below. CERTIFICATE HOLDER: 00650 10-2010 00205796 City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78864 SIGNATURE OFA NT LASED 1N ST TE OF TEXAS K.J Typed Name John Schuler License ID: 1206 Page 1 Certificate of Liability Insurance COMPANIES AFFORDING COVERAGE TDI A Continental Insurance Company 35289 B National Fire Insurance Company of Hartford 20478 C Continental Casualty Company 20443 0 THIS 13 TO CERTIFY THAT the Insured named above Is insured by the Companies listed above with respect to the business operations hereMaftsr described, for the types of insurance and In accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO LTR TYPE OF POUCY INSURANCE NUMBER A GENERAL LIABILITY EFFECTIVE DATE EXPIRATION DATE LIMITS 5093879258 8-24-13 8-24-14 GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one bre) $ MED. EXPENSE (Any one person) $ A AUTOMOBILE UABIUTY 5093879261 8-24-13 2.000,000 2,000,000 1,000.000 1,000,000 100,000 5,000 8-24-14 COMBINED SINGLE LIMB $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ C EXCESS UABILITY 5093879244 8-24-13 1,000,000 8-24-14 EACH OCCURRENCE AGGREGATE B WORKERS' COMPENSATION 5093879275 8-24-13 AND EMPLOYERS' LIABILITY 8-24-14 PROFESSIONAL LIABILITY BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE STATUTORY LIMITS EACH ACCIDENT DISEASE - POLICY LIMIT DISEASE - EACH EMPLOYEE $ 1,000,000 $ 1.000,000 $ $ 1,000,000 $ 1,000,000 $ 1,000.000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Uabil ty'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice to the certificate holler named below. CERTIFICATE HOLDER: 00650 10-2010 00205796 City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78864 SIGNATURE OFA NT LASED 1N ST TE OF TEXAS K.J Typed Name John Schuler License ID: 1206 Page 1 Certificate of Liability Insurance