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Contract - Prota, Inc. - 8/9/2018 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 the )day of in the year 20*. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Prota,Inc. ("Contractor") P.O.Box 342195 Austin,TX 78734 The Project is described as: Water Treatment Plant Phases 3 &4-Filter Rehabilitation The Engineer is: City of Round Rock 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 4-2016 Page 1 of 5 Standard Form of Agreement 00307791 1224S24i(0 .9409L1 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 ( 10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than N/A ( N/A )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than one hundred sixty-five ( 165 )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 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 Nine hundred seventy four thousand four hundred and ninety six dollars ($974,496.00 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X . Yes .If yes,please provide details below: N/A N/A 00500 4-2016 Page 2 of 5 Standard Form of Agreement � '� / 00307791 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 fmal 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. 00500 4-2016 Page 3 of 5 Standard Form of Agreement 00307791 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 May 2018 7.1.4 The Specifications are those contained in the Project Manual dated May 2018 7.1.5 The Drawings, if any,are those contained in the Project Manual dated May 2018 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated May 2018 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda, if any,are those contained in the Project Manual dated May 2018 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000,"Federally Required Contract Clauses,as modified. 7.1.9 Other documents,if any, forming part of the Contract Documents are as follows: N/A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Jeff Bell, Senior Project Manager City of Round Rock Phone: (512)218-7076,Fax: (512)218-5536 jbell@roundrocktexas.gov 8.3 Contractor's representative is: 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 00500 4-2016 Page 4 of 5 Standard Form of Agreement 00307791 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly, and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least three(3) original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the Contract, and the remainder to Owner. OWNER CONTRACTOR Prota'Inc. CITY OF 'OUND R CK,TEXAS -oramaA• -fa Ati alp PP.elle Bor Printed Nam-: A �`j VI Printed N. e: AAAll az EO Title V r—' Title: Date Signed: 16-�•10 Date Signed: 08—��—1 ATTEST: QI ! S*2414,-. City Clerk FOR • T ;APPROVED AS ' 0 FORM: 4 1 -« N i City o ";y 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 Bond No.PRF09067496 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Prota, Inc. of the City of Austin , County of Travis , and State of Texas , as Principal, and Fidelity Maryyand Deposit Company and 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 Nine Hundred Seventy-Four Thousand Four Hundred Ninety-Six and no/100--- Dollars ($ 974,496.00--- ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the day of Cl -eJjZ---- , 20 l8to 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: Water Treatment Plant Phases 3 & 4 -Filter Rehabilitation (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. Page 1 00610 7-2009 Performance Bond 00090656 a 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 day of , 2018 . Prota, Inc. Fidelity and Deposit Company of Maryland Principal Surety Michelle:'Borg Kimberly J. Smith yrirted-,/,•- Printed Name .moi ' ,:iy: lif By: /---',1,,,,i,„/Aii.„..t_ Title:/ C£ Title: Attorney-In-Fact Addrss: P.O. Box 342195 Address: 1001 Sumi ' Blvd. #1700 Austin TX 78734 Atlanta, GA 30319 Resid nt Agent of Surety: /c1f //dA4E Signature Insurica, Kim/ ly J. Smith Printed Name 19450 State Highway 249 Ste. 550 Street Address Houston TX 77070 City, State &Zip Code Page 2 00610 7-2009 Performance Bond 00090656 PAYMENT BOND Bond No. PRF09067496 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Prota, Inc. , of the City of • Austin , County of Travis , and State of Texas as Principal, and Fidelity and Deposit authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are ,Maryland 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 Nine Hundred Seventy-Four Thousand Four Hundred Ninety-Six and no/100-- Dollars ($ 974,496.00-- ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents: WHEREAS, the rincipal has entered into a c rtain written Agreement with the Owner, dated the dayof 20 18 to which Agreement is g hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Water Treatment Plant Phases 3 & 4 - Filter Rehabilitation (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 day of , 2018 . Prota, Inc. Fidelity and Deposit Company of Maryland Principal -1 Surety Michell;/Borg Kimberly J. Smith .l? e• A�is- _ Printed Name BY: By: �.iG . /'�-�-- Title: e-6O Title: Attorney-In-Fact Addr s: P.O. Box 342195 Address: 1001 Sumr Blvd#1700 Austin TX 78734 Atlanta, GA 30319 Resident/Agent of Surety: 16:11 jAt-/G711: 7 Signature Insurica, Kimberl J. Smith Printed Name 19450 State Highway 249 Ste. 550 Street Address Houston TX 77070 Page 2 00620 7-2009 Payment Bond 00090656 EXTRACT FROM BY-LAWS OF THE COMPANIES "Article V,Section 8,Attorneys-in-Fact. The Chief Executive Officer,the President,or any Executive Vice President or Vice President may, by written instrument under the attested corporate seal, appoint attorneys-in-fact with authority to execute bonds, policies, recognizances, stipulations, undertakings, or other like instruments on behalf of the Company, and may authorize any officer or any such attorney-in-fact to affix the corporate seal thereto;and may with or without cause modify of revoke any such appointment or authority at any time." CERTIFICATE I, the undersigned, Vice President of the ZURICH AMERICAN INSURANCE COMPANY, the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate;and I do further certify that Article V, Section 8,of the By-Laws of the Companies is still in force. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the ZURICH AMERICAN INSURANCE COMPANY at a meeting duly called and held on the 15th day of December 1998. RESOLVED: "That the signature of the President or a Vice President and the attesting signature of a Secretary or an Assistant Secretary and the Seal of the Company may be affixed by facsimile on any Power of Attorney...Any such Power or any certificate thereof bearing such facsimile signature and seal shall be valid and binding on the Company." This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at a meeting duly called and held on the 5th day of May, 1994, and the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seals of the said Companies, this day of ,2018 'rQ D£Pps •�.•`�ppllhlSV •yam R : (() I lowAZ Gerald F. Haley,Vice President TO REPORT A CLAIM WITH REGARD TO A SURETY BOND,PLEASE SUBMIT ALL REQUIRED INFORMATION TO: Zurich American Insurance Co. Attn: Surety Claims 1299 Zurich Way Schaumburg, IL 60196-1056 _ . , . . F6 D . Fidelity and Deposit Companies Home Office: 1400 American Lane Schaumburg,IL 60196 ,, /J4 IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-654-5155 You may contact the Texas Department of Insurance to obtain information on companies, coverages,rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin,TX 78714-9104 FAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved,you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. S8543f(TX)(08/01) �--.41 PROTINC-02 LMAY '4 , Ro CERTIFICATE OF LIABILITY INSURANCE DATE(MM/2018Y) 09/21/ 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 have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Lesa May,CIC INSURICA TX Insurance Services,Inc. PHONE 512 381-8366 FAx 866 652-9367 9600 Great Hills Trail Dr.Suite 225W (A/c,No,Ext):( ) (A/c,No):( ) Austin,TX 78759 E-MAIL DRESS:Lesa.May@INSURICA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Monroe Guaranty Insurance Company 32506 INSURED INSURER B:National Trust Insurance Company 20141 Prota,Inc. INSURER c:FCCI Insurance Company 10178 P.O.Box 342195 INSURER D: Austin,TX 78734 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WV() (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CPP0022398-03 04/28/2018 04/28/2019 DAMAGES(RENTED 100,000 PREMISES(Ea occurrence) $ • MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X JE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $J A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ _ X ANY AUTO CA100010564-02 04/28/2018 04/28/2019 BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOSp X AUTOS ONLY X AUUTOS ONLY PROPERTY accidentDAMAGE $ $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE UMB100023137-01 04/28/2018 04/28/2019 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER Y/N WC00003809-03 04/28/2018 04/28/2019 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Water Treatment Plant Phases 3&4 Filter Rehabilitation COMPLETE CERTIFICATE HOLDER TO READ: City of Round Rock,Texas -The General Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status for On-Going&Completed Operations with Primary and Noncontributory wording to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Round Rock,Texas THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 221 East Main Street Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE N, ,Yeact- ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities & Environmental Services 2008 Enterprise Drive BY: JLR Round Rock, Texas 78664 DATE: 7/12/2018 BID TABULATION SHEET: 1 of CONTRACT :Water Treatment Plant Phases 3&4- Filter Rehab Prota Archer Western Austin Engineering Blackcastle ..... .............. LOCATION : 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes DATE: 7/12/2018 Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Bid Bond? Yes Bid Bond? Yes Bid Bond.? Yes Bid Bond? Yes APPROX. UNIT UNIT UNIT UNIT ITEM ITEM DESCRIPTION QTY. UNIT I PRICE COST PRICE COST PRICE COST PRICE COST 1 Mobilization(Not to exceed 5%) 1 LS $45,000.00 $45,000.00 $30,000.00 $30,000.00 $45,000.00 $45,000.00 ######### $50,300.00 2 Remove existing filter media inc.lisp 8 EA $10,915.00 $87,320.00 $6,000.00 $48,000.00 $9,000.00 $72,000.00 $8,400.00 $67,200.00 3 Filter media for filters No. 1-8 11664 CF $23.25 $271,188.00 $34.60 $403,574.40 $22.00 $256,608,00 $22.50 $262,440.00 4 Filter media(to be turned over) 108 CF $19.00 $2,052.00 $20.00 $2,160.00 $19,50 $2,106.00 $7.00 $756.00 5 For ea.Filter,Remove top 2-in media 8 EA $347.00 $2,776.00 $600.00 $4,800.00 $2,000.00 $16,000.00 $855.00 $6,840.00 6 Filter underdrain inspection per spec. 8 EA $1,567.00 $12,536.00 $1,500.00 $12,000.00 $1,700.00 $13,600.00 $1,533.00 $12,264.00 7 Filter underdrain-I.M.S.caps 32 EA $263.00 $8,416.00 $250.00 $8,000.00 $1,000.00 $32,000.00 $93.00 $2,976.00 8 Filter underdrain-Sealant 400 LF $5.00 $2,000.00 $7.00 $2,800.00 $9.00 $3,600.00 $12.00 $4,800.00 9 Filter underdrain-316 Stainless 920 EA $2.00 $1,840.00 $3.00 $2,760.00 $5.00 $4,600.00 $7.00 $6,440.00 10 Butterfly valve(Influent) 8 EA $13,400.00 $107,200.00 $14,000.00 $112,000.00 $15,500.00 $124,000.00 ######### $155,200.00 11 Butterfly valve(Waste) 8 EA $13,379.00 $107,032.00 $13,000.00 $104,000.00 $15,500.00 $124,000.00 ######### $150,400.00 12 Butterfly valve(Effluent) 8 EA $13,074.00 $104,592.00 $13,000.00 $104,000.00 $15,000.00 $120,000.00 ######### $113,600.00 13 Butterfly valve(Backwash) 8 EA $15,030.00 $120,240.00 $13,000.00 $104,000.00 $16,400.00 $131,200.00 ######### $143,200.00 14 1 Butterfly valve(Airscour) 8 EA $12,788.00 $102,304.00 13000 $104,000.00 14000 $112,000.00 13400 $107,200.00 TOTAL: $974,496.00 $1,042,094.40 $1,056,714.00 $1,0831616.00 44 1� • •risiiN•i�ts•i, THE +CITY OF ROUND ROCK GF11t1ST BIDS EXTENDED AND CHECKED •ii••i•i•i• iiii••iNii,iisii•� .. Utilities & Environmental Services /'`+ s� ( 8�i ;� ,v 2008 Enterprise Drive 1���'a*• BY: JLR Round Rock, Texas 78664 ~`'"'• � DATE: 7/12/2018 ON TABULATION SHEET: 2 of CONTRACT : Water Treatment Plant Phases 3&4- Filter Rehab Matous Construction Primespec Construction CRU LOCATION : 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes DATE: 7/12/2018 Addendum(s)? NIA Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes APPROX. UNIT UNIT UNIT UNIT ITEM ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 1 IMobilization(Not to exceed 5%) 1 LS $50,000.00 $50,000.00 $45,000.00 $45,000.00 $65,127.20 $65,127.20 $0.00 2 Remove existing filter media inc.disp 8 EA $15,000.00 $120,000.00 $20,800.00 $166,400.00 $2,835.40 $22,683.20 $0.00 3 Filter media for filters No. 1-8 11664 CF $25.00 $291,600.00 $24.50 $285,768.00 $18.00 $209,952.00 $0.00 4 Filter media(to be turned over) 108 CF $25.00 $2,700.00 $10.00 $1,080.00 $34.00 $3,672.00 $0.00 5 For ea.Filter,Remove top 2-in media 8 EA $1,000.00 $8,000.00 $1,800.00 $14,400.00 $2,661.90 $21,295.20 $0.00 6 Filter underdrain inspection per spec. 8 EA $1,500.00 $12,000.00 $1,925.00 $15,400.00 $2,055.00 $16,440.00 $0.00 7 Filter underdrain-I.M.S.caps 32 EA $375.00 $12,000.00 $290.00 $9,280.00 $1,642.20 $52,550.40 $0.00 8 Filter underdrain-Sealant 400 LF $3.00 $1,200.00 $1.50 $600.00 $62.30 $24,920.00 $0.00 9 Filter underdrain-316 Stainless 920 EA $2.00 $1,840.00 $2.30 $2,116.00 $11.10 $10,212.00 $0.00 10 Butterfly valve(Influent) 8 EA $19,000.00 $152,000.00 $16,600.00 $132,800.00 $25,167.60 $201,340.80 $0.00 11 Butterfly valve(Waste) 8 EA $18,000.00 $144,000.00 $16,700.00 $133,600.00 $28,923.70 $231,389.60 $0.00 12 Butterfly valve(Effluent) 8 EA $16,000.00 $128,000.00 $14,800.00 $118,400.00 $18,692.50 $149,540.00 $0.00 13 Butterfly valve(Backwash) 8 EA $19,000.00 $152,000.00 $17,200.00 $137,600.00 $25,313.00 $202,504.00 $0.00 14 Butterfly valve(Airscour) 8 EA $12,000.00 $96,000.00 $14,200.00 $113,600.00 $15,844.10 $126,752.80 $0.00 GRAND TOTAL: $1,171,340.00 $1,176,044.00 $1,338,379.20 $0.00 *Highlighted cells represent a math error Mayor Councilmembers City Manager Craig Morgan T:Immy Young Laurie Hadley Rene Flores Frank Lefl:ingwell R(� [ ( �{ TEXAS Mayor Pro Tem Writ eaese City Attorney UTILITIES AND ENVIRONMENTAL SERVICES DEPARTMENT Will Peckham Km Whitfield Stephan L.Sheets July 16, 2018 Michael Thane, P.E. 2008 Enterprise Drive Round Rock, TX 78664 RE: Water Treatment Plant Phases 3&4—Filter Rehabilitation Engineer's Recommendation for Bid Award Mr. Thane: On July 12, 2018 at 2:00pm, seven(7)bids were received for the above referenced project. All bidders acknowledged the receipt of the addendum, provided a bid bond, a statement of bidder's experience and a statement of bidder's safety experience. A summary of the bids received is shown below. Bidder Amount Prota, Inc $974,496.00 Archer Western Construction $1,042,094.41 Austin Engineering $1,056,714.00 Blackcastle $1,083,616.00 Matous Construction $1,171,340.00 Primespec Construction $1,176,044.00 CRU $1,338,392.00 Prota, Inc properly submitted all of the required documentation as outlined in the bidding documents. Based on this, we recommend award of the bid to Prota, Inc. in the amount of$974,496.00. Sincerely, - ®�' 't;-'.0 F Tf i Christo hr Perkins P.E. Senior Utility Engineer r CHRISTOPHER PERKINS ! City of Round Rock IC ""«"«�•"�•��,�•"�«�..�•� t 108818dw : mss cc: Jeff Bell, Project Manager Prota Inc. ® � At 'r CITE*OF ROUND ROCK 2008 Enterprise Drive,Round RoClt,Texas 76664 Utilities Admin,[P]512.218.5556 • Environmental Services:[P] 512.218,5559 Water and Wastewater Line Maintenance,: [P] 512.218.5555• rounclrocidexas.gov CERTIFICATE OF INTERESTED PARTIES FORM 1Z9rJ 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-380899 Prota, Inc. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/17/2018 being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 00000000 Water Treatment Plant Phase 3&4-Filter project. project includes the removal and replacement of the anthracite filter media and filter butterfly valves and actuators in eight filters 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Tamboer,Cornelius Austin,TX United States X Borg, Michelle Austin,TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Michelle Borg and my date of birth is Sept.21, 1975 My address is 7102 Greenshores Drive Austin TX 78730 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Travis County, State of Texas ,on the 17 day of July ,2018 (month) (year) Signature of author ge t of contracting business entity (Declar,int) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-380899 Prota, Inc. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/17/2018 being filed. City of Round Rock Date Acknowledged: 07/25/2018 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 00000000 Water Treatment Plant Phase 3&4-Filter project. project includes the removal and replacement of the anthracite filter media and filter butterfly valves and actuators in eight filters 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Tamboer,Cornelius Austin,TX United States X Borg, Michelle Austin,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is , (street) (city) (state) (zip code) (country) declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711