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Contract - Prota Construction, Inc. - 6/27/2019 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 * 1t k1 ' 044 day of f 4 L in the year 20 Eel. BETWEEN the Owner: City of Round Rock, Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Prota Construction Inc and Prota Inc JV ("Contractor") P.O.Box 342195 Austin,TX 78734 The Project is described as: Pressure Reducing Valves 2,4,9 and BCRUA Valve and Line Extension The Engineer is: Garver Greg Swoboda.PE Greenhill Drive. Suite 110 Round Rock.TX 78664 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT 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 R-?ii . I2.kl 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 two hundred and ten ( 210 )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 two hundred and fourty ( 240 )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 eight hundred sixty-nine thousand,six hundred and twenty and fifty cents ($869,620.50 ),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 . Yes X .If yes,please provide details below: Add Alternate Bid 1 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 fmal 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. 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 March 2019 7.1.4 The Specifications are those contained in the Project Manual dated March 2019 7.1.5 The Drawings,if any,are those contained in the Project Manual dated March 2019 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated March 2019 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda, if any,are those contained in the Project Manual dated March 2019 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: 01000 Attachment 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 Project Manager 2008 Enterprise Dr. Round Rock,Texas 78664 8.3 Contractor's representative is: Kermith Flores Project Manager P.O.Box 342195 Austin,TX 78734 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 CONTRA, TOR Pr•. _ '•r truction ► c and Prota Inc,JV CITY OF ROU D ROCK,TEXAS ►- ��ichelle Borg Printed Name: /J4 ,,q Printed ame: A Title I"1 Title: Partner y Date Signed: • • 11 Date Signed: 07/10/2019 ATTEST: slimy girmic City Clerk FOR CI Y,APPROVE AS TO FORM: City Att ey 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 PRTA UTILITY C O N I k A C T U R S July 23,2019 City of Round Rock 2008 Enterprise Drive Round Rock,TX 78664 To Whom it May Concern, The contract for the City of Round Rock PRV 2,4,9 &BCRUA Valve and Line Extension was signed with an incorrect amount. The corrected amount for the base bid plus alternate is $869,620.50. This was a clerical error on behalf of Prota Contruction Inc.,&Prota,Inc.,JV. If you need any additional information,please feel free to contact me directly. Sinci ely, Ifi.wT '.org ., � ._r Pre to Contruction Inc.,&Prota,Inc.,JV P• Box 342195 A stin,TX 78734 512-535-2555 Tel.(512)535-2555 P.O.Box 342195 Austin,TX 78734 Fax.(512)535-5441 Minutes of Corporate Meeting of Board of Directors of Prota Construction, Inc. A meeting of the Board of Directors of the above-captioned Corporation was held on July 10, 2019 at the Corporate Office. There where present the following: Ricardo Acosta Miguel DelValle Judith Rodriguez being all members of the Board of Directors. The meeting was called to order by Ricardo Acosta. It was moved, seconded and unanimously resolved that Michelle Borg as Director be authorized to sign on the behalf of the Corporation's Joint Venture with Prota,Inc. (Prota Construction,Inc. and Prota,Inc. Joint Venture)as Partner on all documentation required for the City of Round Rock"PRV 2,4, 9 and BCRUA Valve and Line Extension"contract. There being no other business to come before the meeting it was adjourned upon a motion duly made, seconded and unanimously carried. Judith o iguez Sec ary Attest: Board of Directors 1 I hereby certify that this document is one of the two originals (The other being kept in the Corporate Record Book). The sole purpose of the document is the authorization of Michelle Borg to sign on behalf of the corporation, and its Joint Venture partnership, the mentioned documentation. ,c?4, i/ Judith Ro i ez_ Secret ry July 10,2019 Minutes of Corporate Meeting of Board of Directors of Prota, Inc. A meeting of the Board of Directors of the above-captioned Corporation was held on July 11, 2019 at the Corporate Office. There where present the following: Michelle Borg Cornelius Tamboer being all members of the Board of Directors. The meeting was called to order by Cornelius Tamboer. It was moved, seconded and unanimously resolved that Michelle Borg as Director be authorized to sign on the behalf of the Corporation's Joint Venture with Prota,Inc. (Prota Construction,Inc. and Prota,Inc. Joint Venture) as Partner on all documentation required for the City of Round Rock"PRV 2,4, 9 and BCRUA Valve and Line Extension"contract. There being no other business to come before the meeting it was adjourned upon a motion duly made, seconded and unanimously carried. J Cornelius Tam oer_ Secretary Attest: oarire S...i_y 0------- V/------- I hereby certify that this document is one of the two originals (The other being kept in the Corporate Record Book). The sole purpose of the document is the authorization of Michelle Borg to sign on behalf of the corporation, and its Joint Venture partnership, the mentioned documentation. C'er--)rnelitils Tamboer_ Secretary July 11,2019 00600 INSURANCE AND CONSTRUCTION BOND FORMS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the bond must be counter-signed by Texas local recording agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website—www.tdi.state.tx.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement&Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Person. If the contractor is a corporation, then it should be signed by the President or the Vice-President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet 1. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 2. PRODUCER and INSURED -Please list name, address,phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/.—Company Lookup. Note:Exception to this rule. In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used.Below are the guidelines: a. Insurance Company does not have to be"licensed in Texas",but they do have to be"eligible for a Texas license." Please verify with the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance c. Commercial General Liability Insurance d. Builders' Risk Insurance— (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require"professional liability insurance".) 5. EFFECTIVE DATE &EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes, cancellation, etc. at least thirty(30)days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website—www.tdi.state.tx.us—Agent Lookup. PROTINC-02 LMAY AC.,.t:DO /30 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/2/2019 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 Less May,CIC INSURICA TX Insurance Services, Inc. PHONE 9600 Great Hills Trail Dr.Suite 225W (NC,No,Ext>:(512)381-8366 lac,No):(866)652-9367 Austin,TX 78759 E-MAIL DRESS:Lesa.May@INSURICA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:United States Fire Insurance Company 21113 INSURED INSURER B:Texas Mutual Insurance Company 22945 Prota Construction Inc.and Prota Inc.,J.V. Prota,Inc. INSURER c 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 ADDL SUBR LTR TYPE OF INSURANCE INSD VD POLICY NUMBER POLICY EFF POLICY EXP W (MM/DD/YWY) (MM/DD/YYYY)._ LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 506-896368-3 4/28/2019 4/28/2020 DAMAGE TO RENTED 100,000 PREMISES(Ea.occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: COMBINED SINGLE LIMIT 1,000,000 A AUTOMOBILE LIABILITY $ (Ea accidenfl $ X ANY AUTO 506-896368-3 4/28/2019 4/28/2020 BODILY OWNED SCHEDULED INJURY(Per person) $ AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HI NON-OOS WNED PROPERTY DAMAGE AUTOS ONLY AUT ONLY (Per accident) $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE 523-809909-9 4/28/2019 4/28/2020 5 000 AGGREGATE $ , ,000 DED i I RETENTION$ $ B WORKERS COMPENSATION X PER H_ AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N 0002030892 4/28/2019 4/28/2020 E.L.EACH ACCIDENT $ 1,000,000 QFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: PRV 2,4&9 and BCRUA Valve and Line Extension COMPLETE CERTIFICATE HOLDER TO READ: City of Round Rock SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Sara Kesselring ACCORDANCE WITH THE POLICY PROVISIONS. 2800 Enterprise Drive Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE 44teldit9iriegit ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: PROTINC-02 LMAY LOC#: 1ACOREY ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED 'Prota Construction Inc.and Prota Inc.,J.V. INSURICA TX Insurance Services, Inc. Prota Inc. POLICY NUMBER 1 P.O.BOX 342195 SEE PAGE 1 ,,Austin,TX 78734 CARRIER NAIC CODE SEE PAGE 1 — -- SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/LocationsNehicles: Project: PRV 2,4&9 and BCRUA Valve and Line Extension COMPLETE CERTIFICATE HOLDER TO READ: 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 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. -The Automobile policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. -The policies include endorsements providing that 30 day notice of cancellation will be furnished to the certificate holder. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD BOND NO PRF9281938 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Prota Construction Inc., & Prota Inc. JV, of the City of Austi County of Travis , and State of Fidelity anti Deposit Texas , as Principal, and Company.of Maryland 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 eight hundred sixty-nine thousand, six hundred and twenty and fifty cents Dollars ($ 869,620.50 ) 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 5�. day of July , 2019 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: Pressure Reducing Valves 2, 4, 9 and BCRUA Valve and Line Extension (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 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 2nd day of July , 20 19 . Prota Construction Inc., & Prota Inc. JV Fidelity and Deposit Company of Maryland Prin ipal Surety \ 'D( Barbara A. Shamard Printed Name Printed Name By: By: Title: If=1(2,7 fL.,. Title: Attorney-In-Fact Address: 4805 Doss R ad, Bldg 1 Address: 3 00 E Palm Valley Blvd, Suite 3 Austin, TX 7 734 R and Rock, TX 78665 Resident.A!en, • Surety: Signature Barbara A. 'hamard Printed Nai e 3500 E Palm alley Blvd, Suite 3 Street Address Round Rock, TX 78665 City, State & Zip Code Page 2 00610 7-2009 Performance Bond 00090656 BOND NO PRF9281938 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Prota Construction Inc., & Prota Inc. JV, of the City of Austin , County of Fidelity and Deposit Travis , and State of Texas as Principal, and Cernpany of Maryland authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of eight hundred sixty-nine thousand, six hundred and twenty and fifty cents Dollars ($ 869,620.50 ) 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 day of July , 2019 , 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: Pressure Reducing Valves 2, 4, 9 and BCRUA Valve and Line Extension (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 2nd day of July , 2019 • Prota Construction Inc., & Prota Inc. JV Fidelity and Deposit Company of Maryland Principal Surety Mt or Barbara . hamard Printed ame Printed Name • By: By: Title: ?Pr 9-1-1•1 Title: Attorney-In-Fact Address: 3500 Palm Valley Blvd, Suite 3 Addres : 4805 Doss Road, Bldg 1 Austin, TX 78734 Round Rock, TX 78665 Resident Agen r i Surety: 1 L__. Signature Barbara A. S amard Printed Nam 3500 E Palm Valley Blvd, Suite 3 Street Address Round Rock,TX 78665 Page 2 00620 7-2009 Payment Bond 00090656 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland,and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by THOMAS O. MCCLELLAN, Vice President, in pursuance of authority granted by Article V, Section 8, of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof,do hereby nominate, constitute, and appoint Peter PINCOFFS, Chris BRANDT, Rob BRIDGES,John S. BURNS, Jr., George S. SYKES, JR., Todd DAVIS,Karl WILLIAMSON and Barbara A.SHAMARD,all of Austin,Texas, EACH its true and lawful agent and Attorney- in-Fact, to make, execute, seal and deliver,for, and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes,as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York, New York., the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland.,in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V,Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 10th day of September,A.D.2015. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND C ^p DErps� ''•G�1NS(In'y 1 —• 4 / r j0c, - 4(''42----- l 7), , „,:sr‘za( .,..,Secretary Vice President Eric D.Barnes Thomas O.McClellan State of Maryland County of Baltimore On this 10th day of September,A.D.2015,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,THOMAS O. MCCLELLAN, Vice President, and ERIC D. BARNES, Secretary, of the Companies, to me personally known to be the individuals and officers described in and who executed the preceding instrument,and acknowledged the execution of same,and being by me duly sworn,deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ¢�� U:.l::!61.1. ei 92,,,,,;(_,)0 :1-,AKse, -'-- 1 i Maria D.Adamski,Notary Public My Commission Expires:July 8,2019 POA-F 168-9676 ZURICH Texas Important Notice IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para presentar una queja: You may call Zurich North America's toll-free telephone Usted puede Ilamar al numero de telefono gratuito de number for information or to make a complaint at: Zurich North America's para obtener informacion o para 1-800-382-2150 presentar una queja al: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or Usted puede comunicarse con el Departamento de Se- complaints at: guros de Texas para obtener informacion sobre com- 1-800-252-3439 panias, coberturas, derechos, o quejas al: 1-800-252-3439 You may write the Texas Department of Insurance: Usted puede escribir al Departamento P.O. Box 149104 de Seguros de Texas a: Austin, TX 78714-9104 P.O. Box 149104 Fax: (512) 490-1007 Austin, TX 78714-9104 Web: www.tdi.texas.gov Fax: (512) 490-1007 E-mail: ConsumerProtection©tdi.texas.gov Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or DISPUTAS POR PRIMAS DE SEGUROS 0 about a claim, you should contact the company first. If RECLAMACIONES: the dispute is not resolved, you may contact the Texas Si tiene una disputa relacionada con su prima de seguro Department of Insurance. o con una reclamacion, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted ATTACH THIS NOTICE TO YOUR POLICY: puede comunicarse con el Departamento de Seguros de This notice is for information only and does not become Texas. a part or condition of the attached document. ADJUNTE ESTE AVISO A SU P®LIZA: Este aviso es solamente para propOsitos informativos y no se con- vierte en parte o en condicion del documento adjunto. U-GU-296-E(06/15) Page 1 of 1 ��...41 PROTINC-02 LMAY A R� CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 7/2/2019 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 CI NAME; y� C 1NSURICA TX Insurance Services,Inc. PHONE 9600 Great Hills Trail Dr.Suite 225W (Nc,No,Ext):(512)3$1-8366 FAx (NC,No):(866)652-9367 Austin,TX 78759 E-MAIL SS:Lesa.May@INSURICA.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:United States Fire Insurance Company 21113 INSURED INSURER a:Texas Mutual Insurance Company 22945 Prota Construction Inc.and Prota Inc.,J.V. Prota,Inc. INSURER C 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 ADDL'SUBR POLICY NUMBER POLICY EFF POLICY EXP LTR. TYPE OF INSURANCE INSD WVD (MM/DD/YYYY1 (MM/DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE $ CLAIMS-MADE X OCCUR 506-896368-3 4/28/2019 4/28/2020 DAMAGE TO RENTED cu $ 100,000 PREM•ISES(Ea occurrence) MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY :$ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000� POLICY X JEOT LOC PRODUCTS-COMP/OP AGG ,$ 2,000,000 OTHER. A $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) ,$ X ANY AUTO 506-896368-3 4/28/2019 4/28/2020 BODILY INJURY Per OWNED SCHEDULED (Per person) ;$ AUTOS ONLY AUUoTOSy BODILY INJURY(Per accident),$ X AUTOS ONLY X A UTOS ON�NLDY PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB X OCCUR 5,000 000 EACH OCCURRENCE ,S EXCESS LIAB CLAIMS MADE 523-809909-9 4/28/2019 4/28✓2020 AGGREGATE $ 5,000,000 DED ; RETENTION$ $ B WORKERS COMPENSATION X _ AND EMPLOYERS'LIABILITY STATUTE H TUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE V/N 0002030892 4/28/2019 4/28/2020 1,000,000 QFFICER/MEMBER EXCLUDED? N/A EL EACH ACCIDENT S (Mandatory In NH) E L DISEASE•EA EMPLOYEE;$ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more apace is required) Project: PRV 2,4&9 and BCRUA Valve and Line Extension COMPLETE CERTIFICATE HOLDER TO READ: City of Round Rock SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn:Sara Kesselring ACCORDANCE WITH THE POLICY PROVISIONS. 2800 Enterprise Drive Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE iliAtijks ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID:PROTINC-02 LMAY LOC#: 1 ACORL ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED INSURICA TX Insurance Services,Inc. ;Prota Construction Inc.and Prota Inc.,J.V. JProta Inc. POLICY NUMBER 1 P.O.Box 342195 SEE PAGE 1 ':Austin,TX 78734 CARRIER NAIC CODE SEE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability insurance Description of Operations/LocationsNehicles: Project: PRV 2,4&9 and BCRUA Valve and Line Extension COMPLETE CERTIFICATE HOLDER TO READ: 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 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. -The Automobile policy includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. -The policies include endorsements providing that 30 day notice of cancellation will be furnished to the certificate holder. ACORD 101 (2008/01) ©2008 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: SLK Round Rock, Texas 78664 DATE: 5/30/2019 BID TABULATION SHEET: 1 of 5 CONTRACT:Pressure Reducing Valves 2,4,9 and BCRUA Prota Construction Inc.and Valve and Line Extension Prota Inc,JV Austin Underground,Inc. Austin Engineering Co.Inc. Patin Construction LLC LOCATION: 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes DATE: 5/28/2019 Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes BASE BID APPROX. UNIT UNIT UNIT UNIT ITEM# ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 1 Bid Bonds 1 LS $17,208.00 $17,208.00 $12,500.00 $12,500.00 $15,000.00 $15.000.00 $5,000.00 $5,000.00 2 Mobilization 1 LS $35,000.00 $35,000.00 $41,500.00 $41,500.00 $35,000.00 $35,000.00 $48,000.00 $48,000.00 3 Ground Water Control 400 LF $17.00 $6,800.00 $1.00 $400.00 $10.00 $4,000.00 $5.00 $2,000.00 4 Erosion Control Log 670 LF $15.00 $10,050.00 $11.00 $7,370.00 $10.00 $6,700.00 $7.50 $5.025.00 5 Site Restoration 225 LF $23.00 $5,175.00 $23.00 $5,175.00 $40.00 $9.000.00 $5.00 $1,125.00 6 Block Sodding 376 SY $22.00 $8,272.00 $12.00 $4,512.00 $13.00 $4,888.00 $7.00 $2,632.00 7 Remove-Replace Bared Wire Fence 50 LF $21.00 $1,050.00 $30.00 $1,500.00 $15.00 $750.00 $40.00 $2.000.00 8 Remove-Replace Chain Link:Fence 15 LF $158.00 $2,370.00 $55.00 $825.00 $100.00 $1,500.00 $100.00 $1,500.00 9 Trench Safety 268 LF $9.00 $2,412.00 $5.00 $1,340.00 $50.00 $13,400.00 $2.00 $536.00 10 Portable Concrete Wash-out 4 EA $783.00 $3,132.00 $660.00 $2,640.00 $2,000.00 $8,000.00 $750.00 $3,000.00 11 PRV 2-Furnish&Install 1 LS $121,060.00 $121,060.00 $125,000.00 $125,000.00 $140,000.00 $140,000.00 $162,000.00 $162,000.00 12 PRV 4-Furnish&Install 1 LS $134,078.00 $134,078.00 $138,000.00 $138,000.00 $166,000.00 $166.000.00 $165,000.00 $165,000.00 13 PRV 9-Furnish&Install 1 LS $157,327.00 $157,327.00 $177,000.00 $177,000.00 $195,000.00 $195,000.00 $195,000.00 $195,000.00 14 BCRUA-Furnish&Install PRV 1 LS $64,702.00 $64,702.00 $90,000.00 $90,000.00 $76,000.00 $76,000.00 $122,000.00 $122,000.00 15 Furnish&Install Flow Meter Vault 1 LS $66,144.00 $66,144.00 $75,000.00 $75,000.00 $84,000.00 $84,000.00 $112,000.00 $112,000.00 16 Abandon Manhole 1 EA $2,492.00 $2,492.00 $10,000.00 $10,000.00 $2,000.00 $2,000.00 $500.00 $500.00 17 Remove&Dispose Manhole 3 EA $2,748.00 $8,244.00 $11,000.00 $33,000.00 $2,750.00 $8.250.00 $1,000.00 $3,000.00 18 12"Wet Connection 2 EA $3,535.00 $7,070.00 $2.000.00 $4,000.00 $2,500.00 $5,000.00 $4,000.00 $8,000.00 19 18"Wet Connection 2 EA $3,535.00 $7,070.00 $4,000.00 $8,000.00 $3,500.00 $7,000.00 $5,000.00 $10,000.00 20 24"Wet Connection 1 EA $3,535.00 $3,535.00 $4,600.00 $4,600.00 $7,000.00 $7,000.00 $6,000.00 $6,000.00 21 30"Wet Connection 1 EA $3,535.00 $3,535.00 $8,000.00 $8,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 22 30"DI Waterline 13 t LF $431.00 $5,603.00 $1.000.00 $13,000.00 $1.000.00 $13,000.00 $1,000.00 $13,000.00 23 12"DI Waterline 42 LF $12=00 $5,040.00 $210.00 $8,820.00 $100.00 $4,200.00 $75.00 $3.150.00 THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities & Environmental Services 2008 Enterprise Drive BY: SLK Round Rock, Texas 78664 DATE• 5/30/2019 BID TABULATION CONT. SHEET: 2 of 5 CONTRACT:Pressure Reducing Valves 2,4,9 and BCRUA Prota Construction Inc.and Valve and Line Extension Prota Inc,JV Austin Underground,Inc. Austin Engineering Co.Inc. Patin Construction LLC LOCATION: 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes DATE: 5/28/2019 Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes 24 16"DI Waterline 180 LF $124.00 $22,320.00 $99.00 $17,820.00 $150.00 $27,000.00 $100.00 $18,000.00 25 18"DI Waterline 5 LF $522.00 $2,610.00 $560.00 $2,800.00 $180.00 $900.00 $250.00 $1,250.00 26 12"Gate Valve&Box 3 EA $3,988.00 $11,964.00 $4,000.00 $12,000.00 $3,000.00 $9,000.00 $4,500.00 $13,500.00 27 18"Gate Valve&Box 2 EA $15,523.00 $31,046.00 $16,000.00 $32,000.00 $20,000.00 $40,000.00 $13,000.00 $26,000.00 28 Fittings&Install 30"Valve 1 EA $22,815.00 $22,815.00 $8,600.00 $8,600.00 $15,000.00 $15,000.00 $10,000.00 $10,000.00 29 Ductile Iron Fitting 24" 0.1 Ton $201,150.00 $20,115.00 $5,000.00 $500.00 $47,000.00 $4,700.00 $50,000.00 $5,000.00 30 Remove&Dispose Sidewalk 68 SY $42.00 $2,856.00 $57.00 $3,876.00 $6.00 $408.00 $25.00 $1,700.00 31 4"Sidewalk 55 SY $62.00 $3,410.00 $100.00 $5,500.00 $85.00 $4,675.00 $45.00 $2,475.00 TOTAL BASE BID: $794,:305.00 $855,278.00 $917,371.00 $958,393.00 Totals in red($XX.XX.X.X)indicate adjustment upon tabulation of bids. ADD ALTERNATE NO.1 APPROX. UNIT UNIT UNIT UNIT ITEM# ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 32 Excavation Around Obstructions 100 CY $90.00 $9,000.00 $50.00 $5,000.00 $150.00 $15,000.00 $20.00 $2,000.00 33 Mobilize/Demobilize 1 EA $6,028.00 $6,028.00 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $15,000.00 $15,000.00 34 Extra Hand Excavation 50 CY $110.00 $5,500.00 $150.00 $7,500.00 $150.00 $7,500.00 $15.00 $750.00 35 Extra Machine Excavation 50 CY $65.00 $3,250.00 $30.00 $1,500.00 $100.00 $5,000.00 $20.00 $1,000.00 36 Extra Placement of Backfill Material 50 CY $65.00 $3,250.00 $35.00 $1,750.00 $100.00 $5,000.00 $10.00 $500.00 37 Extra Ductile Iron Fittings 24" 0.25 TON $181,150.00 $45,287.50 $30,000.00 $7,500.00 $47,000.00 $11,750.00 $50,000.00 $12,500.00 38 Extra Sidewalk 50 SF $56.00 $2,800.00 $15.00 $750.00 $85.00 $4,250.00 $5.00 $250.00 TOTAL ADD ALTERNATE NO.1: $75,115.50 $27,000.00 $53,500.00 $32,000.00 TOTAL BASE BID $"£)4,5005 00 $855,278.00 $917,371.00 $958,393.00 TOTAL BASE BID+ADD ALTERNATE NO.1: $869,620.50 $882,278.00 $970,871.00 $990,393.00 Totals in red(S.XXXX.XX)indicate adjustment upon tabulation of bids. THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities & Environmental Services 2008 Enterprise Drive BY: SLK Round Rock, Texas 78664 DATE• 5/30/2019 BID TABULATION CONT. SHEET:3 of 5 CONTRACT:Pressure Reducing Valves 2,4,9 and BCRUA Aaron Concrete Contractors, Valve and Line Extension Santa Clara Construction,Ltd. LP Black Castle General Contractor LOCATION: 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety? DATE: 5/28/2019 Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? BASE BID APPROX. UNIT UNIT UNIT UNIT ITEM# ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 1 Bid Bonds 1 LS $16,875.00 $16,875.00 $25,000.00 $25,000.00 $35,000.00 $35,000.00 $0.00 2 Mobilization I LS $20,000.00 $20,000.00 $50,000.00 $50,000.00 $61,100.00 $61,100.00 $0.00 3 Ground Water Control 400 LF $12.50 $5,000.00 $10.00 $4,000.00 $3 LW $12,400.00 $0.00 4 Erosion Control Log 670 LF $16.25 $10,887.50 $14.00 $9,380.00 $9.0 $6,030.00 $0.00 5 Site Restoration 225 LF $10.00 $2,250.00 $20.00 $4,500.00 $L3.00 $2,925.00 $0.00 6 Block Sodding 376 SY $7.00 $2,632.00 $15.00 $5,640.00 $9.()01 $3,384.00 $0.00 7 Remove-Replace Bared'vVire Fence 50 LF $25.00 $1.250.00 $80.00 $4,000.00 S13-00 $650.00 $0.00 8 Remove-Replace Chain Link Fence 15 LF $50.00 $750.00 $200.00 $3.000.00 $25.!}O $375.00 $0.00 9 Trench Safety 268 LF $1.00 $268.00 $10.00 $2,680.00 $3.00 $804.00 $0.00 10 Portable Concrete Wash-out 4 EA $250.00 $1.000.00 $5,000.00 $20.000.00 $250.t)0 $1,000.00 $0.00 11 PRV 2-Furnish&Install 1 LS $160,400.00 $160,400.00 $144,000.00 $144,000.00 $247,700.00 $247,700.00 $0.00 12 PRV 4-Furnish&Install 1 LS $180,700.00 $180,700.00 $203,000.00 $203,000.00 $244,100.00 $244,100.00 $0.00 13 PRV 9-Furnish&Install I LS $236,000.00 $236,000.00 $189,000.00 $189,000.00 $275,000.00 $275,000.00 $0.00 14 BCRUA-Furnish&Install PRV 1 LS $101,200.00 $101.200.00 $70,000.00 $70,000.00 $90,500.00 $90,500.00 $0.00 15 Furnish&Install Flow Meter Vault 1 LS $89,400.00 $89,400.00 $125,000.00 $125,000.00 $186,400.00 $186,400.00 $0.00 16 Abandon Manhole 1 EA $2,000.00 $2,000.00 $2,000.00 $2,000.00 $4,600.00 $4,600.00 $0.00 17 Remove&Dispose Manhole 3 EA $1.000.00 $3,000.00 $1,600.00 $4,800.00 $6,400.00 $19,200.00 $0.00 18 12"Wet Connection 2 EA $5,220.00 $10,440.00 $4.200.00 $8,400.00 $4,0(l)(00 $8,000.00 $0.00 19 18"Wet Connection 2 EA $5,240.00 $10,480.00 $5,000.00 $10,000.00 $4.,3O0.00 $8,600.00 $0.00 20 24"Wet Connection 1 EA $5,400.00 $5,400.00 $6,000.00 $6,000.00 $4,900.00 $4,900.00 $0.00 21 30"Wet Connection 1 EA $17,600.00 $17.600.00 $8,000.00 $8,000.00 $10,200.00 $10,200.00 $0.00 22 30"DI Waterline 13 LF $1.210.00 $15,730.00 $920.00 $11,960.00 $1,200.00 $15,600.00 $0.00 2J 12"DI Waterline 42 LF $120.00 $5,040.00 $300.00 $12,600.00 $1.55.0() $6,510.00 $0.00 Unit prices in red 8'X t.11')indicate incorrect written unit price entered by bidder. THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities & Environmental Services 2008 Enterprise Drive BY: SLK Round Rock, Texas 78664 DATE• 5/30/2019 BID TABULATION CONT. SHEET:4 of 5 CONTRACT:Pressure Reducing Valves 2,4,9 and BCRUA Aaron Concrete Contractors, Valve and Line Extension Santa Clara Construction,Ltd. LP Black Castle General Contractor LOCATION: 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety? DATE: 5/28/2019 Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? 24 16"DI Waterline 180 LF 740.00 $25,200.00 $265.00 $47,700.00 $109.00 $19,620.00 $0.00 25 18"DI Waterline 5 LF $190.00 $950.00 $1,200.00 $6,000.00 $1.,100.00 $5,500.00 $0.00 26 12"Gate Valve&Box 3 EA $4,000.00 $12,000.00 $4,000.00 $12,000.00 $5,700.00 $17,100.00 $0.00 27 18"Gate Valve&Box 2 EA $18,500.00 $37,000.00 $12,000.00 $24,000.00 $16,200.00 $32,400.00 $0.00 28 Fittings&Install 30"Valve 1 EA $47,300.00 $47,300.00 $7,000.00 $7,000.00 $8,500.00 $8,500.00 $0.00 29 Ductile Iron Fitting 24" 0.1 Ton $44,000.00 $4,400.00 $80,000.00 $8,000.00 $35,2(10.00 $3,520.00 $0.00 30 Remove&Dispose Sidewalk 68 SY $10.00 $680.00 $71.00 $4,828.00 $3 $2,312.00 $0.00 31 4"Sidewalk 55 SY $45.00 $2,475.00 $202.00 $11,110.00 $1021.i0 $5,610.00 $0.00 TOTAL BASE BID: $1,028,307.50 $1,043,598.00 $1,339,540.00 $0.00 Unit prices in red(SXX.X_`X)indicate incorrect written unit price entered by bidder. ADD ALTERNATE NO.1 APPROX. UNIT UNIT UNIT UNIT ITEM# ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 32 Excavation Around Obstructions 100 CY $50.00 $5,000.00 $165.00 $16,500.00 531.00 $3,100.00 $0.00 33 Mobilize/Demobilize 1 EA $5,000.00 $5,000.00 $5,500.00 $5,500.00 $13,000.00 $13,000.00 $0.00 34 Extra Hand Excavation 50 CY $150.00 $7,500.00 $300.00 $15,000.00 519.00 $950.00 $0.00 35 Extra Machine Excavation 50 CY $50.00 $2,500.00 $100.00 $5,000.00 516.00 $800.00 $0.00 36 Extra Placement of Backfill Material 50 CY $35.00 $1,750.00 $300.00 $15,000.00 $IO 00 $500.00 $0.00 37 Extra Ductile Iron Fittings 24" 0.25 TON $44,000.00 $11,000.00 $80,000.00 $20,000.00 $13,O(.)O.00 $3,250.00 $0.00 38 Extra Sidewalk 50 SF $20.00 $1,000.00 $71.00 $3,550.00 S1000 $500.00 $0.00 TOTAL ADD ALTERNATE NO.1: $33,750.00 $80,550.00 $22,100.00 $0.00 TOTAL BASE BID $1,028,307.50 $1,043,598.007 $1,339,540.00T $0.00 TOTAL BASE BID+ADD ALTERNATE NO.1: $1,062,057.50 $1,124,148.00 $1,361,640.00 $0.00 Unit prices in red(SXX.XX)indicate incorrect written unit price entered by bidder. THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities & Environmental Services 2008 Enterprise Drive BY: SLK Round Rock, Texas 78664 DATE: 5/30/2019 BID TABULATION SUMMARY SHEET:5 of 5 CONTRACT:Pressure Reducing Valves 2,4,9 and BCRUA Prota Construction Inc.and Valve and Line Extension Prota Inc,JV Austin underground,Inc. Austin Engineering Co.Inc. Patin Construction LLC LOCATION: 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes DATE: -5/28/2019 Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes TOTAL BASE BID: $;94.;0-+.#i#€ $855,278.00 $917,371.00 $958,393.00 TOTAL ADD ALTERNATE NO.1: $75,115.50 $27,000.00 $53,500.00 $32,000.00 TOTAL BASE BID+ADD ALTERNATE NO.1: 5869.62#}.�,0 $882,278.00 $970,871.00 $990,393.00 Totals in red(SX.X.XX.XX)indicate adjustment upon tabulation of bids. Santa Clara Construction,Ltd. LP Aaron Concrete Contractors, Black Castle General Contractor Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety? Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Yes Addendum(s)? Bid Bond? Yes Bid Bond? Yes Bid Bond'.' YesBid Bond? TOTAL BASE BID: $1,028,307.50 $1,043,598.00 $1,339,540.00 $0.00 7 TOTAL ADD ALTERNATE NO.1: $33,750.00 $80,550.00 $22,100.00 $0.00 TOTAL BASE BID+ADD ALTERNATE NO.I: $1,062,057.50 $1,124,148.00 $1,361,640.00 $0.00 2300 Greenhill Dr. Suite 110 Round Rock,TX 78664 Tel 512.485.0009 A www.GarverUSA.com May 31, 2019 Mr. Jeff Bell Project Manager City of Round Rock 2008 Enterprise Drive Round Rock, TX 78664 Re: City of Round Rock Pressure Reducing Valves 2, 4, 9 and BCRUA Valve and Line Extension Recommendation of Award Dear Mr. Bell: Bids were received for the Pressure Reducing Valves 2, 4, 9 and BCRUA Valve and Line Extension project on Tuesday, May 28, 2019. Seven (7) responsive bids were received. The bid summary is shown below. Bidder Base Bid Base Bid + Add Alternate No. 1 Prota Construction, Inc. $ 794,505.00 $ 869,620.50 Austin Underground, Inc. $ 855,278.00 $ 882,278.00 Austin Engineering Co. Inc. $ 917,371.00 $ 970,871.00 Patin Construction LLC $ 958,393.00 $ 990,393.00 Santa Clara Construction, Ltd. $1,028,307.50 $1,062,057.50 Aaron Concrete Contractors, LP $1,043,598.00 $1,124,148.00 Black Castle General Contractor $1,339,540.00 $1,361,640.00 The Engineer's Opinion of Probable Construction Cost (OPCC) for the Base Bid was $964,000.00. The bid tabulation was compiled by the City of Round Rock staff and reviewed by Garver. It is our understanding that the City of Round Rock intends to award the Base Bid plus Add Alternate No. 1. The apparent low bidder for the Base Bid is Prota Construction Inc. and the apparent low bidder for the Base Bid plus Add Alternate No. 1 is Prota Construction Inc. The Prota Construction Inc. bid for the Base Bid plus Add Alternate No. 1 is 869,620.50. In accordance with the bid submittal requirements and review by City staff, Prota Construction Inc. provided the Statement of Safety, acknowledged the Addendum and provided a bid bond. In addition, it is Garver's understanding that the City has previously worked with Prota Construction Inc. and they successfully completed projects. Mr. Jeff Bell May 31, 2019 Page 2of2 Therefore, based on the amount bid for Base Bid plus Add Alternate No. 1 of $869,620.50 and the information provided in the bid submittal Garver recommends award for the construction of the Pressure Reducing Valves 2, 4, 9 and BCRUA Valve and Line Extension project to Prota Construction Inc. If you have any questions, I can be reached at gtswoboda(a-)-garverusa.com or at 512.485.0009. Sincerely, GARVER, LLC Greg Swoboda, P.E. Project Manager Copy: David Huang —Garver CERTIFICATE OF INTERESTED PARTIES FORM1295 10f1 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. 2019-504203 Prota Construction Inc and Prota Inc,JV Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the for;;is 06/13/2019 being filed. D City of Round Rock ate 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. 0000 Construction of the"Pressure Reducing Valves 2,4,9 and BCRUA Valve and Line Extension"project Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary_ Prota Construction, Inc. Mayaguez Mayaguez Puerto Rico X Prota, Inc. Austin,TX United States X Acosta,Ricardo Mayaguez Puerto Rico, USA X X Tamboer,Cornelius Austin,TX United States X X Borg, Michelle Austin,TX United States X X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Michelle Borg and my date of birth is My address is 7102 Greenshores Drive Austin Texas 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_L3_day of June ,2o-19 (month) (year) Signature of au horized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039C 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. 2019-504203 Prota Construction Inc and Prota Inc,JV 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 06/13/2019 being filed. City of Round Rock Date Acknowledged: 06/27/2019 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. 0000 Construction of the"Pressure Reducing Valves 2,4,9 and BCRUA Valve and Line Extension"project 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Prota Construction, Inc. Mayaguez Mayaguez Puerto Rico X Prota, Inc. Austin,TX United States X Acosta, Ricardo Mayaguez Puerto Rico, USA X X Tamboer, Cornelius Austin,TX United States X X Borg, Michelle Austin,TX United States X 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) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of ,on the day of 120 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c