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R-88-1127 - 6/16/1988TEXAS ATTEST: E LAND, City Secretary T23RESOLUTION RESOLUTION NO. / WHEREAS, the City of Round Rock, Texas previously entered into a contract, with W. L. Wood Excavation for the Main Street - Circle Drive Street and Drainage Improvements; and WHEREAS, due to a default on the part of W. L. Wood Excavation, said contract was terminated by the City; and WHEREAS, J. C. Evans Excavation Co., Inc. has submitted a proposal to complete the said street and drainage improvements; and WHEREAS, the City Council desires to accept said proposal and enter into an agreement with J. C. Evans Excavation Co., Inc., Now Therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, THAT the Mayor is hereby authorized and directed to execute on behalf of the City an Assumption of Agreement with J. C. Evans Excavation Co., Inc., a copy of said Agreement being attached hereto and incorporated herein for all pu oses. RESOLVED this /. t/l day of , 1988. MIKE ROBINSON, Mayor City of Round Rock, Texas This Agreement, made and entered this I3 day of -CAUL/ 1988, by and between the City of Round Rock, Texas, a municipal corporation, hereinafter referred to as "City" and the J. C. Evans Excavation Co., Inc., hereinafter referred to as the "Contractor ". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City and under the conditions expressed in the bond bearing even date herewith, Contractor hereby agrees with the City to assume all of the terms, covenants and conditions as stated in a contract between the City and W. L. Wood Excavation, dated September 10, 1987, attached and incorporated herein as Exhibit "A" and hereinafter referred to as the "Contract Document ". Contractor acknowledges that it has carefully examined the site of the proposed work and the Contract Document. Contractor agrees that it has investigated and is satisfied as to the conditions to be encountered; as to the character, quality, and quantity of materials to be furnished and as to the requirements of the Contract Document. By assuming this contract, Contractor hereby agrees to complete the construction of certain improvements described as 1985 C.D.G. 45705480, Main Street - Circle Drive Street and Drainage Improvements. The work covered by this specification consists of furnishing all labor, equipment, appliances, and materials, and performing all operations in connection with the excavation, installation of pipelines and appurtenances, backfilling and compaction of trenches C26ASSUMPCO ASSUMPTION OF AGREEMENT and all extra work in connection therewith under the terms stated in Exhibit "A" as his own proper cost and expense. Additionally, the Contractor shall furnish all the materials, supplies, machinery, equipment, tools, supervision, labor, insurance, bonds, and other services necessary to complete said construction in accordance with the Notice to Contractors, Instructions To Bidders, General Conditions of Agreement, Special Conditions, and the Technical Specifications and Plans as prepared by HAYNIE KALLMAN & GRAY, INC., engineer for said project, all of which are contained in Exhibit "A ". The above work will be completed in accordance with the prices stated in the letter from Contractor dated June 8, 1988, attached hereto as Exhibit "B ". The Contractor hereby agrees to commence work within seven (7) days after the date written notice to do so shall have been given to him, and to complete the same within thirty (30) calendar days after the date of written notice to commence work, subject to extensions as provided in Exhibit "B ". City agrees to pay Contractor in current funds the price or prices shown in Exhibit "B ", which forms a part of this Agreement, such payments to be subject to the General and Special Conditions of the Contract Document. IN WITNESS WHEREOF, the parties herein have executed this agreement on the day and year above written. THE CITY OF ROU.D R.1 K By: MIKE ROBINSON, Mayor By: j;4 2. J. C. EVANS EXCAVATIRN QO. .INC. EVANS President 0 ATTEST: NE LAND, Ci y Secretary I, a4 16= A. Km 14 LWl J , certify that I am the Secretary of the Corporation named as Contractor herein; that T APIY P•VAN.5 , who signed his Agreement on behalf of said Corporation is the PkE./bS of said Corporation, and, as such, is authorized to sign said Agreement for and on behalf of said Corporation. Signed: 3. DATE' ITEM: June 13, 1988 Please find in this packet: 3A. Consider a resolution authorizing the Mayor to enter into a contract for the completion of the East Main Street Improvement Project. 1) Letter from Fireman',s Fund dated June 10, 1988, regarding their concurrence with the'selection of J.C. Evans Construction as the contractor to complete the-Main Street Phase II CDBG Project. 4, ? 2) Proposal of $112,445.10 from J.C. Evans Construction to complete the project. , a « b ' 3) Proposal of $160,378.20 from Capital Excavation to complete the project. 4) Contract between J.C. Evans and the City of Round Rock for project completion. Based on the proposals, staff recommends award to J.C. Evans for the amount of $112,445.10. The J.C. Evans Copnstruction Company says they will attend a pre - construction meeting on Tuesday, June 14th and begin site work on Wednesday, June 15, 1988. The preliminary schedule from the construction company provides for project completion within 30 days. ECONOMIC IMPACT: The bonding company insures that costs will not exceed W.L. Woods bid and change order prices. JUN 19 '88 13:33 FFIC — DALLAS— EPRIICH rx� MY Dallas District Office — Suroty Claims 1999 Bryan Slreet P.O. Box 2519 Dallas, TX 75221 Writer's Direct Dial Number (214) 220. 1(214) 220 -4275 June 10, 1988 Mr. James R. Nuse, Director of Public City of Round Rock 214 E. Main Street Round Rock, Texas RE: CLAIM NO: PRINCIPAL: OBLIGEE: PROJECT: BOND NO: P.E. Works 78664 B- 453 -S- 787693 W.L, WOOD EXCAVATION CITY OF ROUND ROCK MAIN STREET AND CIRCLE DRIVE STREET AND DRAINAGE IMPROVEMENTS SC5243502 P.2 Dear Mr. Nuse: In recognition of your attorney's letter of May 31, 1988 directed to Frank Siddons Insurance and in which the attorney advised of the City's termination - of the Wood Contract, as well as our meeting with you of June 8, 1988, this is to recognize such termination and to confirm our agreement. We (National Surety Corporation) waive any further notice of the default and waive our option, as surety, to complete the work. As was discussed in our meeting, J,C, Evans Construction has proposed to complete the uncompleted work of Wood for the sum of $112,445.10. We agreed the proposal was to be reduced to $110,972.60 by elimination of Contract Item 11 ($172.50) and Non - Contract Items 2 ($800.00) and 8 ($500.00), These are new Change Orders for which the City will pay Evans. You have indicated a willingness to accept this proposal, or the one of Capitol Excavation if it comes in at a lower amount. We have examined the proposal of Evans and agree it is a reasonable bid and is intended to provide the city with a finished project. We are of the opinion you should enter into a contract with either Evans or Capitol (whichever bid is the lowest). The completing contractor is to furnish payment and performance bonds in the amount of his contract and in accordance with the contract specification. We also discussed your concern over the warranty provisions of the contract as well as the maintenance bond to be furnished upon completion. As matters JUN 18 :88 13:34 FFIC — DALLAS— ERANCH Mr. James R. Nuse, P.E. June lb, 1988 Page 2. P.3 stand presently, National Surety Corporation is responsible for both to the extent of that part of the contract completed by Wood. The completing contractor will be responsible for the portion done by them, However, we requested of Evans, and will of Capitol if they do the work, a proposal be made by them under which they would assume the entire responsibility so there would be no conflict should a problem arise under each of the obligations. We hope to have this matter worked out soon. You mentioned to us the City had withheld funds from the last progress estimate paid to Wood to cover some bills he owed. These were to be paid by Joint check issued by the City. We ask you to now pay those funds to National Surety Corporation so we can pay the creditors if such is our obligation. Also, please furnish us with the information you have relating to of the bills. We assure you that if you proceed as we have outlined here: 1. None of your existing rights under our bond SC5243502 executed by National Surety Corporation, as surety, and W.L. Wood Excavation, as principal, will be impaired thereby. 2. None of your rights will be impaired by payments made by you to the completing contractor even though your entire fund relating to this contract is paid out. It is understood, however, the cost of completion based upon the preceding agreement will not cause this to occur. 3. National Surety Corporation will investigate and pay all of those labor and material bills covering items furnished to W.L. Wood Excavation prior to default. However, our agreement to pay these bills is dependent upon the creditors imposing liability on the surety as provided by Article 5160, V.A.C.S. of the State of Texas. 4. Liquidated damages applicable to the Wood contract have not yet been determined. Such will be worked out between National Surety Corporation and the City of Round Rock upon completion of the work by the completing contractor. Those damages chargeable to W.L. Wood Excavation terminated as of the date of default, being May 31, 1988. Any additional liquidated damages chargeable to the project will be the responsibility of the completing contractor. IIt is not the purpose of this letter to enlarge or diminish the obligations of 'any of the parties under the original contract and bond. It is to assure you that you are not prejudicing any of your existing rights to have the work completed for the amount proposed by W.L. Wood Excavation. Neither is it JUN 10 '88. 13:35 FFIC — DALLAS ERANCH Mr. James- R. Nuse, P.E. June. 10, '1988 Page 3 intended to enlarge, diminish or otherwise modify the existing rights of any third party nor is it intended for the benefit of any third party. Yours very truly, NATIONAL SURETY CORPORATION By: enry�tes T B I15 P.4 June 8, 1988 Mr. Jim Neuse Director of Public Works City of Round Rock 221 E. Main Ave. Round Rock, Texas 78664 RE: Main Street and Circle Drive Round Rock Dear Mr. Neuse: CONTRACT ITEMS: ITEM DESCRIPTION • NON CONTRACT ITEMS: 1 . 2. CCD 3. 5. DESCRIPTION Fix Ponding Areas Rip Rap Wall to SW Brush 'Haul Off Spoil Haul Off Manhole Repairs il S CONSTRUCTION J. C. Evans is pleased to submit the following prices on the above referenced project based on plans and specifications prepared by Haynie, Kallman and Gray and the site visit of June 7, 1988 with Haynie, Kallman and Gray inspector Terry Cox. 1.` (44) Blacktop Drive 845 sy 2. (45) Single Course 3373 sy 3. (29) 2 1/2 HMAC (Subgrade) 6275 sy 4. '(30) 1 1/2 HMAC (Subgrade) 5278 sy 5. (25) Pilot Channel 1695 if 6: (16) Headwalls 2 ea 7. (19) Valves and Manholes 3 ea 8. (14) Valves & Manholes Adjusted 6 ea 9.` (28) Regrade Channel 600 sy 10. (36) Sidewalk Ramp 1 ea 11. ( 4) 1" Water Service 15 if 12. ( 2) 6" Water Line 1 is QUANTITY PRICE 7.50 2.50 4.40 3.20 9.00 725.00 475.00 100.00 0.63 200.00 11.50 2075.00 TOTAL $ 6,337.50 8,432.50 27,610.00 16,889.60 15,255.00 1,450.00 1,425.00 600.00 378.00 200.00 172.50 2,075.00 $ 80,825.10 UNIT QUANTITY PRICE TOTAL 1000 sf 0.65 $ 650.00 200 sf 4.00 800.00 200 cy 5.00 1,000.00 1000 cy 4.80 4,800.00 3 ea 400.00 1,200.00 P.O. Box 9647 • Austin, Texas 78766 • (512) 454 -5162 F ' 6 :• Regrade and Hydromulch• 7. Redo Headwall 8. CCD Tie in channel to riprap 9. Engineering 10. (3A) Subgrade Prep 11. (4A) Subgrade Prep & Base If we can be of any further assistance please contact me at 454-5162. Respectfully submitted, J. C. EVANS EXCAVATION CO., INC. Duane B. McGlauflin Division Manager 850 sy 1 ea 500 sf 1 is 6275 sy 5278 sy 1.50 725.00 1:00 1200.00 1.00 2.50 1;275.00 725.00 500.00 1,200.00 6,275.00 13,195.00 $ 31,620.00 • 1,1 * � >� 0 • * * SITEWORK • PAVING CONTRACTORS Q « s P.O. BOX 1301 AUSTIN, TEXAS 78767 • (514) 440.1717 J * June T 13, * 1988 Mr. Jim Nuse City of Round Rock 214 E. Main Street Round Rock, Texas 78664 Re: Main Street - Circle Drive Street and Drainage Improvements Dear Mr. Nuse: As we discussed on the telephone, Capital Excavation Company proposes to complete the referenced project for a total price of $160,378.20. I have attached a list of items to be completed. This list includes items from the original contract yet to be completed along with additional items we feel need to be done. We have tried to identify all work necessary to complete the job, however, should any additional items come up, we will need to add them thru a change order. This price does not include a warranty, testing, as built drawings, staking, cut sheets or relocation of any existing utilities or structures. We did not include a price for change order No. 2, item C2A46 or the 1" water service due to lack of information. We did not include a price for adjusting fire hydrants or water meter boxes as we were told no adjustment was necessary. We did not include adding any base on Circle Drive as we were told it would not be necessary. I would appreciate your comments or decision as soon as possible. Should you have any questions, I can be contacted at 440 -1717. Sincerely, L EXCAVA Thomas E. Chene Construction Manager TEC /df cc: James E. Bradley File N COMPANY Sitework • Excavation • Streets • Parking Areas No. Item Quantity Unit Bid Amount ' 1 S" WAIF Z 1-4,.4 I4 S 3(P S / F 2- (" Wan i- n. 4 I; n L-F :i 2 Sca VILE uHE 135 L. A I SER..vice 1,-; E $Z LF S 3 /4" SF 4vIC - E LJ 12.. if ..5 " £D 0 0— (i 8 - 14pPir -lC Sc-EFJE w VAWE 1 FA ' .1 (," r. P.'G <. F6 4 - t/AL./E 4 Fh f; 6" GA•t� vA-L_v IR F/ 9 (p" 'GA.•re VALVE 16 EA to 4" (s4Y e VALVE. 1 EA 1I 2 VAl -vF.S :i EA 300 - 9 0 q -- Ia SI /,- - - F ,r. +4- - r / n FA. 13 FIw V-\`(V2A+ -1T I I v -- - 14 V/AYP? VP.LVF Arr/FS Yo 1lE Al?krh1 (. (A 150 - 9 . 0 0 — I,- •?Et- oo.e -r0 WhrKE2 MG -rr:re 1 F-d. 300 - 0 0 — 11< C, -r l 1:oN Err- r.wu -C 5 - I2I o . -n-t 1 (o'' WASYFWArYEZ UN6 Z3• LF . IS V✓A rFv 1-1,o 1 EA 19 FxtS'rttJ2+ MA*INOLF - ro Zi E AO�JS"CE+S 3 1=�. 4.50 - / 3 ..S0 2o I f', 7..e.- &So L at 13 "X2-. Ct-iA". 1o 3 LF 22_ 12 CHI l I 'i'i LF . 23 FYJS7‘6 19 " >zGF 7o YC ZCY1o4ED +- 2catAr-EU . , 35 LF Z4 Col.+ .-tom 12.il l'...47 NEAD.f' --- - 1,4-1 • EA, G•F 500 9- — / / 5 5 L 0 5 0 5 — — 25 - P11. o c4-14.r- 4r -rE GV Y77 n4 1I.IL .3 F-A _Zip 21 4 1 Pz D S7ov -I-1 SEWE L 1 - • I FA 7R (''24C -3,- yF.rt -LACE 'r",114 H 7.-50 1S 7 50 / p O 1 5 za 7 /2 " P ,,,,..-r i'oZ-o sY 4/00 2_8 85580 30 1'/7." AS '1- eY--1 s a 2 10 s-r SY 4 to 2- 1 (0 3 9 8 0 31 I0' - 13,Asc 3 • 1AdctASS1 F I E m. Si2.EET 'E77GAu1A•rlor4 5 4-e , • I21 S.�( 33 SYAt-It 1 L,.J•e.6 y_9, '5 9 LF LF • C, -- t-1 ,, . F.c,,,, P °eS •!, \06y/6t- - 4o(0 (n SY EA ,,_ 3(a N/•e -It C'.AT ".AMPS h.• •y <: . - tY• AUSTIN • VC AA A A C7.A■ ) 1). 11 T CA AAVI\ 1 1r AA L AI 1 A Estimate (or Ntb ri r-4 1 2 Ivr SY2F 'Y-M •j�T.a.i• -°- IHPRO✓0. MGNr3 rojcct No. 44K. -' a .Jo7. No . tom. - !tin Time Allowed 1?5o ! -na' / /..r 300 /t:>4.--e Engineer t.Iv-(lylF. GnA With CITY OF o0✓�1? 2otl1 • Letting Date 1.1NF 1 1G 13'7 2: 00 Check Required 5 Y.rn Estimated by Cites ktd by No. Item . quantity Unit Bid Amount • 'S1 ": AZ&./L- St•k -' 1; oo 9) s' 5 / 50 5 5 4 4 — `iP, P.• 9 r10 ,1Pt - ��K a Qf. -ALT PAvCHJT 't' V -rKt 1 S5 L 'F 4 — - 1 ¢ 0 — 39 rOa./ sn.�c: 4Er•10 JAt_- +- ^,-��er.A t 2.a I LF 4 - 8 0 4- 4,i � >,,-) ?Fr v'.4., SI Into 4-0 5�( SY L F EA Z oo 8 2 $r", O O 2 • — 4 .r/...i .r- (2411-4 wr' Tt••n• 41... •1=ei -4 E •-c• rz 43 7.Ft-tx'A-rE.D Ste t1 ?o };E 8 /0 5 0 S 0 To Es•si+«, o .os-r • 8 9 3 3 6/ 0 I4%.1 'JTE&S OF V1ORK : REAt 4 RELAY CMIo Q .S" 94.5'0 - 1 LS c1•0 - 9 s 0 REAAOVE E.kir-r. SAD& PILE cykusH PILE 1 LS 3560 - 3 5 o o — 1ZE•kow . As PH4L? RE RAoE. CI LE E ! Ls 5703 - 5 1 0 0 — 1 SmICV•r R;_+aoVt 250 - / 2 S 0 • — AD r1 IlecESSM9 RASE`(' RASc(MAIU ST,) .5750 .5.Y. a 35 /3 5 / z So PLAcc'roP$O(l.. 4 2EuE-6E'rA 8 s. i. I (00 1 3 Co 4 S 0 D FINAL, 1 Ls", 85.10 00 S 5 3 0 0 a / C 'r LFAmLoo ShJ6r_F l_1ouKSE Su2FACE 4Th C& f - 3373 S.Y. 3 2.0 / 0 - 7 1 3 la 0 RF.GRADE l)/t\VEwAYS oN Cio. E. DR.WE. X30o S,t/, 10 5'0 q 4- s 0 0 0 - rRF>~ RorECTIot.N - 3 384 e4, LP" Soo S oo "15 • L 2 S Z 6 o6 0 o Q 00 • NEAnEA. CUlb - C, 0. t4 I 'Tarr^, L. NE.w 1-rE, k r `! 1 0 4 2/ 0 5 • TOTAL. Co S T S / 6037 8 Z O • r , . 4• V] • AUSIIN • Estimate for 14* N •ojecl No. ' Time Allowed With Lctting Date Check Rcquircd Engineer Estimated by Checked by • •. ....T -' ._• - ... • - • - ..