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R-95-08-24-13C - 8/24/1995BAKER- AICKLEN E. ASSOCIATES, INC. Consulting Engineers August 21, 1995 Ms. Sharon Prete Director of Park and Recreation City of Round Rock 221 E. Main St. Round Rock, TX 78664 Re: Deepwood Aquatic Center Dear Sharon, Please find attached the contractor's breakdown for providing water and wastewater service to the Deepwood Aquatic Center. These bids were received by the Round Rock Independent School District as a portion of the overall project for construction of their remote parking facilities. The low bid for this project was submitted by Ross Construction, Inc.. We have reviewed the breakdown of their lump sum bid of $48,300.00 for the waterline improvements and the unit prices shown appear to be in order. Regarding the lump sum price bid for the wastewater improvements ($40,800.00) we offer the following comments: 1.) 2.) 3.) On the breakdown the installation of a 2" gas service was included in the breakdown however, it has already been separated in the lump sum bid items. The relocation of approximately 500 linear feet of 3" waterline was included - $7,500.00. This waterline is for the R.R.I.S.D. irrigation system watering the practice fields. The relocation of an irrigation vault was included - $2,000.00. Items 2 and 3 above total $9,500.00 and this amount should be funded by the R.R.I. S.D.. We have spoken to Mr. Tom Phillips with the School District and he has agreed these should be District items. We have reviewed the remaining unit prices for the wastewater line and they appear to be in order. 116 E. Main St.. Suite 206 • Round Rock. Texas 78664 • 512/244 -9620 • FAX 512/244 -9623 Ms. Sharon Prete City of Round Rock Page 2 Therefore, the items bid to be funded by the City of Round Rock are as follows: 1.) Waterline Improvements 2.) Gas Line Extension 3.) Wastewater Line Improvements Total City Funded Amount $83,800.00 If you have any questions or comments, please advise. Sincerely, / 661 A. William Waeltz, P.E. AW W/kl.s cc: Mr. Tom Phillips R.R.I.S.D. $48,300.00 $4,200.00 $31,300.00 This AGREEMENT is made as of the 24th day of August, 1995 AGREEMENT BETWEEN OWNER & CONTRACTOR between the OWNER: City of Round Rock 221 East Main Street Round Rock, Texas 78664 512 - 255 -3612 and the CONTRACTOR: Ross Contruction, Inc. 7500 Highway 71 West Suite 203 Austin, Texas 78735 for the following PROJECT: ADDENDA ISSUED: 1. THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement and any Exhibits attached here to, Conditions of the Contract ( General, Supplementary, and other Conditions ), Bidding Documents, Drawings, Specifications, all Addenda issued prior to execution of this Agreement and all Change Orders and written Modifications issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. Unless otherwise specified, definitions set forth in the General Conditions apply to all other Contract Documents. 11. THE WORK The Contractor shall perform all the work required by the Contract Documents for the following described PROJECT: work is described in the attached pages 1 & 2 from Baker - Aickeln. 1 III. COMMENCEMENT AND COMPLETION The Work to be performed under this Contract shall be commenced upon issuance of the Notice to Proceed, and, subject to authorized adjustments, Substantial Completion shall be achieved not later than 100 day after notice to proceed. Liquidated Damages. h the event the Contractor does not achieve Substantial Completion within the Contract Time, including approved extensions, the Contractor shall pay the Owner, as liquidated damages and not as a penalty, the sum $250.00 dollars per each consecutive calendar day that the performance exceed the authorized Contract Time. This sum is agreed upon as a reasonable and proper measure of damages which the Owner will sustain per day by failure of the Contractor to complete the Work within the time stipulated; it being recognized by the Owner and the Contractor that the injury to the Owner, including the lost use of the facilities, the disruption to the educational process, and the extended administrative resources, which could result from a failure of the Contractor to complete on schedule, is uncertain and cannot be computed exactly. IV. CONTRACT SUM The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change order as provided in the Conditions of the Contract, in current funds, the Contract Sum of $83,000.00 . The Contract Sum is determined as follows: BASE BID: PLUS ALTERNATES ACCEPTED: V. PAYMENTS Based upon applications for payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the General Conditions of the Contract as follows: 2 On or about the last day of each month, ninety -five (95 %) percent of the portion of the Contract Sum properly allocable to labor, materials, and equipment incorporated in the Work, and properly allocable to materials and equipment suitable stored at the site or at some other location agreed upon in writing by the parties up to ten (10) days prior to the date on which the application for payment is submitted, less the aggregate of previous payments made by the Owner. Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor thirty (30) days after Substantial Completion, provided the Work has then been completed, the Contract full performed, and a final Certificate of Payment has been issued by the Architect. Any monies not paid when due to either party under the Contract shall bear interest at the legal rate in force at the place of the Project or at the rate in force at the place of the Project or at the rate established by Tex. Rev. Civ. Stat. art. 601f, whichever is less. err CF rOUJ1 eoe-k1 OWNS BY: 655 Ce I' cft Tn.� CONTRACTOR qkuk PRESIDENT 3 STATE OF TEXAS COMMERCIAL INDEMNITY Insurance Company TEXAS STATUTORY PERFORMANCE BOND (Penalty of this bond must be 100% of Contract amount) COUNTY OF TRAVIS BOND NUMBER BD26153 KNOW ALL MEN BY THESE PRESENTS: THAT ROSS CONSTRUCTION, INC., 7500 HWY. 71W, STE. 203, AUSTIN, TEXAS 78735, (hereinafter called the Principal), as Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF ROUND ROCK, 221 EAST MAIN STREET, ROUND ROCK, TEXAS 78664 (hereinafter called the Obligee) as Obligee, in the penal sum of EIGHTY THREE THOUSAND EIGHT HUNDRED AND NO /100 Dollars, ($83,800.00) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24TH day of AUGUST, 1995, a copy of which is hereto attached and made a part hereof, for DEEPWOOD AQUATIC CENTER, WATERLINE IMPROVEMENTS, GAS LINE EXTENSION AND WASTEWATER LINE IMPROVEMENTS. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform the work in accordance with the plans, specification and contract documents, 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 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21ST day of SEPTEMBER, 1995. ROSS CONSTRUCTION. INC. PRINCIPAL COM ERCIAL INDEMNITY INSURANCE COMPANY As. By (SEAL) SEAL) SCHULER ATTORNRY•IN -FACY, STATE OF TEXAS COMMERCIAL INDEMNITY Insurance Company TEXAS STATUTORY PAYMENT BOND (Penalty of this bond must be 100% of Contract amount) COUNTY OF TRAVIS BOND NUMBER BD26153 KNOW ALL MEN BY THESE PRESENTS: THAT ROSS CONSTRUCTION, INC., 7500 HWY. 71W, STE. 203, AUSTIN, TEXAS 78735 (hereinafter called the Principal), as Principal, and COMMERCIAL INDEMNITY INSURANCE COMPANY, (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF ROUND ROCK, 221 EAST MAIN STREET, ROUND ROCK, TEXAS 78664 (hereinafter called the Obligee) as Obligee, in the penal sum of EIGHTY THREE THOUSAND EIGHT HUNDRED AND NO /100 - - - -- Dollars, ($83,800.00) for the payment of which sum well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the Obligee, dated the 24TH day of AUGUST, 1995, a copy of which is hereto attached and made a part hereof, for DEEPWOOD AQUATIC CENTER, WATERLINE IMPROVEMENTS, GAS LINE EXTENSION, WASTEWATER LINE IMPROVEMENTS. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall pay all claimants supplying labor and material to him or a subcontractor in the prosecution of the work provided for in said contract, 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 of the Texas Government Code and all liabilities on this bond shall be determined in accordance with the provisions thereof to the same extent as if it were copied at length herein. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 21ST day of SEPTEMBER, 1995. ROSS CONSTRUCTION. INC PRINCIPAL By � AL COMM RCI INDEM !ITY I SU ' ' NCE COMPANY By V /SEAL) J•� CHULER, ATTORNEY -IN -FACT Commercial' Indemnity Insurance Company P.O. Box 67 Austin, Texas 78767 State of Texas County of Travis Signed and Sealed at the said Company at Austin, Texas dated this COMMERCIAL KNOW ALL MEN BY THESE PRESENTS: That the Commercial Indemnity Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas, having its principal office in Austin, Texas, pursuant to the following resolution, adopted by the Board of Directors of the said Company on the 12th day of May, 1994, to wit: "Resolved, that any officer of the Company shall have authority to make, execute and deliver a Power of Attomey constituting as Attorney- In -Fact, such persons, firms, or corporations as may be selected from time to time. Be It Further Resolved, that the signature of any officer and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such powers so executed and certified by facsimile signature or facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Commercial Indemnity Insurance Company does hereby make, constitute and appoint W SCHULER OR PAUL CAMERON State of Texas its true and lawful attomey(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, and its act and deed, as follows: The obligation of the Company shall not exceed one million ($1,000,000.00) Dollars. And to bind Commercial Indemnity Insurance Company thereby as fully and to the same extent as if such bond or undertaking was signed by the duly au thorized officer of the Commercial Indemnity Insurance Company, and all the acts of said Attorney(s) pursuant to the authority herein given, are hereby ratified and confirmed. IN WITNESS WHEREOF, the Commercial Indemnity Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. John W. Schuler, President that the Corporation executed it. Commission Expires 8 -6 -97 Ann Bennett, Notary Public y wink+ 1 ... Paul Cameron, Secretary BD 26153 diAtiLue POWER OF ATTORNEY On this 12th day of May, in the year 1994, before me Ann Bennett, a notary public, personally appeared John W. Schuler, personally known to me to be the person who executed the within instrument as President, on behalf of the Corporation therein named and acknowledged to me NOTMV PUBLIC • NNN Til ▪ �mh b Taea�cc CERTIFICATE I, the undersigned, Secretary of Commercial Indemnity Insurance Company, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked: 71 ST day of SF FT sn , 19 95 COMMERCIAL INDEMNITY Insurance Company (formerly Commercial Lloyd's Insurance Company) IMPORTANT NOTICE To obtain information or make a complaint: You may contact John Schuler, President of Operations, whose direct dial number is 512 -444 -7776. You may also fax us information at 512 -440 -0989. You may also call Commercial Indemnity Insurance Company's toll -free telephone number for information or to make a complaint at: 1 -800- 234 -8046 You may also write to Commercial Indemnity Insurance Company : 1507 South IH -35, Austin, Texas 78741. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1- 800 - 252 -3439 You may also write the Texas Department of Insurance: P.O. Box 149104, Austin, Texas 78714 -9104, Fax 512 - 475 -1771. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the company first. 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 of condition of the attached document. C P9/20/95 11:45 $` 512 280 1704 PRODUCER :••,.•aw, THIS CERTIFICATE I8 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE Co AANr CCNT INENTAL CASUAL TT COMBPArn VALLEY FORGE COMPANY TRANSPORTATION C COMPANY 0 Seareey 8 Bilker Agency 1212 Slaughter Lana Peet Austin, Tx 78748 (512) 280 -5194 mums -. .:`. CE LASTED THIS IS TO CERTIFY THAT THE POUC 183 09 INSURANCE BELOW HAVE BEEN 85750 TO THE INSURE) NAMED ABOVE FOR THE POLICY PERIOD PNDICAFED, NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR ETHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED R MAY PERTAIN, THE INSURANCE E AFFORDED BY THE POLICIES 088091895 I HEREIN 8 SUBJECT TO ALL THE TERMS. OCCLUSIONS AND CONDITIONS OF SUCH POLICES. LIMITS SHOWN HAVE BEEN REDUCED BY PALO CLUMS, TYPE OP 4 ETIRANCE co LTN NENNRAL L10.BILJTY AUTOMOBILE LIABILITY ANY AUTO ALL OV.TIE2 Auras SCHEDULED AUTOS A x HIRED AUTOS A © NON -OWNED AUTOS OARAM LIABOITY ANT AUTO PARDNERTEJECUIIVE 8FFICEPS ARE 2055 CONSTRUCTION,INC. 7500 NWT 71 WEST STE 203 AUSTIN, Tx 78735 O COMMEFCML GENERAL LIABILITY CLAIMS MACE © 0(x1254 OWNERS I CONTRACTORS 7507 slams UaWILY UMBRELLA FORE OTHER THAN UMBFEWL X IXCL CITY OF ROUND ROCK 2221 EAST PAIN ST ROUND ROCK, TX 78664 TP9501427325 5W4000567879 ISOMERS COMPENSATION AND INPLOTERE 44114745 1FE PROPAETOR! ^ INCH 47100567878 TOCINPTION OF OPERATIoNEAOCA I HICLESgPEctAL Inge MECI NOUN. PROJECT: IIMDERGRCUND 0711/7185 FOR THE DEEP80(D AQUATIC CENTER SearceY & Dalker » »» NED ROSS POYCVEPIECINE MUM' EITNATION WTI 111114/8551 RAW McVOWW) 07 /25/95 I 07/25/96 07/25/95 07/25/96 07/25/95 I 07/25/96 GENERAL AGGREGATE Ie 1,000 00 PRODUCTS- COMP/CF,N.GfE 1 000,000 PERSONALS ASV INAMTY S 500,000 EACH CCOURRE0 5 500 000 FIRE DAMAGE (wry ono TN 1 50 , 000 NED OCP (Any or parr) 8 5, 000 COMBINED SINGLE UNIT 0 Per BODILY peMee BOD ILY INJURY A:skimp UNIT, PROPERTY DAMAGE I S AUTO ONLY- EA ACOpENT 8 O THER THAN AUTO 0417: EACH ACCIDENT E AGGREGATE S EACH OCCU/SENSE AGGREGATE E EL EACHACOOENT EL 09RFA9E • POLICY OAT A 002 _..... MOULD ANY OF THE ABOVE OEaCRIS® SNO POLICIES <E CAMCelytL RE 8 THE OCPIM110N WW THINEDF, THE 5514X40 COMPANY WILL ENDEAVOR TO MAIL 10 DAYS 412251 NOTICE TO THE CER11F1CAW HOLDER MANED TO THE LEFT, BUT FAILURE TO NAIL OUCH NOTC! SMALL IMPOEE HO 05110.1081 OR LIAW ITT', OF AMy ONO LYON TIE COMPANY, LW ADMIT OR REPIIESENTAnyl0. AuTHORIETO RREPREBENTA110E 500 000 100,00 500,000 EL DISEASE. EA EMPLOYEE E 100,000 Mayor Charles Culpepper Mayor Pro -tem Earl Palmer Council Members Robert Sauko Rod Morgan Rick Stewart Martha Chavez Jimmy Joseph City Manager Robert L Bennett, Jr. City Attorney Stephan L Sheets October 3, 1995 Ross Construction, Inc. 7500 Highway 71 West Suite 203 Austin, TX 78735 To Whom It May Concern: Resolution No. R- 95- 08- 24-13C was approved by the Round Rock City Council on August 24, 1995. Enclosed is a copy of the resolution and an original agreement for your files. If you have any questions, please do not hesitate to call. Joanne Land Assistant City Manager/ City Secretary Enclosure(s) THE CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 512 -255 -3612 Fax 512- 255 -6676 1- 800- 735 -2989 (TDD) 1-800-735-2988 (Voice) Baker- Aicklen & Associates, Inc. Consulting Engineers Contract For: Deepwood Aquatic Center (Underground Utilities) Owner: City of Round Rock, Texas Contractor: Ross Construction Company, 7500 Hwy. 71 West, Ste. 203, Austin, TX., 78735 You are hereby requested to comply with the following changes from the contract plans and specifications: C01-D1 Delete 105 L.F. 2" Gas Service @ $ 40.00/L.F. $4200.00 Totals $4200.00 Net Changes in Contract Price $4200.00 Justification: City of Round Rock requested. The amount of the Contract before this Change Order is Eighty Three Thousand, and 00 /100 Dollars ($ 83,000.00). The Amount of the Contract will DECREASE by the sum of Four Thousand, Two Hundred, and 00/100 Dollars ($ 4,200.00). The CONTRACT TOTAL including this Change Order will be Seventy Eight Thousand, Eight Hundred, and 00/100 Dollars ( $ 78,800.00). The Contract Time will be unchanged. This document will beco i a supplement to the Contract and all provisions will apply hereto. Description of Changes Ross 'onstruction . ( ontractor) City o ck Texas (Owner) CONTRACT CHANGE ORDER NO. 1 L/ -13 C, DECREASE INCREASE Contract Price Contract Price Date: 03/18/97 Sheet No 1 of 1 Job No.: 781 - 501 -11 DATE 3 JOB NO / /7 _ zo 57 / O" _� /- /! ATTENTION L4-1440 9 _ RE: n � , � J"7c" -?'u D /4iIf7c Corr. (tJ do eve, --a (1776,f77ES) 1 BAKER- AICKLEN & ASSOCIATES. INC. Consulting Engineers TO / T7 OF ZUNO f //<!/? cE - P-/ - 7 — WE ARE SENDING YOU ,Attached ❑ Shop drawing ❑ Copy of letter DATE 3/zo /97 ❑ Prints ❑ Change order COPIES NO. ,rzE OEM 1# / THESE ARE TRANSMITTED as indicated: COPY TO' ❑ Overnight ❑ As requested ❑ For approval ❑ For your use REMARKS' Ufv, 7;Y 6 , €6 ,��y ,b E6t/a �y O") / 7& 1 7 /f" 4/4W) H.TJ 7 4; Ems �1 "6 4L' /$ Copes Oatd:utien: Whir° • Client, Yellow - Cont,aWCorre,. Pink - Design Notes, Gold - General. 203 East Main Street, Suite 201 Round Rock, Texas 78664 N IT T ❑ Under separate cover via ❑ Plans ❑ Copies SIGNED' ❑ Samples 0 DESCRIPTION ❑ Courier ❑ For your files If enclosures are not as noted. kindly notify us at once. J(a— the following items: ❑ Mail ❑ Specifications ❑ For your review and comment Phone: 512/244 -9620 FAX: 512/244 -9623 WHEREAS, the City of Round Rock has duly advertised for bids for utility extension improvements for the Deepwood Aquatic Center, and and WHEREAS, the City Council wishes to accept the bid of Ross Construction, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an agreement with Ross Construction, Inc. for utility extension improvements for the Deepwood Aquatic Center, a copy of said agreement being attached hereto and incorporated herein for all purposes. RESOLVED this 24th day of August, 1995. ATTEST: WHEREAS, Ross Construction, Inc., has submitted the best bid, E LAND, City Secretary K; \RESOLOTI \RS50824C.WPD /sls RESOLUTION NO. R- 95- 08- 24 -13C CHARLES CULPLPPER, Mayor City of Round Rock, Texas DATE: August 22, 1995 SUBJECT: CITY COUNCIL MEETING, August 24, 1995 ITEM: 13.C. Consider a resolution authorizing the Mayor to enter into an agreement with Ross Construction for Deepwood Aquatic Center utility improvements. STAFF RESOURCE PERSON: Sharon Prete STAFF RECOMMENDATION: APPROVAL ECONOMIC IMPACT: Utility extensions (water /wastewater /gas) are required for the construction of the Deepwood Aquatic Center. RRISD and City staff agreed that is was in the best interest of both parties to combine the parking lot, road and utilities into one bid package. The school district bid the project and awarded a contract to Ross Construction, Inc. Now, the city must enter into an agreement with Ross Construction, Inc. for its portion of the contract which totals $83,800.00. The construction costs are higher than estimated. The balance will be funded from the project contingency account in anticipation of a budget amendment at a later date.