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CM-2014-605 - 11/21/2014City of Round Rock I.-Irn'. ROCK Agenda Item Summary Agenda Number: Title: Consider executing a contract with A Plus Asphalt and Concrete, LLC for the Deep Wood Drive Box Culvert Repair Project. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 11/21/2014 Dept Director: Michael Thane, Director of Utilities and Environmental Services Cost: $18,300.00 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: LAF_APlus_DeepwoodDrive_CM11.21.14, DeepWoodFinalBidTab, Map&Pics_Deepwood D rive_C M 11.21.14 Department: Utilities and Environmental Services Text of Legislative File CM -3014-605 In the recent past, a vehicle impact to the guard rail on the Deep Wood Drive Box Culvert at Lake Creek damaged the concrete sidewalk and box culvert. This contract will repair the concrete damage. Because the cost of constructing the repairs is less than $50,000, this project is not subject to competitive bidding statutes. Bids for the work were solicited but the criteria established for selecting a bidder was based on best value for the City and not on bid price alone. Notification of the solicitation for bids was sent to various contractors, including those on the Williamson and Travis Counties HUB list. The solicitation was placed on the City's website and was available for any and all potential bidders. Performance and payment bonds were not requested by the City for this contract; payment will only be made by the City upon satisfactory completion of the work in accordance with the contract documents. The manager of A Plus Asphalt and Concrete, LLC is Mr. Herb Deck, a long time resident and contractor in the City of Round Rock. In 2005, Mr. Deck's previous firm constructed the sidewalk and railing that exists on the culvert today. Based on Mr. Deck's familiarity with this particular box culvert, his previous firm's work of a similar nature for the City, his reputation on previous projects for the City, and the unit prices for the sidewalk and culvert repair items, staff believes the solicitation response received from A Plus Asphalt and Concrete, LLC represents the best value for the City on the project. Staff recommends approval of this contract. Staff recommends approval. CMy ereaun4Rock P.,1 PdnW on 114=14 LEGAL DEPARTMENT APPROVAL FOR CITY COLINCIUCITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: utilities & Environmental Services Project Name: Deep Wood Drive Box Culvert Repair Project Mgr/Resource: Danny Holden Contractor/Vendor: A Plus Asphalt and Concrete, LLC Council Action: Q ORDINANCE Q RESOLUTION Q City Manager Approval CMA Wording Consider executing a contract with A Plus Asphalt and Concrete, LLC for the Deep Woad Drive Box Culvert Repair Project. Attorney Approval dAttorney < Dale % 7 O:\wdox\SCClnts\0199\1446\MISC\00315791.XLS Updated 613/08 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., of the _;91 (50dayof K\CPrn)0nY in the year 201+ BETWEEN the Owner: City of Round Rock, Texas (hereafter "Owner" or "City") - 221 East Main Street Round Rock, Texas 78664 and the Contractor A Plus Asphalt and Concrete, LLC ("Contractor') The Project is described as: Deep Wood Drive Box Culvert Repair The Engineer is: City of Round Rock, Texas 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 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 iviodincations, 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&2012 Page l of Smodard Form of Agreement 00196575 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 ofthis 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 seven (7 ) 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 twelve (12) working {Aawdays 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 ofthe 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 zero and No/I00 Dollars ($ 0.00 ) 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 ofjust 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 -viag 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 dates) specified for Substantial Completion ofthe 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 ofthe entire Work no later than forty (40 ) calendar days from issuance by Owner of Notice to Proceed. ARTICLE4 CONTRACTSUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be Eighteen thousand three hundred and no/100 dollars ($ 18,300.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2---'One Contract Sum is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Owner: Page 2 of 5 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 ofthe Contract Sum to Contractor as provided below, in Article 14 ofthe 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 ofthe 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 ofeach portion ofthe Work as ofthe end ofthe period covered by the Application for Payment. Sr1.6---- 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: .l Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements, ifany, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by Engineer. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty (30) days afterall Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment shall be treated as non -conforming Work and shall be corrected by Contractor prior to final payment, and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round Rock General Conditions. Page 3 of 5 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 Oember 2014 7.1.4 The Specifications are those contained in the Project Manual dated October 2014 7.1.5 The Drawings, ifany, are those contained in the Project Manual dated October 2014 7.1.6 The Insurance & Construction Bond Forms ofthe Contract are those contained in the Project Manual dated October 2014 7.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, ifany, are those contained in the Project Manual dated October 2014 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000," Federally Required Contract Clauses, as modified. 7.1.9 Other documents, if any, forming part of the Contract Documents are as follows ARTICLE 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: Lance Shellenberger, Project Manager City of Round Rock 2008 Enterprise Drive Round Rock Texas 78664 512-218-6609 Ishellenberger@roundrocktexas.gov --8.3 --- - Contractor's representative is: Herb Deck, Manager A Plus Apshalt and Concrete LLC PO Box 6055 Round Rock Texas 78683 512-251-8920 hdecklpgmail.com 8.4 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. Page 4 of 5 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor, subject to proper additions and deductions, all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner, both parties hereto expressly agree and asses 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 constmed in accordance with the laws and coon 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 previsions 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 CITY OF NO ROCK EXAS Printed Name: aT r, Tin1J- e i2N1yn UAin l�TXYYlau rrj� ✓ Date Signed: AT -FEST: Alt— City Clerk I• 1 I I• f � ri ��r » 1 904 Titk: 4o Date Signed: Page 5 of ,AcoRE) CERTIFICATE OF LIABILITY INSURANCE GATE'""LO O � IV1212014 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 cerilgcats holder is an ADDITIONAL INSURED, the policy(I") must be endorsed. N SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endoreemem. A ststement on this cerilficats does not confer rights to the PRODUCER iI LYNNEWEBER INUI, yo.sa I 9123351991 es xe : 512 LYNNE WEBER INSURANCE AGENCY 11754 JOLLYVILLE RD STE 101 EMAIL ADDRESS AUSTIN, TX WSURERS AFFORMNGCONERAGE 78759 INSURERA: ENDURANCE AMERICAN SPECIALTY INS CO INSURER B: FARMERS TX COUNTY MUTUAL INSURED RYAN DECK A PLUS ASPHALT 8 CONCRETE MEO E%P lAny cre pelwn_ _ $ 5,000 PO BOX 6055 IxsURERc_ SCOTTSDALE INSURANCE COMPANY CBC 10002007000 ROUND ROCK. TX 78683 INSURERD: TEXAS MUTUAL INSURANCE _ 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. INSET ED TYPE OF INSURANCE POLICY NUMBER MNDYMYYY M OFF NI CYUP M MYYV LIMITS GENERALLIABILOY EACHOCCURRENCE :$ 1000000 _ PREMISES Eecmmmnm $ 100,000 L GENEMA�L LI ABILITY X OOM MERCIAEI CIAIM MAOE CCWR ��,,,. " MEO E%P lAny cre pelwn_ _ $ 5,000 A CBC 10002007000 0]282014! 07282015 FERSONALa ADVINIURY $1000000 GENERALAGGREGATE 1 $ 2,000,000 _ PRODUCTS CCMPIOPAGG $ 1 GEN' LAGG REGATE LIMI T APPLI ES PER $ PoLICY I PR6 - LOC AUTOMOBILE LMmLOY —" fr Ee s..n11N LE LIMIT 1 BODILY INJURY (Per lnmn) Is ANY AUTO B ALL OVYNEO X SCHEDULED Auros NoN�NNBD X HIRSDAUTOE X 604711654 01/302014 01/3012015 BODILY INJURY IPa�emtlenn $ YlDAMAGE PROPERTY$ E UMBMELLA I.A. OCCUR F— F—EACH OCCURRENCE $1,000,000___ C X EXCESS A.c_uIMS MADE XBS0024266 081082013 08108/2015 AGGREGATE $1,000,000 s DEO RETENTION$ D AND KEPSEMPLOYERSCOMPLIAnoN AND EMPLOYERST.Ix OFFIGEMEmDERREXCLUDED?E%EcunVE O NA �� FA A SBP -0001225838 071012014 07MM015 vc eTATU- mrv. X i T 1 --- EL EACHACCIOEM a 000 EL. DISEASE -EA EMPLOYE $1,000000 1'000 nisidenry in NIU EL. DISEASE POLICY LIMIT I 51,000,000 nFRURI'm°e uoFC rr DESCRIPTION OF OPERATIONS CODA NON51 VEHICLES IAWc° ACORN 101, AdditlpMl MmAMe Schedule, H mon nwe is resume CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED WITH A 30 DAY CANCELLATION NOTICE CITY MANAGER CITY OF ROUND ROCK 221 E MAIN STREET ROUND ROCK, TEXAS 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD