Contract - Prota Construction - 8/8/2014 City of Round Rock, Texas Contract Forms r'
Standard Form of Agreement: Section 00500
City of Round Rock, Texas
Standard Form of Agreement between fi
Owner and Contractor
G �
AGREEMENT made as of the Gf.e.1A-) 8)day ofa S in the year 20 rt:—
BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") I II
221 East Main Street 11
Round Rock,Texas 78664
and the Contractor Prota Construction,Inc.&Prota,Inc.,Joint Venture ("Contractor")
P.O.Box 342195 •
Austin,Texas 78734
The Project is described as: Chandler Creek 1 -Upper Phase Wastewater Lineri
II
The Engineer is: Scott C. Wetzel,P.E.
The Wallace Group,Inc.
One Chisholm Trail,Suite 130 V,
• Round Rock,Texas 78681
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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 I IC
documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the
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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 1
Modifications,appears in Article 7. j,11i
ARTICLE 2 THE WORK OF THIS CONTRACT
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Contractor shall fully execute the Work described in the Contract Documents, except to the extent Ij
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specifically indicated in the Contract Documents to be the responsibility of others.
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00500 8-2012 Page 1 of 5 Standard Form of Agreement
00196575 I 1j
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IARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF
FINAL COMPLETION
1 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.
II
3.3 Contractor shall commence Work within Ten ( 10 ) calendar days
from the date delineated in the Notice to Proceed.
III
3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this
Agreement no later than One Hundred Eighty(Ph.I) (180 ) calendar days from issuance by Owner of
I Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than
Two Hundred Forty(Ph.I&II) (240 )calendar days from issuance by Owner of Notice to Proceed, subject to
adjustments of this Contract Time as provided in the Contract Documents.
I 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
I and No/100 Dollars($500.00 )for each calendar day that Substantial Completion is delayed after the
date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is
entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's
failure to achieve Substantial Completion of the Work(or any portion thereof) on or before the date(s) specified for
I Substantial Completion in the Agreement. It is agreed that the harm that would be caused by such failure, which
includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of
moving and occupancy dates,is one that is incapable or very difficult of accurate estimation. It is hereby agreed that
II if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the
date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect
liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law
and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial
II Completion of the Work(or any portion thereof) in the Agreement shall be subject to adjustment as provided in the
Contract Documents.
3.6 Contractor shall achieve Final Completion of the entire Work no later than Two Hundred Seventy
(270 )calendar days from issuance by Owner of Notice to Proceed.
ARTICLE 4 CONTRACT SUM
II4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the
Contract.The Contract Sum shall be One million three hundred one thousand nine hundred ninety-six dollars&
ll zero cents
($ 1,301,969.00 ),subject to additions and deductions as provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents
Iand are hereby accepted by Owner:
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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
1.1
Payment issued by Engineer and not disputed by Owner and/or Owner's lender, Owner shall make progress
on account
payments 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 an 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 fmal Certificate for Payment. In no event shall final payment be required to be madeprior to thirty30
days after all Work on the Contract has been fullyperformed.Defects in ( t
the Work discovered prior to fmali �
shall be treated as non-conforming Work and shall be corrected by Contractor prior to fmal payment
payment,
be treated as warranty items. and shall not
;
ARTICLE 6 TERMINATION OR SUSPENSION
I,
6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round
Rock General Conditions.
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6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General
Conditions.
ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS
7.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are
enumerated as follows:
7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement
between Owner and Contractor,as modified.
7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as
modified.
7.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project
Manual dated May 2014
7.1.4 The Specifications are those contained in the Project Manual dated May 2014
7.1.5 The Drawings,if any,are those contained in the Project Manual dated May 2014
7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated
May 2014
7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the
Project Manual dated May 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:
Addendum#1 (06/24/14),Contractor's Acknowledgement of Corrected Price
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
City of Round Rock
2008 Enterprise Drive
Round Rock,Texas 78664
8.3 Contractor's representative is: Michelle Borg
Prota Construction,Inc.&Prota Inc.JV
P.O.Box 342195
Austin,Texas 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.
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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.
I8.9 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 CONTRACTO
CITY0 ROUN ROCK,TEXAS Prota 8• Inc.&Prota Inc.JV
Printed Name: Mali McCi-r/tw w Printed . e: kt d7Q/(e &f
Title kn(J\ df
G Y Title:
Date Signed: d' 5,* ( Date Signed: -/g
ATTEST:
City Clerk
FOR f I Y,APP'OVED • S TO FORM:
.41.11111,61
ity Attrrney
Page 5 of 5
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Addendum A
ICITY OF ROUND ROCK,TX
CHANDLER CREEK 1-UPPER PHASE WASTEWATER LINE
PROJECT P22871 BIDDERS ACCEPTANCE OF PRICE
June 26,2014 CORRECTION BY CON TRACTOR
Prete Construction,Inc. INmALS DATE
ITEM I DESCRIPTION I UNIT WY UNIT PRICE AMOUNT
BASE BID PHASE 1
(1) Mobilization iMaximum 10%of total bid).complete in place LS 1 120.000.00 S 120.000.00
(2) Bonding(Maximum 5%of total bid).complete in place LS 1 17.500 00 S 17,500.00
(3) Clearing&Grubbing,Brush 8 Tree Removal.complete n pace LS 1 3,007 00 5 3,000 00
(4) Seeding,Fertilizing&Mulching,complete in place AC 11 2.000.00 S 22.000.00
1 (5) Apply for,Install&Maintain SWPPP(Storm Water Pollution
Prevention Plan).Complete.n place ;,S 1 2000.00 $ 2 000.00
(6) Barricades,Signs&Traffic Handling complete in place LS 1 3.500 00 S 3 500.00
l (7) Testing,Video&Cleaning Services,complete.n place LS 1 7.500 00 5 7 500 00
• Install&Remove Temporary Orange Safety Fencing,complete in
' (8) place
LS 1 2,900.00 S 2 900 00
(9) Install&Remove Temporary Barbed Wire Fencing&Gates complete
in place LS t 22,000.00 5 22,000.00_
(10) Installation and Removal/Clean-up 8"Thick Gravel/Rip-Rap
Surfacing for Staging Area.complete in place SY 11.750 1.50 5 17 625.00
(111 Surface Restoration-Concrete Curb&Gutter.complete.n place LF 80 45.00 ,5 3.600.00
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(12) Surface Restoration-Concrete Sidewalk,complete in pace LF 80 72.00 $ 5.760.00
(13) Surface Restoration-Asphalt,complete in place III
SY 30 96 00 S 2,880.00
(i4) Install New 20'Double Gate,complete HI place EA 1 _ 1.000 00 $ 1,000.00
(1S) Remove and Relocate Existing Double Gate,complete in place EA _ 680 00 $ 68000
(16) Remove Existing and Install New Permanent Barbed Wire Fence,
complete in place '
LF 4.00x; 6.00 S 24,000.00 '
(17) Tunnel Under HP Gas Lines,complete In place EA 2 4.000 00 5 8,000.00 I'
(16) Trench Excavation Safety Systems,complete in place LF 5.254 1.50 S 7,881 00
(19) Install Manhole Delineator Posts with MH Signs,complete in place EA 17 186.00 5 3,162.00
(20) Install Manhole Bollards,complete in place EA 17 400.00 $ 6,800.00
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(21) 12"Clean-out Assembly,complete In place EA 2 1,300.00 S 2,600.00
(22) 12"PVC SDR-26 Stub-out(by Open Cut),complete.n place LF 10 1.700.00 S 17,000.00
(23) 18"PVC SDR-26 Sewer(by Open Cut),depth 8'to 12',complete in ��
place LF 3,060 85_00 $ 260.100.00
(24) 18"PVC SDR-26 Sewer(by Open Cut),depth 12'to 16',complete in
place LF 913 90.00 $ 82.170.00
(25) 18"PVC SOR-26 Sewer(by Open Cut),depth 16'to 20',complete in it :
place LF 57 95.00,S 5,415.00 li
(26) 18"PVC SDR-26 Sewer(by Jack,Tunnel er Bore,Including 30"Steel,
Encasement Pipe),complete in place LF 114 500.00 S 57.000.00
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(27) 21"PVC SDR-26 Sewer(by Open Cut,depth 0'-81 complete In place LF 570 95 00 S
54,150.00 ,i
(28)
21"PVC SDR-26 Sewer(by Open Cut,depth 8'-12,complete in place LF 540 100.00 5 54,000.00
(291 New Connection to Existing 18"Sewer,complete in place EA 1 2.600.00 S 2.600.00
(30) Standard Manhole,4-foot dia.With Bolted Lid(depth <8'), complete )1
.n place EA 17 4.500.00 5 76,500.00
(31) Additional 4-foot dia.Manhole Extra Depth(depth>8'), complete in
place VF 57 300.00 5 17,100.00
(32) Manhole Vent Assembly complete in piace EA 6 3.500.00 $ 21.000.00
(33) Cement Stabilized Backfill,complete in place LF 82 400 00 5 32.800.00
(34) 18"PVC SDR-26 Sewer(By Open Trench Construction,Including 30" I
Steel Encasement Pipe),complete In place LF 114 300.00 5 34 200.00 1 I '
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TOTAL BASE BID(Items 1 thru 34)PHASE I CONSTRUCTION rS 998,420.00 L 1, •1. i , '
1,111..
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22871-Chandler Creek t-Upper Phase Wastewater Line I�
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CONTRACTOR'S ACKNOWLEDGMENT
OF CORRECTED PRICE
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CITY OF ROUND ROCK,TX
CHANDLER CREEK 1-UPPER PHASE WASTEWATER LINE
PROJECT#22871 BIDDERS ACCEPTANCE OF PRICE
CORRECTION BY CONTRACTOR
June 26,2014
IProta Construction,Inc. INITIALS DATE
ITEM I DESCRIPTION I UNIT QTY UNIT PRICE AMOUNT
BASE BID PHASE 1 -
(1) Mobilization(Maximum 10%of total bid),complete in place LS 1 120,000.00 $ 120,000.00
1111 (2) Bonding(Maximum 5%of total bid),complete in place LS 1 17,500.00 $ 17,500.00
(3) Clearing&Grubbing,Brush&Tree Removal,complete in place LS 1 3,000.00 $ 3,000.00
(4) Seeding,Fertilizing&Mulching,complete in place AC 11 2,000.00 $ 22,000.00
Ill (5) Apply for,Install&Maintain SWPPP(Storm Water Pollution
Prevention Plan),Complete in place LS 1 2,000.00 $ 2,000.00
(6) Barricades,Signs&Traffic Handling,complete in place LS 1 3,500.00 $ 3,500.00
(7) Testing,Video&Cleaning Services,complete in place LS 1 7,500.00 $ 7,500.00
11 Install&Remove Temporary Orange Safety Fencing,complete in
(8) place LS 1 2,900.00 $ 2,900.00
(9) Install&Remove Temporary Barbed Wire Fencing&Gates,complete
in place LS 1 22,000.00 $ 22,000.00
(10) Installation and Removal/Clean-up 8"Thick Gravel/Rip-Rap
Surfacing for Staging Area,complete in place SY 11,750 1.50 $ 17,625.00 .
(11) Surface Restoration-Concrete Curb&Gutter,complete in place LF 80 45.00 $ 3,600.00
1 �i/j+1
I (12) Surface Restoration-Concrete Sidewalk,complete in place LF 80 72.00 $ 5,760.00 �a/ �,
(13) Surface Restoration-Asphalt,complete in place SY 30 96.00 $ 2,680.00
(14) Install New 20'Double Gate,complete in place EA 1 1,000.00 $ 1,000.00 f
(15) Remove and Relocate Existing Double Gate,complete in place EA 1 680.00 $ 680.00
(16) Remove Existing and Install New Permanent Barbed Wire Fence,
complete in place LF 4,000 6.00 $ 24,000.00
(17) Tunnel Under HP Gas Lines,complete in place EA 2 4,000.00 $ 8,000.00
(18) Trench Excavation Safety Systems,complete in place LF 5,254 1.50 $ 7,881.00
(19) Install Manhole Delineator Posts with MH Signs,complete in place EA 17 186.00 $ 3,162.00
(20) Install Manhole Bollards,complete in place EA 17 400.00 $ 6,800.00
(21) 12"Clean-out Assembly,complete in place EA 2 1,300.00 $ 2,600.00
(22) 12"PVC SDR-26 Stub-out(by Open Cut),complete in place LF 10 1,700.00 $ 17,000.00
(23) 18"PVC SDR-26 Sewer(by Open Cut),depth 8'to 12',complete in
place LF 3,060 85.00 $ 260,100.00
' (24) 18"PVC SDR-26 Sewer(by Open Cut),depth 12'to 16',complete in
place LF 913 90.00 $ 82,170.00
(25) 18"PVC SDR-26 Sewer(by Open Cut),depth 16'to 20',complete in
place LF 57 95.00 $ 5,415.00
' (26) 18"PVC SDR-26 Sewer(by Jack,Tunnel or Bore,Including 30"Steel
Encasement Pipe),complete in place LF 114 500.00 $ 57,000.00
(27) 21"PVC SDR-26 Sewer(by Open Cut,depth 0'-8'),complete in place LF 570 95.00 $ 54,150.00
I (28)
21"PVC SDR-26 Sewer(by Open Cut,depth 8'-12'),complete in place LF 540 100.00 $ 54,000.00
(29) New Connection to Existing 18"Sewer,complete in place EA 1 2,600.00 $ 2,600.00
I (30) Standard Manhole,4-foot dia.With Bolted Lid(depth <8'), complete
in place EA 17 4,500.00 $ 76,500.00
(31) Additional 4-foot dia.Manhole Extra Depth(depth>8'), complete in
place VF 57 300.00 $ 17,100.00
I (32) Manhole Vent Assembly,complete in place EA 6 3,500.00 $ 21,000.00
(33) Cement Stabilized Backfill,complete in place LF 82 400.00 $ 32,800.00
(34) 18"PVC SDR-26 Sewer(By Open Trench Construction,Including 30"
Steel Encasement Pipe),complete in place LF 114 300.00 $ 34,200.00
2 (�
TOTAL BASE BID(Items 1 thru 34)PHASE I CONSTRUCTION 998,423.00 - -. e%��!
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I22871-Chandler Creek 1-Upper Phase Wastewater Line Page 1
CITY OF ROUND ROCK,TX
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CHANDLER CREEK 1-UPPER PHASE WASTEWATER LINE BIDDERS ACCEPTANCE OF PRICE
PROJECT#22871 CORRECTION BY CONTRACTOR
June 26,2014
II
Prota Construction,Inc. • INITIALS DATE
BASE BID PHASE 2
(35) Bonding(maximum 5%of total bid),complete in place LS 1 $ 17,500.00 $ 17,500.00 '
(36) Clearing&Grubbing,Brush&Tree Removal,complete in place LS 1 $ 800.00 $ 800.00 .iii �(/
(37) Seeding,Fertilizing&Mulching,complete in place AC 3.59 $ 2,300.00 $ 8257.00 _ .7
�/-
(38) Apply for,Install and Maintain SWPPP(Storm Water Pollution /
Prevention Plan),complete in place LS 1 $ 1.00 $ 1.00
I( (39) Testing,Video&Cleaning Services,complete in place LS 1 $ 3,400.00 $ 3,400.00
(40) Install&Remove Temporary Orange Safety Fencing,complete in •
• place LS 1 $ 701.00 $ 701.00
(41) Trench Excavation Safety System,complete in place LF 1,926 $ 2.00 $ 3,852.00
I (42) Install Manhole Delineator Posts with MH Signs, complete m place EA 5 $ 186.00 $ 930.00
(43) Install Manhole Bollards,complete in place EA 5 $ 400,00 $ 2,000.00
(44) 12"PVC SDR-26 Stub-out(by Open Cut), complete in place LF 20 $ 1,600.00 $ 32,000.00
(45) 12"Clean-out Assembly, complete in place EA 2 $ 1,500,00 $ 3,000.00
II (46) 18"PVC SDR-26(by Open Cut,depth 12'to 16', complete in place LF 729 90.00 $ 65 610.00
(47) 18"PVC SDR-26(by Open Cut,depth 16'to 20',complete in place LF 681 95.00 $ 64,695.00
(48) 18"PVC SDR-26(by Open Cut,depth 20'to 24',complete in place LF 516 $ 100.00 $ 51,600.00
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(49) Standard Manhole,4-foot dia.With Bolted Lid(depth<8'),complete in
place EA 4 $ 4,500.00 $ 18,000.00
(50) Drop(12")Manhole,4-foot dia.With Bolted Lid(depth<8),complete
in place EA 1 $ 5,000.00 $ 5,000.00
I (51) Additional 4-foot dia.Manhole Extra Depth(depth>8'),complete in
place VF 64 $ 300.00 $ 19,200.00
(52) Manhole Vent Assembly,complete in place EA 2 $ 3,500.00 $ 7,000.00
(53) Delete/Omit 12"Clean-out Assembly from Phase 2 EA 1 No Bid No Bid
I J ��TOTAL BASE BID(Items 35 thru 53)PHASE II CONSTRUCTION 303,546.00 /
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I TOTAL PROJECT COST $ 1,301,969.00
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1.Item#12-Contractor bid$2,160,00
2.Total Base Bid Ph 1(1-34)-Contractor bid$994,823.00
I 3.Item#37-Contractor bid$2,3C
300.00
4.Total Base Bid Ph 2(35-53)Contractor bid$297,589.00
5,Total Project Cost-Contractor bid$1,292,412.00
' By initialing the indicated corrections,Prota Construction Inc.&Prota Inc.,JV,acknowledges the contract price has been changed to reflect the corrected amounts as per their signed bid of June 26,2014,
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I22871-Chandler Creek 1-Upper Phase Wastewater Line Page 2
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PERFORMANCE BOND
Bond No. 09067466
THE STATE OF TEXAS §
III COUNTY OF WILLIAMSON
§
§ KNOW ALL BY THESE PRESENTS:
I That PnCta Jointruction, Inc. & Prima the City of Austin , County of
Travis
, and State of Texas , as Principal, and Fidelity fand Deposit
authorized under the law of the State of Texas to act as surety on bonds Foor"`gnn�Cipais Mare�fieand
id
I and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of
One million three hundred one thousand nine hundred ninety-six dollars & zero cents
Dollars ($ 1,301,969.00 ) for the payment whereof, well and truly to be made the said
IPrincipal and Surety bind themselves, and their heirs, administrators, executors, successors and
assigns,jointly and severally, by these presents:
IWHEREAS, the Principal has entered into certain written Agreement with the Owner dated the
Q,'h- day of S4- , 20 14to which the Agreement is
hereby referred to and made a part hereof as ly and to the same extent as if copied at length
Iherein consisting of:
Chandler Creek 1 - Upper Phase Wastewater Line (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
IIobserve 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
Idefects 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
IImeaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation
shall be void; otherwise to remain in full force and effect;
CPROVIDED, 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.
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I 00610 7-2009
00090656 Performance Bond
I Duplicate Original
PERFORMANCE BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the term of the Agreement, or to the Work performed thereunder, or the Plans,
Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the Agreement, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument
this day of , 2014 .
Prota Construction, Inc. & Prota, Inc. ,
Joint Venture Fidelity and Deposit Company of Maryland
Principal . _ Suret
�- Y
- a Kimberly J. Smith
Printed Name V Printed Na e
By: _ SAW By:
Title: /
Title: Attorney-In-F t
Address: P.O. ,:ox 342195 Address: 1001 Summit Blvd. #1700
AusF n, Texas 78734 Atlanta, GA 30319
Resident Agent of Sure :
Signature
Insurica/Kimberly J. Smith
Printed Name
19450 State Highway 249 Ste. 550
Street Address
1111 Houston, TX 77070
City, State & Zip Code
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Duplicate Original
Page 2
00610 7-2009 Performance Bond
00090656
PAYMENT BOND
Bond No. 09067466
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
ThatProta Construction, Inc. &
rota Tnr. , .Vint Ventura , of the City of Austin County of
Travis , and State of Texas as Principal, an fidelity and Deposit
authorized under the laws of the State of Texas to act as Surety on Bonds for Principals are held land
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
I the right to sue upon this bond, in the penal sum of
One Million Three Hundred One Thousand Nine Hundred Sixty-Nine & no/1DXjllars
($ 1,301,969.00-- ) for the payment whereof, well and truly be made the
ill said Principal and Surety bind themselves and their heirs, administrators, executors, successors,
and assigns,jointly and severally, by these presents:
IIWHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated
the 41-- day of -itj/i -jt- , 20 14, to which Agreement is
hereby referred to and made a part hereof as fi y and to the same extent as if copied at length
® herein consisting of: Chandler Creek 1 -Upper Phase Wastewater Line
(Name of the Project)
H 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,
eall 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
IIeffect.
PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253,
iiTexas 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.
II
m
II
Page 2
I 00620 7-2009
00090656 Payment Bond
UUpiicate Original
I
PAYMENT BOND (continued)
Surety, for value received, stipulates and agrees that no change, extension of time, alteration or
addition to the terms of the Agreement, or to the Work performed thereunder, or the plans,
specifications or drawings accompanying the same shall in anywise affect it's obligation on this
bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be performed thereunder.
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument
this day of , 20 14
Prota Construction, Inc.. & Prota, Inc. , Fidelity and Deposit Company of Maryland
Joint Venture
Principal , Surety
• ; Kimberly J. Smith
Printed Name r Printed Nam
Pao
By: ®� By: � Z ti-42,z2
Title. �r
..•� Title' Attorney-In act
Address: P.O.' Box 342195 Address: 1001 Summit Blvd #1700
Austin TX 78734 Atlanta, GA 30319
Res'de Agent of Surety:
Signature
Insurica/Kimberly J. Smith
Printed Name
19450 State Highway 249 #550
Street Address
Houston TX 77070
City, State & Zip Code
Page 2
00620 7-2009 Payment Bond
00090656
Uupiicate^<)rigirseai
II' CERTIFICATE OF LIABILITY INSURANCEDATE(MM/DD/YYYY)
7/8/2014
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
IICERTIFICATE 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 be endorsed. If SUBROGATION IS WAIVED, subject to
Ithe terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT LeSa May, CIC
INSURICA PACNNO.Ext1: (800)331-8959 FAX
(A/C.No):($66)652-9367
1111 3721 Executive Center Dr # 200 Mass, y lma @INSURICA.com
RE
INSURER(S)AFFORDING COVERAGE NAIC#
Austin TX 78731 INSURER A:Continental Casualty Company 20443
IIINSURED INSURER BAmerican Casualty Co. of 20427
Prota, Inc. INsuRERc:Travelers Property Casualty Co 25674
Prota Construction, Inc. & Prota Inc. JV INSURER D:Transportation Insurance 20494
[k P. 0. Box 342195 INSURERE:
Austin TX 78734 INSURERF:
COVERAGES CERTIFICATE NUMBER:14/15 GL, Auto, WC, Umbr 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
It
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP
LTR INSR WVD POLICY NUMBER (MM/DD/YYYY) (MM/DDNYYY) LIMITS
I GENERAL LIABILITY
EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PREMISES(Ea occurrence) $ 100,000
A CLAIMS-MADE X OCCUR 5091756112 4/28/2014 4/28/2015 MED EXP(Any one person) _ $ 5,000
II PERSONAL&ADV INJURY _ $
1,000,000
GENERAL AGGREGATE $ 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
7 POLICY I I.17E0 n LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) $ 1,000,000
B X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED SCHEDULED 5091756143 4/28/2014 4/28/2015 BODILY INJURY(Per $
AUTOS AUTOSIll ( )
NON-OWNED - _
X HIRED AUTOS X PROPERTY DAMAGE
AUTOS (Per accident) $
Underinsured motorist $ 1,000,000
X UMBRELLA LAB X OCCUR EACH OCCURRENCE $ 5,000,000
I C EXCESS LIAB CLAIMS-MADE
AGGREGATE $ 5,000,000
DED X RETENTION$ 10,000 ZUP15N7599314NF 4/28/2014 4/28/2015 $
WORKERS COMPENSATION WC STATU- 0TH-
D AND EMPLO ERS'L ABILITY Y/N v I TORY LIMITSI I ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? N/A 1,000,000
(Mandatory in NH) 5093357438 4/28/2014 4/28/2015 E.L.DISEASE-EA EMPLOYEE $ 1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000
1,DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required)
Project: Chandler Creek 1 Upper Phase Wastewater Line
SEE ATTACHED.
,CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS.
City Manager
221 E. Main Street AUTHORIZED REPRESENTATIVE
Round Rock, TX 78664
Devin Stewart/LMAY ,'(t�r. #
,G ,u :d`
ACORD 25(2010/05) C/11,9.88-2010ACORD CORPORATION. All rights reserved.
INSOK fnninnc1 ni The A(_nan'lama and Inn...arra renicfcrerl mrlrc of AI lDr1