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R-09-06-25-11A1 - 6/25/2009
RESOLUTION NO. R -09-06-25-11A1 WHEREAS, the City of Round Rock has previously determined in Resolution No. R -08-12-18-7F2 that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for the remodel of the City Hall Business Center Complex, and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determines that Fazzone Construction, Inc. is the offeror which offers the best value for the City, and WHEREAS, the City Council now wishes to enter into a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with Fazzone Construction, Inc., Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That, after advertising for and receiving proposals from offerors, the City of Round Rock hereby finds that Fazzone Construction, Inc. is the offeror which offers the best value for the City. BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with Fazzone Construction, Inc. for the remodel of the City Hall Business Center Complex, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. 0:\wdox\SCC1nts\0112\0905\MUNICIPAL\R90625A1.DOC/rmc The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 25th day of June, 2009. ATTEST: 5t/V7tAL.4thiA7E7 SARA L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document Al 01 -1997 1997 Edition -Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 0 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. AGREEMENT made as of the ( ) day of in the year 200 . (In words, indicate day, month and year) BETWEEN the Owner: (Name, address, other information) and the Contractor (Name, address, other information) The Project is: The Architect is: (Name, address, other information) Owner and Contractor agree as follows: 00161419/jkg City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Fazzone Construction, Inc. 2008 Windy Terrace Cedar Park, Texas 78613 Demolition and complete interior remodel of two-story building of approximately 20,000 square feet, which remodeling shall include electrical, plumbing and HVAC replacement. The subject building is known as the "Business Center" and is located at 231 East Main Street, Round Rock, Williamson County, Texas. KA Hickman Architects 1517 East Palm Valley Boulevard Round Rock, Texas 78664 EXHIBIT 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 8. 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. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL 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. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a Notice to Proceed.) Date of commencement shall be fixed in a Notice to Proceed issued by Owner. If, prior to the commencement of the Work, Owner requires time to file mortgages, mechanic's liens and other security interests, Owner's time requirement shall be as follows: Unless the date of commencement is established by a Notice to Proceed issued by Owner, Contractor shall notify Owner in writing not less than five (5) days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. In no event shall Work be commenced if Owner does not issue written approval. 3.2 The Contract Time shall be measured from the date of commencement fixed by the Notice to Proceed. 3.3 Contractor shall achieve Substantial Completion of the entire Work no later than Two Hundred Seventy (270) calendar days from issuance by Owner of Notice to Proceed. (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) 3.4 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 Seven Hundred Fifty and No/100 Dollars ($750.00) 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 harm that would be caused to Owner cannot be reasonably forecast because it would include business disruption to Owner in addition to loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates. Thus, the liquidated damages set forth herein and above will cease to be assessed under the Contract Documents after thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, and Owner shall 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. 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 ONE MILLION TWO HUNDRED THIRTY-TWO THOUSAND AND NO/100 DOLLARS ($1,232,000.00), 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 and are hereby accepted by Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) ALTERNATE # 1 - Addition of wood wall covering. $ 22,000.00 4.3 Unit prices, if any, are as follows: Not applicable. ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Architect and Owner by Contractor, and Certificates for Payment issued by Architect 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 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, or as follows: 5.1.3 Provided that an Application for Payment is received by Architect and Owner, and Architect 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 Architect and Owner after the application date fixed above, payment shall be made by Owner not later than one month days after the Architect 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 Architect and Owner may require. This schedule, unless objected to by Architect or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate 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 follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5%). Pending final determination of cost to Owner of changes in the Work, amounts not in dispute shall may be included as provided in Subparagraph 7.3.8 of AIA Document A201-1997 even though the contract Sum has not yet been adjusted by Change Order; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or f writing), less retainage of five (5) percent. .3 Subtract the aggregate of previous payments made by Owner; and 4 Subtract amounts, if any, for which Architect or Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: 5.1.8 .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the f•" amount ninety-five percent (95%) of the Contract Sum, less such amounts as Architect shall determine for incomplete Work, retainage applicable to such Work and unsettled claims; and (Subparagraph 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997. • (If it is intended prior to Substantial Completion of the entire Work to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.1.61 and 5.1.6 2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) 5.1.9 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 as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a fmal Certificate for Payment has been issued by Architect. 5.2.2 Owner's final payment to Contractor shall be made no later than 30 days after the issuance of Architect's final Certificate for Payment, or -an -fellows: 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 fmal payment shall be treated as non -conforming Work and shall be corrected by Contractor prior to fmal payment and not treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. Ideated: (Insert rate of interest agreed upon, if any.) Undisputed fmal payment due and unpaid under the Contract Documents shall bear interest from the sixty-first (61st) day after the date such undisputed final payment is due at the legal rate prevailing from time to time at the place where the Project is located. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Owner's representative is: (Name, address, other information) 7.4 Contractor's representative is: Larry Madsen Construction Manager 2008 Enterprise Round Rock, Texas 78664 Joseph Faz7one President, Fazzone Construction, Inc. 2008 Windy Terrace Cedar Park, Texas 78613 7.5 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement as set forth in Article 7 of AIA Document A201-1997 (General Conditions), are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement between Owner and Contractor, AIA Document A 10 1-1997, as modified herein. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997, as modified therein. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated October 21, 2008. Document Title Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title Pages 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date 8.1.6 The Addenda, if any, are as follows: Addendum No. 1 dated April 29, 2009 Addendum No. 2 dated April 30, 2009 Addendum No. 3 dated May 4, 2009 Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to Contractor, one to Architect for use in the administration of the Contract, and the remainder to Owner. OWNER CONTRACTOR CITY OF ROUND ROCK, TEXAS FAZZONE CONST CTION, INC. Alan McGraw, Mayor Date Signed: ATTEST: Sara White, City Secretary FOR CITY, APPROVED AS TO FORM: Stephan L. Sheets, City Attorney Joseph F Date Sig Bond #105263832 PERFORMANCE bbND THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: That Fazzone Construction, Inc. of the City of Cedar Park , County of Williamson and State of Texas , as Principal, and Travelers Casually and Surety Company of America 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 One Million Two Hundred Thirty -Two Thousand and no/100dollars ($ 1,232,000.00 ) 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 contract with the Owner dated the day of, 2009 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Demolition and complete interior remodel of two-story building of approximately 20,000 square feet, which remodeling shall include electrical, plumbing and HVAC replacement. The subject building is known as the "Business Center" and is located at 231 East Main Street, Round Rock, Williamson County, TX NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, 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 Contract 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 Contract 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 2 00610- 8/2004 Performance Bond PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, 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 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 200±.. Fazzone Construction, Inc. Principal Joseph Fazzone Printed Name By: Title: Address: 008 Wi J Terrace Cedar Park, TX 78613 Resident Agent of Surety: Signature Robert C Fricke Printed Name 7600B N Capital of TX Hwy., #200 Street Address Austin, TX 78731 City, State & Zip Code Travelers Casualty and Surety Company of America Surety Linda K Edwards Titre: Atty-in-Fact Address: 2700 NE Loop 410 -Suite 125 San Antonio, TX 78217 Page 3 00610- 8/2004 Performance Bond PAYMENT BOND Bond #105263832 THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That Fazzone Construction, Inc. , of the City of Cedar Park, County of Williamson , and State of Texas as Principal, and Trampany velers CasuofAmalteriyca and Surety Coauthorized 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 One Million Two Hundred Thirty -Two Thousand and no/100-- Dollars ($ $1,232,000.00 ) 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 contract with the Owner, dated the day of , 2 00 9, to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting Of: Demolition and complete interior remodel of two-story building of approximately 20,000 square feet, which remodeling shall include electrical, plumbing and HVAC replacement. The subject building is know as the "Business Center" and is located at 231 East Main Street, Round Rock, Williamson County, Texas. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall will and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to thein owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, 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 l 00620 — 7/2003 Payment Bond PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terns of the contract, 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 terns 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 2009 Fazzone Construction, Inc. Principal Joseph Fazz Printed Nai By: Title: Address Cedar Park, TX 78613 Resident Agent of Surety: Signature Robert C Fricke Printed Name 7600B N Capital of TX Hwy., #200 Street Address Austin, TX 78731 City, State & Zip Code Travelers Casualty and Surety Company of America Surety Linda K Edwards Title: Atty-in-Fact Address: 2700 NE Loop 410 Suite 125 San Antonio, TX 78217 Page 2 00620 — 7/2003 Payment Bond TRAVELERS J WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 220310 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 002554936 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint William H. Pitts Jr., John E. Alford, Wesley M. Pitts, James O. Schnell, Steven W. Searcey, Robert C. Siddons, Robert C. Fricke, James F. Siddons, Douglas J. Wealty, Linda K. Edwards, Cynthia Giesen, and April M. Terbay of the City of Austin , State of Texas , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permittedin any actions or proceedings allowed by law. IN WITNESS U HEREOF, the Compapje Jiave caused this instrument to be signed and their corporate seals to be hereto affixed, this day of /Hj g ii Ll/lltiis Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 7th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: Georg. Thompson, senior ice President 7th August 2008 On this the day of, , before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-5-07 Printed in U.S.A. lav 16 C . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, 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 power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company. of America, and United States Fidelity and Guaranty Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this day of , 20 Kori M. Johansdu,(Assistant Secretary To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney -In -Fact number, the above-named individuals and the details of the bond to which the power is attached. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER IMPORTANT N'O'TICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll- free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252=3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htt.p.://wwW..tdi..state.tx..us E-mail: ConsumerProtection@td.iatate.tx:us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN -042-B) Ed. 10.18:07 CERTIFICATE OF LIABILITY INSURANCE PRODUCER: Insurepol,nte of Texas, Inc. 29f14 Ni]JCynft Snitp 60n Hoii. Inn TX 77 57 Phnne: 71 1-964-flO - ajl•,71 3964-0044 INSURED: Fazzone Construction Company, Inc 16719 1juebnar Rd St,i tp 3(17 Sen IAprnn-fn, TY 78748 Phone: 5123-315-W 111't9ai1•517-5.35-371.1 Date: 05/27/2009 TDI number required. Please refer to the Texas Dept of Insurance website: htto:Ilwww.tdi.state.tx.usl D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and In accordance with the provisions of the standard policies used by the companies. and further hereinafter described. Exceptions to the policies are noted below. CO LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ A AUTOMOBILE LIABILITY 02CE19800331 7/26/08 7/26/09 COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LtABILJTY EACHOCCURRENCE $ AGGREGATE $ B WORKERS' COMPENSATION STATUTORY LIMITS AND EMPLOYERS' LIABILITY EACH ACCIDENT SBP0001120588 7/26/09 7/26/09DIsEAsE-POLICY LIMIT. DISEASE- EACH EMPLOYEE PROFESSIONAL LIABILITY BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE $1,000,000 $ 1,000,001x, $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employer& Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the Issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 128384 00650 --1-2008 MEN*�� OF TEXAS • SIGNATURE OFA Typed Name: ga.„ Title: Prpni4Pnt Page 2 J Sing Certificate of Liability Insurance COMPANIES AFFORDING COVERAGE TDI A zii- :. '..1.11 1 :� .,..- '.'I B Texas Mutual Insurance Company 22945 C D THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and In accordance with the provisions of the standard policies used by the companies. and further hereinafter described. Exceptions to the policies are noted below. CO LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE DATE EXPIRATION DATE LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ A AUTOMOBILE LIABILITY 02CE19800331 7/26/08 7/26/09 COMBINED SINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LtABILJTY EACHOCCURRENCE $ AGGREGATE $ B WORKERS' COMPENSATION STATUTORY LIMITS AND EMPLOYERS' LIABILITY EACH ACCIDENT SBP0001120588 7/26/09 7/26/09DIsEAsE-POLICY LIMIT. DISEASE- EACH EMPLOYEE PROFESSIONAL LIABILITY BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE $1,000,000 $ 1,000,001x, $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS/EXCEPTIONS The City of Round Rock is named as additional insured with respect to all policies except 'Workers' Compensation and Employer& Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the Issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78664 128384 00650 --1-2008 MEN*�� OF TEXAS • SIGNATURE OFA Typed Name: ga.„ Title: Prpni4Pnt Page 2 J Sing Certificate of Liability Insurance ACORDTM CERTIFICATE OF LIABILITY rAct u INSURANCEATEI MIDDIYYYY) 05/29/2009 TYPE OF INSURANCE PRODUCER Insurepointe of Texas, Inc. 2909 Hilicroft Ste #600 Houston, TX 77057 713 964-0022 THIS CERTIFICATE IS 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. INSURERS AFFORDING COVERAGE NAIC # INSURED Fazzone Construction Company, Inc. 16719 Huebner Road, Ste. #302 San Antonio, TX 78248 "Ill11=121•A I±GQ INSURER A: Texas Mutual Insurance Company 22945 INSURER B: American Economy Ins Co 19690 INSURER C: EACH OCCURRENCE INSURER D: INSURER E: DAMAGERS (FRaEnNecct 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NERC TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDDIYYL POLICY EXPIRATION DATE IMM/DDIYYL LIMITS GENERAL LIABILITY TO FOLLOW EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGERS (FRaEnNecct $ CLAIMS MADE ■ OCCUR one MED EXP/Any oneperson) 5 PERSONAL & ADV INJURY $ GENERAL AGGREGATE S GENL AGGREGATE LIMITAPPLIES PER: POLICY fl f LOC PRODUCTS - COMP/OP AGG $ 7 B AUTOMOBILE LIABILITY ANY AUTO A!L OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS 02CE1980331 07/26/08 07/26/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 X BODILY INJURY (Per person) $ _ X BODILY INJURY (Per accident) 5 X PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT 5 OTHER THAN EA ACC $ AUTO ONLY: AGO S EXCESS/UMBRELLALIABILITY TO FOLLOW EACH OCCURRENCE 5 OCCUR ■ CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION S S $ S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If Yes, describe under SPECIAL PROVISIONS below SBP0001120588 07/26/08 07/26/09 j� X TORYLIMITS IO E.L. EACH ACCIDENT 51,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 B OTHER Equipment Floater 04CC1479820 02/10/09 02/10/10 DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT !SPECIAL PROVISIONS REF: A New Business Center for the City of Round Rock, 231 Main Street, Round Rock, TX 78664 Project No.: KAH-0760 The City of Round Rock is named as Additional Insured w/respects to the Automobile Liability Policy and provided Waiver of Subrogation under Automobile and Workers' Compensation Policies in favor of City of Round Rock as required by written contract. (See Attached Descriptions) LLATION City of Round Rock Dept of Public Works 2008 Enterprise Round Rock, TX 78664 ACORD 25 (2001108) 1 oft. 0 Days for Non -Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 20 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 80 SHALL IMPOSE NO OBLIGATION OR LIABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE #S128941/M123427 4 111 SMP ® ACORD CORPORATION 1988 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001/08) 2 of Z #S128941/M123427 A`QRbr CERTIFICATE OF LIABILITY INSURANCE DA 5/2812009 PRODUCER Milton O. Johnston and Company, Ltd. P.O. Box 680105 Houston TX 772880105 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICAIE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC 8 INSURED Fazzone Construction Company Inc; Fazzone Builders Inc dba Southwest Monument 16719 Huebner Road *302 San Antonio TX 78248 I INSURER A. AIX SPECIALTY INSURANCE COMPANY A INSURERe: AIX SPECIALTY INSURANCE COMPANY GENERALLiAEILmr X INSURER C MJZ-CL-0020099-0 INSURER!): EACH OCCURRENCE INSURER E: RENTED PREMISES TOoccurrence) COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR USK TYPE OPNBURANCE POLICYMIL6ER DAP MMID0NYTNEyy! POW IEfIJ AryyyTl n 01/24/2010 UMrT$ A GENERALLiAEILmr X COMMERCIAL GENERAL LIABILITY MJZ-CL-0020099-0 01/24/2009 EACH OCCURRENCE $ 1,000,000DAMAG, RENTED PREMISES TOoccurrence) $ 50,000 CLAIMS MADE X OCCUR MED EXP (Any ane person) $ 1,000 X '96 ISO Form PERSONAL &ADV INJURY s 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE UNIT APPUES PER: 7 POUCY [17,9i f LOC PRODUCTS -COMPIOP AGO $ 2,000,000 AUTOMOBLEUABLRY _ ANY AUTO AU. OWNED AUTOS SCHEDULED AUTOS IIREDAUTOS NON -OWNED AUTOS COMBINED SINGLEUNIT (Ea accident) $ BODILY INJURY (Par person) S BODILY INJURY (Per S PROPERTY DAMAGE (Per accident) S GARAGELTABILMY —1 ANY AUTO AUTO ONLY -EAACCIDENT 5 OTHER AN EA ACC TH $ AUTOOM.Y: AGG $ 6 EXCE881UMBREILALJABILTTY )71 OCCUR CLAIMS MADE OEOUCTIBLE RETENTION S 10,000 UJZ-CL-0020011-0 03/31/2009 01/24/2010 EACH OCCURRENCE S 1,000,000 AGGREGATE S 1,000,000 S S S WORKERS OOAPENE TION AND EMPLOYERS' LIABILITY Y! N ANY PROPRIETORdsARTNER EXECUTIVE❑ OFFICEFUMEMBER EXCLUDED? (Mandatory In NH) If y05508016* under SPECIAL PROVISIONS beim WC STATU• `OTH- TORY LIMITS ER E.L EACH ACCIDENT 1 E.L DISEASE - EA EMPLOYEL $ EL DISEASE -POUCYUNIT $ OTHER DESCRIPITON OF OPERATIONS (LOCATIONS 1 VEHICLES f EXCLUSION'S ADDED BY ENDORSEMENT f SPECIAL PROVISIONS Residential & Commercial General Contractor. GL Policy has additional insured endorsement and waiver of subrogation endorsement "Blanket as Required per Written Contract" per forms CG 2033 MJ & CG 2037. Insurance is primary as respects to insureds operations per policy conditions. 30 day Notice of Cancellation except 10 days for non-payment, as per policy conditions. Ref: A New Business Center for the City of Round Rock, 231 Main Street, Round Rock, TX 78864. AIX Specialty Insurance Company NAIC * 12833 CERTIFICATE HOLDER CANCELLATION City of Round Rode 2008 Enterprise Round Rock TX 78864 SNOULDANYOFTLIEABOVEDE$CW BED POLICIES GE CANCELLED BEFORETNEEENRAEOF DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL30 . DAYS VAUTTEI NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LET, BUTFAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR UABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHOR® REPRESENTATIVE ACORD 2542009/01) ®1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2008/01) n 0 3 (D (D N 0 0 0 DJ co N 7 7 O CL Carson, Inc. Roth Construction, Inc. $ 1,340,500.00 I $ 1,340,500.00 r (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $1,210,000/1,340,500x45=40.6 (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $1,210,000/1,300,000x45=41.8 EA is 0 0 0 0 0 0 0 69 is 0 0 0 0 0 0 0 (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $1,210,000/1,286,842x45=42.3 $ 1,286,842.00 I 1 $ 1,286,842.001 $ 1,265,700.00 $ 1,265,700.00 . I 6) 00 N 4) 32 CO A W .. - a ... ... t--- .. .. Total Points FINAL RANKING Ji 0) O B OD O03 DP(0 41 ...r OD CA co O A m Vi W N n 0 3 (D (D N 0 0 0 DJ co N 7 7 O 0 3 < N fD N CD C 0) N (D S. m "'O n m 0 N rt fll m co n 0 • 3 70 DJ -0 m x Dq Workman Commercial Construction B&O Construction Harvey -Cleary Builders $ 1,554,000.00 I $ 1,554,000.00 (Lowest Priced Proposal / Proposers Price) X 45 = Price Score $1,210,000/1,554,000x45=35.0 (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $1,210,000/1,469,000x45=37.0 $ 1,469,000.00 I 1 $ 1,469,000.00 ' (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $1,210,000/1,434,000x45=37.9 $ 1,434,000.00 I I $ 1,434,000.00 (Lowest Priced Proposal / Proposer's Price) X 45 = Price Score $1,210,000/1,379,768x45=39.4 1 $ 1,379,768.00 I 1 $ 1,379,768.001 J 0 (WJ1 O v (p Ca .p 40.3 35 12 36 38 1 41. (Jt co W W W p co co A CD co A Ni LO N J 0 3 < N fD N CD C 0) N (D S. m "'O n m 0 N rt fll m co n 0 • 3 70 DJ -0 m x Dq DATE: June 18, 2009 SUBJECT: City Council Meeting—June 25, 2009 ITEM: 11A1. Consider a resolution authorizing the Mayor to execute a Construction Contract with Fazzone Construction Co., Inc., for the remodeling of the City Hall Business Center Complex. Department: Staff Person: Justification: Engineering and Development Services Tom Word, P.E., Chief of Public Works Operations This agreement provides for construction services to the existing building located at 231 East Main Street. This project consists of interior remodel of approximately 10,000 square feet of the existing 20,000 square foot building. Human Resources will have offices constructed on the first floor and the Finance Department will have offices on the second floor. The remaining square footage on each floor will be available for lease space or future city growth. Funding: Cost: $1,232,000.00 Source of funds: 2002 General Obligation Bonds & General Self Finance Outside Resources: KA Hickman Architects Background Information: Competitive Sealed proposals were received by the City on May 5, 2009 from twelve General Contractors. Fazzone Construction was selected as the number one proposal by the review committee consisting of Keith Hickman, Lacey Lewis of KA Hickman Architects, and Larry Madsen, Pete Dominguez from the City. Fazzone's proposal was the lowest of the twelve received and is within the budget for this project. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document Al 01 -1997 1997 Edition -Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, © 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. AGREEMENT made as of the year 200 4 . (In words, indicate day, month and year) BETWEEN the Owner: (Name, address, other information) and the Contractor (Name, address, other information) The Project is: The Architect is: (Name, address, other information) Owner and Contractor agree as follows: 00161419/jkg t, --O °l - d(o-Z -- W ci ((„ day of A) in the City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 Fazzone Construction, Inc. 2008 Windy Terrace Cedar Park, Texas 78613 Demolition and complete interior remodel of two-story building of approximately 20,000 square feet, which remodeling shall include electrical, plumbing and HVAC replacement. The subject building is known as the "Business Center" and is located at 231 East Main Street, Round Rock, Williamson County, Texas. KA Hickman Architects 1517 East Palm Valley Boulevard Round Rock, Texas 78664 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 8. 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. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL 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. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a Notice to Proceed.) Date of commencement shall be fixed in a Notice to Proceed issued by Owner. If, prior to the commencement of the Work, Owner requires time to file mortgages, mechanic's liens and other security interests, Owner's time requirement shall be as follows: Unless the date of commencement is established by a Notice to Proceed issued by Owner, Contractor shall notify Owner in writing not less than five (5) days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. In no event shall Work be commenced if Owner does not issue written approval. 3.2 The Contract Time shall be measured from the date of commencement fixed by the Notice to Proceed. 3.3 Contractor shall achieve Substantial Completion of the entire Work no later than Two Hundred Seventy (270) calendar days from issuance by Owner of Notice to Proceed. (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) 3.4 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 Seven Hundred Fifty and No/100 Dollars ($750.00) 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 harm that would be caused to Owner cannot be reasonably forecast because it would include business disruption to Owner in addition to loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates. Thus, the liquidated damages set forth herein and above will cease to be assessed under the Contract Documents after thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, and Owner shall 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. 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 ONE MILLION TWO HUNDRED THIRTY-TWO THOUSAND AND NO/100 DOLLARS ($1,232,000.00), 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 and are hereby accepted by Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) ALTERNATE # 1 - Addition of wood wall covering. $ 22,000.00 4.3 Unit prices, if any, are as follows: Not applicable. ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Architect and Owner by Contractor, and Certificates for Payment issued by Architect 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 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, or as follows: 5.1.3 Provided that an Application for Payment is received by Architect and Owner, and Architect 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 Architect and Owner after the application date fixed above, payment shall be made by Owner not later than one month days after the Architect 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 Architect and Owner may require. This schedule, unless objected to by Architect or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall indicate 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 follows: .1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5%). Pending final determination of cost to Owner of changes in the Work, amounts not in dispute shall may be included as provided in Subparagraph 7.3.8 of AIA Document A201-1997 even though the contract Sum has not yet been adjusted by Change Order; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if - _. ._ ,• writing), less retainage of five (5) percent. .3 Subtract the aggregate of previous payments made by Owner; and 4 Subtract amounts, if any, for which Architect or Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: 5.1.8 .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the -full -amount ninety-five percent (95%) of the Contract Sum, less such amounts as Architect shall determine for incomplete Work, retainage applicable to such Work and unsettled claims; and (Subparagraph 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201-1997. (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.1.61 and 5.1.6 2 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) 5.1.9 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 as provided in Subparagraph 12.2.2 of AIA Document A201-1997, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by Architect. 5.2.2 Owner's final payment to Contractor shall be made no later than 30 days after the issuance of Architect's final Certificate for Payment, er-as-follews: 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 not treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 14 of AIA Document A201-1997. 6.2 The Work may be suspended by Owner as provided in Article 14 of AIA Document A201-1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. (Insert rate of interest agreed upon, if any.) Undisputed final payment due and unpaid under the Contract Documents shall bear interest from the sixty-first (61st) day after the date such undisputed fmal payment is due at the legal rate prevailing from time to time at the place where the Project is located. (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 Owner's representative is: (Name, address, other information) 7.4 Contractor's representative is: Larry Madsen Construction Manager 2008 Enterprise Round Rock, Texas 78664 Joseph Fazzone President, Fazzone Construction, Inc. 2008 Windy Terrace Cedar Park, Texas 78613 7.5 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement as set forth in Article 7 of AIA Document A201-1997 (General Conditions), are enumerated as follows: 8.1.1 The Agreement is this executed 1997 edition of the Standard Form of Agreement between Owner and Contractor, AIA Document A 10 1-1997, as modified herein. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AIA Document A201-1997, as modified therein. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated October 21, 2008. Document Title Pages 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement) Section Title Pages 8.1.5 The Drawings are as follows, and are dated unless a different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date 8.1.6 The Addenda, if any, are as follows: Addendum No. 1 dated April 29, 2009 Addendum No. 2 dated April 30, 2009 Addendum No. 3 dated May 4, 2009 Number Date Pages Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to form part of the Contract Documents. AIA Document A201-1997 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to Contractor, one to Architect for use in the administration of the Contract, and the remainder to Owner. OWNER CITY OF ROUND ROCK, TEXAS Alan McGraw, Mayor Date Signed: c.Z.C.Q'i ATTEST: 131A( .14„0411 Sara White, City Secretary FO Y, AP ROVE ' AS TO FORM: Sheets, City Attorney CONTRACTOR FAZZONE r t NST 'yi TION, INC. Joseph F Date Si one, Pres ed: Bond #105263832 PERFORMANCE t OND THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: That Fazzone Construction, Inc. Cedar Park of the City of , Countyof Williamson and State of Texas . , as Principal, and YSurety Company � Travelers Casualty and Com an o1 America 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 One Million Two Hundred Thirty -Two Thousand and no/loodollars ($ 1,232,000.00 ) 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 rincipal has entered int a certain written contract with the Owner dated the 2ej day of V1 R, , 2001 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Demolition and complete interior remodel of two-story building of approximately 20,000 square feet, which remodeling shall include electrical, plumbing and HVAC replacement. The subject building is known as the "Business Center" and is located at 231 East Main Street, Round Rock, Williamson County, TX NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, 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 Contract 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 Contract 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 2 00610- 8/2004 Performance Bond PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, 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 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 , 200_9_ Fazzone Construction, Inc. Principal Joseph Fazzo Printed Na By: Title: Pr Addres Cedar Park, TX 78613 Resident Agent of Surety: Signature Robert C Fricke Printed Name 7600B N Capital of TX Hwy., #200 Street Address Austin, TX 78731 City, State & Zip Code Travelers Casualty and Surety Company of America Surety Linda K Edwards Printed Name By Ax-\ Title: Atty-in-Fact . � S Address:2700 NE Loop 410 -Suite 125 San Antonio, TX 78217 Page 3 00610- 8/2004 Performance Bond PAYMEN3' J3ON D Bond #105263832 THE STATE OF TEXAS COUNTY OF WILLIAMSON KNOW ALL MEN BY THESE PRESENTS: That Fazzone Construction, Inc. , of the City of Cedar Park , County of Williamson , and State of Texas as Principal, and ComTravelerspany ofAmeCasualty caand Surety 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 One Million Two Hundred Thirty -Two Thousand and no/100-- Dollars ($ $1,232,000.00 ) 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 i o a certain written contract with the Owner, dated the 1.&11 day of -0 , 2 00 9, to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Demolition and complete interior remodel of two-story building of approximately 20,000 square feet, which remodeling shall include electrical, plumbing and HVAC replacement. The subject building is know as the "Business Center" and is located at 231 East Main Street, Round Rock, Williamson County, Texas. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall will and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to thein owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, 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. 00620 — 7/2003 Payment Bond Page 1 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terns of the contract, 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 terns of the contract, or to the work to be performed thereunder. IN WITNESS WI-IEREOF, the said Principal and Surety have signed and sealed this Instrument this day of 2009 . Fazzone Construction, Inc. Principal Joseph Faz Printed Na By: Title: Addres z• e :Ar 2008 t indy Terrace Cedar Park, TX 78613 Resident Agent of Surety: Signature Robert C Fricke Printed Name 7600B N Capital of TX Hwy., #200 Street Address Austin, TX 78731 City, State & Zip Code Travelers Casualty and Surety Company of America Surety Linda K Edwards Printed Nam B Atty-in-Fact Address: 2700 NE Loop 410 Suite 125 San Antonio, TX 78217 Page 2 00620 7/2003 Payment Bond TRAVELERSJ WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company Attorney -In Fact No. 220310 St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 002554934 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America are corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint William H. Pitts Jr., John E. Alford, Wesley M. Pitts, James O. Schnell, Steven W. Searcey, Robert C. Siddons, Robert C. Fricke, James F. Siddons, Douglas J. Wealty, Linda K. Edwards, Cynthia Giesen, and April M. Terbay of the City of Austin State of Texas , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in theirbusiness of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESSg I-IEREOF, the Comp j[LUUeNsBBhave caused this instrument to be signed and their corporate seals to be hereto affixed, this day of HA llJJ Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Seaboard Surety Company St. Paul Fire and Marine Insurance Company 7th St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company State of Connecticut City of Hartford ss. By: Thompson. 'enior ice President 7th August 2008 On this the day of before me personally appeared George W. Thompson, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2011. 58440-5-07 Printed in U.S.A. \cf\.0iAlt C . Marie C. Tetreault, Notary Public WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates' toll- free telephone number for information or to make a complaint at: 1-800-328-2189 You may contact the Texas Departrhent of Insurance to obtain information on companies, coverages, rights or complaints a't: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: htt-p://www.tdi.state.tx..us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. (PN -02.2-13) Fd. 10.18.07 CERTIFICATE OF LIABILITY INSURANCE TDI number required. Please refer to the Date: 03/27/2009 PRODUCER: Texas Dept of Insurance website: titto:Ilwww.tdi.state.tx.usl Insurepote of Texas Inc . 7an4 Nillrroft S„ito Inn Rotigtnn TX 77157 hon Pe: 71 '—Q f►4--n01114aJ:71 3—q(, 4—nl/4 INSURED: Fazzone Construction Company, Inc 14719 guahrLar Rd SWi rA 3A9 Ser Apt'onin TX 78948 Phone: 512-33, —41 rail•519—'135-3711 THIS IS TO CERTIFY THAT the insured named above is i..__. „� ,,,a „�,,,�,a,11O, „a.tlo auove wim respect to the business operations hereinafter described, for the types of insurance and In accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MW. EXPENSE (My one person) $ A AUTOMOBILE LIABILITY 02CE19800331 7/26/08 7/26/09 COMBINED SiNGLELIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY EACHOCCURRENCE $ AGGREGATE $ B WORKERS' COMPENSATION STATUTORY LIMITS AND EMPLOYERS' LIABILITY EACH ACCIDENT SBP0001120588 7/26/09 7/26/09D1sEASE- POLICYLIMIT DISEASE- EACH EMPLOYEE PROFESSIONAL LIABILITY BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE $ 1,000,000 $ 1,000,000s, $1,000,000 $ DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMSIEXCEPTIONS The City of Round Rock Is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the Issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78684 128384 00650 --1-2008 SIGNATURE OFA ICEN OF TEXAS Typed Name: can, Title: PrPAident Page 2 1 Si"8 Certificate of Liability insurance COMPANIESAFFORDINGCOVERAGE TDI A ;II" ,..4 .• .. , . .•/ 22945 8 Texas Mutual Insurance Company C D I CO TYPE OF POLICY EFFECTIVE EXPIRATION LTR INSURANCE NUMBER DATE DATE LIMITS GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MW. EXPENSE (My one person) $ A AUTOMOBILE LIABILITY 02CE19800331 7/26/08 7/26/09 COMBINED SiNGLELIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS LIABILITY EACHOCCURRENCE $ AGGREGATE $ B WORKERS' COMPENSATION STATUTORY LIMITS AND EMPLOYERS' LIABILITY EACH ACCIDENT SBP0001120588 7/26/09 7/26/09D1sEASE- POLICYLIMIT DISEASE- EACH EMPLOYEE PROFESSIONAL LIABILITY BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE $ 1,000,000 $ 1,000,000s, $1,000,000 $ DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESISPECIAL ITEMSIEXCEPTIONS The City of Round Rock Is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability'. Should any of the above described policies be cancelled or changed before the expiration date thereof, the Issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager City of Round Rock 221 E. Main Street Round Rock, Texas 78684 128384 00650 --1-2008 SIGNATURE OFA ICEN OF TEXAS Typed Name: can, Title: PrPAident Page 2 1 Si"8 Certificate of Liability insurance Client#: 4518 FAZCO PRACORD,. CERTIFICATE OF LIABILITY INSURANCE Insurepointe of Texas, Inc. 2909 Hillcroft Ste #600 Houston, TX 77057 713 964-0022 THIS CERTIFICATE IS ISSUED A8 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. DATE (MMIDD/YYYY) 11 05129/2009 INSURED COVERAGES Fazzone Construction Company, Inc. 18719 Huebner Road, Ste. #302 San Antonio, TX 78248 INSURERS AFFORDING COVERAGE NAIC # INSURER A: Texas Mutual Insurance Company INSURER B: American Economy Ins Co 22945 19690 INSURER C: INSURER D: INSURER E: 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REf]I Ir.Ff7 BY PAID CLAI S INSR ADM. M ' LTR NSRC TYPE OF INSURANCE POLICY NUMBER DATE (MMIDDrY E DATE ADITYIYOIN LIMITS EACH OCCURRENCE GENERAL LIABILITY TO FOLLOW (MMIO COMMERCIAL GENERAL LIABILITY $ CLAIMS MADE ■ OCCUR DAMAGf TOFa RENTED— PRFM13F3 fanlnenGet $ _ 3 MED EXP (My one Parson) PERSONAL & ADV INJURY $ --J GENt 7 AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE S - COMP/OP AGO $ POLY Imo & LOC B AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUT08 HIREDAUTOS NON -OWNED AUTOS 02CE1980331 07/26/08 07/26/09 COMBINED SINGLE L1MR (Ea accident) $1,000,000 BODILY INJURY (Per parson) $ X X BODILY INJURY (ParaccdnMJ $ PROPERTY DAMAGE (Per accident) S GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S R OTHER THAN EA ACC S AUTO ONLY: AGO EXCESSAIMBRELLA LIABILITY TO FOLLOW EACH OCCURRENCE $ $ OCCUR III CLAIMS MADE DEDUCTIBLE RETENTION $ AGGREGATE S $ A WORKERS COMPENBATIONAND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? 11 Yudescribe under SPECIAL PROVISIONS Wow SBP0001120588 07/26/08 07/26/09 WC STATU- OTH- X ] 1 TORY LIMITS ER $ E.L. EACHACCIOENT 51,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE POLICY OTHER B Equipment 04CC1479820 Floater DESCRIPTION Of OPERATIONS! LO 02/10/09 02/10110 - LIMIT $1,000,000 CATIONS J VEHICLES f EXCLUSIONS AOOED BY ENDORSEMENT I SPECIAL PROVISIONS REF: A New Business Center for the City of Round Rock, 231 Main Street, Round Rock, TX 78664 Project No.: KAH-0760 The City of Round Rock Is named as Additional Insured wlrespects to the Automobile Liability Policy and provided Waiver of Subrogation under Automobile and Workers' Compensation Policies in favor of City of Round Rock as required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER City of Round Rock Dept of Public Works 2008 Enterprise Round Rock, TX 78664 ACORD 25 (2001108) 1 of 2, #S128941/M123427 CANCELLATION 10 Days for Non -Payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 33 CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 40 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO $0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE EISURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 41/ 9. SMP 0 ACORD CORPORATION 1988 ARO CERTIFICATE OF LIABILITY INSURANCE PRODUCER Milton O. Johnston and Company, Ltd. P.O. Box 680105 Houston INSURED c TX 772680105 OAT ( $warm ) 5/28/2009 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY HOLDETHIS ONFERS NO CERTIFICA DOES NOT N THE CERTIFICNE MEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Fezzone Construction Company Inc; Fazzone Builders Inc dba Southwest Monument 16719 Huebner Road 111302 San Antonio TX 78248 INSURER A. AIX SPECIALTY INSURANCE COMPANY NAME 1 INSURER e: AIX SPECIALTY INSURANCE COMPANY INSURER C: INSURER D: INSURER E City of Round Rock 2008 Enterprise Round Rodc ACORD 25 (2009/01) TX 78664 SNOLEDANYOFiHEABOVEOEBCRIBEDPOLNIEBBECANCEILEO BEFORETNEE7IPIWITIOP DATE THEREOF, THE ISSUIMG INSURER WSJ. ENDEAVOR TO MAIL 30 - DAYS Y$UrrEN NOTICE TO THE CERT1RCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO$HALL IMPOSE NO OBLxiAT)ON OR UABIUTY OF ANY KIND UPON THE INSURER, rrs AGENTS OR REPRESENTATIVES. AUTHOR® REPRESENTATIVE 1986-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THE ANY POLICIES. NSR POLICIES REQUIREMENT, MAY PERTAIN, ADM OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR INK TYPE OP MOWER POLICY NUMBER pppp IR ATNIN DA UWE A 0E/GRALUAEa.R' X COMMERCIAL MJZ-CL-0020099-0 01124/2009 01/24/2010 EACH OCCURRENCE $ 1,000,000 GENERALLIABIUTY jPAPAWS X DAMAGE TO RENTED (Es =urero) $ 50,000 X CLAIMS MADE '96 ISO Form OCCUR MED EMP(Any one person) $ 1,000_ PERSONAL IL ADV INJURY $ 1,000,000 CENLAGGREOATE GENERAL AGGREGATE $ 2,000,000 UNIT 7 ( ra SPER: PRODUCTS -OOMP1pPAGG $ 2,000,000 POLICY I i II I LOC AUTOMOBILE —_ UABIUTY ANY AUTO DSINGLE UMIT (Eaac (Es accident) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Par person) $ NRED AUTOS NON -OWNED AUTOS (BODILY INJURY accident) $ PROPERTY DAMAGE inn $ GARAGE UABILnY AUTO ONLY • EA ACCIDENT $ ANY AUTO 7 OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESSIUMBRELLA WIE DY [] UJZ-CL-0020011-0 03/31/2009 01/24/2010 EACH OCCURRENCE $ 1,000,000 OCCUR CLAIMSMAOE AGGREGATE $ 1,000.000 S DEDUCTIBLE 10,000 8 RETENTION S $ WORKERS�EN ANOEMPLOYERS'UABIUTY YIN PROPRIETER WC STATU- TORY LIMITS I 10TH- ER EXCLUEPJEXECUTI, OFFICER/MEMBER EXCLUDED? In N E.L EACH ACCIDENT $ If EieaDeeMandeb:my f E.LDISEASE -EAEMPLOYER $ SPECIAL PROVISIONS Iro6va. EL DISEASE • POUCY UNIT OTHER $ DUMP-RON OF OPERATIONS 1 LOCATIONS I VEHICLES I EXCUJGONS ADDED BY ENDORSEMENT r SPECIAL PROVISIONS Residential & Commercial General Contractor. GL Policy has additional insured endorsement and waiver of subrogation endorsement "Blanket as Required per Written Contract` per forms CG 2033 MJ & CG 2037. Insurance is primary as respects to Insureds operations per policy conditions. 30 day Notice of Cancellation except 10 days for non-payment, as per poNcy condllons. Ref: A New Business Center for the City of Round Rock, 231 Main Street, Round Rock, TX 78684. AIX Specialty Insurance Company NAIC 112833 CERTIFICATE HOLDER ,....__.. ______ City of Round Rock 2008 Enterprise Round Rodc ACORD 25 (2009/01) TX 78664 SNOLEDANYOFiHEABOVEOEBCRIBEDPOLNIEBBECANCEILEO BEFORETNEE7IPIWITIOP DATE THEREOF, THE ISSUIMG INSURER WSJ. ENDEAVOR TO MAIL 30 - DAYS Y$UrrEN NOTICE TO THE CERT1RCATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO$HALL IMPOSE NO OBLxiAT)ON OR UABIUTY OF ANY KIND UPON THE INSURER, rrs AGENTS OR REPRESENTATIVES. AUTHOR® REPRESENTATIVE 1986-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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 Neu of such endorsement(s). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the cerliflcate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2009101) IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-S (2001108) 2 rn 2 #S1289411M123427 Auedwoo Le8 a41 0) N w EA Np� 8 69 8 0 0 0 bp EA 8O 8 69 8 out 'uogon.puo3 woZ{ 4W) w EA 8 H 03 fn 8 0 O 'out 'sig m8 }senna{S w EA 8 EA 8 O co O) In sJo}onusuo0 2115 EA Cri II 0)) co W 0) N 8 8 69 a 8 8 A uogon4suo0 ue6Joyy -m.11 Workman Commercial Construction uogonIsuo0 028 Nr N r bi O 69 `} `i1 N O p y py 8O = _. p 130 nr Q WQ c,08 cor, 8 cr8 p4tel, co CTT o co o O p o tp o2 ti y i N x— >< x— 11 11 11 ca 8 rthi § co 8 a 8 8 8 sjepl n bea10-AaiuBH sJojonusuo0 oose40 A lg CD0. 2 x 2 8 a is 8 8 W O W O W V 8 IV 8 W rn co U1 8 co U1 W W W W Aco m Ja IN Gt N to V ti at $ DNIINVII IVNII