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R-12-09-27-G14 - 9/27/2012
RESOLUTION NO. R-12-09-27-G14 WHEREAS, the City of Round Rock has duly advertised for bids for the 2012 Street Maintenance Program (Arterial Repairs) Project, and WHEREAS, J.D. Ramming Paving Co., LLC has submitted the lowest responsible bid, and i WHEREAS, the City Council wishes to accept the bid of J.D. Ramming Paving Co., LLC, Now Therefore t a BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with J.D. Ramming Paving Co., LLC for the 2012 Street Maintenance Program (Arterial Repairs) Project. 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 k. Z hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, t Chapter 551, Texas Government Code, as amended. s RESOLVED this 27th day of September, 2012. E ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk s O:\wdox\SCC1nts\0112\1204\N"ICIPAL\00258459.DOC/rmc i ROUNDROCK,TEW City Council Agenda Summary Sheet PURPOSE PASSION.PROSPERRY. t s Agenda Item No. G14. Consider a resolution authorizing the Mayor to execute a contract with JD Ramming Agenda Caption: Paving Co., LLC for the 2012 Street Maintenance Program (Arterial Repairs) Project. Meeting Date: September 27, 2012 k Department: Transportation Staff Person making presentation: Gary Hudder l Transportation Director Item Summary: The 2012 Street Maintenance Program (Arterial Repairs) is essentially the repair portion of the 2012 Street Maintenance Program (In-Place Pavement Recycling) project for which bids were rejected on August 9, 2012. This project under consideration will provide pavement and concrete repairs along Sam Bass Road, Sunrise Road, A.W. fr Grimes Boulevard, Greenlawn Boulevard, Dell Way, Forest Creek Drive, and Donnell Drive. It is anticipated that a surfacing contract for the referenced roadways will be let in early 2013 with construction to begin in the Spring of 2013. This project continues to maintain and improve our transportation network which supports mobility and € economic development. Three sealed bids were received on September 4, 2012. J.D. Ramming Paving Co., LLC submitted a bid of $1,269,270. Myers Concrete Construction submitted a bid of $1,717,925. APAC-Texas, Inc. submitted a bid of $1,742,995. J.D. Ramming Paving was the low bidder. The estimated for this project prior to the bid was $1,500,000. x J.D. Ramming Co., LLC has performed this kind of work in the past and staff recommends that the contract be awarded to J.D. Ramming Co., LLC in the amount of$1,269,270. Cost: $1,269,270 r F Source of Funds: Type B Corporation Recommended Action: Approval 4 3 { `i THE CITY OF ROUND ROCK Bid Extended By: Bonnie Cordova Transportation Department Print Name 2008 Enterprise Dr. BID TABULATION Bid Opening Date: September 4,2012 Round Rock, Texas. 78664 Bid Opening Location: 2008 Enterprise Drive Liquidated Damages: $500/Calendar Day Project Name: 2012 Street Maintenance No.of Responses: 3 Project(Arterial Repairs) Project Manager: Todd Kelt en Proiect ID: Project Consultant: Danny Halden P.E. Project Duration: Determined by area under the contract BIDDER'S NAME Ramming Paving Inc. Myers Concrete Construction APAC Texas Inc/Wheeler BIDDER'S BUSINESS LOCATION Austin,TX Wimberle ,TX Round Rock,TX BIDDER SEUTUTY— YES YES YES STATEMENT OF SAFETY EXPERIENCE? YES YES YES ADDENDUM(S)ACKNOWLEDGED? N/A N/A N/A , , a .�" _� �`+Ik`�,r,�,. , ",'•'��, r - APPROX UNIT UNIT UNIT ITEM UNIT QTY. PRICE COST PRICE COST PRICE COST Pavement Repair Ton 8,645 $120.00 $1,037,400.00 $175.00 $1,512,875.00 $164.00* $1,417,780.00* Minor Pavement Repair Ton 150 $150.00 $22,500.00 $225.00 $33,750.00 $250.00 $37,500.00 Manhole Adjustment EA 5 $650.00 $3,250.00 $1,000.00 $5,000.00 $600.00 $3,000.00 Valve Can Adjustment EA 3 $450.00 $1,350.00 $1,000.00 $3,000.00 $550.00 $1,650.00 R&R Concrete Curb&Gutter LF 1,870 $56.00 $104,720.00 $50.00 $93,500.00 $61.50 $115,005.00 R&R Reinforced Concrete Sidewalk SF 4,160 $15.00 $62,400.00 $10.00 $41,600.00 $16.00 $66,560.00 R&R Reinforced Concrete Driveway SF 200.0 $24.00 $4,800.00 $16.00 $3,200.00 $30.00 $6,000.00 R&R Reinforced Concrete Valley Gutter SF 100.0 $36.00 $3,600.00 $25.00 $2,500.00 $55.00 $5,500.00 Traffic Control MO 3 $7,500.00 $22,500.00 $5,000.00 $15,000.00 $28,000.00 $84,000.00 Ketlectorized Pavement Markings , 00 GRAND TOTAL: J$1,269,270.00* 1 $1,717,925.00 $1,742,9 i—.0 0—* *Adjusted upon tabulation � J �" � � z 3 � � z � O w � � J X °C v O w 4 Oo �- t : City of Round Rock. Texas Contract Forms Standard Form of Agreement: Section 00500 (SM) i s City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor for Street Maintenance Proiects s AGREEMENT made as of the 4u X y of NJNe"IZZ,42-f in the year 2012. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Ramming g Pavin Co. ("Contractor") ) 9020 N Capitol of Texas Hwy ; Austin,Texas The Project is.described as: 2012 Street Maintenance Progam(Arterial Repairs) u Ik The Engineer is: City of Round Rock G `s I 1 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary I 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 Documents,and are as fully a part of the Contract Documents as if attached to this Agreement or repeated herein. In the event of any conflict within or between Contract Documents, this Agreement shall have precedence over any others and the terms hereof shall prevail over any other terms. 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 7. 00500 7-2010 Page 1 of 6 Standard Form of Agreement ` 00196575 Standard Form of Agreement(SM) 00500(SM)4-2012 00248737 d t k t t ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work, and any individual part or portion of the Work, described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. The Work of this Contract shall be as enumerated in Exhibit"A," attached hereto and incorporated herein by reference for all purposes. It is contemplated that the Work of this Contract will consist of multiple areas which , are independent subsets of the whole Work of this Contract, with work on each such area to be commenced, r prosecuted, and completed in accordance with the timelines and requirements delineated in this A any work in other areas is undertaken. Agreement before F ARTICLE 3 ISSUANCE OF INDIVIDUAL NOTICES TO PROCEED; DATE OF COMMENCEMENT OF INDIVIDUAL AREAS; DATE OF SUBSTANTIAL COMPLETION OF INDIVIDUAL AREAS; DATE OF FINAL COMPLETION OF INDIVIDUAL AREAS 3.1 The date of commencement of the Work on the first Area shall be the date fixed int he first ce to Proceed issued by Owner relative to such Area. The date of commencement of the Work for eachsubsequent Area shall be the date fixed in the Notice to Proceed associated with such individual Area. 3.2 Owner reserves the right, in its sole and unfettered discretion, to issue separate Notices to Proceed tied to different Areas of the Work, and may issue Notices to Proceed in any order or sequence it deems appropriate, and may issue such Notices to Proceed prior to or subsequent to others, but not simultaneous with others. Contractor may make a timely written request of Owner, supported by adequate documentation justifying the request, to prosecute the Work according to a specific preferred order or sequencing; however, Contractor expressly ,F acknowledges and agrees by signature hereon that Owner has no obligation whatsoever to grant such request, and a' that Owner has sole and unfettered discretion in ordering the sequencing of Work. 3.3 Upon Substantial Completion of the Work for an individual Area, Owner shall not issue the next Notice to Proceed on another individual Area sooner than one (1) calendar day following Substantial Completion of the previous Area, and Owner may take a maximum of ten (10) calendar days to issue the next Notice to Proceed. Contractor may make a timely written request of Owner, supported by adequate documentation justifying the request, to have Owner issue the next Notice to Proceed on another Area sooner than the time specified in this Article 3.3; however, Contractor expressly acknowledges and agrees by signature hereon that Owner has no obligation whatsoever to grant such request,and that Owner has sole and unfettered discretion in ordering the timing ' and sequencing of the Work. t , IC 3.4 The Contract Time for each individual Area shall be measured from the date delineated in the Notice to Proceed associated with such Area until Final Completion of the individual Area. 3.5 Contractor shall commence the Work associated with each individual Area within five (5) calendar days from the date delineated in the Notice to Proceed associated with such Area. s 3.6 Contractor shall achieve Substantial Completion of the items of Work listed on Exhibit "A" for each individual Area no later than the number of calendar days delineated in Exhibit "A" for such individual Area, subject to adjustments of Contract Time as provided in the Contract Documents. 3.7 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)listed on Exhibit "A" for each individual Area on or before the date(s) specified for Substantial Completion for such individual Area in the Agreement, a breach shall have occurred and as a consequence Contractor shall pay to Owner, as liquidated damages,the sum of Five Hundred and No/100 Dollars t Page 2 of 6 t 5 i ($500.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion of such individual Area. 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 x failure to achieve Substantial Completion of the Work (or any portion thereof) listed on Exhibit "A" for each individual Area 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 facilities and rescheduling of utilization dates, is one that is incapable or very difficult of accurate k y estimation. It is hereby agreed that if Substantial Completion of the Work(ur any portion thereof)listed on Exhibit i "A" for each individual Area is not achieved on or before thirty(30)days after the date(s)Specified for Substantial Completion in the Agreement, Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without € limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work (or any portion thereof) listed on Exhibit "A" for each individual Area in the Agreement shall be subject to adjustment as l provided in the Contract Documents. k i 3.8 Contractor shall achieve Final Completion of the Work of each individual Area no later than the number of 1 calendar days delineated in Exhibit"A"for such individual Area. f ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the 1 Contract. The Contract Sum shall be One million, two hundred and sixty-nine thousand two hundred and seventy dollars and no cents,($1,269,270.00),subject to additions and deductions as provided in the Contract Documents. r 4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Owner: i 3 E F 2 5F ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender, Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the City of Round Rock General Conditions,and elsewhere in the Contract Documents. k= 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. €, 5t 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th)day of a month, Owner shall make payment to Contractor not later than the tenth(10th)day of the next month. If an Application for Payment is received by Engineer and Owner after thea application date fixed above,,payment shall be made by Owner not later than one month after the Engineer l issues a Certificate for Payment. f 5.1.4 Each Application for Pa s' ' pp 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 s Page 3 of 6 s J h 9 i by such data to substantiate its accuracy as Engineer and Owner may require. This schedule, unless objected to by Engineer or Owner,shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be ' computed as provided in Article 14 of the City of Round Rock General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for x 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 b O Contractor when: y caner to E .1 Contractor has fully performed the Contract except for Contractor's responsibilityto correct Work,and to satisfy other requirements,if any,which extend beyond final payment;and x •2 a final Certificate for Payment has been issued by Engineer. ` 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days 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 shall not be treated as warranty items. i ARTICLE 6 TERMINATION OR SUSPENSION 4 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round Rock General Conditions. 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. { ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: t 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as " modified. p 7.1.3 The Supplementary,pp tary, Special, and other Conditions of the Contract are those contained in the Project Manual dated September 2012 � y r 7.1.4 The Specifications are those contained in the Project Manual dated September 2012 7.1.5 The Drawings,if any,are those contained in the Project Manual dated September 2012. i i Page 4 of 6 r } 1 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated September 2012. 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the ' Project Manual dated September 2012. f 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated f contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms , 03000,"Federally Required Contract Clauses,as modified. i 7.1.9 Other documents, if any,forming part of the Contract Documents are as follows: Exhibit A S rARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. G 8.2 Owner's representative is: Todd Keltgen Project Manager Transportation Department City of Round Rock 8.3 Contractor's representative is: Scott Gheen Project Manager Ramming Paving Inc. 8.4 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to M1 the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. } s 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner, both parties hereto expressly agree and assert that, in the event of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly, and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. � t 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. f Page 5 of 6 1= s t .._ } . ( } � � ( � { { 810 The parties, b execution ot16sAgreement, bind themselves, me heirs, successors, assigns, and legal emaAtaievafor the full and faithful profrma2othe terms and provisions hereof { This Agreement§entered into aothe day and year first written above and Bexecuted malaest three(3) { original m/ea of whim one is to be delivered to Contractor, oneto Engineer for usei theadministration 0 6c { } : Contract,and the remainder mOwner. > � � \ OWNER CONTRACT R } @ C ROUND OCK TEX �� - LC \ / { } � AA ^ } Printed m r G� Printed x :� - -�4- { Title 2!U "y } Dae! Signed: | 2-0 . Da! Signed: \ } } @ FOR CITY,ATTEST: City Clerk } � \ � [ ) @ FOR Y APPROV &S TO FORM: } ; ( Cty&tt e \ ; � ( [ } @ � ( } � � , ( } ^ } ; & [ ( } � � { ) � ( } & � _ � ( } � \ \ Page 6 0 6 \ } �. { ] �\ { ) �\ ) �\ < i r Bond No.327013774 t PERFORMANCE BOND THE STATE OF TEXAS § i § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § AUSTIN MATERIALS,LLC That DBA RAMMING PAVING COMPANY of the City of Austin M�1uu County of Travis ' , and State of TX , as Principal, and ANCET9(%PANY authorized under the law of the State of Texas to act as surety on bonds for principals, are held I, and firmly bound unto THE CITY OF ROUND ROCK,TEXAS,(Owner), in the penal sum of i One Million Two Hundred Sixty Nine Thousand Two Hundred Seventy 1,269,270.00 and 00/100----- Dollars ($ ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, g and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: WHEREAS,the Principal has entered into a certain written Agreement with the Owner dated the f -- +- �' — day of e (D►JQa'113 2012 to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: 2012 Street Maintenance Program (Arterial Repairs) -- (Name of the Project) NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said I Agreement, agreed and covenanted by the Principal to be observed and performed, including but 4 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 Agreement and occurring within a period of twelve(12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement 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, k 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. r I Page 1 00610 7-2009 Performance Bond 00090656 t PERFORMANCE BOND(continued) Surety, for value received, stipulates and agrees that no change,ge, extens>on of time, alteration or addition to the term of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this t bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement,or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument =` this 11tH day of October 2012 AUSTIN MATERIALS,LLC DBA RAMMING PAVING COMPANY LIBERTY MUTUAL INSURANCE COMPANY Principal Surety x Diana L.Parker PrinXBratfton Printed a e c By. Title: BY. _ ---' Title: Attorney-I t AddAddress: 175 Berkeley Street Boston,MA 02116 Resident Agent of Surety: f. Sign re r Phyllis Ramirez Printed Name 2727 Allen Parkway,Suite 2100 Street Address Houston,TX 77019 City, State&Zip Code 00610 7-2009 Page 2 00090656 Performance Bond s z: Bond No.327013774 a t PAYMENT BOND THE STATE OF TEXAS COUNTY OF Wu,LIAMSON §KNOW ALL MEN BY THESE PRESENTS: AUSTIN MATERIALS,LLC That DBA RAMMING PAVING COMPANY of the City of Austin Travis and State of Tx Count of as Principal, and A O COMPANY 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 ROC workers, laborers, mechanics and suppliers as their interest may appear, all of whoshallhave subcontractors, F the right to sue upon this bond, in all have One Million Two Hundred Sixty Nine Thousand Two Hundred Seventy and 00/100---__ the penal sum Of ($1,2ss,27o.00 ) ars 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 Agreement with the Owner, dated the —4*-2.041n day of hereby referred to and made a part hereof as same20_ extentas if cch opied at Agreement is plength herein consisting of 2012 Street Maintenance Pro am Arterial Re airs s (Name of the Project) 4 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, i all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements ofsaid Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. k 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 4 length herein. f. F' 4 i 00620 7-2009 Page 1 00090656 Payment Bond f. I' t 6: PAYMENT BOND(continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, i specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and this 11th day of October 2012 g sealed this Instrument — k AUSTIN MATERIALS,LLC DBA RAMMING PAVING COMPANY Principal LIBERTY MUTUAL INSURANCE COMPANY Surety r Diana L.Parker Printed to E Printed e By. �� c 3 Title: By: Addre : 16409 Bratton Lane Title: Attorney-In F ct Address: 175 Berkeley Street k Austin,TX 78728 g Boston,MA 02116 r } Resident Agent of Surety: Sig ' re ? Phyllis Ramirez Printed Name 2727 Allen Parkway,Suite 2100 Street Address Houston,TX 77019 j s 1 f G d S t 00620 7.2009 Page 2 00090656 Payment Bond F t E I ACORp® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD"YY 12 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THC i 1 CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIE: BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZ REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. EI IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to -l the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to thl certificate holder in lieu of such endorsement(s). PRODUCERCONTACT (: Alliant Insurance Services, Inc. NAME: 7108 Fairway Drive PHONE 3 Fax Suite 225 EMAIL AIC No799,3307 ADDRESS: III I S Palm Beach Gardens FL 33418 INSURERS AFFORDING COVE'" z INSURED INSURER A; IInsurance SUMMIT INSURER B: arrin mni Liability Co Austin Materials, LLC dba Ramming Paving Company INSURER C: 1 Industrial Asphalt, LLC r n 9020 N Capital of Texas Highway, Suite 250 INSURER D:Commer e and Inds Ins I Austin TX 78759 INSURER E COVERAGES INSURER F CERTIFICATE NUMBER:1074871551 REVISION NUMBER: 1. R THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD I INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRADDL g LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF POLICY EXP A GENERAL LIABILITYMM/DD/YYYY MM/DD LIMITS Y Y 82631509969022 /31/2012 /31/2013 X EACH OCCURRENCE $1,000,000 COMMERCIAL GENERAL LIABILITY A R N CLAIMS-MADE OCCUR PREMI E Ea occurrence $1,000,000 X MED EXP(Any one person) g Contractual Liab $10,000 I( PERSONAL 8ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 € POLICY X PRO- X LOC PRODUCTS-COMP/OP AGG $2,000,000 E COMBINED SIN I AUTOMOBILE LIABILITY $Y AS2631509969032 /31/2012 /31/2013 X ANY AUTO Ea accident $3,000,000 ALL OWNED SCHEDULED BODILY INJURY(Per person) $ AUTOS AUTOS NON-OWNED BODILY INJURY(Per accident) $ I - X E, HIRED AUTOS X AUTOS PROPERTY DAMAGE $ ) Per accident ) s D UMBRELLA UAB X OCCUR $ Y BE61406585 /15/2012 /31/2013 EACH OCCURRENCE $10,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE DED X RETENTION$0 $10,000,000 x C WORKERS COMPENSATION $ AND EMPLOYERS'LIABILITY Y A763D509969012 /31/2012 /31/2013 xWC STATU- 0TH- ANYPROPRIETOR/PARTNER/EXECUTIVE YIN If P I OFFICER/MEMBER EXCLUDED? [ N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory In NH) N yes,describe under E.L.DISEASE-EA EMPLOYE $1,000,000 I DESCRIPTION OF OPERATIONS bek>w E.L.DISEASE-POLICY LIMIT $1,000,000 ( B Contractors Equipment ASIINYOOOOO112 /31/2012 /31/2013 I Policy Limit $25,000,000 Leased/Rented Per Item Limit $2,500,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) RE:City of Round Rock 2012 Street Maintenance Arterial Repairs. City of Round Rock is included as an Additional Insured on a Primary/Non-Contributory basis with respect to the above General Liability and utomobile Policies as required by a written contract. A waiver of subrogation is provided in favor of the Additional Insureds, but only to the extent permitted by law as required by a written contract. No policy will permit cancellation without thirty(30)written notice of cancellation. Group Code:Loc 04 I § ` fRTIFICATE HOLDER �; CANCELLATION z: I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN r City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 East Main Street z Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. M; RD 25(2010/05) The ACORD name and logo are registered marks of ACORD i A�,