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R-2014-1242 - 3/27/2014RESOLUTION NO. R-2014-1242 WHEREAS, the City of Round Rock has duly advertised for bids for the Reuse Waterline Improvements, Phase 4A (College Park Drive) Project; and WHEREAS, Aaron Concrete Contractors, LP has submitted the lowest responsible bid; and WHEREAS, the City Council wishes to accept the bid of Aaron Concrete Contractors, LP, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Aaron Concrete Contractors, LP for the Reuse Waterline Improvements, Phase 4A (College Park Drive) 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 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 27th day of March, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112.1404,00294796 w mm0 PI (D O5 9 N _ a• w 3 i4 Connect New 6 -inch Irrigation Line to Existing Irrigation 13 Wet Connection to Existing 16 -inch Reclaimed Water Line 12 Cement Stabilized Sand Encasement for 6 -inch Pipe 11 Cement Stabilized Sand Encasement for 16 -inch Pipe 10 2 -inch Combination Air Release Valve 9 6 -inch Gate Valve 8 16 -inch Gate Valve 7 6 -inch Ductile Iran Pipe 6 16 -inch Ductile Iron Pipe 5 16 -inch PVC Pipe 4 Trench Safety Systems (approx.2,992 LF) 3 Traffic Controls 2 SWPPP and Erosion and Sedimentation Control C7 3 v SQ: N = .� a x 3 43. 3 N m D N m D m D 20 LF fA r T1 2 EA . N m > 0) m D 210 LF A �i 2,718 LF 1 LS 1 LS 1 LS -" r V) c c a C ..?„, N 8 g N p 0 fA pq O 0 N NN 0 S 2,600.00 S 2,600.00 W O 0 (A -CoNp p 0 N p O 8 W O 0 S 2,600.00 S 5,200,00 co pp O 8 (A m O 0 $ 6,200.00 S 37,200.00 $ 90.00 S 18,900.00 W g N O 0 $ 90.00 $ 244,620.00 EA p O 0i (A O O O 0 S 12,000.00 S 12,000,00I 5 5,000.00 S 5,000.00 S 20,000.00 $ 20,000.00 Lobbying Certificate No Unit Price Cost Statement of Bidder's Safety Experience Yes Acknowledge Addenda Yes 03. a .Z_m 0 a D al y Aaron Concrete Contractors $ 4,000.00 $ 4,000.00 $ 3,000.00 $ 6,000.00 5 1,000.00 $ 2,000.00 $ 50.00 5 1,000.00 N 0 a (A (�h O I5 12,000.00 S 24,000.00 (A o 0 El) SN O O (h g V) O S S 5 150.00 5 31,500.00 N o $ co O o $ 90.00 S 244,620.00 5 5,000.00 $ 5,000.00 S 5,000.00 S 5,000.00 S 25,000.00 5 25,000.00 5 22,500.00 $ 22,500.00 Lobbying Certificate Yes Unit Price _ Cost Statement of Bidders Safety Experience Yes ,cknowIedoe Addenda Yes m f]. N C) N .Z co = a ,,o g g Nelson Lewis, Inc. -I 5 10,000.00 S 10,000.00 5 6,500.00 S 13,000.00 $ 2,500.00 S 5,000.00 N o (A 8 8 S 10.00 S 1,150.00 (A O J� 8 (A m S S S 1,150.00 $ 2,300.00 S 9,500.00 $ 57,000.00 250.00 $ 52,500.00 5 300.00 $ 19,200.00 S 78.50 $ 213,363.00 S 3,200.00 $ 3,200.00 S 5,000.00 $ 5,000.00 S 2,000.00 $ 2,000.00 5 23,000.00 S 23,000.00 Lobbying Certificate No Unit Price Cost Statement of Bidder's Safety Experience Yes acknowledge Addenda Yes Bid 8ond Yes Bidder Certification Yes Patin Construction, LLC (f1 N N N N W G 8 S O (n fA C1( d W S S 8 0 0 0 to 00 V1 S 8 (A N 0 0 (A 0) 0 S 12,200.00 5 24,400.00 S 3,000,00 5 6,000.00 (A NN . 8 (A N 0 (A (( 4 p (A N 0 0 (A O 8 (A -. a 8 N N W N 2 0 V) (A W (0 -8 O OO Co 0) W O 8$ 0 0 (A WO VI W 0 0 $ 23,000.00 $ 23,000.00 Lobbying Certificate Yes Unit Price Cost Statement of Bidder's Safety Experience Yes aknowledge Addenda Yes Bid Bond Yes Bidder Certification Yes Smith Contracting Co., Inc. N /A fA N pWpo A O O O S O O N fA (A N Op O (!) lA alo O N EA W S V) N — O O (A (A N O o 0 fA S 0) EA [Oil S 0) (A (O 0 V) (A (A W W O QO 0 `-' 0 v) (A 0pO A 0 V) N f,.) W W NO N O a C -1) 3. C' Statement of Bidders Safety Experience cknowledge Addenda Bid Bond Bidder Certification Central Road and Util NOILV1nevi Ote O 4 i m V. in Fl. P A �< N Fal - ,.,_,:; 0. t.i. .. 3 Lt 2 2, H 0 0 C' 4 TOTAL BASE BID (Items 1 through 20): $ 477,920.00 TOTAL ALTERNATE BID (Items 1 - 20 plus A.1: $ 581,204.00 O1 j n 1 a O: 0 . Fr, .1 of 7 32. 1 i 20 Cleaning and Sweeping Roadway (daily) Al TFRNATF PM ITEM 19 Revegetation 18 Replace Curb and Gutter 17 Patch Pavement 16 Clean, Flush,- Pressure Test & Disinfect Water Line 2,718 LF 0) N C) 10 LF N -< 1 LS $ 38.00 S 103,284.00 rn po O 0 0 w 0 8 8 S 1,800.00 S 5,760.00 S 210,00 S 2,100.00 S 50.00 $ 57,800.00 S 15,000.00 S 15,000.00 I Aaron Concrete Contractors Nelson Lewis, Inc. Bid Bond Yes Bid Bond Yes Bidder Certification Yes Bidder Certification Yes Statement of Bidder's Statement of Bidder's Safety Experience Yes Safety Experience Yes Acknowledge Addenda Yes 4cknowtedge Addenda Yes Lobbying Certificate No Lobbying Certificate Yes Unit Price Cost Unit Price Cost $ 484,478.00 5 601,352.00 $ 43.00 S 116,874.00 $ 2,000.00 S 2,000.00 S 3,500.00 S 11,200.00 $ 100.00 S 1,000.00 $ 18.00 S 20,808.00 W O 8 N O O O co (NJ1 N 01 a OU o O 0 UN to V o O 0 So g (n O 8 4 3,750.00 S 12,000.00 0 o co 8 g $ 28.00 S 32,368.00 $ 5,000.00 $ 5,000.00 Lobbying Certificate No Unit Price Cost Statement of Bidders Safety Experience Yes 4cknowledge Addenda Yes Bid Bond Yes Bidder Certification Yes Patin Construction, LLC N w o 0) at 0 o O W g N ap O � (D A g o 8 0 ( 41 0 8 0 G. o 0 V) 8 on n 0 N rn Statement of Bidder's Safety Ex • - 'ence Yes 4cknowied•e Addenda Yes Lob• in• Certificate Yes Unit Price Cost S 5,000.00 S 5,000.00 Bid Bond Yes Bidder Certification Yes Smith Contracting Co., Inc. N N 8 t0 41 (4 0)A 8 8 Etg o o N N EA m CM O (!1 (4 O co O fn w C .00C 8 (n9 9 O f/1 Statement of Bidders Safety Experience 4cknaMedge Addenda Lobbying Certificate CO a m N - 0 5. -. D 7 D Central Road and Util EXECUTED ORIGINAL DOCUMEN1S FOLLOW ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten ( 10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than n/a ( n/a ) calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than ninety ( 90 ) calendar days from issuance by Owner of Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion 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 one thousand and No/100 Dollars ($ 1,000 ) 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 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) in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than one hundred twenty (2(:_ ) calendar days from issuance by Owner of Notice to Proceed. 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 Five Hundred Eighty One Thousand Two Hundred Four and 00/100. ($581,204.00 ), 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: A.1 16 -inch Ductile Iron Pipe. Page 2 of 5 City of Round Rock. Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the BETWEEN the Owner: and the Contractor The Project is described as: The Engineer is: (c5111— day of .nil PIA, , in the year 20 14 . City of Round Rock, Texas (hereafter "Owner" or "City") 221 East Main Street Round Rock, Texas 78664 Aaron Concrete Contractors, LP 4108 Nixon Lane Austin, Texas 78725 ("Contractor") Reuse Waterline Improvements, Phase 4A (College Park Drive) Baker-Aicklen & Associates, Inc. 507 W. Liberty Avenue Round Rock, Texas 78664 Chris M. Tschirhart; P.E. For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged, Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other 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 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 8-2012 Page 1 of 5 Standard Form of Agreement 00196575 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. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above, payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require. This schedule, unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the City of Round Rock General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a 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. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round Rock General Conditions. Page 3 of 5 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor, as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project Manual dated January 27, 2014. 7.1.4 The Specifications are those contained in the Project Manual dated January 27, 2014. 7.1.5 The Drawings, if any, are those contained in the Project Manual dated January 27, 2014. 7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated January 27, 2014. 7.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, if any, are those contained in the Project Manual dated January 27. 2014. 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000," Federally Required Contract Clauses, as modified. 7.1.9 Other documents, if any, forming part of the Contract Documents are as follows: (1) Addendum #1; (2) Attachment A — Special Technical Specifications; and (3) 03100 - Bureau of Reclamation Standard Terms and Conditions. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: 8.3 Contractor's representative is: Jeff Bell, Project Manager City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Aaron Concrete Contractors, LP Bob Tomlinson. Project Manager P. O. Box 27107 Austin, Texas 78755 8.4 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. Page 4 of 5 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor, subject to proper additions and deductions, all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner, both parties hereto expressly agree and 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. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least three (3) original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the Contract, and the remainder to Owner. OWNER CI '�laND CK, T Printed Name: Title lN' . rr Date Signed: ATTEST: ei4leMtik • (k9010106' City Clerk FOR `i ity Att.' ney , APPRO I AS TO FORM: L CONTRACTOR Rao oc rek. Ceytirathcrs, L P Printed Name: Title: halon &baza. (` 1tra-1 Pai fit-( Date Signed: Page 5 of 5 `iJ3b114- PAYMENT BOND BOND NO.: 58S206416 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That Aaron Concrete Contractors, LP, of the City of Austin , County of Travis ,and State of Texas as Principal, and West American Insurance 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 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 Five Hundred Eighty One Thousand Two Hundred Four and 00/100 Dollars ($ 581,204.00 ) 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 ce written Agreement with the Owner, dated the Go i-- day of Ptfl it , 2014 , to which 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: Reuse Waterline Improvements, Phase 4A (College Park Drive) (Name of the Project) 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, 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 of said Agreement, 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 1 00620 7-2009 00090656 Payment Bond PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 11 th day of April , 2014 Aaron Concrete Contractors, LP Principal halm n C, -be za, Printed N By: Title: " g-e.ne e -(f n u Address: 4108 Nixon Lane Austin, Tx 78725 Resident Agent of Surety: Signature Robert Ja es Nitsche Printed Name 143 E. Austin Street Address Giddings, TX 78942 00620 7-2009 00090656 Page 2 West American Insurance Company Surety Kenneth Nitsche Printed Name By: Title: ttorney-In-Fact Address: 8350 N. Central Expwy., Suite 850 Dallas, Texas 75206 Payment Bond THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND BOND NO.: 58S206416 § KNOW ALL BY THESE PRESENTS: That Aaron Concrete Contractors, LP of the City of Austin , County of Travic , and State of Texas , as Principal, and West American Insurance Company 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 Five Hundred Eighty One Thousand Two Hundred Four and 00/100. Dollars ($ 581,204.00 ) 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 tten Agreement with the Owner dated the ilittr VP"— day of t.V , 2014to 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: Reuse Waterline Improvements, Phase 4A (College Park Drive) (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 Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from 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, 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 1 00610 7-2009 00090656 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 Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 14th day of April , 20 14 Aaron Concrete Contractors, LP Princi • al G fcw L.CIZLt- Printed Nam By: Title: (yahe.ra.i ?ax+r o' Address: 4108 Nixnn Lane, Austin. Tx 78725 Resident Agent of Surety: Signa e RobertJames Nitsche • Printed Name 143 E. Austin Street Address Giddings, TX 78947 City, State & Zip Code 00610 7-2009 00090656 West American Insurance Company Surety Kenneth Nitsche Printed Name By: Title: A r mey-In-Fact Address: 8350 N Central Fxpwy , Snitf. 850 Dallas, Texas 75206 Page 2 Performance Bond 1 1 i i 1 1 1 1 1 1 1 1 1 1 r AARONCON ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYY1')4/21/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. 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). PRODUCER Insurance Network of Texas License # 1894 143 East Austin Giddings, TX 78942-3299 979 542-3666 CONTACT NAME: PHONE 979 542-3666 FAx (AIC, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Wausau Underwriters Insurance C 26042 INSURED Aaron Concrete Contractors, LP P.O. Box 27107 4108 Nixon Lane 78725 Austin, TX 78755 INSURER B : Liberty Insurance Corporation 42404 INSURER C : 08/29/2014 INSURER D : $1,000,000 INSURER E : $ 300,000 INSURER F : $10,000 $1,000,000 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY YV2Z91455188043 08/29/2013 08/29/2014 EACH OCCURRENCE $1,000,000 PREMISES (Ea RENTED $ 300,000 MED EXP (Any one person) $10,000 $1,000,000 CLAIMS -MADE X OCCUR PERSONAL &ADV INJURY X PD Ded:5,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES PRO -LOC JECT PER: $ A AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Drive Oth Car X SCHEDULED AUTOS AUTOSWNED AS2Z91455188033 08/29/2013 08/29/2014 (Ea COMBaccident) INED SINGLE LIMIT $1,000,000 $ BODILY INJURY (Per person) BODILY INJURY (Per accident) $ (Perr accident) ROPERTY AMAE $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE TH7Z91455188023 08/29/2013 08/29/2014 EACH OCCURRENCE $10,000,000 $10,000,000 AGGREGATE $ DED X RETENTION $10000 A WORKERS COMPENSATION EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N y N / A WC2Z91455188013 08/29/2013 08/29/2014 X WC STATU- TORY LIMITS OTH- ERAND E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space's required) Project: Reuse Waterline Improvements, Phase 4A(College Park Drive) -Project # 0601-2-128 As per policy provision, Certificate Holder is listed as additional insured in regard to the auto and general liability policies as provided by additional insured endorsement. A blanket waiver of subrogation endorsement is provided to the Certificate Holder in regard to the auto, general liability and workers compensation policies as per policy provision when required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Round Rock Attn: City Manager 221 East Main Street Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Insurance Network of Texas -L#1894 R.J. Nitsche-TDI#675985 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S511758/M473691 066