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Contract - Lone Star Paving - 7/26/2018 I I 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" day of AVIV/161-- in the year 201g. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") I 221 East Main Street Round Rock,Texas 78664 and the Contractor 5+&C ("Contractor") (G75 Stto:ttt Q L Sfe 156r Tx '78-751 The Project is described as: 2017 SMP RESIDENTIAL TYPE F OVERLAY PROJECT 4 I The Engineer is: Leah J. Collier,P.E. City of Round Rock 512.341.3318 lcollier aroundrocktexas.gov For and in consideration of the mutual terms, conditions and covenants of this Agreement and all g 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 I The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and nditions),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 111 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. 1 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 4-2016 Page 1 of 5 Standard Form of Agreement breement 00307791 I Ik-1.0(e-ce* 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 Not Applicable ( NA )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 Nine Hundred Seventy and No/100 Dollars($970 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement.It is agreed that the harm that would be caused by such failure,which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement,the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation,the recovery of actual damages.The date(s)specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than One Hundred Twenty ( 120 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall$e Fj Ve , �1 ct rl t SI?C-f(J. - O Wr' Th u_set.r>d PO r Do(1 ars Orel Q ze-r-o Crre-s ($ S O t4.� a H-0, Qp ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No/rN . Yes .If yes,please provide details below: 00500 4-2016 Page 2 of 5 Standard Form of Agreement 00307791 I I 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 Y 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 111 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round Rock General Conditions. I 00500 4-2016 Page 3 of 5 Standard Form of Agreement 1 00307791 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary, Special,and other Conditions of the Contract are those contained in the Project Manual dated MAY 2018 7.1.4 The Specifications are those contained in the Project Manual dated MAY 2018 7.1.5 The Drawings,if any,are those contained in the Project Manual dated MAY 2018 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated MAY 2018 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated MAY 2018 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: NONE 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: �`'-route 1 gen,Project Manager Mike k e r nicer City of Round Rock x)•2.21-8.5583 55(2.- 3( -33c 34- 4 i acker'hai ) roandroc(L ,ezu5•5et:Al 8.3 Contractor's representative is: G.O.c {S�►z co7.74�t VCw1 .co 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. 00500 4-2016 Page 4 of 5 Standard Form of Agreement 00307791 I I 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in Iaccordance 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 Ithe 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 Imore 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 I with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. I8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding,including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. I 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. I 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. 1111 OWNER CONTRACTOR CITY OF ' %i UND 'OCK, 'EXAS t pm e_ S4-ac P.u;.:5 I .411./ ..44f 41211""' Afaigteireill ---- Printed N. e: 1I r NI4 yJ a Printedame: Dee, tiaSt ( �;S� D � Title Title: (',p. 0 Date Signed: g'�J" 'C41:0 Date Signed: 46 ('1/2015 ATTEST: I VAL.Idt)gt-- City Clerk 1 FOR, I Y,AP ROVE 1 AS TO FORM: -,,v vi N `,► O1 1 City Atto ey I 00500 4-2016 Page 5 of 5 Standard Form of Agreement N00307791 I I Bond#30047717 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Asphalt Inc,LLC dba Lone Star Paving Company of the City of Austin , County of Travis , and State of Texas , as Principal, and Continental Casualty 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 Million, Sixty-Four Thousand, Forty Dollars and Zero Cents Dollars ($ 5 x)64,040 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 Agreement with the Owner dated the 23✓DI day of August , 2018to 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: 2017 SMP RESIDENTIAL_TYPE F OVERLAY -.PROJECT 4 (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. • • a • Page 1 F., < =,`Er 00610 7-2009 Performance Bond . ,� FJ.�;�;r `' •. - 00090656 .� I llPERFORMANCE BOND (continued) I 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 I 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 I this 14th day of August , 20 18 L_____ AA 1----A75___ 'rincipal Surety j P Ashalt Inc LLC dba Lone Star PavingCompany Contiental CasualtyCom any Printed Name Printed Name 111 By: �n..L.. Garow-r` By: Jennifer W. Zachry Title: Title: AttorneyIn Fact �s��tin�.fo�" Address: 1(G7S' j-®ll 4;Ile. 2c$,Sit, )oS Address: 151 North Franklin, 17th Floor 111 A,,4-,At-y ` T159 Chicago IL 60606 0 Resident Agent of Surety: c . _ Sisnatre t SK&P INSURANC SERVIC ,0 . , .. Printed Name ,' III 9600 Great Hills Trl #170E Street Address " Austin,Texas 78759 111 City, State &Zip Code P I I I I Page 2 00610 7-2009 Performance Bond 00090656 I I I PAYMENT BOND Bond#30047717 111 THE STATE OF TEXAS § I § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § AsphaltIII Inc,LLC dba Lone Star Paving Copy Austin Thatof the City of County of Travis man , and State of Texas as Principal, and Continental Casualty Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held III and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of II Fjve Million, Sixty-Four Thousand, Forty Dollars and Zero Cents Dollars ($ 5,064,040.00 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, IIand assigns,jointly and severally, by these presents: WHEREAS, the Princjpal has entered into a certain written Agreement with the Owner, dated the 2?j .. day of August , 20 18, to which Agreement is t the same extent as if copied at length hereby referred to and made a part hereof as fully and o p g herein consisting of: 2017 SMP RESIDENTIAL TYPE F OVERLAY - PROJECT 4 (Name of the Project) J ) P 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 P 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. 11 that this bond is executedpursuant to theprovisions of Chapter 2253, PROVIDED, HOWEVER, p Texas Government code, as amended, and all liabilities on this bond shall be determined in III accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. II ,,, ., ,, ..T,,. ,,,,.. ,,,. . , -. 111 Page 1 00620 7-2009 Payment Bond 00090656 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 14th day of August ,20 18. rincipal Surety 111 Asphalt Inc, LLC dba Lone Star Paving Company Contin-ntal Casualty Com Any Printed Name Printed Name By: f L N.) By: Jennifer W Zachry Title: ibu,sfar Title: Attorney In Fact Address: UG?S %t ate_,fek.S&.ta5 Address: 151 North Franklin, 17th Floor q Chicago IL 60606 Resident Agent of Surety: Sign ture 41 c(1, SK&P INSURANCE S 'VICES - ` Printed Name 9600 Great Hills Trl#170E << Street Address Austin,Texas 78759 i Page 2 00620 7-2009 Payment Bond 00090656 ACORE)® DATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 08/17/2018 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME: CLIENT CONTACT CENTER FEDERATED MUTUAL INSURANCE COMPANY PHONE HOME OFFICE: P.O.BOX 328 (A/C,No,Ext):888-333-4949 FAX No):507-446-4664 OWATONNA, MN 55060 AIL ADDRESS:CLIENTCONTACTCENTERI.u��FEDINS.COM INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:FEDERATED MUTUAL INSURANCE COMPANY 13935 INSURED 383-986-7 INSURER B: ASPHALT INC LLC, LONE STAR PAVING INSURER C: 11675 JOLLYVILLE RD STE 150 AUSTIN,TX 78759-4108 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:837 REVISION NUMBER:2 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) (MM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 DAMAGE TO ED CLAIMS-MADE X OCCUR PREMISES Ea occurrence)rr nce) $100,000 MED EXP(Any one person) $5,000 A Y N 9151293 01/19/2018 01/19/2019 PERSONAL&ADV INJURY $1,000,000• GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 X POLICY PELT LOC PRODUCTS-COMPIOP AGG $2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) OWNED AUTOS ONLY SCHEDULED A _AUTOS N N 9151293 01/19/2018 01/19/2019 BODILY INJURY(Per accident) HIRED AUTOS ONLY NON-OWNED PROPERTY DAMAGE AUTOS ONLY (Per accident) X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $15,000,000 A EXCESS LIAB CLAIMS-MADE N N 9151295 01/19/2018 01/19/2019 AGGREGATE $15,000,000 DED RETENTION WORKERS COMPENSATION OTH- ER AND EMPLOYERS'LIABILITY Y/N PER STATUTE ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE If yes,describe under E.L DISEASE-POLICY LIMIT DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) THE CERTIFICATE HOLDER IS AN ADDITIONAL INSURED SUBJECT TO THE CONDITIONS OF THE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU ENDORSEMENT FOR GENERAL LIABILITY. CERTIFICATE HOLDER CANCELLATION 383-986-7 837 2 CITY OF ROUND ROCK SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY MANAGER THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E MAIN ST ACCORDANCE WITH THE POLICY PROVISIONS. ROUND ROCK,TX 78664-5299 AUTHORIZED REPRESENTATIVE 1/4,WitlAd )(tAl © 1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ® AC[DCERTIFICATE CAT E O F LIABILITY INSURANCE DATE(MM/DD/YYYY) ilim....----- 01/05/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLYAND 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 have ADDITIONAL INSURED provisions or 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). I PRODUCER CONTACT NAME: Nicole Peterson Primary Source Insurance Agency Inc A/CNNo.Exit: (800)760-2809 (A/C,No): (877)446-4631 121 E Park Square E-MAIL NLPeterson@fedins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Owatonna MN 55060Texas Mutual Ins Co INSURER A: INSURED INSURER B: Asphalt Inc LLC,DBA Lone Star Paving INSURER C: 11675 Jollyville Rd INSURER D: Ste 150 INSURER E: Austin TX 78759-4108 INSURER F: I COVERAGES CERTIFICATE NUMBER: 18-19 WC 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. II INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD, POLICY NUMBER (MMIDD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY _ $ _ GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG _ $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED '- SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE S AUTOS ONLY AUTOS ONLY (Per accident) $ UMBRELLA LIAR i OCCUR EACH OCCURRENCE $ 1 EXCESS LIAR CLAIMS-MADE AGGREGATE $ _ DED RETENTION$ $ WORKERS COMPENSATION NA PER OTH- AND EMPLOYERS'LIABIIJTYSTATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L EACH ACCIDENT $ 1,000,000 ^ OFFICER/MEMBER EXCLUDED? N/A 0001299829 01/19/2018 01/19/2019 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS belowE.L.DISEASE POLICY LIMIT $ 1,000,000 I • DESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) BLANKET WAIVER OF SUBROGATION APPLIES TO THE WORK COMP POLICY WHERE REQUIRED BY WRITTEN CONTRACT. I CERTIFICATE HOLDER CANCELLATION Il I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN CITY OF ROUND ROCK CITY MANAGE° ACCORDANCE WITH THE POLICY PROVISIONS. 1 221 E MAIN STREET AUTHORIZED REPRESENTATIVE ROUND ROCK TX 78664 Z -1 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Z) BID TABULATI THE CITY OF ROUND ROCK I OFT , Bid Extended By: Cassandra Lee Infrastructure Development and Construction Managenrent �''y'�,••' , Print Name Initials 2008 Enterprise Dr. * ��* id Opening Date: 6!1212018 Round Rock, Texas. 78664 ........................... $it ening Location: 2008 Enterprise Drive ....: ip_ LEAH J. COLUERLiidated Damages: $970/Calendar Days /t�,';• 7192(? . Vo.of Responses: 4 PROJECT NAME:2017 SMP Project 4-Residential Type F Overlay �! V •'O,o Project Manager: Todd Keltgen t���•.�ENgE ••' .• PROJECTID: tlaLA �! Project Con ultant: N/A PROJECT DURATION: 120 Calendar Days `� BIDDERS NAME: Alpha Paving Oldcastle Materials Austin Materials CONTRACTOR'S BUSINESS LOCATION: Round Rock,TX Cedar Park,TX Austin,TX GUARANTEE: BB-Bid Bondi CC-Cashier CheckICTC Certified Check BB BB BB STATEMENT OF SAFETY EXPERIENCE:Y- es N-No Y V Y ADDENDUM(S)ACKNOWLEDGED? Y- es N-No N/A N/A N/A APPROX. UNIT UNIT UNIT ITEM A ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST 1 Type F HMAC 1"Overlay including tack coat 20000 Ton 5109.00 $2,180,000.00 $85.00 $1,700,000.00 $89.00 $1,780,000.00 2 Pavement Repair 21500 Ton $93.00 $1,999,500.00 $95.00 $2,042,500.00 $90.00 $1,935,000.00 3 Edge Milling(6'wide) 150000 SY $2.00 $300,000.00 $1.50 $225,000.00 $1.55 $232,500.00 4 Surface Milling 15000 SY $2.00 $30,000.00 $1.70 $25,500.00 $1.80 $27,000.00 Type D HMAC spot level-up at street cuts, depressions,and areas of curb and gutter replacement 5 prior to Type F Overlay 100 Ton $155.00 $15,500.00 $99.00 $9,900.00 $150.00 $15,000.00 6 Valve Can Adjustment 80 EA $100.00 $8,000.00 $70.00 $5,600.00 $115.00 $9,200.00 7 Manhole Adjustment 420 EA $300.00 $126,000.00 $300.00 $126,000.00 $250.00 $105,000.00 Remove and Replace Concrete Curb and Gutter(incl 8 4"TY A or TY B HMAC) 20000 LF $61.00 $1,220,000.00 $45.00 $900,000.00 $45.00 $900,000.00 9 Remove and Replace Reinforced Concrete Driveway 20000 SF $14.00 $280,000.00 $11.00 $220,000.00 $11.00 $220,000.00 10 Remove and Replace Reinforced Concrete Driveway 45500 SF $11.00 $500,500.00 $9.00 $409,500.00 $9.00 $409,500.00 11 Reinforced Concrete Sidewalk Ramp 11 EA $3,000.00 $33,000.00 $1,500.00 $16,500.00 $1,500.00 $16,500.00 Remove and Replace Reinforced Concrete Valley 12 Gutter 100 SF $55.00 $5,500.00 $38.00 $3,800.00 $38.00 $3,800.00 13 Traffic Control 4 MO $6,500.00 $26,000.00 $17,000.00 $68,000.00 3825 $15,300.00 TOTAL: $6,724,000.00 $5,752,300.00 $5,668,800.00 SHEET: I of BID TA -T THE CITY OF ROUND ROCK id Extended By: Cassandra Lee o Infrastructure Development and Construction Management *;• o.*k lj Print Name Initials 2008 Enterprise Dr. / 'B�Opening Date: 6/12/2018 LEAH J. COLDER Round Rack, Texas. 78664 �•••••••••••••••••••••••••- /� � 7� g 2 O 13�dQ�dening Location: 2008 Enterprise Drive' t''aty0r idated Damages: $970/Calendar Days •�.CENSS i•,�!No.of Responses: 4 PROJECT NAME:2017 SMP Project 4-Residential Type F Overlay 1%1``08�••E��= Project Manager: Todd Keltgen PROJECT ID: r j C Want: N/A PROJECT DURATION: 120 Calendar Days BIDDER'S NAME: Lone Star Pain CONTRACTOR'S BUSINESS LOCATION: Austin,TX GUARANTEE: BB-Bid Bondl CC-Cashier CheckICTC Certified Check BB STATEMENT OF SAFETY EXPERIENCE:Y- es N-No Y ADDENDUM(S)ACKNOWLEDGED? Y- es N-No N/A APPROX. UNIT UNIT UNIT ITEM A ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST I Type F HMAC I"Overlay including tack eaot 20000 Ton $80.00 $1,600,000.00 $0.00 $0.00 2 Pavement Repair 21500 Ton $77.25 $1,660,875.00 $0.00 $0.00 3 Edge Milling(6'wide) 150000 SY $0.50 $75,000.00 $0.00 $0.00 4 Surface Milling 15000 SY $1.00 $15,000.00 $0.00 $0.00 Type D HMAC spot level-up at street cuts, depressions,and areas of curb and gutter replacement 5 prior to Type F Overlay 100 Ton $110.00 $11,000.00 $0.00 $0.00 6 Valve Can Adjustment 80 EA $52.00 $4,160.00 $0.00 $0.00 7 Manhole Adjustment 420 EA $156.00 $65,520.00 $0.00 $0.00 Remove and Replace Concrete Curb and Gutter(incl 8 4"TY A or TY B HMAC) 20000 LF $47.00 $940,000.00 $0.00 $0.00 9 Remove and Replace Reinforced Concrete Driveway 20000 SF $11.50 $230,000.00 $0.00 $0.00 10 Remove and Replace Reinforced Concrete Driveway 45500 SF $9.35 $425,425.00 $0.00 $0.00 11 Reinforced Concrete Sidewalk Ramp 1 1 EA $1,560.00 $17,160.00 $0.00 $0.00 Remove and Replace Reinforced Concrete Valley 12 Gutter 100 SF $39.00 $3,900.00 $0.00 $0.00 13 Traffic Control 4 MO $4,000.00 $16,000.00 $0.00 $0.00 GRAND TOTAL: $5,064,040.00 $0.00 $0.00 SHEET: 2 of�. Mayor Councilmembers City Manager Craig Morgan Tammy Young Laurie Hadley Rene Flores Frank Leff ingwell ROUND ROCK TEXAS Mayor Pro-Tem Writ Baese City Attorney TRANSPORTATION DEPARTMENT Will Peckham Hilda Montgomery Stephan L.Sheets June 12,2018 Subject: Recommendation to Award—2017 Street Maintenance Program—Project 4—Residential Type F Overlay Dear Mr. Hudder, On June 12,2018 bids were opened for the above reference project. Four(4)responsive bid proposals were submitted with total bid prices ranging from$5,064,040 to$6,724,000. Per the attached Bid Tabulation,Lone Star Paving is the apparent low bidder. Lone Star Paving $5,064,040.00 Austin Materials $5,668,800.00 Oldcastle Materials $5,752,300.00 Alpha Paving $6,724,000.00 Based upon my review of the Bid Tabulation, l recommend the City of Round Rock to accept the bid of Lone Star Paving in the amount of$5,064,040.00 Sincerely, Leah Collier, P.E. Chief Transportation Engineer Attachments: Bid Tabulation CITY OF ROUND ROCK 300 West Bagdad,Round Rock,Texas 78664 [P] 512.218.7044 • [F] 512.218.5536 • roundrocktexas.gov CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of2 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-381885 Asphalt Inc., LLC dba Lone Star Paving Company Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/1912018 being filed. City of Round Rock Date Acknowledged: is 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. ' i u SMP Project 4 City of Round Rock SMP Project 4 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Morisey,Greg Austin,TX United States X Naivar,Joe Georgetown,TX United States X Ramming,John Austin,TX United States X Knox,Allen Austin,TX United States X Playfair,Thomas New Braunfels,TX United States X Ohlendorf, Ryan Buda,TX United States X. Condon,Josh Austin,TX United States X Carroll,Ben San Antonio,TX United States X Lundquist,Dean Leander,TX United States X Spinn,Steve Austin,TX United States X ! Wheeler,John Austin,TX United States X Patrick Wheeler Heritage Trust Austin,TX United States X Nolan Wheeler Heritage Trust Austin,TX United States X Kaitlin Wheeler Heritage Trust Austin,TX United States X Preferred Materials.,Inc Round Rock,TX United States X Asphalt Inc Employee Investments Austin,TX United States X =i i Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM1295 2 of 2 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos,1,2,3,5,and 6 if there are no interested parties, CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-381885 Asphalt Inc.,LLC dba Lone Star Paving Company Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/19/2018 being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. r SMP Project4 `: City of Round Rock SMP Project 4 14 t r 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) f' Controlling Intermediary j ii 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is �rv-ryj kaa 40 and my date of birth is A Z//,&#A� My address is 1 444*._ Srt-gPl' wA-x. WP–d F �j �t,it�C -7 Ma GGSA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in jJ"AV` County, State of 1 ,on the tt i day of J�4t 1 Y. .201-Y (month) (year) SigratUre of authorized agent of contracting business entity (; (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.67.11 h i3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-381885 Asphalt Inc., LLC dba Lone Star Paving Company Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/19/2018 being filed. City of Round Rock Date Acknowledged: 07/25/2018 g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. SMP Project 4 City of Round Rock SMP Project 4 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Morisey, Greg Austin,TX United States X Naivar,Joe Georgetown,TX United States X Ramming,John Austin,TX United States X Knox,Allen Austin,TX United States X Playfair,Thomas New Braunfels,TX United States X Ohlendorf, Ryan Buda,TX United States X Condon,Josh Austin,TX United States X Carroll, Ben San Antonio,TX United States X Lundquist, Dean Leander,TX United States X Spinn, Steve Austin,TX United States X Wheeler,John Austin,TX United States X Patrick Wheeler Heritage Trust Austin,TX United States X Nolan Wheeler Heritage Trust Austin,TX United States X Kaitlin Wheeler Heritage Trust Austin,TX United States X Preferred Materials., Inc Round Rock,TX United States X Asphalt Inc Employee Investments Austin,TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of 2 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-381885 Asphalt Inc., LLC dba Lone Star Paving Company Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/19/2018 being filed. City of Round Rock Date Acknowledged: 07/25/2018 g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. SMP Project 4 City of Round Rock SMP Project 4 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711