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Contract - Andale Construction - 8/9/2018 I 111 City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 P City of Round Rock, Texas I Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the Jf!A1e.MJt1'L (��)day of in the year 2001,. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Andale Construction, Inc. ("Contractor") 3170 North Ohio Street Wichita, KS 67219 The Project is described as: 2017 SMP HIGH DENSITY MINERAL BOND PROJECT 5 P The Engineer is: Leah J. Collier, P.E. City of Round Rock 512.341.3318 Icoliier(c�roundrocktexas.gov 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 11/ acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS • The Contract Documents consist of this Agreement,Conditions of the ContractGeneral 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 1111 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. 1111 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. I 00500 4-2016 Page 1 of 5 Standard Form of Agreement 00307791 I 112` (2, I ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION ii3.1 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. 111 3.3 Contractor shall commence Work within ten ( 10 ) calendar days ilfrom 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 P Agreement no later than Not Applicable ( 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 Sixty ( 60 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. li 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, IP the sum of Five Hundred Ninety and No/100 Dollars($590 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to Ill achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement.It is agreed that the harm that would be caused by such failure,which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy III dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement,the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including P without limitation,the recovery of actual damages. The date(s)specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than Seventy-Five II ( 75 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM III4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be Three Hundred One Thousand, Three Hundred Ninety-Nine Dollars and Zero Cents III ($ 301 ,399.00 ),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? IINo x . Yes .If yes,please provide details below: II ll p00500 42016 00307791 Page 2 of 5 Standard Form of Agreement II U 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 y 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 Icomputed 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 I 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. I 00500 4-2016 Page 3 of 5 Standard Form of Agreement 00307791 I 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 ammw dated JUNE 2018 7.1.4 The Specifications are those contained in the Project Manual dated JUNE 2018 4111 7.1.5 The Drawings,if any,are those contained in the Project Manual dated JUNE 2018 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated JUNE 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 JUNE 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,fonning 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: Brian Kuhn, Project Manager City of Round Rock 512.218.6694 bkuhn(a�roundrocktexas.gov 8.3 Contractor's representative is: Caleb Fiske Andale Construction, Inc. 505-716-6851 caleb(dandalecanstruction.com 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 IIII 0 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in IP 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 0 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 P Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 111 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. 0 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. IIOWNER CONTRACTOR CITY O'ROUND RO r ,TEXAS An•ale Constru .tion Inc. alffillarf Printed Name: � i A la I Name: Jennifer Champion 111 Title `. l&vt--" Treasurer IIDate Signed: 91. . ct Date Signed: August 1 6 , 201 8 ATTEST: 0 SA/4kt OF . WV City Clerk I FOR CITY,APPROVED AS TO FORM: //?1,7yz;,a, ---/9-0,2dz-e. icd.,,,___,. y Attorney P 00500 4-2016 Page 5 of 5 Standard Form of Agreement P00307791 P I ----"1 A D CERTIFICATE OF LIABILITY INSURANCE DATEDD/YYYY) II 10/1/2018 7//i 11 1/2/2018 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 ll 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). 0 PRODUCER Lockton Companies CONTACTAME 444 W.47th Street,Suite 900 PHONE ! FAX Kansas City MO 64112-1906 EMAILNo,Ext); (A/C,No): (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# III INSURER A:Zurich American Insurance Company 16535 INSURED ANDALE READY MIX CENTRAL,INC. INSURER B:Rockhill Insurance Company 28053 1360446 ANDALE CONSTRUCTION,INC. INSURER C 3170 N.OHIO INSURER D: 111 WICHITA KS 67219 I INSURER E: I INSURER F: COVERAGES * CERTIFICATE NUMBER: 15485861 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD II 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 ADDL SUER POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS 0 A X .COMMERCIAL GENERAL LIABILITY y Y GLOM 83143-01 10/1/2017 10/1/2018 EACH OCCURRENCE $ 1,000,000 _ 1 CLAIMS-MADE X OCCUR DAMAGE TORENT/D PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) 5 10,000 1 0 I- PERSONAL&ADV INJURY $ 1,000,000 GE _AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X 1 POLICY X JE I X I LOC PRODUCTS-COMP/OP AGG $ 2,000,000 IIIA OTHER: S PAAUTOMOBILELIABILITY y Y BAP018314401 10/1/2017 10/1/2018 (OMBINEDtSINGLE LIMIT $ 1000,000 x ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED I SCHEDULED BODILY INJURY(Per accident) $ XXXXXXX AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE ,L•_____ AUTOS ONLY _ AUTOS ONLY (Per accident) $ XXXXXXX 111 $ XXXXXXX B x UMBRELLA LIAB X OCCUR Y Y FF01881901 10/1/2017 10/1/2018 EACH OCCURRENCE $ 5,000,000 1 EXCESS LIAB CLAIMS-MADE AGGREGATE _ $ 5.000,000 _-- 7 DED RETENTIONS s XXXXXXX 1111 WORKERS COMPENSATION PER 0TH- A AND EMPLOYERS'LIABILITY Y/N Y WC0183142 Ol 10/1/2017 10/1/2018 X 1 STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under II DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1.000,000 A INSTALLATION FLOATER N N CPP 0140456-03 10/1/2017 10/1/2018 LIMIT:$250,000 • IIIDESCRIPTION OF OPERATIONS!LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) CITY OF ROUND ROCK 1S ADDITIONAL INSUREDS ON GENERAL LIABILTIY,AUTO LIABILTIY AND UMBRELLA LIABILTIY,ON A PRIMARY, NON-CONTRIBUTORY BASIS,AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION IN FAVOR OF THE ADDITIONAL INSURED APPLIES ON GENERAL LIABILITY,AUTO LIABILITY,UMBRELLA LIABILTIY AND WORKERS COMPENSATION,AS REQUIRED BY WRITTEN CONTRACT AND WHERE ALLOWED BY LAW. COVERAGE IS SUBJECT TO THE TERMS AND CONDITIONS OF THE POLICY.THIRTY(30)DAYS NOTICE OF CANCELLATION BY THE INSURER WILL BE PROVIDED TO TI-IC CERTIFICATE HOLDER,TEN(10)DAYS NOTICE IN THE EVENT OF NONPAYMENT OF PREMIUM. 0 PCERTIFICATE HOLDER CANCELLATION 15485861 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 0 221 E.MAIN STREET ACCORDANCE WITH THE POLICY PROVISIONS. ROUND ROCK TX 78664 AUTHORIZED REPRESENTATIV0 I �"1 4a-a ©1988 015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD P 4C c® DATE(MM/DD/YYYY) L...---- CERTIFICATE OF LIABILITY INSURANCE 10/1/2018 8/9/2018 II 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. IIIMPORTANT: 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). CONT PRODUCER Lockton Companies NAMEACT P 444 W.47th Street,Suite 900 PHONE FAx Kansas City MO 64112-1906 E-MA Lo.Ext): (A/c,No): (816)960-9000 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Zurich American Insurance Company 16535 II INSURED ANDALE CONSTRUCTION INC. INSURER B:Rockhill Insurance Company 28053 1335165 3170 N.OHIO WICHITA KS 67219 INSURER C INSURER D: III INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: 15542698 REVISION NUMBER: XXXXXXX 0 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 ADDL SUBR POLICY EFF POLICY EXP __ LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY)_ LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE X OCCUR N N GLO0183143 01 10/1/2017 10/1/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES(Ea occurrence) $ 100,000 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 Ili X POLICY X Te-f- X LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ 111 A AUTOMOBILE LIABILITY N N BAP0183144 01 10/1/2017 10/1/2018 COMBINED SINGLE LIMIT(Ea acci $ X ANY AUTO BODILYd )INJtURY(Per person) 1,000,000 $ XXXXXXX OWNEDUTOS ONLY SCHES DULED BODILY INJURY(Per accident) $ XXXXXXX X HIRED X NON-OWNED PROPERTY DAMAGE $ XXXXXXX II AUTOS ONLY AUTOS ONLY (Per accident) $ XXXXXXX B X UMBRELLA LIAB X OCCUR N N FF01881901 10/1/2017 10/1/2018 EACH OCCURRENCE $ 5,000,000 1 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 IIDED RETENTION$ $ XXXXXXX A WORKERS COMPENSATION PER 0TH- AND EMPLOYERS'LIABILITY Y/N N WC0183142-01 10/1/2017 10/1/2018 X STATUTE ER ANY OFFICER/MEMBER/PARTNER/EXEXCLUDED?ECUTIVE N N/A E.L.EACH ACCIDENT $ 1,000,000 IN (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A LEASED/RENTED N N CPP014045603 10/1/2017 10/1/2018 $500,000 BLANKET LIMIT PER EQUIPMENT ITEM N1 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) p I CERTIFICATE HOLDERELLATI AN N C C O 15542698 II WELCOME HOME LLC SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE C/O POE&ASSOCIATES,INC. THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 544 WEST DOUGLAS ACCORDANCE WITH THE POLICY PROVISIONS. WICHITA KS 67203 AUTHORIZED REPRESENTATIV IIII 1 4./ 47,,d,‘ 1 ©1988 015 q ACORD CORPORATION. All rights reserved. in ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • Bond No. 3433735 1 I 1111 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Andale Construction, Inc. of the City of Wichita , County of Sedgwick , and State of Kansas , as Principal, and Old Republic Surety Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK,TEXAS,(Owner),in the penal sum of Three Hundred One Thousand Three Hundred Ninety Nine and No/100 Dollars ($ 301,399.00 ) 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 KA- day of , 201S 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 111 herein consisting of: 2017 SMP HIGH DENSITY MINERAL BOND -PROJECT 5 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 I accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. I Page 1 00610 7-2009 00090656 Performance Bond I I I I I 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 110 addition to the terms of the Agreement, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of ,20 Andale Construction, Inc. Old Republic Surety Company Principal Surety Jennifer Champion Mary T. Flanigan Printed Name Printed Name111 CJI JI By: %� Tit easurl-r Title: Attorne 41 Fact ' Non-Resident Agent Ado 31 70 N. Ohio S t r. Address: P.O. ox 1635 Wichita, KS 6721 9 Milwaukee, WI 53201-1635 (262) 797-2640 IResident Agent of Surety: N/A ISignature Printed Name Street Address City, State&Zip Code I I I I Page 2 00610 7-2009 Performance Bond I00090656 I Bond No. 3433735 1111 I PAYMENT BOND ITHE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: 101 COUNTY OF WILLIAMSON § That Andale Construction, Inc. , of the City of Wichita , County of Sedgwick , and State of Kansas as Principal, and Old Republic Surety 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 Three Hundred One Thousand Three Hundred Ninety Nine and No/100 Dollars ($ 301,399.00 ) for the payment whereof; well and truly be made the I 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 day of c :71e4.4' , 20(S, 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: 2017 SMP HIGH DENSITY MINERAL BOND-PROJECT 5 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. P P Page 1 00620 7-2009 Payment Bond 00090656 P P P 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 PI bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of ,20 • Andale Construction, Inc. Old Republic Surety Company Principal Surety Jennifer Champion Mary T. Flanigan P P . Name Printed Name r / ►/ B _ I . �� By: �� ,1/i I /► Title' T SIT- r Title:Attorne -i U ,n-Resident Asent Add ess: 3171 N. Ohio Str. Address: P.O. :ox 1635 Wichita, KS 6721 9 Milwaukee,WI 53201-1635(262)797-2640 P Resident Agent of Surety: N/A Signature Printed Name Street Address I I I I I P 00620 7-2009 Page 2 Payment Bond 00090656 P THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Transportationo ,���•`''""+� �� 2008 Enterprise Drive ®"1!; _•" '•••.' � BY: LJC si Round Rock, Texas 78664 i ':,�,®i DATE : July 17,2018 V /,,,,,,,,,,,,,,,,,,,,,,,,,,,,•.,, . LEAH J. COLLIER 71920 :: o tGoppy BID TABULATION SIIEET: 1 of 1 OWN CONTRACT 2017 SMP PrQiect 5-High Density Mineral Bond Andale Const. Inc. 3170 N Ohio St Wichita KS 67219 LOCATION : 2008 Enterprise Dr Round Rock,TX 78664 Statement of Safety?Yes Statement of Safety? Statement of Safety? Statement of Safety? DATE: July 17,2018 10:00 am Addendum(s)? NA Addendum(s)? NA Addendum(s)? NA Addendum(s)? NA Bid Bond? Yes Bid Bond? Bid Bond? Bid Bond? APPROX. UNIT UNIT UNIT UNIT TEM A ITEM DESCRIPTION QTY. UNIT PRICECOST PRICE COST PRICE COST PRICE COST Video DVD of Project Areas prior to I and after construction I LS $971.00 $971.00 2 Engineered Traffic Control Plan 1 EA $2,500.00 $2,500.00 3 Traffic Control Implementation 2 MO $8,459.00 $16,918.00 Materials, equipment and labor necessary for High Density Mineral Bond in accordance with project 4 specific notes and specifications 87,000 SY $3.23 $281,010.00 TO AL: $301399.00 GRAND TOTAL: $301,399.00 Mayor Councilmernbers City Manager Craig Morgan Tammy Young Laurie Hadley Rene Flores Matthew Baker ROUND ROCK TEMS Mayor Pro-Tern Will Peckham City Attorney TRANSPORTATION DEPARTMENT Writ Baese Hilda Montgomery Stephan L.Sheets July Z7, ZO18 Subject: Recommendation tmAward—2Ol7 Street Maintenance Program—Project 5—High Density Mineral Bond Dear Mr. Hudder, On July 17,2018 bids were opened for the above referenced project and publicly read aloud. One(1) responsive bid proposal was submitted with a total bid price of$301,399.00.A bid tabulation is attached for your review. Anda|eConstruction isthe only bidder. Anda|e [onsLruction $301,399.00 The Engineer's Opinion of Probable Construction Cost is$335,195.00. Based on the information presented and my review of the Bid Tabulation, | recommend the City of Round Rock accept the bid of Anda|eConstruction inthe amount of$3O1,399.00 Sincerely, , - L/ ' Leah J.CoUie�p.E. Chief Transportation Engineer Attachments: Bid Tabulation CITY OF OFROumD ROCK 2000Enterprise Drive, Round Rock,Texas 7oGe4 [p]s12.21a.7o44'[p] s1z.a18.ssas'round roc4texas-gmm CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 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. 2018-382739 Andale Construction, Inc. Wichita, KS United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/20/2018 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. 2017 SMP-Project 5 Application of High Density Mineral Bond 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. X 6 UNSWORN DECLARATION My name is BIL and my date of birth is 77 1�nf `l My address is � 11,C U I c-y rj-?r� (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in S .j County, State of X, on the Xday of 20J-V. JENNIF (mo h (year) PuaLic �5 :' •`F'-_ ER K.CHAMPION raT. M pointtn t Expires .......... ` �..� Signature of auagent of contra ng business entity � 1�L� J— riz eclarant) Form 7W' e by T as Ethics C mmission www,ethics.state,tx.us Version V1,0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 3.295 1 of 1 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. 2018-382739 Andale Construction, Inc. Wichita, KS United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 07/20/2018 being filed. City of Round Rock Date Acknowledged: 08/06/2018 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. 2017 SMP-Project 5 Application of High Density Mineral Bond 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. X 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