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Contract - Pro Dirt Services, LLC - 5/9/2019 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 4t.12-14 r411tnAGREEMENT made as of the )day of l(4r 1(1 in the year 20B. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock, Texas 78664 and the Contractor r 1U+ f G T U(L S L 2-6 ("Contractor") c� { or ) 6 3o)( The Project is described as: North Red Bud Lane Right Turn Lane at Palm Valley Blvd. 1 The Engineer is: Antonio A.Prete,P.E. Waeltz&Prete,Inc 3000 Joe DiMaggio Blvd.#72 Round Rock,Texas 78665 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 4-2016 Page 1 of 5 Standard Form of Agreement 00307791 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 Ninty ( 90 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than One Hundred and Twenty ( 120 )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, r l the sum of Six Hundred Ten and No/100 Dollars($610.00 ) for each calendar day that Substantial Completion is delayed after the date(s) l j specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement. It is agreed that the harm that would be caused by such failure,which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for i Substantial Completion in the Agreement,the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including 1 without limitation,the recovery of actual damages.The date(s)specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than One Hundred and Twenty ( 120 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be G(X h tith(jre(k S e.Venky 5 11( *ho A\an44 e tn.A- h U Yid,rcr4 'h►r even +ki r-N CfntS JJ -- ($ Co/4),V 31.';Q ),subject to aldditions and deductions as provided in the Contract Documents. -� 4.2 Domes the Contract Sum include alternates which are described in the Bid Form? No ✓. Yes .If yes,please provide details below: Not Applicable U 00500 4-2016 Page 2 of 5 Standard Form of Agreement 00307791 l__7 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. l 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. 00500 4-2016 Page 3 of 5 Standard Form of Agreement 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 December,2018 C� 7.1.4 The Specifications are those contained in the Project Manual dated December,2018 • 7.1.5 The Drawings,if any,are those contained in the Project Manual dated December,2018 • 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated December,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 December,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: Bill Stablein City of Round Rock 2008 Enterprise Dr. Round Rock,Texas 78664 8.3 Contractor's representative is: d edi4t) �. [ ,] 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 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 CONTRACTOR CITY OF R D C ,TEXAS veYe5 LL Printed Name: Printed Name: l Title Title: - r/es devi,f Date Signed: K) ' ' `et Date Signed: /s /f ATTEST: City Clerk FOR C , PPRO ED AS 1 FORM: City Attorn 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 L I I I I I I I I I 00600 INSURANCE AND I CONSTRUCTION BOND FORMS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. [ 4. If Agent signing bonds has Power of Attorney,but not licensed in Texas,then the bond must be counter-signed by Texas local recording agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website—www.tdi.state.tx.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement&Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Person. If the contractor is a corporation, then it should be signed by the President or the Vice-President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. MJ 11 CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet 1. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 2. PRODUCER and INSURED-Please list name,address,phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website:http://www.tdi.state.tx.usl.—Company Lookup. Note:Exception to this rule,In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used.Below are the guidelines: a. insurance Company does not have to be"licensed in Texas",but they do have to be"eligible for a Texas license." Please verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/,—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website:http://www,tdi..state.tx,us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers'Liability Insurance c. Commercial General Liability Insurance d. Builders' Risk Insurance— (Generally required for all"vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require "professional liability insurance".) 5. EFFECTIVE DATE &EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes,cancellation, etc. at least thirty(30)days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be --� found on the Texas Department of Insurance Website—www.tdi.state.tx.us—Agent Lookup. 4402087 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That ProDirt Services,LLC of the City of Hutto , County of Williamson , and State of Texas , as Principal, and FCCI 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 Six Hundred Seventy Six Thousand Eight Hundred Thirty Seven and 30/100 Dollars ($ 676,837.30 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally,by these presents: WHEREAS, the 'rincipal has entered into a certain written Agreement with the Owner dated the day of , 2011 to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: North Red Bud Lane Right Turn Lane at Palm Valley Blvd. (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. L Page 1 00610 7-2009 Performance Bond 00090656 " 1 4402087 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 15th day of May , 20 19 • ProDirt Services,LLC FCCI Insurance Company Principal */l Surety " L �J• Jeremy Farque Printed Nary Printed Name By: By: Title: Title: Attorn In Fact Address: 1 1 1 CR 100 Address: 11200 Jollyville Rd Hutto,TX 7R634 Austin,TXJR7SQ 1 Resident Agent of Surety: Signature Tom Mulanax Printed Name 11200 Jollyville Rd Street Address Austin,TX 78759 City,State & Zip Code J J Page 2 oo6 10 7'2009 Pcrforn mllec Bond O0090656 4402087 PAYMENT BOND THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That ProDirt Services LLC of the City of Hutto County of Williamson , and State of Texas as Principal, and FCCI Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for. Principals, are held and frmly 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 Six Hundred Seventy Six Thousand Eight Hundred Thirty Seven and 30/100 Dollars (S 676,837.30 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated the v day of �4eJ , 2Qa , to which Agreement is hereby referred to and made a part hereof as fully and to the same tent as if copied at length herein consisting of; North Red Bud Lane Right Turn Lane at Palm Valley Blvd. (Name of the Project) [_1]. 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 Payment Bond 00090656 4402087 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 15th day of May ,2019 ProDirt Services,LLC FCCI Insurance Company Principal Surety Jeremy Farque Printed Name Printed Name By: By: 4C —�_ HI itle: es'4. -L.1 Title: Attor y In Fact Addresss: 3111 CR100 Address: 11200Jollyv.11eRd Hutto,TX 78634 Austin,TX 78759 Resident Agent of Surety: Signs re Tom Mulanax Printed Name �-� 11200 Jollyville Rd Street Address Austin,TX 78759 r H r. . H Page 2 00620 7-2009 Payment Bond 00090656 u ,f 10-00055001 Ei Fccr INSURANCE GROUP More than a policy. A promise. GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida(the"Corporation")does make, constitute and appoint: Tom Mulanax, David Wharton, Michael Whorton, Noe Moreno, Rachel Martinez, Pollyanna Lengel; Jeremy Farque Each, its true and lawful Attorney-In-Fact,to make, execute, seal and deliver,for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of(not to exceed$7,500,000): $7,500,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That ', ' resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached. In witness whereof,the FCCI Insurance Company has caused these presen s to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed,this _._25T" day of Se tember 2016. Attest: C / ' ;�?'a�Paa;l°+i'; Crai. .hn n,President �` SEAL `:' Thom . Koval Esq., EVP,Chie Officer, FCCI nsur ce Company ,y,,,, f 1 Gov ment Affairs and Corporate Secretary :'`ZaRt�! FCCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Craig Johnson, who is personally known to me and who executed the foregoing document for the purposes expressed therein. dooms Arlene Mania e2Ale,-/C.,41ft-C.42.-0 My commission expires: 9/25/2020 * * .. ,K1 s"...MyCwMnrai t booker 4W0s4O Notary Public L i State of Florida County of Sarasota Before me this day personally appeared Thomas A. Koval, Esq., who is personally known to me and who executed the foregoing document for the purposes expressed therein. ien Meet Alamo My commission expires: 9/25/2020 * � =—�°'a ..t� ra■.a.m.�w.aa rn ....."My Canwitaien thpireir ooze Notary Public CERTIFICATE i,the undersigned Secretary of FCCI Insurance Company, a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 24, 2011 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this \l5th day of May ... Thoma .Koval, Esq., EVP, Legal Officer, — - ' Gov r ent Affairs and Corporate'S cretary 1-1QN:3592-NA-04, 6116 .�ocuGard,4P45�i8 contains a security pantograph,blua background,hurt-sensitive ink,coin-reactive watermark,and micro eKt printing on border. `'r1/4 �r°"'` l ! IMPORTANT NOTICE To obtain information or make a complaint: �l You may call FCCI Insurance Group's (FCCI)*toll-free telephone number for information or to make a complaint at 1-800-226-3224. You may also write to FCCI Insurance Group Compliance Department e-mail at StateComplaintsAfcci-group.com. For Claims, you may write to FCCI Insurance Group Claim Department e-mail at newclaimAfcci-group.com. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance: PO Box 149104 Austin TX 78714-9104 Fax: 1-512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtectionsAtdi.texas.gov PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact FCCI first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached documents. *The FCCI Insurance Group includes the following insurance carriers: Brierfield Insurance Company, FCCI Advantage Insurance Company, FCCI Commercial Insurance Company, FCCI Insurance Company, Monroe Guaranty Insurance Company, and National Trust Insurance Company. 1-BD-TX-21690-NTP-07 15 Page 1 of 1 Copyright 2015 FCCI Insurance Group. ACRD® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 05/15/2019 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 Jeremy Farque NAME: Wharton Insurance Services PHONE (512)338-1191 FAX (512)338-1196 (A/C,No,Ext): (A/C,No): 11200 Jollyville Rd. E-MAIL JeremyF@whortonins.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Austin TX 78759-4813 INSURER A: United Fire&Casualty Co 13021 INSURED INSURER B: Service Lloyds 43389 Pro Dirt Services,LLC INSURER C: PO Box 1508 INSURER D: INSURER E: Pflugerville TX 78691 INSURER F: COVERAGES CERTIFICATE NUMBER: 1920 Master Liab 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 ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED 100,000 PREMISES(Ea occurrence) $ X Contractor Liab.&XCU Included MED EXP(Any one person) $ 10,000 A 85322802 03/08/2019 03/08/2020 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PROT LOC 0000PRODUCTS-COMP/OPAGG $ 20 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ A - OWNED SCHEDULED 85322802 03/08/2019 03/08/2020 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS _ HIRED N/ NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) Comp/Coll Deductible $ 1,000 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 A - EXCESS LIAB _ CLAIMS-MADE 85322802 03/08/2019 03/08/2020 AGGREGATE $ 1,000,000 DED RETENTION$ 0 WORKERS COMPENSATION X PERTUTE OTH- AND EMPLOYERS'LIABILITY STA ER Y/N , 1,000,000 B ANY PROPRIETOR/PARTNER/EXECUTIVE N N/A WC0100512-2019A 03/08/2019 03/08/2020 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Limit $750,000 Contractors Equipment A Leased/Rented 85322802 03/08/2019 03/08/2020 Deductible $2,500 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) North Red Bud Turn Lane.The General Liability and Auto Liability policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder when there is a written contract/agreement between the named insured and the certificate holder.The General Liability,Auto Liability and Workers Compensation policies include a blanket waiver of subrogation endorsement that provides this feature when there is a written contract/agreement between the named insured and the certificate holder. The Umbrella is a Follow Form Umbrella. The General Liability& Auto Policies contain a special endorsement with"Primary and Noncontributory"when required by written contract wording. The Commercial General Liability,Auto,Umbrella&Workers Compensation policies include a blanket notice of cancellation to the certificate holders endorsement,providing for 30 days'advance notice if the policy is cancelled by the company other than for nonpayment of premium,or 10 days'notice if the policy is canceled for CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City Manager City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 E.Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 ,� � ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD I AGENCY CUSTOMER ID: 00040209 LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Whorton Insurance Services Pro Dirt Services,LLC,DBA:Pro Dirt Services,LLC L J POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: Lam. ADDITIONAL REMARKS 0 THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance nonpayment of premium. 0 0... 3- ACORD 101(2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD S $ S S 8 S 8 0 $ S $ g a g g O N O C J X N x O O N? 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O) C6 CIJ'10 O h f0 m 2 w » w w w w w w w w w w w w to N Oct a O S $ S a O O d O O $ p m m 2 d N n 1[I N n n O C w s> w wLL w w w » w w w w w < J J W W W W W W W W Q O N 7 � •- N � w C m m N - N J [� -1 t`q QqL `ry � O .9! `• � 01 V O_1 U � ro .� J 2 2 L '2 O OOi a T U p N U"$ C!1 t0 f1I 6 w CI Eo Eo roa E� E� c ? cn ° '75m 9m o °� En D N 4 ��. = U •'] m V d m U E .t.. > a�� cLxu aaxcm (L 4) X a�� uu ro � ��, �m C m �E o m� m Q s- DN �oJ 2 '�-9 u�a `S' 51 —2 c a E E ° FoF EEn m U � U g n m m m mr c5 E EU c 5 2 N w E y r c Oa} 6 O7� UI Oa� Ov y o co m m U U= rJ 'sN= m Q m ^ten E� n `m Ego. Eo3 Dm cm a `%'m °ac`J >E F. H� L DoE mE >o ?o J> c N E� tE o m tD uF~ cOi r -a U > a >U LLL 2 Q ¢ aU CL F in Q E I•- d •.• l9 N O1 O N Cn Q u7 'O h CO O O O -O N C+1 Cn N c'1 M m m W -P April 10, 2019 Mr. Gary Hudder Transportation Director City of Round Rock 2008 Enterprise Dr. Round Rock, TX 78664 WAEL.TZ & PRETE, INC. IVIL ENGINEERS Re: Red Bud Right Turn Lane @ HWY 79 Dear Mr. Hudder, As you are aware, bids were received on March 12, 2019 for the above referenced project. A total of four (4) bids were received. Pro Dirt Services, LLC has completed public works projects for other Municipalities with a similar scope. Based upon their supplied references and submission of a competitive bid, we recommend award to Pro Dirt Services, LLC in the amount of $676,837.30. If you have any questions or comments regarding this matter, please do not hesitate to call. Sincerely I Antonio A. Prete, P.E. President Waeltz & Prete j OUW A. PRETE j 93759 •.'oai ,II +I�SS��NALS oevwrw� M maw Ple,e oN c•us, [Mm�.ci�c mn Antonio A. Prete wweaan Prtla iK•. W=i. nml IPF CN•Mlerw Prole Ode. i019W l0 1635TMSV0' 3000 JOE DIMAGGIO BLVD. SUITE #72, ROUND ROCK, TEXAS 78665 (51 2) 505 - 8953 (FIRM Tx REG. #F-10308) CERTIFICATE OF INTERESTED PARTIES FORM 1295 loll Complete Nos. l - 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 Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2019-485447 ProDirt Services, LL Hutto, TX United States Date Filed: 05/02/2019 2 Name of governmental entity or state agency that is a party to the contract for which the form is 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. 0000000 Excavation/Site Work for Turn Lane 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Dill, Tony Hutto, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION ) My name is and my date Gam' of birth Is My address is Z (street) (city) (stale) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in .i , d7 & M 5, County, State of -C>c �--1 , on the day of � , 20 (month/, (year) Sig ature horiz gent of contracting business entity (Declarant) Forms provioeo Dy I exas Ltnlcs commission www. ethics. state, tx.us Version V1.1.39f8039c CERTIFICATE OF INTERESTED PARTIES FORM 1.295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2019-485447 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. ProDirt Services, LL Hutto, TX United States Date Filed: 05/02/2019 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Round Rock Date Acknowledged: 05/03/2019 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. 0000000 Excavation/Site Work for Turn Lane 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 7 Intermediary Dill, Tony Hutto, TX United States X 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) —I— IA,UV,UUU Uy I C;naZP LZnnta UU1IIIIIlJJLUII www,etnics.siaie.Lx.us Version V1.1.39f8039c