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Contract - Smith Contracting - 5/23/2019 City of Round Rock, Texas Contract Forms (Th Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor 41. AGREEMENT made as of the V'—�I et\4 (tb)day of IAN/ in the year 20, Ft BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor M.A. Smith Contracting Co., Inc. ("Contractor") 15308 Ginger St. Austin TX, 78728 The Project is described as: McNeil Rd Extension Phase 2 The Engineer is: ATKINS 11801 Domain Blvd, Ste 500 0 Austin,TX 78758 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 �.-i4C)t9- 62. l ) ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten ( 10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than N/A ( N/A )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than Two hundred forty ( 240 ) 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($970.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement. It is agreed that the harm that would be caused by such failure,which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement,the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation,the recovery of actual damages.The date(s)specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than two hundred fifty five ( 255 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be three million nineteen thousand nine hundred seventy-four dollars and ninety-three cents ($ $3,019,974.93 ),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 X . Yes .If yes,please provide details below: ( j 00500 4-2016 Page 2 of 5 Standard Form of Agreement ��.•'' 00307791 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the City of Round Rock General Conditions,and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not later than the tenth(10th) day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the City of Round Rock General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements,if any,which extend beyond final payment; and .2 a final Certificate for Payment has been issued by Engineer. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract maybe 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 April 10th,2019 7.1.4 The Specifications are those contained in the Project Manual dated April 10th,2019 7.1.5 The Drawings, if any,are those contained in the Project Manual dated April 10th,2019 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated April 10th,2019 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda, if any,are those contained in the Project Manual dated April 10th, 2019 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: N/A 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,Project Manager City of Round Rock Transportation Department (512)218-3237 BStablein(2 roundrocktexas.gov 8.3 Contractor's representative is: l lf1��� 1-11 k-1-4\ ClOYIAC,-AC rt 129 cplu C,i/Y(s i ure`Z... ; c .h'. f uv'1 .1 y%j i C DirK 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 fl8.6 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 UND ROCK, EXAS M.A. Smith Contracting Co., Inc. Printed Nam . Craig organ Printed Name: 110 j)tS e aykAti a Title Mayor Title: •e(-c is„ -- Date Signed: .lJ ' ( 1 Date Signed: 9,t,t4,,, 5 , '2.-bi 1 ATTEST: • _DIN/d gaitt City Clerk FOR ,APPROVED A TO FORM: City Atto ey U 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 00600 INSURANCE AND CONSTRUCTION BOND FORMS { n 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. • PERFORMANCE BOND BOND NO.: 58S212033 THE STATE OF TEXAS ti KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That M.A.Smith Contracting Co.,Inc. of the City of Austin , County of Travis , and State of Texas , as Principal, and Liberty Mutual 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 Three Million Nineteen Thousand Nine Hundred Seventy Four Dollars and Ninety Three Cents Dollars ($ 3,019,974.93 ) 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 141a- day of lt�� , 20j 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: McNeil Rd Extension Phase 2 (Name of the Project) NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 • 0061(1 7-2009 Pcrfornmnce Bond 00090656 • 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 3rd day of June , 20 19 • M.A.Smith Contracting Co.,Inc. Liberty Mutual Insurance Company____ Principal Surety J & (i Kenneth Nitsche Tr�w�s � ,�dC Printed Name Printed Name By; — By: T' •. e/tt/aZot,frea Title: ttorney-In-Fact Address: 15308 Ginger St. Address: 2200 Renaissance Blvd.,Ste.400 Austin,TX 78728 King of Prussia PA 19406 • Resident Agent of Surety: SignatK Ken eth Nitsche Printed Name 143 E.Austin Street Address Giddings,TX 78942 City, State &Zip Code • Page 2 00610 7-2009 Performance Bond 000906 56 PAYMENT BOND BOND NO.: 58S212033 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That M.A. Smith Contracting Co.,Inc. , of the City of Austin , County of Travis , and State of Texas as Principal, and Liberty Mutual Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Three Million Nineteen Thousand Nine Hundred Seventy Four Dollars and Ninety Three Cents Dollars ($ 3,019,974.93 ) 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 ye 11,T- day of 1.1411 f,, , 20 (q , 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: McNeil Rd Extension Phase 2 (Name of the Project) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers. all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement. then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 . O0o2()7.!009 Payment Bond • PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 3rd day of June , 2019 . M.A.Smith Contracting Co.,Inc. Liberty Mutual Insurance Company Principal Surety 6,5t."et_ Kenneth Nitsche Printed NamePrinted Name By: By: Tit . Title: ttorney-In-Fact _ Address: 15308 Ginger St. Add ess: 2200 Renaissance Blvd.,Ste.400 Austin,TX 78728 King of Prussia,PA 19406 • Resident Agent of Surety: Signature Kenneth Nitsche Printed Name 143 E.Austin Street Address Giddings,TX 78942 • Page 2 00620 7-2009 Payment Bond 00090656 op, This Power of Attorney limits the acts of those named herein,and they have no authority to ,+r bind the Company except in the manner and to the extent herein stated. >F . i Liberty Liberty Mutual Insurance Company f The Ohio Casualty Insurance Company Certificate No: 8197872 � Mutual West American Insurance Company (1—.) SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, _ David Ferguson,Violet Frosch,Kenneth Nitsche,Gary A.Nitsche,Robert James Nitsche,Robert K.Nitsche,Craig Parker,Nina Smith all of the city of Giddings state of TX each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 1st day of November , 2018 . Liberty Mutual Insurance Company v%NSUR ,�Y iNsJ�Q� , %Nsu'? The Ohio Casualty Insurance Company JP orPoa.Tg2 JP oaPON '9 c,l oaPob- 4, West American Insurance Company c c+ c ti . c, 0 `�o c� �Q 3 to m w 3 `�o wr o CS T �• 1912yo oy1919� o a 1991 0 �� co c. ui �0 SS4CHOS�A y0�F/AMPS•`aa� YS �NDIANP aa3 /Ids �� C �/) * >,� tit * 1,� �'M * i`� By: ,��^ C - David M.Carey,Assistant Secretary co State of PENNSYLVANIA >> la = County of MONTGOMERY ss C co L cm C o a) On this 1st day of November , 2018 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 0 o= Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes=I- a) > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. c)LU 0 5 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. a) ci L RI P As 0) Qtr�S oN- {". COMMONWEALTH OF PENNSYLVANIA Q f, ., 4‹. Notarial Seal 0"C Teresa Pastella,Notary Public L C cii t7F By: � ide7140 N My Commission Expires March 28,2021 Teresa Pastella,Notary Public E p q�Y _,,qy Member.Pennsylvania Association of NotariesCl-CD co 0 CO 2 LE ai c a) This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual o.c Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: o aoi Ea) ARTICLE IV—OFFICERS:Section 12.Power of Attorney. . . o Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the la co President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety >o To c any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attorney,shall t N ,_, L have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such "—,0° ZLs instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under the E co provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. o , ARTICLE XIII—Execution of Contracts:Section 5.Surety Bonds and Undertakings. c)m o Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,H shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations.Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 3rd day of June , 2019 . Pv INS(I,- P�11 INSU a \NSU,4q UhJ 00"AT+0 yJ GoftPO!?q�9y `VP 6�aPOR,r y0 ▪ �' °�o co Q �' FO �, NO to • 1912 8 0 1919 -0 g 1991 , '�,�' Gy'-,- ti v, O Q O �0 ss4CEl0..' 4V SO NAMPg�`,da4 's, 'NOIA$1 dad By.Renee C.Llewellyn,Assistant Secretary 4',) * �a .y1 * l,' M * �‘ Y , LMS-12873 LMIC OCIC WAIC Multi Co_062018 *Vo° pt Liberty Mutual: SURETY TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call toll-free for information or to Usted puede llamar al numero de telefono gratis make a complaint at para informacion o para someter una queja al 1-877-751-2640 1-877-751-2640 You may also write to: Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 King of Prussia, PA 19406-2755 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at acerca de companias, coberturas, derechos o 1-800-252-3439 quejas al 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros Consumer Protection(111-1 A) de Texas Consumer Protection(111-1 A) P. O. Box 149091 P. O. Box 149091 Austin, TX 78714-9091 Austin, TX 78714-9091 FAX: (512) 490-1007 FAX# (512) 490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your Si tiena una disputa concerniente a su prima o a premium or about a claim you should first un reclamo, debe comunicarse con el agente o contact the agent or call 1-800-843-6446. primero. Si no se resuelve la disputa, puede If the dispute is not resolved, you may contact the entonces comunicarse con el departamento (TDI) Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: This notice is for information only and does not Este aviso es solo para proposito de informacion become a part or condition of the attached y no se convierte en parte o condicion del document. documento adjunto. NP70680901 LMS-15292 10/15 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.us/. —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"elijible 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. Client#:21025 SMITHCON YYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 5/31 DATE(M/2019 M/DDI M/DD/ 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Carla West The Nitsche Group PHONE 979-540-2208 FAX (A/C,No,Ext): (A/C,No): 143 East Austin E-MAIL ADDRESS: rou carlaw thenitsche9 p.com Giddings,TX 78942-3299 INSURER(S)AFFORDING COVERAGE NAIC# 979 542-3666 INSURER A:BITCO National Insurance Company 20109 INSURED INSURER B:BITCO General Insurance Corporation 20095 M.A.Smith Contracting Company, Inc. Texas Mutual Insurance Company 22945 INSURER C: p y dba Smith Contracting Co Homeland Insurance Company of New York 34452 INSURER D: p y 15308 Ginger Street INSURER E: Austin,TX 78728 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP TYPE OF INSURANCE LTR INSR WVD POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY CLP3679325 03/07/2019 03/07/2020 EACH OCCURRENCE $1,000,000 CLAIMS-MADE X OCCUR DAMAGE O(Ea RENTED $100,000 X PD Ded:1,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 PRO POLICY JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 X OTHER: $ A AUTOMOBILE LIABILITY CAP3679327 03/07/2019 03/07/2020 EO aBci'1J SINGLE LIMIT $1,000,000 0 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY (Per accident) B X UMBRELLA LIAB X OCCUR 1 CUP2815496 03/07/2019 03/07/2020 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10000 $ C WORKERS COMPENSATION 0001150807 03/07/2019 03/07/2020 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (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 D Pollution Liabil 7930043520003 03/07/2019 03/07/2020 2,000,000 Aggregate 2,000,000 each cond 10,000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Road Extension-McNeil Rd. Extension Ph 2 As per policy provision,Certificate Holder is listed as additional insured in regard to the auto and general liability policies as provided by blanket additional insured endorsement when required by written contract. A blanket waiver of subrogation endorsement is provided to the Certificate Holder in regard to the auto,general liability and workers compensation policies as per policy provision when required by (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION Cityof Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE - THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2008 Enterprise Dr. ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE � I ©1988-2015 ACORD CORPORATION.All rights reserved. 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Pi y - $ w s 8 s «w s s «« $ 8 «« 8 « 8 8 N 8 S s s $ 8 $ N w w« e H 8s 88 sS 6. 8 8 8 8 S s $ s n n W 2 $ s$s ss ss ss s s Is s s s a• 6 $Ws ss ss ss 8 S s 8 s 8 8 s S s S � c _ 8 H H $ » S8 S8 s s s S s S s s s 8 - RI e Sas ss ss ss s s s s $ $ $ s $ s o„ c s ss ss ss s s 8 8 s s s s s H H H N n i^ 7. N = P s S S S 99 S S S S S S S Fi S S S YY C 5� pp 5R� QQ y[ q ¢Q S 819 N N s 8 N N S 8 «« $ 19 N N 8 N 8 M 8 N 8 N s N 8 « 8 N 8 w W W �' aw Z H u. €n8 S8 SS 88 8 8 8 8 8 8 S 8 �,� N H„ ... 8 S S S S 8 S 8 8 8 8 S S 8 8 8 n 5' n�8 88 98 88 8 9 9 5 9 U 8 S S 8 May 1, 2019 Mr. Bill Stablein City of Round Rock — Transportation Department 2008 Enterprise Drive Round Rock, Texas 78664 Dear Mr. Stablein, Bids for the McNeil Rd. Extension Phase 2 project were received at your office until 2:00 pm on April 30, 2019. A total of 7 bids were received. The bids were opened and read aloud. From low bid to high bid the bids were as follows: 1. Smith Contracting: $3,019,974.93 2. Cash Construction: $3,167,202.00 3. Austin Underground: $3,452,577.13 4. Capital Excavation: $3,499,714.65 5. Chasco Constructors: $3,548,854.91 6. D&S Concrete Contractors: $3,599,481.75 7. Patin Construction: $3,721,822.12 All bidder's submittals were checked for acknowledgement of addendum 1, inclusion of the Statement of Bidder's Safety Experience, and inclusion of a bid guarantee. All seven submittals contained these items. Atkins has checked the bid tabs for all bids received, and Smith Contracting's bid of $3,019,974.93 has been confirmed as the low bid. Based on our review, I recommend that the City move forward with award of the project to Smith Contracting. Sincerely, /�c ' Steven R. Lindsey Atkins 1 1801 Domain Boulevard, Suite 500 • Austin, Texas 78758 • Telephone: 512.327.6840 9 Fax: 512.327.2453 9 www.atkinsglobal.com CERTIFICATE OF INTERESTED PARTIES FORM 1.295 1of1 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: 2019-489262 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. MA Smith Contracting Co., Inc. Austin, TX United States Date Filed: 05/10/2019 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, Texas 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. McNeil Road Extension Phase 2 McNeil Road Extension Phase 2 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party, X 6 UNSWORN DECLARATION My name is /".5 /rN ti and my date of birth is My address is �y /r�� /Tr ���� 7X' 7�6 YCJ 1 l� V (street)cit ( y) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of `P��S on the day of Aq '20 J . (month) (year) re of authorized agent of contracting business entity (Declarant) r -CA firt, Piuviucu uy t exas cuucs Uomrnisston www. etnlcs.state. tx,us Version V1.1.391`8039c Forms provlpea oy I exas unlcs Uommisslon www.etMcs.state.tx.us Version V1.1.39f8039c CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 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 Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2019-489262 MA Smith Contracting Co., Inc. Austin, TX United States Date Filed: 05/10/2019 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, Texas Date Acknowledged: 05/23/2019 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. McNeil Road Extension Phase 2 McNeil Road Extension Phase 2 4 Name of Interested Party City, State, Country (place of business) Nature of interest (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 provlpea oy I exas unlcs Uommisslon www.etMcs.state.tx.us Version V1.1.39f8039c