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Contract - T. Morales Co. Electric - 6/13/2019 City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas j Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the' N rgNifr1 .1(pp day of I14I/FC in the year 20 11. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 - and the Contractor T.Morales Company Electric&Controls Ltd. ("Contractor") P.O.Box 859 Florence,Texas 76527 The Project is described as: WTP&Lake Georgetown Pump&Power Modifications: .� includinu new electrical buildinu at the WTP HSPS 7-11 and new switchuear. variable freauencv drives.motor control center.motor termination iunction boxes.and flow meters at the Raw Water Pump Station The Engineer is: Gupta&Associates.Inc. 7 13717 Neutron Road Dallas.Texas 75244 --� 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. ri 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 three hundred and thirty-five ( 335 ) calendar days from issuance by Owner of Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof) on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of one thousand and No/100 Dollars($ 1,000.00 ) 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 as provided in the Contract Documents. adjustment 3.6 Contractor shall achieve Final Completion of the entire Work no later than three hundred and sixty-five ( 365 )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 six million,two hundred and thirty-three thousand,nine hundred and ninety-nine dollars and ninety-four cents ($6,233,999.94 ),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 . Yes X .If yes,please provide details below: Add Alternate#1 Add Alternate#2 00500 4-2016 Page 2 of 5 Standard Fonn 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, fand to satisfy other requirements,if any,which extend beyond final payment;and l .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 Fonn 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 March 2019 • 7.1.4 The Specifications are those contained in the Project Manual dated March 2019 7.1.5 The Drawings,if any,are those contained in the Project Manual dated March 2019 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated March 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 March 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. L7.1.9 Other documents, if any,forming part of the Contract Documents are as follows: Attachment 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 fprovision as amended or supplemented by other provisions of the Contract Documents. U 8.2 Owner's representative is: Jeff Bell Project Manager 2008 Enterprise Dr. Round Rock,Texas 78664 8.3 Contractor's representative is: Randy M.Eldridge COO-Sen. Project Manager P.O.Box 859 Florence,Tx 76527 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 UND ROCK,T AS T. Morales Company Electric&Controls, Ltd. 111 l 1�1 Tina Morales ridge Printed Na e: Printed Name: Title Title: President of GP Wi Date Signed: N'� 11 06-19-19 g Date Signed: ATTEST: 51'QIW4 Ulfj" City Clerk -- FOR •'T APPROVED A. TO FORM: ( Z •4w r \ ., City Atto t.y 00500 4-2016 Page 5 of 5 Standard Fonn of Agreement 00307791 .R*e El 11 00600 INSURANCE AND CONSTRUCTION BOND FORMS r Li j i 1 I 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. 1 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"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 r- Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance c. Commercial General Liability Insurance lu 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. ,f Bond #107020988 C1 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That T. Morales Company Electric & Controls, Ltd. of the City of Florence , County of Williamson Tras and State of Texas , as Principal, and of veler AmericaCasualty and 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 six million,two hundred and thirty-three thousand,nine hundred and ninety-nine dollars and ninety-four cents - Dollars ($ 6,233,999.94 ) 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 231- day of THAR/ , 2011 to which the Agreement is r-, hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: WTP & Lk Georgetown Pump & Power Modifications (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, includingbut 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 —J shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 7-2009 Performance Bond [-] 00090656 1 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 day of , 2019 . T. Morales Company Electric &Controls, Ltd. Travelers Casualty and Surety Company Principal Surety of America Tina Morales-Eldridge Emily Mikeska Printed Name Printed Name �µJ ! r By: 7 B :y p‘4. Title: Presi ent of General P rtner Title: ey-In- ac Address: 601 S. Patterson A enue Address: 1023 Canyon Creek Dr. #110 Florence, TX 76527 Temple, TX 76502 Resident Agent of Surety: /v//9 Signature Printed Name Street Address City, State &Zip Code Page 2 00610 7-2009 Performance Bond 00090656 Travelers Casualty and Surety Company of America �iA► Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Emily Mikeska,of Temple,Texas,their true and lawful Attorney-in-Fact to sign,execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. Gr GAT „,ftk' coat e "Tra RD, U stm 9�,i1 +sue .,h. ^-. State of Connecticut By: City of Hartford ss. Robert L.Raney,Se for Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. G.T My Commission expires the 30th day of June,2021 1. W\OJVL.t.. C. * . * Marie C.Tetreault,Notary Public - This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman,the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with - the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice - President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED,that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior - Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b)duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of , 2019 • f •11 *NtfliAcfrrFO)Ro, i HARTWRD, < COMMcow. e cow / tsat Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-421-3880. Please refer to the above-named Attorney-in-Pact and the details of the bond to which the power is attached. H IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates'toll- free telephone number for information or to make a complaint at: 1-800-328-2189 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: P. O. Box 149104 (� Austin, TX 78714-9104 l J Fax: (512)475-1771 Web: http://www.tdi.state.tx.us [I E-mail: ConsumerProtection(a�tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: U Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Li ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. r - (PN-042-B) Ed.10.18.07 Bond #107020988 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That T. Morales Company Electric & Controls, Ltd. of the City of Florence , County of Travelers Casualty and Surety Company Williamson , and State of Texas as Principal, and of America 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 six million,two hundred and thirty-three thousand,nine hundred and ninety-nine dollars and ninety-four cents Dollars ($ 6,233,999.94 ) 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 intod111L certain written Agreement with the Owner, dated the `L day of , 20 , 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: WTP & Lk Georgetown Pump & Power Modifications U (Name of the Project) NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. [_] Page 1 00620 7-2009 Payment Bond 00090656 (� PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument C1 this day of , 2019 . T. Morales Company Electric &Controls, Ltd. Travelers Casualty and Surety Company of America Principal Surety Tina Morales-Eldridge Emily Mikeska Printed Name Printed Name By. By: Title: Presid nt of General a er Title: Att rney-In-Fac 1'144- Address: 601 S. Patterson Av ue Address: 1023 Canyon Creek Dr. #110 Florence, TX 76527 Temple, TX 76502 Resident Agent of Surety: A1/4 Signature Printed Name Street Address Page 2 00620 7-2009 Payment Bond 00090656 Travelers Casualty and Surety Company of America 411111h, Travelers Casualty and Surety Company TRAVELERS J St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut(herein collectively called the "Companies"),and that the Companies do hereby make,constitute and appoint Emily Mikeska,of Temple,Texas,their true and lawful Attorney-in-Fact to sign, execute,seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 3rd day of February, 2017. �114 rl> +J*�TY AJyr�� , � ►uwrwr�, g" c e cow o sr of State of Connecticut By: City of Hartford ss. Robert L.Raney,Se io r Vice President On this the 3rd day of February,2017,before me personally appeared Robert L.Raney,who acknowledged himself to be the Senior Vice President of - Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company,and St. Paul Fire and Marine Insurance Company,and that he,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof,I hereunto set my hand and official seal. "AN My Commission expires the 30th day of June,2021 Marie C.Tetreault,Notary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Travelers Casualty and Surety Company of America,Travelers Casualty and Surety Company, and St.Paul Fire and Marine Insurance Company,which resolutions are now in full force and effect,reading as follows: RESOLVED,that the Chairman,the President,any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any - Second Vice President,the Treasurer, any Assistant Treasurer,the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond,recognizance,or conditional undertaking,and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice - President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company,provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when(a)signed by the President,any Vice Chairman,any Executive Vice President,any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary;or(b) duly executed(under seal,if required)by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is - FURTHER RESOLVED,that the signature of each of the following officers:President,any Executive Vice President,any Senior Vice President,any Vice President,any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents,Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this day of , 2019 • I 0j. J'`SY Aryl N keg i HAATco'o. { �. S CONP� ;: COMN o° Nt Irk 0.4 Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power of Attorney,please call us at 1-800-42I 3880, Please refer to the above-named Attorney-in-Fact and the details of the bond to which the power is attached. IMPORTANT NOTICE To obtain information or make a complaint: You may call Travelers Casualty and Surety Company of America and its affiliates'toll- free telephone number for information or to make a complaint at: 1-800-328-2189 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: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512)475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(a�tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your Agent or Travelers 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 document and is given to comply with Texas legal and regulatory requirements. (PN-042-B) Ed.10.18.07 �-+1 TMORALE-01 AWOLF - ACo,'Ro CERTIFICATE OF LIABILITY INSURANCE DATE(MMID019 D/YYYY) 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 Connie Williamson Ward&Moore Insurance Services (n ON ,Exc 254 899-8682 FAX 1023 Canyon Creek Drive EMAIL ) (A/C,No):Suite 110 ADDRESS:cwilliamson@ward-moore.com Temple,TX 76502 INSURER(S)AFFORDING COVERAGE NAIL# __.._ INSURER A:FCCI Insurance Company 10178 INSURED INSURER B:Travelers Property Casualty Company of America 25674 T.Morales Company Electric&Controls,Ltd. INSURER C:Texas Mutual Insurance Company 22945 111 P.O.Box 859 INSURER D: Florence,TX 76527 INSURER E 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 j _+ADDL'SUBR; POLICY EFF POLICY EXP T LTR I TYPE OF INSURANCE I INSD I WVD L POLICY NUMBER 'IMM/DDIYYYY) (MMIDDIYYYY)I LIMITS _ !II1 A ' X COMMERCIAL GENERAL LIABILITY 1 I EACH OCCURRENCE S 1,000,000 CLAIMS-MADE [..( X OCCUR CPP100038542 2/1/2019 21112020 DAMAGE TO RENTED ..Ea_ucurte S 1,000,000 —.__ _ _._..._ , 10,000 — MED EXP An one arson $ _ PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER- 'GENERAL AGGREGATE_ 2,000,000 POLICY 1 X J T j LOC 2,000,000 f PRODUCTS-COMP/OP AGG S OTHER. ! I S A I COMBINED SINGLE LIMIT 1,000 000 F(Ea accident) S ' ----AUTOMOBILE LIABILITY s ! X ANY AUTO CA10002209801 J 2/112019 2/112020 f 0; _._�� BODILY INJURY(Per person) S i OWNED 1 SCHEDULED AUTOS ONLY AUTOS YJ_BODILY INJURPer accident) $ RED pN oyy p X�AUTOS ONLY X AUTOS ON Y PROPERTY accidentDAMAGE_._..._._.___--f S $ B ;X UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 10,000,000 #EXCESS LIAR CLAIMS-MADE ZUP41M90716 2/112019 2/1/2020 10,000,000 I AGGREGATE $ ___---. 'DED X RETENTIONS 10,000` $ C WORKERS COMPENSATION '•X STATUTE ER AND EMPLOYERS'LIABILITY 1- 0001233200 2/1/2019 2/1/2020 ANY PROPRIETOR/PARTNER/EXECUTIVE Y 1 N i E.L.EACH ACCIDENT $ 1'000,000 OFFICER/MEMBER EXCLUDED? I NIA � '(Mandatory In NH) EL,DISEASE-EA EMPLOYEES 1,000,000 If yes,describe under 'DESCRIPTION OF OPERATIONS below 1 E.L.DISEASE-POLICY LIMIT $ 1,000,000 1 I L .. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) Additional Insured endorsement for General Liability,Auto Liability&Umbrella Liability included when required by written contract agreement.See attached. Waiver of Subrogation endorsement for General Liability,Auto Liability,Umbrella Liability& -- Workers'Compensation included when required by written contract agreement.See attached. 30 Day Notice of Cancellation endorsement for all policies Included when required by written contract agreement.See attached. General Liability,Auto Liability&Umbrella Liability Primary&Non-Contributory endorsement included when required by written contract agreement.See -- attached. RE:WTP&Lake Georgetown CERTIFICATE HOLDER CANCELLATION -' SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE r-- of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. 221 E.Main Street — Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE • ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD p T. Morales Company Electric & Controls CPP100038542 COMMERCIAL GENERAL LIABILITY 2/1/19 - 2/1/20 CGL 121 (04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ET CAREFULLY ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - I' AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS (TEXAS LIMITED SOLE NEGLIGENCE) This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE(OPTIONAL) Name of Additional Insured Persons or Organizations ' (As required by written contract or agreement per Paragraph A below.) Locations of Covered Operations A—s per the written contract or agreement, provided the location Is within the'coverage territory",) (Information required to complete this Schedule,If not shown above,will be shown in the Declarations ) A. Section II—Who is An Insured is amended to Include as an additional Insured: 1 Any person or organization for whom you ere performing operations when you and such person or organization have agreed In writing in a contract or agreement In effed during the term of thus policy that such person or organization be added as an additional insured on your policy;and 2 Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1,above;and 3 The particular person or organizat.an, if any scheduled above. Such persons)or organization(s)is an additional insured only with respect to liability for"bodily Injury", "property damage"or°personal and advertising Injury'occurring after the execution of Ihf rnntraCt or agreement described in Paragraph 1 above and caused, in whole or in part,by a. Your acts or omissions,or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured;or a. Your work'performed for the additional Insured and Included In the'products-completed operations hazard"if such coverage is specifically required In the written contract or agreement Page 1of3 COMMERCIAL GENERAL LIABILITY CGL 121 (04 13) With respect to liability of the additional insured for"bodily injury'of en employee or agent of a named insured or the employee of a named insured's subcontractor,coverage shall apply for the partial of sole negligence of to additional insured, but only if such coverage is specifically required in the written contract or agreement. However,the insurance afforded to such additional insureds)described above. a Only applies to the extent permitted by law, b Will not be broader than that which you are required by the contract or agreement to provide far such additional Insured; c. Will not be broader than that which is afforded to you under this policy, and d. Nothing herein she extend the term of this policy B. The insurance prodded to the additicrcai Insured does not apply to"bodily Injury", "property damage"or "personal and advertising injury"arising out of the rendering of, or the failure to render,any professional architectural,engineering or surveying services Including: 1 The preparing, approving,or failing to prepare or approve, maps,shop drawings opinions, reports, surveys,field orders,change orders or drawings and specifications;or 2. Supervisory, Inspection,architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary,excess,contingent or any other basis, unless the written contract or agreement requires that this insurance bo primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named insured. D With respect to the insurance afforded to these additional insureds,the following s added to Section ill- Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of Insurance. 1 Required by the contract or agreement described in Paragraph A 1 ,or 2. P,vailab!e urtides the applicable Ut1z41s of 4nsuranc a shown,n the Dedlarations, whichever is less This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. E. Section IV—Commercial General Liability Conditions Is amended as follows The Duties In The event of Occurrence,Offense,Claim or Suit condition Is amended to add the fallowing additional conditions applicable to the additional insured. An additional insured under this endorsement must as soon es practicable 1 Give us written notice of an"occurrence"or an offense which may result in a claim or"suit"under this insurance,and of any claim or"suit'that does result; 2 Send us copies of all legal papers received m connection with the claim or"suit,cooperate with us in the Investigation or settlement of the claim or defense against the"suit",and otherwise comply with all policy conditions,and Page 2 of 3 COMMERCIAL GENERAL LIABILITY CGL 121 (04 13) 3. Tender the defense and indemnity of any claim or"suit"to ony provider of other insurance which would cover the additional Insured for a loss we cover under this endorsement and agree to make available all such other insurance. However,this condition does not affect Paragraph C.above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"stilt". F This endorsement does not apply to any additional Insured or protect that ire specifically identified in any other additional Insured endorsement attached to the Commercial General Liability Coverage Form, .�J LJ Page 3o13 T. Morales Company Electric & Controls POLICY NUMBER: CPP100038542 COMMERCIAL GENERAL LIABILITY 2/1/19 -2/1/20 CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization who is required under a written contract or agreement between you and that person or organization that is signed and executed by you before the bodily injury or property damage (If no entry appears above, information% r c�L_ ,._ .his endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II —Who Is An Insured is amended to (1) All work, including materials, parts or include as an insured the person or organization equipment furnished in connection with shown in the Schedule, but only with respect to such work, on the project (other than liability arising out of your ongoing operations service, maintenance or repairs) to be performed for that insured. performed by or on behalf of the addi- B. With respect to the insurance afforded to these tional insured(s) at the site of the cov- additional insureds, the following exclusion is ered operations has been completed; added: or 2. Exclusions (2) That portion of"your work" out of which the injury or damage arises has been This insurance does not apply to "bodily in- put to its intended use by any person or jury"or"property damage"occurring after: organization other than another con- tractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 10 01 © ISO Properties, Inc., 2000 Page 1 of 1 ❑ r T. Morales Company Electric & Controls POLICY NUMBER: CPP100038542 COMMERCIAL GENERAL LIABILITY 2/1/19 -2/1/20 CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any person or organization who is required under a written contract or agreement between you and that person or organization that is signed and executed by you before the bodily injury or property damage oeeuzs liat isin effect Location And Description of Completed operations: Additional Premium: (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work" at the location designated and described in the schedule of this endorsement performed for that insured and included in the "products-completed operations haz- ard". CG 20 37 10 01 ISO Properties, Inc., 2000 Page 1 of 1 ❑ T. Morales Company Electric& Controls CPP 10003 8542 COMMERCIAL GENERAL LIABILITY 2/1/19 - 2/1/20 CGL 025 R11 o8y THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSUREDS --PRIMARY/NON-CONTRIBUTORY COVERAGE WHEN REQUIRED BY CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILJTY COVERAGE FORM The following is added to SECTION IV—Commercial General Liability Conditions,Paragraph 4,entitled"Other Insurance",subsection b entitled"Excess Insurance',paragraph(1): This insurance Is excess over (v) Any other insurance naming an additional Insured as an insured on a primary basis,excess•contingent or on any other basis unless a written contract specifically requires that this Insurance be primary and noncontributing. The written contract must be currently in effect or become Effective during the term of this policy and must be executed prior to the"bodily injury",'property damage"or"personal and advertising Innury" CGL025 11 08 Includes copyrighted material of Insurance Services Ofllty,*in its permission Paget of 1 ( � IaY Copyright 2008 FCCI Insurance Group T. Morales Company Electric & Controls CPP100038542 COMMERCIAL GENERAL LABILITY 2/1I19 - 2/1/20 Cat-r��tic tat THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY: FIRST CHOICE CONTRACTORS LIA►BIUTY ENDORSEMENT *** See page 4 of 4 for waiver of This endorsement modifies Insurance provided under the following subrogation. COMMERCIp►L.GENERAL LIABILITY COVERAGE FORM NOT E.The following are additions,replacements and amendments to the Commercial General Liability Coverage Form,and wilt apply unless excluded by separate endorsements)to the Commercial General Liability Coverage Form The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows- SECTION I-COVERAGES,COVERAGE A.BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1 Extended'Property Oama e" 9 Exclusion 2.a , Expected or Intended injury is replaced With the following: a. 'Bodily injury"or"property damage''expected or intended from the standpoint of the insured.This exclusion does not apply to"bodily injury"or"property damage"resulting from the use of reasonable force to protect persona or property 2 Non-owned Watercraft Exclusion 2.g (2)(a)is replaced with the following (a) Less than 51 feet long, and 3. Property Damage Liability—Borrowed Equipment The following is added to Exclusion 21 (4) Paragraph(4)of this exclusion does not apply to"property damage'to borrowed equipment while at a jobsite and not being used to perform operations The most we will pay for"property damage"to any one borrowed equipment item under this coverage Is$25,000 per"occurrence" The Insurance afforded under this provision is excess over any other valid and collectible property insurance(including deductible) available to the insured,whether primary,excess,contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2 p. is replaced with the following. p Electronic Data Damages arising out of the less o? loss of use of damage to, corruption of,Inability to access,or (liability to manipulate"electronic data'that does not result from physical 'njury to tangible property Y The most we will pay under Coverage A for"property damage"because of all loss of"electronic data" arising out of any one"occurrence"is$10,000 CGL 088(10 13) Inc udes copyrighted material of the insurance Services Office, Inc.,with Its porn'Won Page 1 of 1f Copyright 2013 FOCI Insurance Group COMMERCIAL GMERAL LIABILITY CGL 188(10 t ) Any error or omission in the description of,or failure to completely describe or disclose any premises. operations of products Intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products.provided such error or omission or failure to completely describe or disclose premises,opexatlao.s or products was not tttteritbnac You must report suth error or omission to us as soon as practicable after its discovery However,this provision does not affect oUr right to collect additional premium charges or exercise our right of cancellation or nonrenewal 5. The following Is added to paragraph 8.Transfer Of Rights Of Recovery Against Others To Us: However,we waive any right of recovery we may have because of payments we make for injury or damage arising out of your ongoing operations or"your work"included in the'products-completed operations hazard" Under the following conditions' a) Only when you have agreed in writing to waive such rights of recovery in a contract or agreement b) Only as to the person/entity as to whom you are required by the contract to waive rights of recovery; and cj Only if the contract or agreement Is in effect during the term of this poly,and was executed by you prior to the loss. 6 Paragraph 10.is added as Follows: i 0 Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide tine additional coverage as of the day the revision is effective in the applicable state(s). CGL 088(10 13) Includes copynghiad material of the insurance Services Office, Inc,wibl Its oarrnission Page 16 at 16 Copynfht 2013 FCC'insurance Group r-z 1 r_ry T.Morales Company Electric & Controls INtIRLINE CPP100038542 tL 014(04 04) 2/1/19 -2/1/20 THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY COVERAGE CHANGES r—, POLICY NUMBER ' POLICY CHANGES COMPANY EFFECTIVE FCCI INSURANCE COMPANY NAMED INSURED AUThURRZED REPRESENTNTNE 07090-001 Ward$ Moore Insurance Services 1023 Canyon Creek Dr COVERAGE PARTS AFFECTED r This endorsement modifies insurance provided under the following GENERAL LIABILITY CHANGES PREMIUM $0 This endorsement modifies Insurance provided under the following Blanket 3rd Party Notice of Cancellation IL 011 (07/09) If we cancel this policy for any statutorily permitted mason other than nonpayment of premium we will malt notice { of cancellation to any person or organtzatton to whom you have agreed in a Witten c;onka>i that Nike of 1 cancellation of this policy will be given but only if 1.YOU send us a written request to provide such notice,including the name and address of such person of organization,after the first Named Insured shown In the Declarations receives notice from us of the cancellation of this policy;and 2 We receive such written request at least 45 days before the effective date of cancellation We wilt mail such notice at least 3Q days before the effective date of the cencelietion. All other terms and conditions remain unchanged -, Authorized Representative Signature Li IL 014(04 O4) Contains copyrighted material of Insurance Services Page 1 of 1 office, Inc.,with its permission. T. Morales Company Electric& Controls POLICY NUMBER. CA10002209801 COMMERCIAL AUTOMOBILE 2f 1/19 -2i 1/20 CAl1 042(0 I IS) THIS ENDORSEMENT CHANGES THE POLICY PLEASE READ IT CAREFULLY ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms.conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below For the purpose of this endorsement,Section II A 1 Who Is An Insured is amended by adding the following: 1 Any person or organization designated in the schedule below is an Insured" or Liability Coverage but only to the extent that person or organization qualifies as an"insured"under the Who Is An Insured Provision contained in Section II of the Coverage Form 2. This insurance is primary and nor-contributory to other coverages of the person or organization shown In the Schedule when so required In a written contract or agreement that is executed prior to the loss for which coverage Is sought SCHEDULE Name of Person or Organization Any person or organization who Is required under a written contract or agreement between you and that person or ocgarktzeiton,that is ett3ned and executed you before the"bodtty tier}ury"or"property damage"uceurs and that is in effect during the policy period. CAU042(01 15) Includes copyrighted material of the Insurance Services Office,Inc with as permission. 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O O O V N 0 ( C t>" w A N �o A A O N N �i n• �� �OW N W N O t�� O O O y� M O O cn y�.� yyyyyy �• A A A A 0 00 0 0 0 C. 0 l=J CrJ a a d O 'A ■° Z O 07 > B C� `� <s sa ys a eD , 0 o rn o, O1 0� O, U O w •.7 `� A A F/9 4 69 69 ON 69 69 69 A tf N r V A Oo Oo --1 W A A ii �[ n• +F 1 �O A .A �O O O O CD A O O A W W 00 O O co H m _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C It a M °CLA �z a ft �C e O r.y N bA y9 69 En GM 69 69 69 6H H9 e� O O O O O O O O O O z v �> A a C x w v� 0 us 0 s A 0 sn 0 ds 0 113 0 EA 0 sOs 0 61) 0 0 o O 'v O c O o O c O o O 0 O 0 O 0 O 0 O GAI Gupta & Associates, Inc. consulting engineers TBPE Reg. #F-2593 13717 Neutron Road Dallas, Texas 75244 Tel: 972-490-7661 23 May 2019 City of Round Rock, Texas 2008 Enterprise Drive Round Rock, Texas 78664 Attn: Jeff Bell Re: WTP & Lake Georgetown Pump & Power Modifications Project Award Recommendation Dear Mr. Bell: Two competitive, sealed bids were received at the City's Office in Round Rock, Texas on Thursday, 16 May 2019 for the above referenced project. They were opened and publicly read. The bids were as follows: Contractor Total Base Bid Total Alternate Bids Total Bid T. Morales Co. Electric & Controls Ltd. $5,222,999.94 $1,011,000 $6,233,999.94 Grimsley Electric, Inc. $6,477,000.00 $789,940.00 $7,266,940.00 Both bidders submitted compliant bids. T. Morales Co. has done work for the City of Round Rock in the past of similar size and complexity. Experience from working with T. Morales in the past is that the City has no reservation to use them again. It is our opinion that T. Morales is qualified to perform the required work based on their previous experience with other similar scale projects and their experience with the City. There were two additive alternate items included with the bid. The total of the base bid plus additive alternates is within the budget established for this project. Based on the above details, we recommend awarding the contract to T. Morales Co. Electric & Controls Ltd in the amount of $6,233,999.94 If there are any questions, or if you require additional information, please do not hesitate to contact us. We look forward to working with you on this project as we move into the construction phase. Regards, Geor L e, P. . Gupta &Associates, Inc. cc: Moti Aggarwal, P.E. V. K. Gupta, P.E. 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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. 2019-492963 T. Morales Company Electric & Controls, Ltd Florence, TX United States Date Filed: 05/20/2019 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. 000000 WTP & Lake GT Pump & Pw WTP & Lake Georgetown Pump & Power Modifications 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 Randy M. Eldridge and my date of birth is My address is P.O. Box 859 Florence , Tx 76527 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Williamson County, State of31 �of May 2019 / (month) (year) i ,�54nature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c 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 Certificate Number: 12019-492963 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. T. Morales Company Electric & Controls, Ltd Florence, TX United States Date Filed: 05/20/2019 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: 06/12/2019 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. 000000 WTP & Lake GT Pump & Pw WTP & Lake Georgetown Pump & Power Modifications 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 Parry. X 6 LINSWORN DECLARATION My name is and my date of birth is My address is 1 , (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-orms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c