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Contract - IE2 Construction, Inc. - 6/27/2019 City of Round Rock, Texas Contract Forms Standard Form of Agreement for Competitive Sealed Proposal: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of th* • ( 701)day of JR., in the year 2019. 011#14- BETWEEN the Owner: City of Round Rock, Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor IE 2 Construction,Inc. ("Contractor") 2205 West Braker Lane Austin,Texas 78758 The Project is described as: Fire Station 3 -Sundance 221 Sundance Parkway Round Rock,Texas, 78681 The Architect is: McKinney York Architects 1301 East Seventh Street Austin,Texas 78702 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 Page 1 of 6 Standard Form of Agreement 0038893/ss2 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 entire Work no later than Three Hundred Ninety- Six(396) days from the 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 adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than Four Hundred Twenty-Six(426) days from the 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 Four Million Seven Hundred Ninety-One Thousand Five Hundred and No/100 Dollars ($4,791,500.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum does not include the following alternates which may be accepted during the term of this Agreement by the City at the sole discretion of the City for the prices set forth below and in the Bid Proposal: N/A ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Architect and Owner by Contractor, and Certificates for Payment issued by Architect and not disputed by Owner and/or Owner's lender, Owner shall make progress Page 2 of 6 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 Architect and Owner, and Architect 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 Architect and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Architect 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 Architect and Owner may require. This schedule, unless objected to by Architect 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 Architect. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Architect'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. 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. Page 3 of 6 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 for Competitive Sealed Proposals, 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 June 27,2019. 7.1.4 The Specifications are those contained in the Project Manual dated June 27,2019. 7.1.5 The Drawings,if any, are those contained in the Project Manual dated June 27,2019. 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated June 27,2019. 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form, and Addenda,if any,are those contained in the Project Manual dated June 27,2019. 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: Supplemental Information to Standard Form of Agreement 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: Matthew Smith Project Manager Building Construction 212 Commerce Boulevard Round Rock, TX 78664 8.3 Contractor's representative is: Darren Rainwater Project Manager, Senior 2205 West Braker Lane Austin,TX 78758 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. Page 4 of 6 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. In accordance with Chapter 2270, Texas Government Code, a governmental entity may not enter into a contract with a company for goods and services unless the contract contains written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of this contract. The signatory executing this Agreement on behalf of Contractor verifies Contractor does not boycott Israel and will not boycott Israel at any time during the term of this Agreement. 8.10 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. 8.11 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. [Signatures on the following page.] 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 Landscape Architect for use in the administration of the Contract, and the remainder to Owner. 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 Architect for use in the administration of the Contract, and the remainder to Owner. Page 5 of 6 OWNER CONTRACTOR CITY ROUND ROCK,TEXAS IE2 CONSTRUCTION,INC. /10 Printed Name: Printed Name: (Q/{de. Title Cl/lj Title: aw Date Signed: '110 Date Signed: & ,14261l! ATTEST: -gR2a- eedd>. City Clerk FOR CI , PPROVED AS T1D FORM: ry L c 4.44) City Attom Page 6 of 6 Bond #PRF9233775 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That IE2 Construction, Inc. of the City of Austin ilal a,.. t1cd11 Casualty and Surety County of Company Travis _ , and State of Texas , as Principal, and Fidelity and Deposit Company of Maryland 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 Four Million Seven Hundred Ninety One Thousand Five Hundred and No/100 Dollars ($ 4,791,500.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the -' day of TiJ1 , 2019to which the Agreement is hereby referred to and made a part hereof as fully a d to the same extent as if copied at length herein consisting of: Fire Station 3-La Frontera (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 00610 7-2009 Performance Bond 00090656 r , 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 27th day of June , 2019 Colonial American Casualty and Surety Company IE2 Construction, Inc. Fidelity and Deposit Company of Maryland Principal Surety Michael K.Nieft Emily Mikeska Printed Name Printed Name By: By: ✓JG �. Title: President Title: A xiey-In- act Address: 2205 Bra Lance Address: 1023 Canyon Creek Dr. #110 Austin, Texas 78758 Temple, TX 76502 Resident Agent of Surety: ignature Thomas Douglas Moore Printed Name 1023 Canyon Creek Dr. #110 Street Address Temple, TX 76502 City, State &Zip Code Page 2 00610 7-2009 Performance Bond 00090656 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY, a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY,a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by DAVID MCVICKER,Vice President,in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint John R. WARD, Eva LIMMER, Douglas MOORE, Emily MIKESKA and Allyson W. DEAN, all of Dallas, Texas, EACH its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver,for,and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 17th day of December,A.D.2018. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND 0+3114, '�v ocrps� ptl t.................•. +.+w. � • P�p:T SEAL ° rl0 • woe3' >>>`t4ph....... Assistant Secretary Vice President Dawn E.Brown David McVicker State of Maryland County of Baltimore On this 17th day of December,A.D.2018,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,DAVID MCVICKER,Vice President,and DAWN E.BROWN,Assistant Secretary, of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith, that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. 010.1111i,r,, Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 168-2900B .• .r , D Fidelity and Deposit Companies 6 to Home Office: 1299 Zurich Way,5 Floor,Schaumburg,Illinois 60196-1056 . nth+ IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-382-2150 You may contact the Texas Department of Insurance to obtain informatonon 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 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. S8543f(TX)(08/01) i k • • Bond #PRF9233775 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That IE2 Construction, Inc. , of the City of Austin , County of Travis and State of Texas �o nial c C as Principal, anu FidelityAmeri andan Deposit Casualty Companyand of Surety Maryland 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 Four Million Seven Hundred Ninety One Thousand Five Hundred and No/l00 Dollars ($ 4,791,500.00 ) 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 Zvi day of St1.1.)---. , 2019 , 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: Fire Station 3-La Frontera (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 this 27th day of June , 2019 Colonial American Casualty and Surety Company IE2 Construction, Inc. Fidelity and Deposit Company of Maryland Principal Surety Michael K. Nieft Emily Mikeska Printed Name Printed Name By: By: fj:j4 Title: President — Title: ey-I -Fa Address: 2205 Braker Lane Address: 1023 Canyon Creek Dr. #110 Austin, Texas 78758 Temple, TX 76502 Resident Agent of Surety: Signature Thomas Douglas Moore Printed Name 1023 Canyon Creek Dr. #110 Street Address Temple, TX 76502 Page 2 00620 7-2009 Payment Bond 00090656 ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That the ZURICH AMERICAN INSURANCE COMPANY,a corporation of the State of New York,the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, a corporation of the State of Maryland, and the FIDELITY AND DEPOSIT COMPANY OF MARYLAND a corporation of the State of Maryland (herein collectively called the "Companies"), by DAVID MCVICKER,Vice President,in pursuance of authority granted by Article V, Section 8,of the By-Laws of said Companies,which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, do hereby nominate, constitute, and appoint John R. WARD, Eva LIMMER, Douglas MOORE, Emily MIKESKA and Allyson W. DEAN, all of Dallas, Texas, EACH its true and lawful agent and Attorney-in-Fact,to make, execute, seal and deliver, for,and on its behalf as surety, and as its act and deed: any and all bonds and undertakings, EXCEPT bonds on behalf of Independent Executors, Community Survivors and Community Guardians. and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Companies, as fully and amply, to all intents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers of the ZURICH AMERICAN INSURANCE COMPANY at its office in New York,New York.,the regularly elected officers of the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY at its office in Owings Mills, Maryland., and the regularly elected officers of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at its office in Owings Mills, Maryland., in their own proper persons. The said Vice President does hereby certify that the extract set forth on the reverse side hereof is a true copy of Article V, Section 8,of the By-Laws of said Companies,and is now in force. IN WITNESS WHEREOF, the said Vice-President has hereunto subscribed his/her names and affixed the Corporate Seals of the said ZURICH AMERICAN INSURANCE COMPANY, COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, and FIDELITY AND DEPOSIT COMPANY OF MARYLAND,this 17th day of December,A.D.2018. ATTEST: ZURICH AMERICAN INSURANCE COMPANY COLONIAL AMERICAN CASUALTY AND SURETY COMPANY FIDELITY AND DEPOSIT COMPANY OF MARYLAND zposu4",i ''Y 1gMp ^� :V l, t O 0 ' ,I d BY: Assistant Secretary Vice President Dawn E.Brown David McVicker State of Maryland County of Baltimore On this 17th day of December,A.D.2018,before the subscriber,a Notary Public of the State of Maryland,duly commissioned and qualified,DAVID MCVICKER,Vice President,and DAWN E.BROWN,Assistant Secretary,of the Companies,to me personally known to be the individuals and officers described in and who executed the preceding instrument, and acknowledged the execution of same, and being by me duly sworn, deposeth and saith,that he/she is the said officer of the Company aforesaid,and that the seals affixed to the preceding instrument are the Corporate Seals of said Companies,and that the said Corporate Seals and the signature as such officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporations. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Seal the day and year first above written. ,a Constance A.Dunn,Notary Public My Commission Expires:July 9,2019 POA-F 168-2900B .• • • F., D Fidelity and Deposit Companies r( Home Office: 1299 Zurich Way,5th Floor,Schaumburg,Illinois 60196-1056 IMPORTANT NOTICE To obtain information or make a complaint: You may call the Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company, and/or Zurich American Insurance Company's toll-free telephone number for information or to make a complaint at: • .N 1-800-382-2150 • • 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 787-14-9104 FAX# (512) 475-1771 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning the premium or about a claim, you should first contact Fidelity and Deposit Company of Maryland or Colonial American Casualty and Surety Company. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. 58543f(TX)(08/01) 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 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. .�'� IE2CONS-01 AWOLF '4 o CERTIFICATE OF LIABILITY INSURANCE DATE 5/6/2 D/YYYY) /6/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Connie Williamson NAME: Ward&Moore Insurance Services PHONE FAX 1023 Canyon Creek Drive (A/C,No,Ext):(254)899-8682 (A/C,No): Suite 110 ADDRESS:cwilliamson@ward-moore.com Temple,TX 76502 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:The Phoenix Insurance Company 25623 INSURED INSURER B:The Travelers Indemnity Company of America 25666 IE2 Construction Inc. INSURER C:The Travelers Indemnity Company of Connecticut 25682 2205 West Braker Lane INSURER D:Texas Mutual Insurance Company 22945 Austin,TX 78758 INSURER E:Travelers Property Casualty Company of America 25674 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD (MM/DD/YYYY) IMM/DD/YYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR CO8K538203 4/29/2019 4/29/2020 DAMAGE TO RENTED 300,000 PREMISES�Ea occurrence) $ MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X PET- LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: ELECTRONIC DATA $ 1,000,000 B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO BA9M28687A 4/29/2019 4/29/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HI NO -AWNED PROPERTY DAMAGE AUTOSRED X ONLY AUTOS ONLY (Per accident) $ C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LIAB CLAIMS-MADE CUP8K545360 4/29/2019 4/29/2020 AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 $ D WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY 0001200496 4/30/2019 4/30/2020 STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? 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 E Excess-Commercial ZUP61M2269619NF 4/29/2019 4/29/2020 Each Occurrence 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Additional Insured endorsements for General Liability and Auto Liability when required by written contract agreement attached. Waiver of Subrogation endorsements for General Liability,Auto Liability and Workers Compensation when required by written contract agreement attached. 30 Day Notice of Cancellation endorsements for all policies when required by written contract agreement attached. General Liability,Auto Liability and Umbrella Liability Primary&Non-Contributory endorsement when required by written contract agreement attached. RE:Fire Station 3-La Frontera 221 Sundance Parkway,Round Rock,TX CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 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 AWOLF A EVIDENCE OF PROPERTY INSURANCE DA7/24/2019 TE i THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE ADDITIONAL INTEREST. AGENCY PHONE (254)771-5700 (A/C,No,Ext): COMPANY Ward&Moore Insurance Services The Hanover Insurance Company 1023 Canyon Creek Drive 440 Lincoln Street Suite 110 Worcester,MA 01653-0002 Temple,TX 76502 (A c,Noi;(254)771-5710 E-MAILDDESS: CODE:1602542 SUB CODE: AGENCY CUSTOMER ID#:IE2CONS-01 INSURED 1E2 Construction Inc. LOAN NUMBER POLICY NUMBER 2205 West Braker Lane IHDA90069004 Austin,TX 78758 EFFECTIVE DATE EXPIRATION DATE 4/29/2019 4/29/2020 CONTINUED UNTIL TERMINATED IF CHECKED THIS REPLACES PRIOR EVIDENCE DATED: PROPERTY INFORMATION LOCATION/DESCRIPTION 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 EVIDENCE OF PROPERTY INSURANCE 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. COVERAGE INFORMATION PERILS INSURED BASIC BROAD SPECIAL COVERAGE/PERILS/FORMS AMOUNT OF INSURANCE DEDUCTIBLE Limit at any one location Limit-Masonry NC or Better $10,000,000 Limit at any one location Limit-Metal/NC $6,000,000 Limit at any one location Limit-Frame or Brick Veneer $2,000,000 Limit at temporary location Limit $100,000 Transit limit Limit $100,000 Special Coverage Form-Replacement Cost 1,000 REMARKS(Including Special Conditions) Special Conditions: This is a reporting form Builders Risk Policy.Coverage for this project is conditional upon the contractor reporting the project to the insurance company. RE:Fire Station 3-La Frontera 221 Sundance Parkway,Round Rock,TX CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ADDITIONAL INTEREST NAME AND ADDRESS ADDITIONAL INSURED LENDER'S LOSS PAYABLE X LOSS PAYEE MORTGAGEE LOAN# City of Round Rock 221 E.Main Street Round Rock,TX 78664 AUTHORIZED'7 REPRESENTATIVE ACORD 27(2016/03) ©1993-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ._e Competitive Sealed Proposal Ranking for: Fire Station No.3 06 ti y r C0O '= a c7 o W y y in n C Q O Z CL r a 3 Contractor Name o cc Base Price Alternates Totals Total Cost v (U a "= c a v Total Points Q CO N W O C O /0 M O C O -p u a i N 3 'L- d 7 N N ++ W Q Q d M �Gl XW "O E Z d G' W •Q M V LL `L a IE2 y y y $4,791,500.00 $0.00 $4,791,500.00 35.20 18.20 17.80 18.60 0.00 89.80 1 FT Woods y y y $4,948,000.00 $0.00 $4,948,000.00 34.09 17.40 17.80 17.20 -0.40 86.09 2 Lott Brothers y y y $5,185,000.00 $0.00 $5,185,000.00 32.53 17.20 18.60 18.20 -1.20 85.33 3 STIR Contractors y y y $4,740,000.00 $0.00 $4,740,000.00 35.59 16.00 16.80 14.00 -1.40 80.99 4 Chaney-Cox y y y $5,040,000.00 $0.00 $5,040,000.00 33.47 18.00 15.00 15.00 -0.80 80.67 5 John King y y y $5,196,865.00 $0.00 $5,196,865.00 32.46 15.80 13.00 13.80 -1.20 73.86 6 Braun & Butler y y y $5,560,000.00 $0.00 $5,560,000.00 30.34 16.40 9.80 15.20 -1.00 70.74 7 Chasco y y y $5,300,000.00 $0.00 $5,300,000.00 31.83 14.40 12.00 13.20 -1.00 70.43 8 Joeris y y y $5,920,000.00 $0.00 $5,920,000.00 28.49 15.80 13.60 11.80 -0.60 69.09IF 9 Prime y y y $5,376,000.00 $0.00 $5,376,000.00 31.38 12.00 12.40 11.20 -0.20 66.78 10 G. Hyatt Construction y y y $4,670,000.00 $0.00 $4,670,000.00 36.127 13.20 12.80 7.40 1 -4.20 1 65.32 11 Trimbuilt y y y $4,216,987.00 $0.00 $4,216,987.00 40.00 9.60 9.20 8.40 -3.00 64.20 12 Insert Contractor Name Here $0.00 $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 13 Insert Contractor Name Here $0.00 $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 13 Insert Contractor Name Here $0.00 $0.00 $0.00 0.00 0.00 0.00 0.00 0.00 0.00 13 Selection Committee: Matthew Smith,Aneil Naik,Scott Parker,Shane Glasier,Chris Perkins Date: 5/2/2019 CERTIFICATE OF INTERESTED PARTIES FORM1295 l of l Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity fling form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-504361 IE2 Construction Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/13/2019 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 General Contracting-Round Rock Fire Station#3 Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is �"�'& meK �..._..._.._ (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. IN r"" 't,, Executed in County, Stale of ,on th _day of. 701C,�.. ,20-. (month) (year) Signature of au horized 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 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-504361 IE2 Construction Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 06/13/2019 being filed. City of Round Rock Date Acknowledged: 06/27/2019 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 General Contracting-Round Rock Fire Station#3 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.39f8039c