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Contract - Environmental Lighting Services - 8/22/2019 City of Round Rock,Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the k\J'J'CII./tk1/1 (`v)day of Y4,---. in the year 20M . BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Moira)~61 bq Lf tiq (entice ' L 1.C. ("Contractor") lo10 6 Ave7 I 6� ot P'a,i(*l e ,1x iccco The Project is described as: Downtown Historic Water Tank Lighting: The project includes placement of electrical conduit,junction boxes and a LED lighting system on the tank, legs,and cross bars. The Engineer is: David Freireich,P.E. City of Round Rock 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 Tit 2.011014,. At+ ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten ( 10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than NA ( NA )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than sixty ( 60 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. 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 dollars and No/100 Dollars($ 1000.00 ) 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 seventy ( 70 )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 five hundred and eighty two thousand dollars and no cents ($582,000.00 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X . Yes .If yes,please provide details below: N/A See, a.t-he rk 00500 4-2016 Page 2 of 5 Standard Form of Agreement 00307791 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the City of Round Rock General Conditions,and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth(10th)day of a month, Owner shall make payment to Contractor not later than the tenth (10th)day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the City of Round Rock General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements, if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Engineer. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round Rock General Conditions. 00500 4-2016 Page 3 of 5 Standard Form of Agreement 00307791 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary, Special,and other Conditions of the Contract are those contained in the Project Manual dated July 2019 7.1.4 The Specifications are those contained in the Project Manual dated July 2019 7.1.5 The Drawings,if any,are those contained in the Project Manual dated July 2019 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated July 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 July 2019 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000,"Federally Required Contract Clauses,as modified. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: N/A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Jeff Bell Project Manager Senior 2008 Enterprise Drive Round Rock,Texas 78664 8.3 Contractor's representative is: J 4 4\U e e lLl em 'r;4.. i?C 70S-4 131..r,i- rno,a yel 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 CK,T AS _ � r ' JIM jAr- Printed Na e: t"l P '‘Name:Name: JaAlta 14. 611Alt(i Title M 61 Title: (PreigdQ/ti t" Date Signed: 1. ' (1. 11 Date Signed: 0 /?I l 1 ATTEST: C4141/141-• (Ab444--- City Clerk FOR C.T APPR I VED A. TO FORM: City Atto `-y 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 City of Round Rock, Texas Contract Preparation Supplemental Information to Standard Form of Agreement between Owner and Contractor Downtown Historic Water Tank Lighting Changes to scope and price changes associated with post-proposal negotiated modifications to the Downtown Historic Water Tank Lighting Project are as follows: Original Proposed Amount $780,394 Final Negotiated Amount $582,000 Net Savings from Original Proposed Amount $198,394 ORIGINAL BASE BID $780,394 1) ADDED ALTERNATE 1A—DEDUCTIVE - $56,166 2) ADDED ALTERNATE 2A—DEDUCTIVE - $16,779 3) ADDED ALTERNATE 2B—DEDUCTIVE - $5,594 4) ADDED ALTERNATE 2D +40,169 5) ADDED ALTERNATE 3 +4,500 NEW BASE BID PLUS ALTERNATES $746,524 Negotiated Pricing: New lighting source obtained with product in stock -$164,524 FINAL NEGOTIATED AMOUNT $582,000 00600 INSURANCE AND CONSTRUCTION BOND FORMS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the bond must be counter-signed by Texas local recording agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website—www.tdi.state.tx.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement &Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Person. If the contractor is a corporation, then it should be signed by the President or the Vice-President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. 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. Bond#107123082 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Environmental Lighting Service LLC of the City of Grand Prairie Countyof Dallas , and State of Texas , as Principal, ani rnvelers Casualty and Surety Company of Americ 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 five hundred and eighty two thousand dollars and no cents Dollars ($ 582,000.00 ) 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 .1- day of 'e,PfL , 2011 to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Downtown Historic Water Tank Lighting (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 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 August , 20 19. 640;(0ANVAultervice141,c Travelers Casualty and Surety Company of America Principal _ Surety .1a.rrcc� 14 1 Vonda G Rivers Printed N Printed N By: By: Tit e: 9 i40AV Title: Attorney-In-Fact Ad ss: 1010 E Avenue J Address: PO Box 1729 Grand Prairie,TX 75050 Meridian, MS 39302 Resident Agent of Surety: DpPLY-A1--calr Signature Bridgette Jackson Printed Name 1301 E. Collins Blvd, Ste 111 Street Address Richardson, TX 75081 City, State & Zip Code Page 2 00610 7-2009 Performance Bond 00090656 Bond#107123082 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Environmental Lighting Service LLC , of the City of Grand Prairie , County of as Principal Dallas and State of Texas Travelers Casualty and Surety Company of America , an 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 five hundred and eighty two thousand dollars and no cents Dollars ($ 582,000.00 ) 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 17,6- day of &,11-l1142. , 20 (1 , 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: Downtown Historic Water Tank Lighting (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 August , 20 19. 6711S1(601.6*Al k+ !Cer LLB Travelers Casulaty and Surety of America Principal Sure-- Surety ��� °� • r�D �� Vonda G Rivers Printed N e Printed ame By: By; Gt.* Title: C eAA- Title: Attorney-In- act Addr ss: 1010 E Avenue J Address: PO Box 1729 Grand Prairie, TX 75050 Meridian, MS 39302 Resident Agent of Surety: eDf6,4CtstAQ. ( t),P,A1 Signature Bridgette Jackson Printed Name 1301 E Collins Blvd., Ste 111 Street Address Richardson, TX 75081 Page 2 00620 7-2009 Payment Bond nnnnnccc Travelers Casualty and Surety Company of America � . 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 Vonda G.Rivers of Meridian,Mississippi,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. The authority granted hereunder to sign,execute,seal and acknowledge any individual bond,recognizance,conditional undertaking,and other writing obligatory in the nature thereof is limited to the sum of TWENTY MILLION DOLLARS($20,000,000.00)per bond.. 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. fiturn:ofoN yr G!p p' y C < e ,�4cow , e 4 _ State of Connecticut 41 . 4 By: City of Hartford ss. Robert L.Raney,Se or 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. My Commission expires the 30th day of June,2021 :111:11N VYkakAi.t. C *M * Mane 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 execu ed b aid Compa ,which remai in f If c a d effect. Dated this fp day of ir A r 4w0 *). Y Ary0 . 2 HART O cam , s *" gag • bf • her 4 Kevin E.Hughes,Assi tant 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-Fact and the details of the bond to which the power is attached. AC_____,......14, in ORO" (p�r1T' i 3 IR-1 OP ID: C3 . INSURA S U RA ` E DATE(MM/DD/YYYY) �� CERTIFICATE OF LIABII Tel( 07/29/2019 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 601-693-6141 CONTACT Vonda Rivers NAME: Meyer 8 Rosenbaum Inc. PHONE(A/c,No,Ext): (A/c 601-693-6141 I F' 601-485-1728 2405 8th Street ,No): P.O.Box 1729 ADDRESS:vrivers@meyerandrosenbaum.com Meridian,MS 39302-1729 Bruce Martin INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Western Ins Co 10804 INSURED INSURER B: Environmental Lighting Service LLC INSURER C: 1010 E Avenue J Grand Prairie,TX 75050 INSURER D: 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 TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WI/D (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS MADE X OCCUR X CPA4269989-46 05/15/2019 05/15/2020 PDAMAGE REMISES TO occur RENTED $ 100,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY X LOC 2,000,000 PRODUCTS-COMP/OP AGG $ OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO X CPA4269989-46 05/15/2019 05/15/2020 BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY(Per accident) $ X HIRED X NON-OWNED_ PeOPERTY accident) DAMAGE $ . AUTOS ONLY AUTOS ONLY A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE X CPA4269989-46 05/15/2019 05/15/2020 AGGREGATE $ 10,000,000 DED RETENTION$ $ A WORKERS COMPENSATION X STATUTE FO H AND EMPLOYERS'LIABILITY ER/N ANY PROPRIETOR/PARTNER/EXECUTIVE WCA4269442-46 05/15/2019 05/15/2020 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Prop off premises CPA4269989-46 05/15/2019 05/15/2020 Property 500,000 A Leased/Rented CPA4269989-46 05/15/2019 05/15/2020 Equipment 200,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) City of Round Rock is listed as Additional Insured with regard to General Liability,Auto Liability and Excess Liability as per written contract. Thirty day notice of cancellation added in favor of Certificate Holder. CERTIFICATE HOLDER CANCELLATION CITYRO3 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock City Manager 221 E Main Street AUTHnPI�G FPRFSE TATIVE Round Rock,TX 78664 I JO ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities& Environmental Services 2008 Enterprise Drive BY : SLK Round Rods, Texas 78664 DATE: 7/31/2019 � BID TABULATION SHEET: 1 of 2 CONTRACT : Downtown Historic Water Tank Lighting Environmental Lighting G Services LOCATION : 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety? Statement of Safety? DATE: 7/31/2019 Addendum(s)? Yes Addendum(s)?Yes Addendum(s)? Addendum(s)? Bid Bond? Yes Bid Bond?Yes Bid Bond? Bid Bond? BASE BI D APPROX. UNIT UNIT UNIT UNIT ITEM # ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST Provi de al I parts& I abor for 1 Iighting/power/data/pathyway 1 LS $780,394.00 $780,394.00 $0.00 $0.00 $0.00 TOTAL BASE BID: $780,394.00 $0.00 $0.00 $0.00 --- ADD ALTERNATE 1A-Deductive APPROX. UNIT UNIT UNIT UNIT ITEM # ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 1 Delete Fixtures'N4'and all power 1 LS ($56,166.00) ($56,166.00) $0.00 $0.00 $0.00 TOTAL ADD ALTERNATE 1A-Deductive: A ($56,166.00) $0.00 $0.00 $0.00 ADD ALTERNATE 1B-Deductive 1 Delete Fixture'N75'-Top Railing 1 LS ($15,211.00) ($15,211.00) $0.00 $0.00 $0.00 TOTAL ADD ALTERNATE 1B-Deductive: ($15,211.00) $0.00 $0.00 $0.00 ADD ALTERNATE 113-Deductive 1 Delle Fixture'N75'-Bottom Railing 1 LS 1 ($15,211.00) ($15,211.00)1 1 $0.00 $0.00 $0.00 TOTAL ADD ALTERNATE 1D-Deductive: ($15,211.00)1 $0.00 $0.00 $0.00 THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities& Environmental Servioes 2008 Enterprise Drive BY: SLK Round Rods, Texas 78664 DATE: 7/31/2019 BID TABULATION SHEET: 2 of 2 CONTRACT : Downtown Historic Water Tank Lighting Environmental Lighting Services LOCATION : 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety? Statement of Safety? DATE: 7/31/2019 Addendum(s)?Yes Addendum(s)? Yes Addendum(s)? Addendum(s)? Bid Bond? Yes Bid Bond?Yes Bid Bond? Bid Bond? ADD ALTERNATE 2A-Deductive 1 Del ete(2)'N 14 Fixturesfrom Roof 1 LS ($16,779.00) ($16,779.00) $0.00 $0.00 $0.00 TOTAL ADD ALTERNATE 2A-Deductive: ($16,779.00)1 $0.00 $0.00 $0.00 ADD ALTERNATE 213-Deductive 1 Delete(4)Remai ni ng'N 14'Fixtures 1 LS ($5,594.00) ($5,594.00) $0.00 $0.00 $0.00 TOTAL ADD ALTERNATE 2B-Deductive: ($5,594.00) $0.00 $0.001 $0.00 ADD ALTERNATE 2C-Deductive 1 Del ete'N75 Fixture-Roof Perimeter 1 LS ($15,211.00) ($15,211.00)1 $0.00 1 $0.00 $0.00 TOTAL ADD ALTERNATE 2C-Deductive: ($15,211.00)1 $0.00 1 $0.00 1 $0.00 ADD ALTERNATE 2D (18)Traxon Model #XB.L7.931400 4' 1 RG B W Flood Lights 1 LS $40,169.00 $40,169.00 $0.00 $0.00 $0.00 TOTAL ADD ALTERNATE 2D: $40,169.00 $0.00 $0.00 $0.00 ADD ALTERNATE 3-Additive 1 Price to Add Scope-Extend N etwork 1 L S $4,500.00 $4,500.0 0 $0.00 $0.00 $0.00 TOTAL ADD ALTERNATE 3-Additive: $4,500.00 $0.00 $0.00 1 $0.00 ADD ALTERNATE 4 1 Per Foot uni t Pri ce for L i ghti ng 1 L S $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL ADD ALTERNATE 4: $0.00 $0.00 $0.00 $0.00 TOTAL BASE BI D+ADD ALT.1A,1B,1D,2A,2B, 2C,2D,3,4: $700,891.00 $0.00 $0.00 $0.00 Citv of Round Rock, Texas Contract Preparation Supplemental Information to Standard Form of Agreement between Owner and Contractor Downtown Historic Water Tank Lighting Related toArticle 4 Contract Sum A. TOTAL CONTRACT SUM (including Owner's Bettennent\: $582,000 B. See attached Exhibit: Proposal dated 8/6/l9 Contractor: Environmental Lighting Services Representative Signature: JarauHeaxev Prin1edNamne: Jarad B Bailey, President DaLeSigned: 8/7/2019 Proposal August 06, 2019 Summary: PROJECT Reference#: 2116-124890 Environmental Lighting Service,LLC 1010 EAvenue J, Grand Prairie, 7X 75050 SP: JBAILEY ..................... 800-940-5448 Due Date: 9/5/2019 www.eislight.com Job Name: CITY OF ROUND ROCK DOWNTOWN HISTORIC WATER TOWER 221 E. MAIN ST 200 ROUND ROCK AVE OLD ROUND ROCK, TX 78664 OLD ROUND ROCK, TX 78664 512-218-5431 HerebyWe • Specifications . Estimates For: Scope: Customer has requested that ELS provide turn key proposal for installing Traxon lighting products on Historic Water Tower in downtown Round Rock. ELS will provide the below labor and material as listed below. Receive approval from customer Coordinate with Oncor and engineer for primary power Contact Dig Test to locate all utilities Coordinate with engineer and lighting agent for final M&V prior to city's fixture order Furnish and install all electrical and data as described in E drawings dated 7/2/2019 attached to original Project manual bid copy 7-16-19 Furnish and install ubiquiti networking equipment and data lines Furnish & Install Traxon material on the following water tower locations (8) leg runs of linear Traxon Media Tube HO at approximately 95' per run (2 runs per leg) (3) circular runs of linear Traxon Media Tube HO at approximately 75' per run (4) horizontal strut runs of linear Traxon Media Tube HO at approximately 36' per run (4) horizontal strut runs of linear Traxon Media Tube HO at approximately 32' per run (4) horizontal strut runs of linear Traxon Media Tube HO at approximately 26' per run (18) Traxon linear quattro flood fixtures on top hat of water tower (16) Traxon washer quattro flood fixtures aimed at the belly and ground of water tower Traxon material and type listed below (229) 5' linear direct view media tube (12) 1' linear direct view media tube (125)2' linear direct view media tube (16) Washer quattro type 1 flood light (18) Linear quattro 2' linear flood Furnish and install ETC control equipment, Custom exterior rack heat/ac, start up programming, (2)4 hour sessions on separate days, Data termination Energize system and run all necessary tests Clean up loose debris and material from job site *Normal working hours from 8-5 p.m., M-F, excluding holidays* *Tax not included* We propose hereby to furnish material and labor-complete in accordance with the above specifications,for the sum of;$582,000.00 Payment to be made as follows: UPON RECEIPT This information is confidential and proprietary.No Part of this document may be disclosed in any manner to a third party without the prior written consent Environmental Lighting Service,LLC Proposal _ August 06, 2019 A Summary: PROJECT Environmental Lighting Service,LLC Reference#: 2116-124890 1010 EAvenue J, Grand Prairie, TX 75050 SP: JBAILEY 800-940-5448 Due Date: 9/5/2019 www.eislight.com Job Name: CITY OF ROUND ROCK DOWNTOWN HISTORIC WATER TOWER 221 E. MAIN ST 200 ROUND ROCK AVE OLD ROUND ROCK, TX 78664 OLD ROUND ROCK, TX 78664 512-218-5431 HerebyWe • Specifications • Estimates For: Any alteration or deviation from the specifications involving extra costs will be executed only upon written orders and will become an extra charge over an above the estimate.All agreements contingent upon strikes,accidents,or delays beyond our control and shall not be binding prior to credit approval. Environmental Lighting Service to carry all necessary insurance required by local ordinances.A certificate of insurance will be furnished upon request.Th prevailing party in any litigation involving this contract shall be entitled to reasonable attorney's fees to be awarded by the court. TECL 26337 Regulated by the Texas Department of Licensing and Regulation PO Box 12127,Austin,TX 78711,800-803-9202,512-463-6599 www.tdlr.texas.gov Authorized Acceptance Signature Signature Date MEP/ENERGY CONSULTANTS 115 East Main Street COMMISSIONING •FIELD INVESTIGATIONS Round Rock,Texas 78664 PH: (512)218-0060 FIRM F-4095 FAX: (512)218-0077 August 1, 2019 City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Attn: Jeff Bell' Project: City of Round Rock—Water Tower Lights HCE #19-017 It is our recommendation that the City of Round Rock proceed with a "Contractual Agreement" with Environmental Lighting Service for the installation of the electrical, lighting and controls portion of the Historic Water Tower project. This recommendation is based on bids received on July 31, 2019 and the knowledge the Contractor shows for lighting projects of this scale. Sincerely, )5FA-le - Byron Hendrix, P.E. Hendrix Consulting Engineers Page 1 of 1 CERTIFICATE OF INTERESTED PARTIES FORM1295 10(l Complete Nos.1-4 and 6 it 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 lCertificate Number: of business. 2019-522893 Environmental Lighting Service Grand Prairie,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 07/30/2019 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. HISTORIC WATER TANK LIGHTING DOWNTOWN HISTORIC WATER TANK LIGHTING.FURNISH AND INSTALL CUSTOM DESIGNED LED LIGHTING ON WATER TANK. 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, MV 6 UNSWORN DECLARATION My name is and my date of birth is My address is No A, I Pwre- , 1 7§6-5-0—. (.)SA (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.-a) day of 20 for , _LL, (rnont (year) Sig re of authodzed-mjeeof contracting business entity (Declarant) Forms provided by Texas Ethics Commission WWW state.tx.us Version V1.1.3918039c CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-522893 Environmental Lighting Service Grand Prairie, 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 07/30/2019 being filed. CITY OF ROUND ROCK Date Acknowledged: 08/07/2019 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. HISTORIC WATER TANK LIGHTING DOWNTOWN HISTORIC WATER TANK LIGHTING. FURNISH AND INSTALL CUSTOM DESIGNED LED LIGHTING ON WATER TANK. 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