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Contract - Percheron Construction - 8/8/2019 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 ofthe'l({�i�—��� (4da of__74S'f"' in the year 20 t BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Percheron Construction,LLC ("Contractor") 13900 Ranch Road 12,Ste C Wimberley,Texas 78676 The Project is described as: Project includes construction of 3 custom trash bin enclosures the instillation of gates/locks,bollards,and concrete pad pouring.This project also has 1 trash dumpster enclosure demolition. The Engineer is: Justin Madding, P.E.,PMP 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 ge.4001 O ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten ( 10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than N/A ( N/A )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than fourty five ( 45 )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 five hundred and No/100 Dollars($500.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement. It is agreed that the harm that would be caused by such failure,which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement,the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation,the recovery of actual damages.The date(s)specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than fifty five ( 55 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be one hundred twenty-six thousand six hundred and fourty-five dollars and zero cents ($ 126,645.00 ),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 N/A 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 • v 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 June 2019 7.1.4 The Specifications are those contained in the Project Manual dated June 2019 7.1.5 The Drawings, if any,are those contained in the Project Manual dated June 2019 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated June 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 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: Juan Martinez,Engineer Associate City of Round Rock 2008 Enterprise Drive,Round Rock,TX 78664 (512)341-3332;jmartinez@roundrocktexas.gov 8.3 Contractor's representative is: Mike Stout,Project Manager Percheron Construction,LLC 13900 Ranch Road 12,Ste C,Wimberley,Tx 78676 Mike 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 1 • 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 C TEXAS Percheron Cons ..€41 L Printed Na e: Printed Name: £ 01 Nathan Sloan Title t44/ 0T -- Title: Vice President Date Signed: •22.• t� 8/15/19 g Date Signed: ATTEST: tivstdcybb City Clerk FOR CI! Y,APPROVED TO FORM: - City Attorn:t 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 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. , Bond No. EAIC4000441 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That Percheron Construction, LLC of the City of Wimberley , County of Hays , and. State of Texas , as Principal, and Endurance American Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner),in the penal sum of one hundred twenty-six thousand six hundred fourty-five dollars and zero cents Dollars ($ 126,645.00 ) 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 Nb day of _ , 201.to which the Agreement is hereby referred to and made a part hereof as fully an to the same extent as if copied at length herein consisting of: City of Round Rock-Dumpster Enclosures 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 tejin 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 Sarety have signed and sealed this instrument this N/ 7&671)Th day of , 0.8 u s-f— , 20_(_( . Percheron Construction, LLC Endurance American Insurance Company Principal Surety \__=\Yc, S l Qcon Blaine Allen Printed Name Printed Na e By: By: Title: tzpv`f1 Q 1r Title: Attorney-in-Fact Address: 13900 Ranch Road 12, Suite C Address: 4 Manhattanville Road Wimberley, TX 78676 Purchase, NY 10577 Resident A of Surety: ' r • nature Brock Baldwin Printed Name 5930 Preston View Blvd., Ste 200 Street Address Dallas, TX 75240 City, State&Zip Code Page 2 00610 7-2009 Performance Bond 00090656 Bond No. EA1C4000441 PAYMENT BOND THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Percheron Construction, LLC , of the City of Wimberley , County of Hays , and State of Texas as Principal, and Endurance American Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of one hundred twenty-six thousand six hundred fourty-five dollars and zero cents Dollars ($ 126,645.00 ) 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 intonq certain written Agreement with the Owner, dated the 201> day of , 20_11_, to which Agreement is hereby referred to and made a part hereof as fully an to the same extent as if copied at length herein consisting of: City of Round.Rock-Dumpster Enclosures 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 /4; day of cc -_, 2O . Percheron Construction, LLC Endurance American Insurance Company Principal Surety I Sc C,I CiCtY1 Blaine Allen Printed Name Printed Na e By: "--i By: Titl i _: 0 W h Title: Attorney-in-Fact Address: 13900 Ranch Road 12, Suite C Address: 4 Manhattanville Road Wimberley, TX 78676 Purchase, NY 10577 Resid Agen /fir urety: C f - Signature Brock Baldwin Printed Name 5930 Preston View Blvd., Ste 200 Street Address Dallas, TX 75240 Page 2 00620 7-2009 Payment Bond 00090656 NOTICEPOLICYHOLDER TEXAS-IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una You may call the company's telephone number for queja: information or to make a complaint at: Usted puede Ilamar al numero de telefono de la compania para informacion o para someter una queja al: 1-212-471-2800 1-212-471-2800 You may write the Company at: Usted tambien puede escribir a: Endurance American Insurance Company Endurance American Insurance Company Attention:<<Business Unit» Attention:<<Business Unit» 750 Third Avenue 750 Third Avenue New York,NY 10017 New York,NY 10017 You may contact the Texas Department of Puede communicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at: de companias, coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Puede escribir al Texas Department of Insurance Departamento de Seguros de Texas PO Box 149104 PO Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 FAX#(512)475-1771 FAX#(512)475-1771 Web: http://www.tdi.texas.gov Web: http ://www.tdi.texas.gov E-mail:ConsumerProtection@tdi.texas.gov E-mail:ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene dispute concerning your premium or about a claim una disputa concerniente a su prima o a un you should contact the company first. If the dispute reclamo, debe comunicarse con la compania is not resolved,you may contact the Texas primero. Si no se resuelve la disputa, puede Department of Insurance. entonces comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: This notice UNA ESTE AVISO A SU POLIZA: Este aviso es solo is for information only and does not become a part para proposito de informacion y no se convierte en or condition of the attached document. parte o condicion del documento adjunto. «Endurance Insurer>> Page 1 of 1 PN 0001 0413 TX ENDURANCE AMERICAN INSURANCE COMPANY 115 POWER OF ATTORNEY Know all 7v1en 6y these Present, that ENDURANCE AMERICAN INSURANCE COMPANY,a Delaware corporation(the"Corporation"),with offices at 750 Third Avenue,New York, NY 10017,has made,constituted and appointed and by these presents,does make,constitute and appoint BROCK BALDWIN,MICHAEL B.HILL,BRENT BALDWIN, WILLIAM D.BALDWIN,BRADY K.COX,RUSS FRENZEL,BLAINE ALLEN,TRENAE DONOVAN,TONIE PETRANEK,KEITH ROGERS its true and lawful Attomey(s)-in-fact,at DALLAS in the State of TX and each of them to have full power to act without the other or others,to make,execute,seal and deliver for and on its behalf bonds, undertakings or obligations in surety or co-surety with others,also to execute and deliver on its behalf renewals,extensions,agreements,waivers,consents or stipulations relating to such aforesaid bonds,undert s,or obligations provided,however,that no single bond or undertaking so made,executed and delivered shall obligate the Corporation for any portion of the penal sum thereof(me sor esuniotTENMILLIONDollars($10,000,000). Such bptidsand undertaltift9s for saidpurposes,when duly executed by said attomey(s)-in-fact,shall be binding upon the Corporation as fully and to the same extent as if signed by the President df tttt+ orpt ration urtde/'iss corporate seal attested by its Corporate Secretary. Thts'4 pointment is made under and by authorfty of certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on the 21st day of July,2011,a copy of which appears beiwvr under the heading Oititted"Certificate". This'Pgwer of AttorneyAttorney1SAided and seated,yfacsimile under and by authority of the following resolution adopted by the Board of Directors of the Corporation by unanimous written consent on the•21stdey of July,20'11`and said resolutipn;has not since been revoked,amended or repealed: RESO{.V.ECI Ujat In granting pour$of attorney pursuant to certain resolutions adopted by the Board of Directors of the Corporation by unanimous written consent on the 21st day of July,2011 the signature pfsuch directors and otCcers and the seal of the Corporation may be affixed to any such power of attorney or any certificate relating thereto by facsimile,and any such power of attorney or'eettifaate bearing suOv,f4Csiritile signature or seal shall be valid and binding upon the Corporation in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF the•Corporation has caused these presents to be duly signed and its corporate seal to be hereunto affixed and attested this 16th day of June,2017 at New York,New York. (Corporate Seal) ENDURANCE AMERICAN INSURANCE COMPANY ATTEST° Q " By RICHARD M.APPEL,SENIOR VICE PRESIDENT BRIAN BEGGS,EXECUTIVE VICE PRESIDENT STATE OF NEW YORK ss:MANHATTAN COUNTY OF NEW YORK On the 16th day of June,2017 before me personally came BRIAN BEGGS to me known,who being by me duly sworn,did depose and say that(s)he resides in NEW YORK,NEW YORK that (s)he is a EXECUTIVE VICE PRESIDENT of ENDURANCE AMERICAN INSURANCE COMPANY,the Corporation described in and which executed the above instrument;that(s)he knows the seal of said CorporatioM that therseal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Corporation,and that(s)he signed his(her) name thereto'by li. re (Notarial 4A+ s �q,pr a'ovE, i M •a> _ $/F Y ""S Nicholas James Benenati,Notary Public-My Commission Expires 12/07/2019 �• Rg CERTIFICATE STATh Of,NEW Y tK $ ass;MANHATTAN COUNTY OWS'ftHTE} „ I,CHRISTOPHEW SPAFRO thte:PRESIDENT of ENDURANCE AMERICAN INSURANCE COMPANY,a Delaware Corporation(the'Corporation"),hereby certify: 1.That the original power of attorney of which the foregoing is a copy was duly executed on behalf of the Corporation and has not since been revoked,amended or modified;that the undersigned has compared the foregoing copy thereof with the original power of attorney,and that the same is a true and correct copy of the original power of attorney and of the whole thereof; 2.The following are resolutions which were adopted by the Board of Directors of the Corporation by unanimous written consent on 21st day of July,2011 and said resolutions have not since been revoked,amended or modified: "RESOLVED,that each of the individuals named below is authorized to make,execute,seal and deliver for and on behalf of the Corporation any and all bonds,undertakings or obligations in surety or co-surety with others and to execute and deliver for and on behalf of the Corporation renewals,extensions,agreements,waivers,consents or stipulations relating to such aforesaid bonds,undertakings or obligations: RICHARD M.APPEL,BRIAN BEGGS And be it further RESOLVED Ott eacts its ttt�rat «„Is named above is authorized to appoint attorneys-in-fact for the purpose of making,executing,sealing and delivering bonds,undertakings or obligations in surety or, a d� •3(t,e Corporation." 3.T wilier egi " ve resolutions are true and correct copies of the resolutions as so recorded and of the whole thereof. IN S 'EREOF,I have hunt tiny hand and affixed the corporate seal this day of ,20_ (C ate Seal) 44,4 • Aw °1 CHRISTOPHER SPARRO,PRESIDENT s ;°�� Any reproductions are void. Feag+rr:Ff tE€',v% ' Primary Surety Claims Submission:suretybondclalms@sompo-intl.com Surety Claims Hotline:877-676-7575 Mailing Address:Surety Claims Department,750 Third Avenue—10th Floor,New York,NY 10017 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 08/21/2019 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: lithe certificate holder is an ADDITIONAL INSURED,the poiicy(ies)must 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 Angie Dahl D&D Insurance Agency PO Box 2249 (Air,Fi PYt). (51Z)$47-5549 (A/c.No):(512)847-2107 Wimberley TX 78676- E-MAIL SS: info@dd-ins.net INSURER(S)AFFORDING COVERAGE NAIC/I INSURER A:Kinsale Insurance Company 38920 INSURED INSURER EE:Evanston Insurance Company 35378 Percheron Construction,LLC Percheron Custom Homes,LLC INSURER c:Texas Mutual Ins Co 22945 PO Box 572 INSURER D.Progressive County Mutual Ins Co 29203 VVimberley TX 78676- INSURERE: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EFF POLICY EXP LIR TYPE OF INSURANCE RI SD utnvn POLICY NUMBER (MMIDD/YYYY) (MM/DDIYYYY1 LIMITS A X COMMERCIAL GENERAL LIABILITY X X 01000908420 107/10/2019 07/10/2020 EACH OCCURRENCE s 1,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED 100,000 PRFMISFS(Fa occurrence) S MED EXP(Any one person) S 5,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 2,000,000 X POLICY JPRO-- LOC PRODUCTS-COMP/OP AGG S 2,000,000 OTHER: S D AUTOMOBILE UABILITY 03973033-2 11/01/2018 11/01/2019 (O aBINEDDt)INGLE LIMIT s 1,000,000 ANY AUTO BODILY INJURY(Per person) S ALL OWNED X SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S X X HIRED AUTOS (Per accident) S B X UMBRELLA LIAB _ OCCUR X X EZXS3010926 .07/10/2019 07/10/2020 EACH OCCURRENCE s 3,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE g 3,000,000 I DED , RETENTIONS II S C WORKERS COMPENSATION X 0001255562 i07/15/2019 I07/15/2020 X I STATIITF l f ERH AND EMPLOYERS'LIABILITY Y 1 N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT s 1,000,000 OFFICER/MEMBER EXCLUDED? N/A • (Mandatory In NH) EtDISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Romarks Schoduls,may bo attachod If more space is roqulrod) Certificate Holder is automatically included as an Additional Insured with a Waiver of Subrogation on a blanket basis as required by written contract on the General Liability Insurance,Commercial Umbrella is Form Following. Worker's Compensation provides a Waiver of Subrogation on a blanket basis, CERTIFICATE HOLDER CANCELLATION Al 008134 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 E Main St Round Rock TX 78664- AUTHORIZED REPRESENTATIVE I �� C ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) 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 : JLR Round Rock, Texas 78664 DATE: 7/17/2019 BID TABULATION CONT. SHEET: 2 of 2 CONTRACT: Downtown Trash Modification Quality Concrete Construction LOCATION : 2008 Enterprise Drive Large Conf.Room Statement of Safety?Yes Statement of Safety? Statement of Safety? Statement of Safety? DATE: 7/17/2019 at 2:00pm Addendum(s)? N/A Addendum(s)? Addendum(s)? Addendum(s)? Bid Bond? Yes Bid Bond? Bid Bond? Bid Bond? APPROX. UNIT UNIT UNIT UNIT TEM 4 ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 1 Mobilization 1 LS $6,900.00 $6,900.00 $0.00 $0.00 $0.00 2 Erosion Control 1 LS $6,300.00 $6,300.00 $0.00 $0.00 $0.00 3 Demo Project 1 1 EA $7,300.00 $7,300.00 $0.00 $0.00 $0.00 4 Demo Project 2 1 EA $16,300.00 $16,300.00 $0.00 $0.00 $0.00 5 Demo Project 3 1 EA $7,500.00 $7,500.00 $0.00 $0.00 $0.00 6 Install 30" Swing Gates 6 EA $1,800.00 $10,800.00 $0.00 $0.00 $0.00 7 Install New Hinges 2 EA $600.00 $1,200.00 $0.00 $0.00 $0.00 8 Install L300/8"Wheel Stop 1 EA 5500.00 $500.00 $0.00 $0.00 $0.00 9 Install 5'Swing Gates,Posts,Locks 6 EA $2,800.00 $16,800.00 $0.00 $0.00 $0.00 10 Install 6'Bollards 1 1 EA $300.00 $3,300.00 $0.00 $0.00 $0.00 11 Install+/-28sgyd Concrete Prj. 1 28 SQYD $332.00 $9,296.00 $0.00 $0.00 $0.00 12 Install+/-79syyd Concrete Prj.2 79 SQYD $332.00 $26,228.00 $0.00 $0.00 $0.00 13 Install+/-44sgyd Concrete Prj. 3 44 SQYD $332.00 $14,608.00 $0.00 $0.00 $0.00 14 Install Pavement Strip Prj. I &2 1 LS $1,000.00 $1,000.00 $0.00 $0.00 $0.00 15 Install Curb&Gutter at Prj. 2 17 LF $30.00 $510.00 $0.00 $0.00 $0.00 16 Install 8" Split Face CMU Prj. 1 30 LF $333.00 $9,990.00 $0.00 $0.00 $0.00 17 Install 8" Split Face CMU Prj.2 58 LF $300.00 $17,400.00 $0.00 $0.00 $0.00 18 Install 8" Split Face CMU Prj.3 32 LF $320.00 $10,240.00 $0.00 $0.00 $0.00 19 Install 8'6" Swing Gates 2 EA $4,000.00 $8,000.00 $0.00 $0.00 $0.00 20 Revegate Project 2 1 LS $500.00 $500.00 $0.00 $0.00 $0.00 TOTAL.BASE BID: $174,672.00 $0.00 $0.00 $0.00 Unit Prices in red indicate no written unit price entered by bidder or incorrect format entered. Total Base Bid in red indicates corrected total upon bid tabulation. Costs written in red indicate correction upon bid tabulation. 7C� THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED •- Utilities & Environmental Services '-Z 2008 Enterprise Drive BY: JLR Round Rock, Texas 78664 DATE: 7/17/2019 LN to BID TABULATION SHEET: 1 of 2 CONTRACT:Downtown Trash Modification Mobil Construction Percheron Construction G Creek Inc. Partners Remodeling Corporation LOCATION : 2008 Enterprise Drive Large Conf. Room Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes Statement of Safety?Yes DATE: 7/17/2019 at 2:00 m Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes Bid Bond? Yes APPROX. UNIT UNIT UNIT UNIT TEM A ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 1 Mobilization 1 LS $5,551.00 $5,551.00 $8.000.1)0 $8,000.00 $5,100.00 $5,100.00 $6,300.00 $6,300.00 2 Erosion Control 1 LS $5,699.00 $5,699.00 $4.000.00 $4,000.00 $7,700.00 $7,700.00 $4,000.00 $4,000.00 3 Demo Project 1 1 EA $4.674.00 $4,674.00 $3.500.00 $3,500.00 $1,700.00 $1,700.00 $4,500.00 $4,500.00 4 Demo Project 2 1 EA $10.626.00 $10,626.00 57,500.Ou $7,500.00 $3,300.00 $3,300.00 $4,000.00 $4,000.00 5 Demo Project 3 1 EA $5.058.00 $5,058.00 S"'000,00 $3,000.00 $1,500.00 $1,500.00 $2,500.00 $2,500.00 6 Install 30" Swing Gates 6 EA $1.321.00 $7,926.00 52,500.011 $15,000.00 $1,700.00 $10,200.00 $1,800.00 $10,800.00 7 Install New Hinges 2 EA $293.00 $586.00 $800.00 $1,600.00 $550.00 $1,100.00 $1,800.00 $3,600.00 8 Install 1-300/8"Wheel Stop 1 EA $151.00 $151.00 $300.00 $300.00 $300.00 $300.00 $1,500.00 $1,500.00 9 Install 5'Swing Gates,Posts,Locks 6 EA $2.233.00 $13,398.00 $3,000.00 $18,000.00 $2,500.00 $15,000.00 $2,000.00 $12,000.00 10 Install 6'Bollards 11 EA $484.00 $5,324.00 $850.00 $9,350.00 $1,200.00 $13.200.00 $500.00 $5,500.00 11 Install+/-28sgyd Concrete Pd. 1 28 SQYD $261.00 $7,308.00 $1.20.00 $3,360.00 $146.00 $4,088.00 $275.00 $7,700.00 12 Install+/-79sgyd Concrete Pd.2 79 SQYD $232.00 $18,328.00 $110.00 $8,690.00 $140.00 $11,060.00 $260.00 $20,540.00 13 Install+/-44sgydConcrete Pd.3 44 SQYD $234.00 $10,296.00 $120.00 $5,280.00 $143.00 $6,292.00 $270.00 $11,880.00 14 Install Pavement Strip Pd. 1 &2 1 LS $1,024.00 $1,024.00 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $6,000.00 $6,000.00 15 Install Curb&Gutter at Pd.2 17 LF $77.00 $1,309.00 $50.00 $850.00 $50.00 $850.00 $32.00 $544.00 16 Install 8"Split Face CMU Prj. 1 30 LF $196.00 $5,880.00 $280.00 $8,400.00 $426.00 $12,780.00 $275.00 $8,250.00 17 Install 8"Split Face CMU Pd.2 58 LF $152.00 $8,816.00 $280.00 $16,240.00 $426.00 $24,708.00 $275.00 $15,950.00 18 Install 8"Split Face CMU Pd.3 32 LF $201.00 $6,432.00 $280.00 $8,960.00 $426.00 $13,632.00 $275.00 $8,800.00 19 Install 8'6"Swing Gates 2 EA $3,509.00 $7,018.00 $4.000.1)0 $8,000.00 $5,600.00 $11,200.00 $5,000.00 $10,000.00 20 Revegate Project 2 1 1 LS 1 $1,241.00 $1,241.00 51..500 C{F $1,500.00 1900 $1,900.00 3500 $3,500.00 TOTAL BASE BID: 1 $126,645.00 ti 133,131).1)0 5147,610.00 $147,864.011 Unit Prices in red indicate no written unit price entered by bidder or incorrect format entered. Total Base Bid in red indicates corrected total upon bid tabulation. Costs written in red indicate correction upon bid tabulation. 203 E. Main Street,Suite 204 Round Rock,Texas 78664 512-344-9664 TBPE FIRM#F-19351 g 'ao 15 � Axa July 19, 2019 Juan E. Martinez Engineering Associate Utilities& Enviromental Services imartinez@roundrocktexas.gov 512-341-3332 RE: Downtown Trash Modification Dear Mr. Martinez, 2P Consultants, LLC analyzed all the bids received at the July 17th, 2019 opening for accuracy and consistency.The lowest bidder was Percheron Construction at$126,645.00. Based on our opinion formed by the documentation provided in the bid tabulation, we recommend the City of Round Rock engage Percheron Construction for this project. Sincerely, 2P Consultants, LLC. Justin C. Madding, PE, P CIVIL ENGINEERING CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 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. 2019-519633 Percheron Constructions, LLC Wimberley,TX United States Date Filed: Name of governmental entity or state agency that is a party to the contract for which the form is 07/22/2019 being filed. The 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. Dumpster Enclosures The construction of three new dumpster Enclosures 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 DECIARA ION My name Nan and my date of`birth is My address is ! V? /� � - i4 / ' '�, ( c 7 AK Ct,J1 2 street ( ) (city) (stale) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct, .moi Executed in g County, State of_ r- �> on the�.3 day of�Q C- 20� MARLA KESSLER (month) (year) Notary Public, State of Texas Comm,Expires 08-30-2022 --^---�,�� Njtaryl 354960-9 Signature of authorized agent of contracting business entity (Declarant) orms 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.l-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-519633 Percheron Constructions, LLC Wimberley,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 07/22/2019 being filed. The 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. Dumpster Enclosures The construction of three new dumpster Enclosures 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 (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