Loading...
Contract - C.C. Carlton Industries, LTD - 8/8/2024 CITY OF ROUND ROCK BID COPY/ORIGINAL UTILITIES AND ENVIROMENTAL SERVICES ROUND ROCK TEXAS Project Manual For: CHANDLER ROAD 36-INCH WATER TRANSMISSION MAIN J MAY 2024 �FT 1pt.........£.Yq .............................. MONICA STIGGINS •..:...110331.....:4 Prepared By: 5/23/2024 CDM Smith General and Civil 8310 No. Capital of Texas Hwy OF Suite 1-250 Austin, Texas 78731 ER L SHEU" APPROVED BY 12184 CITY ATTORNEY �;�ENSE�•� 05/22/2024 Cathodic Protection TBPE Firm Registration No F-3043 Division 13 only _z0 - 2.05 00500 AGREEMENT 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 12— ( )day of AP.D4 o W b4c in the year 20 2� BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor C.C. Carlton Industries, LTD ("Contractor") 3102 Bee Caves Road, Suite 200 Austin, TX 78746 The Project is described as: Chandler Road 36-inch Water Transmission Main The Engineer is: Monica Stiggins,PE CDM Smith Inc. 8310-1 N Capital of Texas Hwy,Suite 250 Austin,TX 78731 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 4-2020 Page 1 of 5 Standard Form of Agreement 00443647 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 three hundred 300 )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 ) 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 and is not a penalty. 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 three hundred and thirty (330 )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 full and complete performance of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be Eleven Million One Hundred Sixty-One Thousand One Hundred Forty-Five Dollars and Forty Cents ($ 11,161,145.40 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No . Yes X .If yes,please provide details below: See bid form 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 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 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 of amounts approved by the Owner 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. The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. 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 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 and approved by the Owner. 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 General Conditions. 00500 4-2020 Page 3 of 5 Standard Form of Agreement 00443647 6.2 The Work may be suspended by Owner as provided in Article 15 of the 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 MAY 2024 7.1.4 The Specifications are those contained in the Project Manual dated MAY 2024 7.1.5 The Drawings,if any,are those contained in the Project Manual dated MAY 2024 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated KkY 2024 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated MAY 2024 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: Plans 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: Christopher Perkins,PE Proiect Manager City of Round Rock 83 Contractor's representative is: Benjamin Lyon C.C. Carlton Industries, LTD 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 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. O.lU 1 Ie -ties, U� e7[e(iI1tIViI UI UI1J Z1kgl uIGIIt, UU1U U[GI115e1VGD, UICH llGi15, .Suuuessol J, aJSIgIIJ, Q.[IIl [Gg2[i 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 two(2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR CITY Of R7T R TEXAS GG. C4, I-Am psi Printedame: Printed Name: l�l///�/rli/l Ly10'� Title Title: 66,0 C—r Date Signed: Date Date Signed: ��Zd�Z91Y ATTEST: .GM,A City Clerk FOR CITY,APPROVED AS TO FORM: Ciry tt ne 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 ROUND ROCK TEXAS August 13, 2024 Benjamin Lyon CEO C.C. Carlton Industries, LTD 3201 Bee Caves Rd. Ste. 200 Austin,TX 78746 Re: Chandler Road 36-Inch Water Transmission Main - Notice of Award Dear Mr. Lyon We are pleased to inform you the Round Rock City Council awarded the contract for the above referenced project to your firm on August 8, 2024.This letter shall serve as your Notice of Award. Enclosed is a copy of the bid tabulation for your records. As per the instructions to bidders, the contract is to be executed by your firm, and performance and payment bonds must be furnished within ten (10) days of the Notice of Award. In accordance with the project specifications manual, certificates of insurance shall also be provided and must be completed on the City's form. If you have any questions, please contact me at 512-341-3155 or alternately at 512-801-3788. We look forward to working with you on this project. Sincerely, Mark Hurd Project Manager City of Round Rock cc: Project File Laton Carr, P.E.,Assistant Director of Utility Infrastructure, Public Works Kit Perkins, P.E., Principal Engineer, Public Works Joe Bingham, Construction Inspector, Public Works Revised 10/2019 CCCARLT-01 MSCHULER ACORO CERTIFICATE OF LIABILITY INSURANCE DATDIYYYY) 81/1 14/2 412 024 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 Michelle Schuler NAMEO Time Insurance Aciency,Inc. PHONE FAX 1405 East Riverside Dr (A/C,No,Ert):(512)447-7773 205 (A/C,No): Austin,TX 78741 n MAIL ,mschuler@timeinsurance.com INSURERS AFFORDING COVERAGE NAIC# INSURER A:Phoenix Insurance Comapny 25623 INSURED INSURER B:Travelers Property Casualty 25674 CC Carlton Industries,LTD. INSURERC:Texas Mutual Insurance Company 22945 10265 East TX-29 INSURER D:Columbia Casualty Insurance Company 31127 Liberty Hill,TX 78642 INSURER E:Travelers Lloyds of Texas Insurance Company 41564 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 LTRTYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLIMMIDDIYYYYI CY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE [X]OCCUR X X 9M375816 12/8/2023 12/8/2024 DAMAGE TO RENTED $ 300,000 ence)X XCU MED EXP(Any oneperson) $ 10'000 X CONTRACTUAL 1,000,000 PERSONAL 8 ADV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 LOC 2,000'000POLICY[X]PEaF OTHER: $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 X ANY AUTO X X 9M319738 12/8/2023 12/8/2024 BODILY INJURY Perperson) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIREDX NON JWNED PROPERTY DAMAGE AUTOS ONLY AUTO ONLY Per accident $ B X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE X X 9M377545 12/8/2023 12/8/2024 AGGREGATE $ 10'000'000 DED I X I RETENTION$ 10,000 $ C WORKERS COMPENSATION X TPER0TH- AND EMPLOYERS'LIABILITYISTATUT ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X 0002070499 12/8/2023 12/8/2024 1,000,000 OFFICER/MEMBER EXCLUDED? ❑N N/A E.L.EACH ACCIDENT $ (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ D Pollution Coverage 7015496790 6/12/2024 6/12/2025 Per Occurence 5,000,000 E Installation&Impro 8J929385 12/8/2023 12/8/2024 Per Job Site 10,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLESACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Chandler Road 36-inch Water Tranmission Main City of Round Rock is named as Additional Insureds when required by written contract.Waiver of Subrogation applies in favor of the Additional Insureds when required by written contract.Thirty(30)Day notice of cancellation applies. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. 221 East Main Street Suite 200 Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE J-._ .WJ ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD [[teLi oN papa arWOM S WS[ S WMd09 S W'OF S W'OOo;[ L W'S[ S W'WOT[ S W'9E s WWO'K S W'11 S WM0;2 S WK S WMOA S OGT, $ N —1 '+dld-015 way ul pa4paes+e atl*IP UP4IP+APwl+un w!m axpaa ti we eK APPl+llewn p nIrNP IePtlyP we wwnaPa3'.W[2[0 wlpaf xe uuawYllY NweW WMO101 S W S WW11 S W'War $W'Al;l S Wt[t'i S W'OW;1 5 00;00'[ S W'WSTL 5 WWS't S WOW, f—'I $00'000'5[ S WO l S I pa+Vpnf Nenaway WD]O;B s WMUA $W'000'SL s WMO'SZ $W'$9Y61 $W'S98'6[ S WMOT[ S WMOTE $W'WO'SL $W'WO'S[ S WLIOU'SI S W000'SZ 5 WM6'Zs S W'W6T5 S fl [ w4p+e+wa wl!nw se neltl ul atapun>'spn.te uaweq N!pnpul'aweuaw!aW K we wltnuawaldwl p+lwJ>Wul putaaaulHu3 wsuPll a aq w.e0w0 ueld p+twJ P4u1 ul n+lawP>'++a»a+0e wr YuIV+nO'I+ne+IP xna+'wneuwlVxP W'WO'W $ WMOW S OOMO'9[ S .— $W66FW $W'b6YW S W'WO'W S.—W S W'WO'LL $W'WO'[i S 000W'p f WWO'W $—1.-1. S —vu �n�luw4PW fulivat tulrnppnwl'+»uewuMde pue u!ew w!s4wwanaat IWap w!wWlep 6 W'WO'Wf L W®'Wf S WMo'WI f WMO'OS1 S arOK'[W S Wm'- S W'OWWr S W.0— s W'OWWE s WLW'WF S wo0or r S WW- f Wm'"I S (—,w $1 1 Pua wl!nap++neldw»a!eunt.—S wlwp.d nw4taJ tf WSSfMt S WL S W<[['OS f Wo S WS66'- s W'6 S W5f5'WI S WI $WSSTWI s wI S ar5S5"W[ S WI S WSSS'WI S Wt S Y sff W[ 'wllwd+wewpnap+r a>elaulawpwv>'Nnw>w+eeuuaum u wasp»aw x weed-w IP P wllraxau»'NIPne NIp^pw'­.'­ a>aynf W-W $ W'WO'0[ S W'cW, s W.WI $W;rm S W'NL'K S WOW; S WTIWt S WWOW S W'W W. s.-NW $ WWO'SS S W'W91Li S WM S f[ [ 'nxtu lle we n4el'tuaup!nW A IuV+»eu!pn!w!'+aweuaunWe we upw wp4upuuta»em aatwp[apps aNaeal we amss»e WW[TL S W'WL S W'W[11[ S —I S W'OrIV 5 WOK S W'OK'SL 5 WMI $W;59'9I L W'ML S W'SAY S W'Sr $-S86'r $ WSr $ .is [[1 -pa4!>xsPue pallepD+e and ul»apun>rawewu^tlde 11e 8ulwwl44 Vwul>p+awJ bt WOWW s W'000'ti s WMNi S W'WO'L $W'EFF;Z S W'E'E'. S W'WOY S 00'oarr S W'—VI $—W01 S W'wl S W'WS'r $—,,I S W;K'[t S ISI-J xayfl llenw+V tuPYaa weld»wearowb A W'W[; $W19 S WM lI S—1 S arWL'Or S WGOr S W;W;t S —1 $W'000'S[ $ W'A[ Si.—; S WA $arW0'fi S WW2 S of Wl 'Pabpae+We wNnap zr a.ele ul»apaPa Ll . Hupnw!'wawaxpatl pueProway l4J wVs)WPK nems xeul»0 apnw] W'IW'6 $w $W'N✓SI S W'0[L S WlW'lE S W'[or S W'WS;[ S W;ti S WOA F[ s W'., S WSF['[ S W'A L ar0ib[r S WAS S ♦s 16 Pn10ad+pv pNlelgx+>ep ulaxlduP>'wwrveuNOe fi ne NIwWI'twwaanNY we IerowK IOL-J'[I-J'FJ naaV51 Wlmo atwnq axnwJ arWOTL $ OOMO;I $W'000'Z2 S WWSS S ov"M $W'L9l'K S W—V S W'WO'6 S W'WO'W S W'Wo'S S WWOTl S WWO'F $arW1'r01 S W"OD[;i S fl r 'w4!>atl+wePw!etaP sa»ep SS u > aw.xp+tl ora nrowab lFx-]weir-J'61o'[]n+a4s)pwnJ worts aWxwJ WMO'ZZ $ WODD'U S W'0 II S W'WO'EI $W'EW11 5 W''W" f WMO;[ f WMO;t $W'WS'L L W'W5[ S W'OW'S[ $ W'WO'f[ $W'WL'6t $ W'K['bt $ fl [ 'wllpa0+we wllepp K +e xl laz>lewe>'tww»eldatl weprowatl lel>naaK»nwYfahuln0 uwtf atanwJ —11 L W'% S WStL'r[ s WS[t S W'SW'N $ W'LOr S arOS w S —1 S W; 11 $ ..I s WOSt'[L S W'OS[ S Wf[9'SZ S w- L of s[1 'paUl>aT ora wpelap+e Peld ulaupun>r»uwau^dee llr N!w!wI R auf N1P^Iwl Tuawuneab Pue!erowab(1.11-1-1 wOnp a8ewu0 appwJ W'WOT[t S COIIWM S WTW9[ s—1 S W95ZM S arr90'SI S WOOd25 S W1I00'ft $WOWW $WMO'S S WCMI S W'WS'r f OOMPLr L 00'OSb'It S w r PaUVad+WewbnaP ze exp ul»apwp>'uaueuaunON T< Netuemw mn M!pnlwi'tuaw»eldatl we lerowab wawaard axPw]Mazanu0 appw] WWOTZI $ WUATT $W'WS'IL $W'WS'9 $W'lA'[9 $ Wit9'f f OOWOM $W"W 0; S W'OOSA $wml L W905'tf S W'WS; $WWLK $ WW9'L $ n It e r n>� w'laaae+wepallnapn»ep ul'tap"'°AeTJ ueu,uMde n W'WO'K[ $ W'OfMI'Zi $W'OW'AL S WMO'St $WT61'St[ 5 WXr'9l 5 WMO'[L $WMOT[ $W'W.I S=Wlt $W"OW[L S WWO'[L $—114 $ W;S6;L S 13 [ xe pallnap ze weleµaWpwpa'+awwauntl0e pue ansa wnmeNaly wOwlVunJaVwlY W WMO'KI S W;00'K S wM.. $ WMRK $W'W6Tr[ S W'059'Fi S WMO'K f W'Wo;i S W'WO'Wt $W'WO'Or S W'IWML $ WWO'W S—I S W'wlI S It I P+YI>atl+we pallawpea exp ul axldwpa'N4w++ry+ A.1eq-, 6 WMO;[S S o0'w" s W'0WUE 5 WOW'FS 5 W'[ATW S WTSZ'Er S WMtl%r S W'WO'0[ S W'WOSIF S_U $arOW'99[ f —w S W-'- S W'W el 5 r[ [ 'Pa4patl+we wllnapu wep YnelNnP'Wt+aeu'r05J Y4VAY-WU WxwIt V>ul9f t .0w. S OOMO'L6 S W'-11, s WMO;t[ S W'1.w $Wf w 5 WOW'% 5 WOW% s WWo'A $W'000'St $WW W. S WWO S9 S WWSFt $ W.Ov. f w I PaUlaatle wr wlleWP+e exp ul»apuP>'Wl+xp'fLfJYMMY-YVe�eae9 VwHF L wV!Patlz We PxnaP+r exp .-wtl $ C-1S W'W['29[ s—11S W'FI['O6[ 5 WLKT L WTSI'SM S.,IWI f W'Wo'EE9 S W'OWI s—.— S--'I s WO[I'[A $WOrf $ n Iw neyn+Vwa.twe'll4fxO'tuWa4'tlura waN4papd euv»emap'9u!zn t a uu a.upl,wpennaa Nlpnlwl'Ima uatlP)•Pupa]lea wOOftU4— wll!>xs pue Pal!etaP a>eltl u!alaldwp>•when(+»neyn+ W'WS'it5'i S W;Wi L W'000'9[Z'I f W'WOT S W'IBLT[['[ W'.- S W-9-11 S W'WO'Z $W'S861 F[1 S W'SKT $WOR'ALT $ W'OK'[ f n f[9 uan Pue'IOISap eulPw9'eumaaalAyxMd Suu»emap'+W 9yn0•Iulan Nzy+'nu!uw. S wpl'wrteu>aa NIMPur'wVlaw napw»a AV tulx]lasts ul aqd wq nlw0 oSZ 1J yu!yF 'Pnlwm we wl!epP x wap watapuo »evn K['K9'9 S Wr95 S arLA'S50'6 S arL9f S OVINTML S 00'[M S W[A'9ECt S arLLf S W'r[9'Ae'[ 5 WKt $W"MI'l[ S +wyyxNvtl'euua+enap•wwaa>u xwwl'+dn pawnpa. r >u.%121 ola48u!pnuw!'Iwnnw.xl+wuas»mpl9lna.aam)ad!d wq a1!p^0 W[11 4-11 —fu S WS S W'K9;[ S WT f ar01Y%[ 5 WOI S Wr9911 S Wl $--lit s W'1 5 W'WF'Et $ WS S Wr99"9i S WT f n x9991 'wypn+we wllnw se Held ul»apwp>naa11f1 aM1 F ua4t Ptlaw+Pea gpueswwa4 atlp Ile nl w+!n6»Se'w»+AS wprwna3 Pua and Ap/e5 Vpwal 'P+III>atl+Pur P+IVxP+e exp ul»apuo> W'OOo;S[ $ WDOWM $W'WO'Wi S Op'OOo'W[ $W'lNVI $ wtb5'bfi S W'OWMF $W'WO'WL $W-w s W;oo;[ $W'OW"SEI $ W'WO;Fl s W'WS'LII $ W;K'LIL f P 1 •uepdddmSa4tMp»InW.+e-'-Atu>wafeuew t+aV pnw>wlza+a We wnetwwlwz t at wnn6»xVP Ila pw+lulmnO+w w um8.snlrop pnw>wunuewlw+pua wl*ua ayt Nllleuul NlwPYI'wllnuawapwl msvua(deems)ueld wI.—wll^Ipd'-I-wars aroW"OK'i S WMOMST f W'W'" S oov low S WWOOSF S ww., f WM0'WS S OU;O'WSf WO — S WMO'WS $W'owm 5 W'w— L WMS'AI S W;OS'AL S It [ 'PM xKIePlp wauad [ Isl aw3 pxna»Pu'wswN3 wtel+Y wltn!IpPwap we wpe4pPW pw'eawwsul'NIpwB IUI+YUIY x144W1 WaeIYY e4V 4w1 tunawy ePW 4un awaar+lY WI4w1 tYOauY aaYd 4w1 YwwYY ea4d 4un wnwuY M4awn 4[YI uwNwa+O waY uwY Plt pgwuYq "l NYM 11311 Olt KYYIINMWY Olt 35Yt aP1pw[wY]aeMs a+4wYllq �t+w NP9tlom Pp>wwIYJ+W wpyYJ Net rpmp b YPwo]J nrovla r20L T H^r annnlYle Izs-9rmtl edn rvl norsslwsxrua Y3arm x]rn9F arab n3laxrx] �NM0139tl030 d0 ALOOHY y]Otl ONOCY 10 AUJ Plot'[Am upY>I^O4 plt w[-ad uIYW upls»wruul wxm-j-I—1-IP-'O_P.—p A. I"d Round Aae Chandler Poad 3FIncX WMrTnnsmisslXn Maln PrXlen Bid TaAUIati- luh L imd BABE MD AMOUN3(BAS TFM Nn.1.3 [nlmatN BEd XNn team DaacdMion UnM U.It AmpuM U.— AmwM IAM PeIn Amanl unit Prlaa U..Mn Ameunr Unk Mn UnN Pda Amount Conknfeay mlov+npe perSMla 0131m:Nlvxaaenhe uud as direcxd MErylaerla S) Owneiapurpaes and anN kY durye OMers Uat lndkan amounts to Be durfed to tM allowann. 1 lT t MA... t ]50.mOm 5 150.000m S ISO,Omm 5 ItDm0A0 S 190mOm S i50.m0.m 9 lm.mOm$ 150.Omm S 150,Om.m t 350,Omm 5 150m0.m S ISO,Om.m t SSOpm.m oW Bs W Na ID.YL1lLes S v,Yl,imm S I],lffsatm S S 1lpY,BYm S W>f,SfS.Y S i9JY}Blm T[BIDAMOUM TMD RfM MK LA [Nnubd Bld Nam DaudpnM Qmltky IlnkMb unX Pdn AmwM Unk Fb EMN Prka UNa Pr1u 361nN Gan Valve at 9T40.10 aM 9TA 11N19-AV.M1VA C919,CIM 390,cNnplete M pUa as denikd EA S BS,000.m 9 1ro.Om.m$ IS,Om.m 9 1,o.-. 5 m,000.m 5 lY,m0.m 9 %,Om.m S 193,m0.m t Y,159m$ IT43%.m$ 1%.m0.m S 390,m0.m$ %,Om.m S 193.Om.m 1 A ,pedNea. 3 M.i BMe Iud Ircem Nea.va S vromood S aroaDp.m s 1Ymsm S v3,ddom S 1ri.YB.DB f 3soms.m S u3.mfm 1-1 Ba.Old.AhemMe Bkllltam Nw.ltrcen[rc 33 and 1-l11 S M.L.—t I1,Y3,3[Dm 15 u,sr fum s it]AS.Rim S Il,i)S,btm S IS,iM.t93.m t Is,%1,991m CERTIFICATE OF INTERESTED PARTIES FORM 1295 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. 2024-1203146 C.C.Carlton Industries. Ltd. 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 08/20/2024 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. RFP 24-521 Chandler Road 36-inch Water Transmission Main 4 Nature of interest Name of Interested Party City,State.Country(place of business) (check applicable) Controlling Intermediary Carlton,C.Craig Austin, TX United States x Lyon, Benjamin Leander, TX United States Guerrero,Jose Liberty Hill, TX United States F Dickehut, Hunter Burnet, TX United States r Guerrero,Tito Bastrop, TX United States Carlton,C.Chandler Austin,TX United States X 5 Check only if there is NO Interested Party ❑ 6 UNSWORN DECLARATION My name is Benjamin Lyon and my date of birth is My address is 3102 Bee Caves Rd, Ste 200 Austin TX 78746 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Travis County, State of Tc pati on the 20th day of AU uS,2o24 (month) (year) ' I ignature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V4.1.0 48da511`7 r Bond No. 602-206085-7 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That C C Carlton Industries. LTD , of the City of Austin County of Trav*-g , and State of Texas , as Principal, and United States Fire 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 Eleven Million One Hundred Sixty-One Thousand One Hundred Forty-Five Dollars and Forty Cents Dollars ($ 11,161,145.40 ) 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 12. —day of 20?-q 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: CHANDLER ROAD 36-INCH WATER TRANSMISSION MAIN 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 4-2020 Pcrformancc Bond 00443639 PERFORMANCE 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 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. If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of Principal's default,shall perform all of Principal's duties and obligations under the Agreement. If, within ten (10) days after receipt of such notice from Owner, Surety does not commence to complete the obligations of Principal with a contractor acceptable to Owner and diligently complete the performance of the Principal's duties and obligations,Owner shall have the right but not the obligation to have the duties and obligations of Principal performed. In such event, Surety shall pay to Owner,upon demand,all costs,expenses and damages sustained by Owner as a result of Principal's failure to perform its duties and obligations under the Agreement up to the $11,161,145.40 sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 15th day of August , 2024 CC Carlton Industries, Ltd. United States Fire Insurance Company Principal Surety Steven W. Dobson Printed Name Printed Name By: By. Title: D of _ S Title: Attorney-in-fact Address:3201 Bee Caves Rd., Ste. 200 Address: QnF Mattson Avenue Austin,TX 78746 Morristown, NJ 07962 Resi en�t�Agee�nt�of Surety: Signature Steven W. Dobson,Attorney-in-fact Printed Name 1405 E. Riverside Dr. Street Address Austin,TX 78741 City, State&Zip Code Page 2 00610 4-2020 Performance Bond 00443639 Bond No. 602-206085-7 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That C.C. Carlton Industries, LTD , of the City of Austin County of Travis , and State of Texas , as Principal, and United States Fire Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Eleven Million One Hundred Sixty-One Thousand One Hundred Forty-Five Dollars and Forty Cents Dollars($ 11.161,145.40 )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 12 day of , 20,ZJ 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: CHANDLER ROAD 36-INCH WATER TRANSMISSION MAIN 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 04-2020 Payment Bond 00437699 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 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 contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 15th day of August � 2024 . CC Carlton Industries, Ltd. United States Fire Insurance Company Principal Suretyar„r_!n LVow Steven W. Dobson Printed Name Printed Name l By: • By: U � V`C I 0 ►� Title: Title: Attorney-in -fact Address: 3102 Bee Caves Road, Suite 200 Address:305 Madison Avenue Austin, TX 78746 Morristown, NJ 07962 Resident Agent of Surety: M . T�Vv/�� Signature Steven W. Dobson, Attorney-in-fact Printed Name 1405 E. Riverside Dr. Street Address Austin TX 78741 City, State &Zip Code Page 2 006201-2020 Payment Bond 00090656 POWER OF ATTORNEY UNITED STATES FIRE INSURANCE COMPANY PRINCIPAL OFFICE-MORRISTOWN,NEW JERSEY 08338 KNOW ALL MEN BY THESE PRESENTS:That United States Fire Insurance Company,a corporation duly organized and existing under the laws of the state of Delaware,has made,constituted and appointed,and does hereby make,constitute and appoint: Steven W.Dobson,John W.Schuler each,its true and lawful Attomey(s)-In-Fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver:Any and all bonds and undertakings of surety and other documents that the ordinary course of surety business may require,and to bind United States Fire Insurance Company thereby as fully and to the same extent as if such bonds or undertakings had been duly executed and acknowledged by the regularly elected officers of United States Fire Insurance Company at its principal office,in amounts or penalties:Fifty Million Dollars($50,000,000) This Power of Attorney limits the act of those named therein to the bonds and undertakings specifically named therein,and they have no authority to bind United States Fire Insurance Company except in the manner and to the extent therein stated. This Power of Attorney is granted pursuant to Article IV of the By-Laws of United States Fire Insurance Company as now in full force and effect, and consistent with Article III thereof,which Articles provide,in pertinent part: Article IV,Execution of Instruments-Except as the Board of Directors may authorize by resolution,the Chairman of the Board,President,any Vice-President,any Assistant Vice President,the Secretary,or any Assistant Secretary shall have power on behalf of the Corporation: (a) to execute,affix the corporate seal manually or by facsimile to,acknowledge,verify and deliver any contracts,obligations,instruments and documents whatsoever in connection with its business including, without limiting the foregoing, any bonds, guarantees, undertakings, recognizances, powers of attorney or revocations of any powers of attorney, stipulations, policies of insurance, deeds, leases, mortgages, releases,satisfactions and agency agreements; (b) to appoint,in writing,one or more persons for any or all of the purposes mentioned in the preceding paragraph(a),including affixing the seal of the Corporation. Article III, Officers, Section 3.11, Facsimile Signatures. The signature of any officer authorized by the Corporation to sign any bonds, guarantees,undertakings,recognizances,stipulations,powers of attorney or revocations of any powers of attorney and policies of insurance issued by the Corporation may be printed,facsimile,lithographed or otherwise produced. In addition,if and as authorized by the Board of Directors,dividend warrants or checks,or other numerous instruments similar to one another in form,may be signed by the facsimile signature or signatures,lithographed or otherwise produced,of such officer or officers of the Corporation as from time to time may be authorized to sign such instruments on behalf of the Corporation. The Corporation may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Corporation,notwithstanding the fact that he may have ceased to be such at the time when such instruments shall be issued. IN WITNESS WHEREOF,United States Fire Insurance Company has caused these presents to be signed and attested by its appropriate officer and its corporate seal hereunto affixed this 28th day of September,2021. UNITED STATES FIRE INSURANCE COMPANY f l.� I i Matthew E.Lubin, President State of New Jersey} County of Morris } On this 28th day of September,2021,before me,a Notary public of the State of New Jersey,came the above named officer of United States Fire Insurance Company,to me personally known to be the individual and officer described herein,and acknowledged that he executed the foregoing instrument and affixed the seal of United States Fire Insurance Company thereto by the authority of his office. MgUM H.D'MF8810 CIrw�UMon S W125M Melissa H.D'Alessio (Notary Public) I,the undersigned officer of United States Fire Insurance Company,a Delaware corporation,do hereby certify that the original Power of Attorney of which the foregoing is a full,true and correct copy is still in force and effect and has not been revoked. IN WITNESS WHEREOF,I have hereunto set my hand and affixed the corporate seal of United States Fire Insurance Company on the 15th day of August 20 24 UNITED STATES FIRE INSURANCE COMPANY )wk4 Michael C.Fay,Senior Vice President CRUM&FORSTER' TEXAS COMPLAINT NOTICE AVISO DE QUEJA DE TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain Information or make a complaint: Para obtener informaci6n o para presentar una queja: You may call Crum & Forster's toll-free number for Usted puede Ilamar al n6mero de tel6fono gratuito de information or to make a complaint at: Crum & Forster's para obtener informaci6n o para presentar una queja al: 1-888-890-1500 1-888-890-1500 You may write to Crum & Forster at: Usted tambien puede escribir a Crum & Forster: Crum & Forster Crum & Forster 305 Madison Avenue 305 Madison Avenue Morristown, NJ 07962 Morristown, NJ 07962 Web: www.cfins.com Sitio web: www.cfins.com E-mail: info@cfins.com E-mail: info@cfins.com You may contact the Texas Department of Usted puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informaci6n sobre coverages, rights or complaints at: compaMas, coberturas, derechos, o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Usted puede escribir al Departamento de Seguros de Insurance: Texas a: PO Box 149104 P. O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512)490-1007 Fax: (512)490-1007 Web: www.tdi.texas.gov Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.tx.gov E-mail: ConsumerProtection@ tdi.tx.gov DISPUTAS POR PRIMAS DE SEGUROS O PREMIUM OR CLAIM DISPUTES: RECLAMACIONES: Should you have a dispute concerning your Si tiene una disputa relacionada con su prima de premium or about a claim you should contact the seguro o con una reclamaci6n, usted debe agent first. If the dispute is not resolved, you may comunicarse con el agente primero. Si la disputa no contact the Texas Department of Insurance. es resuelta, usted puede comunicarse con el ATTACH THIS NOTICE TO YOUR POLICY: This Departamento de Seguros de Texas. notice is for information only and does not ADJUNTE ESTE AVISO A SU P6LIZA: Este aviso become a part or condition of the attached es solamente para prop6sitos informativos y no se document. convierte en parte o en condici6n del documento adjunto. MI 40 009 07 18 Page 1 of 1