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Contract - SJ & J Construction, LLC - 11/7/2024 BID COPY/ORIGINAL CITY OF ROUND ROCK TRANSPORTATION DEPARTMENT ROUND ROCK TEXA5 Project Manual For: REHABILITATION PLANS FOR CULVERT AT LOGAN DRIVE September 2024 Prepared By: ���ASE OF T£�q�t11 :....................... j KEDAR R. HALBE j 710 Hesters Crossing Rd #150 129548 ��, APPROVED BY '���% Round Rock, TX 78681 (� �j [� �/ �VG 9/11/2024 V i T®1 1 1 �� TBPE Firm Registration No F-754 BID FORM PROJECT NAME: REHABILITATION PLANS FOR CULVERT AT LOGAN DRIVE PROJECT LOCATION: Round Rock, Texas OWNER: City of Round Rock,Texas DATE: October 2,2024 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders,the undersigned bidder hereby proposes to do all the Work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the Work on which he bids as provided by the attached Bid Documents, and as shown on the plans for the construction of Rehabilitation Plans For Culvert at Logan Drive. and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated, for the following prices,to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the City's website at https://www.roundrocktexas. og v/city-businesses/solicitations/ by the close of business on Thursday September 26th,2024. Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum"number" and "date". BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 1 4 SY 0104 6015 -REMOVING CONC (SIDEWALK) complete in place per for dollars andcents. y��• CO 2W o 00 2 4 CY 0110 6001 -EXCAVATION (ROADWAY) complete in place per for 010dollars and -�M cents. 00300-9-2015 Page l of 4 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 3 92 SF 0429 6007-CONC STR REPAIR(VERTICAL& OVERHEAD) complete in place per for F-6 UA- dollars and zen) cents. 3MD036o m 4 2 MO 0502 6025 -BARR, SIGNS, TRAFFIC HANDLING complete in place per for N,, dollars and p cents. 15 oco 00m). 5 200 LF 0506 6038 -TEMP SEDMT CONT FENCE(INSTALL) complete in place per for sly, dollars and cents. l 1 6 200 LF 0506 6039-TEMP SEDMT CONT FENCE(REMOVE) complete in place per for wo dollars j and Z"o cents. 2 00c) /w.00 7 4 SY 0531 6001 -CONC SIDEWALKS (4") \ complete in place per for dollars and cents. GODoCo a 00300-9-2015 Page 2 of 5 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 8 1200 LF 0666 6224-PAVEMENT SEALER 4" complete in place per for �Lyyo dollars / and �j cents. 201 f`I oom 9 1200 LF 0666 6315 -RE PM W/RET REQ TY I(Y)4"(SLD)(100MIL) complete in place per for -7 ,Q dollars and lzelYZ7 cents. 3 o 00 3,1 (vm mm 10 1200 LF 0677 6001 -ELIM EXT PAV MRK&MRKS (4") complete in place per for -Tk�et dollars and i-f- , cents. 11 0.1 AC 0752 6004-TREE TRIlvIMINGBRUSH REMOVAL(CHANNELS) complete in place per for -Ti" '-k 1,. dollars and /0 cents. �/t��•(;� 1� . 12 20 DAY 6001 6001 -PORTABLE CHAGEABLE MESSAGE SIGN complete in place per for kfV- kuri4red dollars and cents. o 00300-9-2015 Page 3 of 5 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 13 20 DAY 6185 6002-TMA (STATIONARY) for ��ip complete in place per _ dollars and cents.cents. o �O 14 1 LS 7000 6002-REML&DISPL DRIFTWOOD&DEBRIS complete in place per for dollars and Cb cents. complete in place per for dollars and cents. complete in place per for dollars and cents. complete in place per for dollars and cents. 00300-9-2015 Page 4 of 5 Bid Form TOTAL BASE BID(Items 1 thru 14 ) 97,000.00 Materials: 30,000.00 All Other Charges: 67,000.00 * Total: 97,000.00 * Note: This total must be the same amount as shown above for "Total Base Bid" If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. 2310 LAPSLEY STREET ignature Julian Cervantes DALLAS, TEXAS 75212 Print Name Address President 214-688-1986 Title Telephone SJU Construction, LLC Name of Firm October 1 , 2024 Date Secretary, if Bidder is a Corporation 00200-9-2015 Page 5 of 5 Bid Form Solicitation Requirements. Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. Company Name: SJ&J CONSTRUCTION, LLC Address: 2310 LAPSLEY ST. DALLAS TX 75212 Phone: 214-688-1986 Completed by: JULIAN CERVANTES Date: 09/30/2024 1. Does the company have a written construction Safety program? R]Yes ❑No 2. Does the company conduct construction safety inspections? ✓❑Yes ❑No 3. Does the company have an active construction safety-training program? ❑✓Yes ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past ❑Yes ✓❑No three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, ❑Yes ✓❑No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding ❑Yes [:]No ✓❑N/A B. Excavation ❑✓ Yes []No ❑N/A C. Cranes ❑Yes ❑No ✓❑N/A D. Electrical ❑Yes ❑No ❑✓ N/A E. Fall Protection ❑Yes ❑No ❑✓ N/A F. Confined Spaces ❑Yes ❑No ❑✓ N/A I hereby certify that the above information is true and correct. Signature ZTitle PRESIDENT Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 BID BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That SJ&J Construction,LLC of the City of Dallas County of Dallas State of Texas as Principal, and FCCI 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"), in the penal sum of Five Percent(5%)of the total amount of the Bid of the Principal submitted to the Owner, for the Work described below;for the payment whereof,well and truly to be made,and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally,as follows: In no case shall the liability of the Surety hereunder exceed the sum of( Five percent of Bid Amount Dollars($5%of Bid Amount THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas,the Principal has submitted the above-referenced Bid to the Owner, for construction of the Work under the "Specifications for Construction of REHABILITATION PLANS FOR CULVERT AT LOGAN DRIVE for which Bids are to be opened at the office of Owner on the 2nd day of October ,2024 . NOW,THEREFORE,if the Principal is awarded the Contract,and within the time and manner required under the"Instructions to Bidders,"after the prescribed forms are presented to her/him for signature,enters into a written Agreement substantially in the form contained in the Bid Documents,in accordance with the Bid, and files the two (2)bonds with the Owner,one to guarantee faithful performance and the other to guarantee payment for labor and materials,then this obligation shall be null and void;otherwise,it shall be and remain in full force and effect. If,however, Principal fails to enter into a written Agreement with the Owner in accordance with the Bid or Principal and Surety fail to timely deliver to Owner the performance and payment bonds required by the Bid Documents,Surety within five(5)business days after receipt of a written demand from Owner shall pay to Owner the full penal sum of this Bid Bond,subject to the limitation described herein. In the event that suit is brought upon this Bond by the Owner and judgment is recovered,said Surety shall pay all costs incurred by the Owner in such suit,including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument on this the 26th day of the month of September 20 24 . SI&I Construction,LLC FCCI Insurance Company Principal __ ,^ __ -- Surety nnSV — .34M A Sheri R Allen Printed Name Printed e By: By: Ti Tit . ttorney-in-Fact Addres : 2310 i.ansley Street Address:6300 University ParloM Dallas,TX 75212 Sarasota,FL 34240 002004-2020 Page 1 Bid Bond 00443638 I,I II 1j�11 111\1 ident gent of Surety: ignature Sheri R Allen Printed Name 2417 Fort Worth Drive Street Address Denton,TX 76205 City,State,Zip Page 2 002004-2020 Bid Bond 00443638 IMPORTANT NOTICE To obtain information or make a complaint: You may call FCCI Insurance Group's(FCCI)* toll-free telephone number for information or to make a complaint at 1-800-226-3224. You may also write to FCCI Insurance Group Compliance Department e-mail at StateComplaints(cDfcci-group.com. For Claims, you may write to FCCI Insurance Group Claim Department e-mail at newclaim(a)fcci-group.com. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance: PO Box 149104 Austin TX 78714-9104 Fax: 1-512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtections(cDtdi.texas.gov PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact FCCI first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached documents. *The FCCI Insurance Group includes the following insurance carriers: Brierfield Insurance Company, FCCI Advantage Insurance Company, FCCI Commercial Insurance Company, FCCI Insurance Company, Monroe Guaranty Insurance Company, and National Trust Insurance Company. 1-BD-TX-21690-NTP-07 15 Page 1 of 1 Copyright 2015 FCCI Insurance Group. FCC I GROUP vct cRour GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Bret Tomlinson; Sheri R. Allen; David C. Oxford; Steven Lott; Sherrel Breazeale; Peggy Hogan Each, its true and lawful Attorney-In-Fact, to make, execute. seal and deliver, for and on its behalf as surety. and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of(not to exceed $20,000,000.00): $20,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile. and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof. the FCCI Insurance Company has caused these presents to be signed by its duly authorized officers and its corporate Seal to be hereunto affixed, this 23rd day of July 2020. ppANCE Attest: Christina D.Welch, President ,LL' ° Ayy�•_ Christopher Shoucair, FCCI Insurance Company SEAL = EVP, CFO, Treasurer, Secretary FCCI Insurance Company State of Florida ^'^ County of Sarasota Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the foregoing document for the purposes expressed therein. r r My commission expires: 2/27/2027 \. f p"•• e PEccrsr+ow �$'� ,z +y Comn4Non8HH32SS3a Notary Public Dja ndA Exku F+bru"27.2027 State of Florida County of Sarasota Before me this day personally appeared Christopher Shoucair. who is personally known to me and who executed the foregoing document for the purposes expressed therein. PEGGY SNOW ,_CII-X 6-L�J My commission expires: 2/27/2027 CwraO bn#HH 32M Notary Public CERTIFICATE I. the undersigned Secretary of FCCI Insurance Company. a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2020 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this 26th day of September 2024 Christopher Shoucair, EVP, CFO, Treasurer, Secretary FCCI Insurance Company 1-ZONA-3592-NA-04, 7/2021 Q ......:., 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 �I AGREEMENT made as of the (� day o J� in the year 20W'. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor SJ&J Construction,LLC ("Contractor") 2310 Lapsley St. Dallas,TX 75212 The Project is described as: REHABILITATION PLANS FOR CULVERT AT LOGAN DRIVE The Engineer is: Kedar R.Halbe HDR Engineering,Inc. 710 Hesters Crossing#150 Round Rock,Texas,78681 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 42020 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. 33 Contractor shall commence Work within ten1(_0 ) 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 thirty 30 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than thirty 30 )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 six hundred and No/100 Dollars($600 )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 forty-five 44_)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 _Ninety-seven thousand dollars and zero cents ($97,000.00 ),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 .Ijyes,please provide details below. N/A 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. 5.13 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 wan-ant 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 Saflementary,&. S�ecial,and other Conditions of the Contract are those contained in the Project Manual dated � HILMI 7.1.4 The Specifications are those contained in the Project Manual dated oc�aciuuci �.v�.+ 7.1.5 The Drawings,if any,are those contained in the Project Manual dated ac�icuiuci �v�� 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated aetrteuiuer 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated September 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: 61A 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: Dawn E Scheel City of Round Rock 3400 Sunrise Road Round Rock,TX 78665 8.3 Contractor's representative is: Julian Cervantes-president SJ&J Construction,LLC 2310 Lapsley Street Dallas,TX 75212 PO Box 211723 Dallas,TX 75211 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 00500 42020 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. 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 two(2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR CITY OF OUND OCK, XAS SJ&J CONSTRUCTION,LLC Printed Nam . Craig gan Printed Name: 'U'IAN CERVANTES Title Mayor Title: PRESIDENT Date Signed: 2 20 2q Date Signed: 11/15/2024 A T: City Clerk FOR CITY,APPROVED AS TO FORM: torney 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 Bond#4405423 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That SJ&J Construction,LLC , of the City of Dallas County of Dallas , and State of Texas , as Principal,and FCCI 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 Ninety-seven thousand dollars and zero cents Dollars ($97,000.00 ) 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, the4cipal has entered into a certain written Agreement with the Owner dated the g day of 20 24 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: REHABILITATION PLANS FOR CULVERT AT LOGAN DRIVE 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 Performance 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 $97,000.00 sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 18th day of November ,20 24 . SJ&J Construction,LLC FCCI Insurance Company Pcipal Surety Sinyra%--, OZvoun'LRS Sheri R Allen Printed Name Printe am By: By: _ Tit QI`es� Ti . Attorney-in-Fact A dress:2310 Lapsley St Address: 6300 University Parkway_ _ Dallas, TX 75212 Sarasota, FL 34240 6nature t Agent of Surety: Jake Morphew Printed Name 2435 N Central Expwy, Suite 1000 Street Address Richardson,TX 75080 City, State&Zip Code Page 2 00610 4-2020 Performance Bond 00443639 X11111 e//R/�' ���.?1• ..o �/ � ''r � '_ail/.',J ' e )�'. e l •� r\�1� �•. . ''� � . - , 1`.J. t. l' . . .`��11�.,.. �,11111��`'� Bond#4405423 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That SJ&J Construction,LLC , of the City of Dallas , County of Dallas , and State of Texas , as Principal, and FCCI Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Ninety-seven thousand dollars and zero cents Dollars($ 97,000.00 )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,theP incipal has entered into a certain written Agreement with the Owner,dated the day of , 20 24 to which Agreement is hereby referred to and made a part hereof as fulry and to the same extent as if copied at length herein consisting of: REHABILITATION PLANS FOR CULVERT AT LOGAN DRIVE 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 18th day of November , 2024. SJ&J Construction,LLC FCCI Insurance Company Principal Surety 4)U16A 0&'r Vl W Sheri R Allen Printed Name Printe Lae By: By: Title: It Attorney-in-Fact Address:2310 Lapsley Street Address: 6300 University Parkway Dallas, TX 75212 Sarasota, FL 34240 Resident Agent of Surety: aign&aturej� Jake Morphew Printed Name 2435 N Central Expwy, Suite 1000 Street Address Richardson, TX 75080 City, State&Zip Code Page 2 006201-2020 Payment Bond 00090656 IMPORTANT NOTICE To obtain information or make a complaint: You may call FCCI Insurance Group's (FCCI)' toll-free telephone number for information or to make a complaint at 1-800-226-3224. You may also write to FCCI Insurance Group Compliance Department e-mail at StateComplaints(a)fcci-group.com. For Claims, you may write to FCCI Insurance Group Claim Department e-mail at newclaim(d_�fcci-group.com. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439. You may write the Texas Department of Insurance: PO Box 149104 Austin TX 78714-9104 Fax: 1-512-490-1007 Web: http://www.tdi.texas.gov E-mail: ConsumerProtections aa�tdi.texas.gov PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a claim you should contact FCCI first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND This notice is for information only and does not become a part or condition of the attached documents. "The FCCI Insurance Group includes the following insurance carriers: Brierfield Insurance Company, FCCI Advantage Insurance Company, FCCI Commercial Insurance Company, FCCI Insurance Company, Monroe Guaranty Insurance Company, and National Trust Insurance Company. 1-BD-TX-21690-NTP-07 15 Page 1 of 1 Copyright 2015 FCCI Insurance Group. FCC LNSURAAOUPcvc} GENERAL POWER OF ATTORNEY Know all men by these presents: That the FCCI Insurance Company, a Corporation organized and existing under the laws of the State of Florida (the "Corporation") does make, constitute and appoint: Bret Tomlinson; Sheri R. Allen; David C. Oxford; Steven Lott; Sherrel Breazeale; Peggy Hogan Each, its true and lawful Attorney-In-Fact. to make, execute. seal and deliver, for and on its behalf as surety, and as its act and deed in all bonds and undertakings provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the sum of(not to exceed $20.000,000.00): $20,000,000.00 This Power of Attorney is made and executed by authority of a Resolution adopted by the Board of Directors. That resolution also authorized any further action by the officers of the Company necessary to effect such transaction. The signatures below and the seal of the Corporation may be affixed by facsimile, and any such facsimile signatures or facsimile seal shall be binding upon the Corporation when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached. In witness whereof. the FCCI Insurance Company has caused these presents to be signed by its duly authorized officers and its corporate Sealto be hereunto affixed.. this 23rd day of July 2020. Attest. 1�i,`_ ��LG�— �#.'�NFO ?U: Christina D.Welch, President :LL SEAL 7-:` Christopher Shoucair, FCCI Insurance Company = EVP, CFO, Treasurer, Secretary OR FCCI Insurance Company State of Florida County of Sarasota Before me this day personally appeared Christina D. Welch, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires: 2/27/2027 :'. PEGGYWM + commiuw8NHSa m Notary Public �an ExpOwF+brum27,2W State of Florida County of Sarasota Before me this day personally appeared Christopher Shoucair, who is personally known to me and who executed the foregoing document for the purposes expressed therein. My commission expires: 2/27/2027 CwNdmalon 9 HH MW E*InmFobpw V,2W Notary Public CERTIFICATE 1, the undersigned Secretary of FCCI Insurance Company. a Florida Corporation, DO HEREBY CERTIFY that the foregoing Power of Attorney remains in full force and has not been revoked; and furthermore that the February 27, 2020 Resolution of the Board of Directors, referenced in said Power of Attorney, is now in force. Dated this 18th day of November 2024 u� Christopher Shoucair, EVP, CFO, Treasurer. Secretary FCCI Insurance Company 1-I ONA-3592-NA-04. 7/2021 h • r 51\51\M11 i1�/' ••11\' I-�, `,111 (' /I��. • \ .. ,'rttlit Client#: 2061268 SJJCON DATE(MM/DD/YYYY) ACORD,, CERTIFICATE OF LIABILITY INSURANCE 11/18/2024 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(les)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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Ross Bieniek NAME: USI Southwest Dallas/CL E Co -3100 A/C No214 443-3900AIOExt): 14241 Dallas Pkwy STE 700 a p'ESS, ross.bieniek@usi.com Dallas,TX 75254 INSURER(S)AFFORDING COVERAGE NAIC/ 214 443-3100 INSURER A:Underwriters at Lloyd's London L0032 INSURED INSURER B:Texas Mutual Insurance Company 22945 SJ&J Construction LLC INSURER C:National Liability&Fire Insurance Co. 20052 2310 Lapsley St INSURER D Dallas,TX 75212 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUB POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MM/DD MM/DD A X COMMERCIAL GENERALLIABILITY SCG1511324 5/15/2024 05/15/2025 EEAACCHp�OCCURRENCE $11,000,000 RE CLAIMS-MADE �OCCUR PREMISES .00NTEr encs $50 000 X BI/PD Ded:$5,000 MED EXP(Any one parser,) $ PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY a JECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY 73APB008703 5/15/2024 05/15/202 ETIBINED tSINGLE LIMB 1,000,000 ANY AUTO BODILY INJURY(Per person) $ OWNEDSCAUTOSHEDULED AUTOS ONLY BODILY INJURY(Per accident) $ X HIREDNON-OWNED PeOPERTnDAMAGE $ AUTOS ONLY AUTOS ONLY $ A UMBRELLA LIAR X OCCUR SCX1516624 5/15/2024 05/15/2025 EACH OCCURRENCE $4.000,000 XEXCESS LIAR CLAIMS-MADE AGGREGATE $4,000,000 DED RETENTION$ _ $ B WORKERS COMPENSATION 0002110740 5/15/2024 05/15/202 X PSTATUTE I ER OER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y I N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED? a NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1000000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 10:000"000 0 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability policy contains a blanket additional insured endorsement that provides additional insured and primary and non-contributory status for ongoing and completed operations only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains a blanket waiver of subrogation that provides waiver of subrogation only when there is a written contract between the named insured and the certificate holder that requires (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION CI of Round Rock Attn: Cit SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Manager ACCORDANCE WITH THE POLICY PROVISIONS. 221 E. Main Street Round Rock, TX 78664 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S47066826/M47065988 RZBZZ DESCRIPTIONS (Continued from Page 1) such status. The Workers Compensation policy contains a blanket waiver of subrogation endorsement that provides waiver of subrogation only when there is a written contract between the named insured and the certificate holder that requires such status. Re: Blanket-All Jobs SAGITTA 25.3(2016/03) 2 of 2 #S47066826/M47065988