Loading...
R-81-397 - 7/9/1981 s�'o q �� ���� �' R ILL And Associates AIA TO: GITy OF RoUI.D ROc-IC ammo ,QOct I TX !MN JOAA) L Au p DATE: 2 - 22 - 82 cc: !No - 2.. R. GILL & PROJECT: RR F 112 57AT/oN SUBJECT: GyAL O2DEQ * 1 WE TRANSMIT TO YOU THE FOLLOWING: LLB HEREWITH E UNDER SEPARATE COVER BY: ri AIR MAIL ❑ MAIL [Si MESSENGER 0 BLUE PRINT CO. El BUS c M#L6- okDE!2 1. - 3 COPIES REMARKS: FOR 19 pctovAlL THE FIRE C 14LEF HOS 7I 7RTI VE[ ' APPROVED THE 4)ORK 14A/b /NOIc/9TEb F wan AIRE A•V +41L146LE. PLE /9SE 14 Tow LOP (es /9 me L 1 4.m TQKE. BY: R. GILL AND ASSOCIATES, AIA, ARCHITECTS P.O. 80X 217, ROUND FROCK, TEXAS 78664 • • • CHANGE ORDER AIA DOCUMENT C701 PROJECT: Round Rock Central Fire Station (name, address) TO (Contractor) Dorsett Construction 10220 Metropolitan Austin, TX 78758 L Distribution to: OWNER ❑ ARCHITECT ❑ CONTRACTOR ❑ FIELD ❑ OTHER ❑ AIA DOCUMENT 0701 • CHANGE ORDER • APRIL 1979 EDITION • AIAn • 0 1978 THE AMERICAN INSTITUTE OF ARCHITECTS, 173_a NEW YORK AVE., N.W., WASHINGTON, D.C. 20007, CHANGE ORDER NUMBER: 001 INITIATION DATE: February 12, 1982 ARCHITECT'S PROJECT NO: 1310 CONTRACT FOR: General Construction CONTRACT DATE: July 9, 1981 You are directed to rnake the following changes in this Contract: Perform the following work: 1. Make Owner requested changes to partitions in apparatus room by changing from dry wall to concrete masonry units. See Field Order #001, September 28, 1981. ADD $ 711.52 2. Make Owner requested plumbing changes per Field Order #001, September 28, 1981. ADD $ 437.00 3. Make Owner requested electrical changes per Field Order #001, September 28, 1981. ADD $1,167.00 4. Change seven doors and frames to B label (lk hour fire rated) and eliminate glass lite in door 121B. ADD $ 96.40 5. Delete insulation and drywall above ceiling height for type 2 partitions Proposal Request #1, January 6, 1982. CREDIT ($2,260.64) 6. Paint wall between apparatus room and offices with 2 coats ADD $ 435.00 of epoxy paint. TOTAL ADD $ 586.28 Not valid until signed by both the Owner and Architect. Signature of the Contractor indicates his agreement herewith, Inclucling any adjustment in the Contract Sum or Contract Time. The original (Contract Sum) XXX3)fMdkD(404` XIXFOX)UbXt% was $ 4I7,776.00 Net change by previously authorized Change Orders $ - The (Contract Sum )XNUrXZ(tXXd(MORM(88)6X_X A prior to this Change Order was $ 417,776.00 The (Contract 50m )X XU t9XXXMl bX4 4() will be ( increased) XdaEXJGX(XcXXXMrXT MRd0 by this Change Order $ 586.28 The new (Contract Sum )X4(NX'kENOXl(44149MX3Fl(iP including this Change Order will be $ 418,362.28 The Contract Time will be increased by eleven days. (11 ) Days. The Date of Substantial Completion as of the date of this Change Order therefore is March 12, 1982 . Authorized: R. Gill & Associates, AIA Dorsett Construction City of Round Rock ARCHIrECTP 0, Box 217 cc 1 f2u T Metropolitan Address Address Round Rock, TX . :6. AE \ � \ X 78758 '1 r. '. T. 7:,0 By , ' er ...-/ BY.4 `'J. .,� /J SC�` = � DATE — �j - — 12_ DATE �,�J � DATE o(.�� Z Ii Main Address Street G701 — 1978 April 19, 1982 Mr. Bob Bennett City of Round Rock 214 East Main Street Round Rock, TX 78664 REFERENCE: ROUND ROCK CENTRAL FIRE STATION Dear Bob: Attached are three copies of the Substantial Completion Certificate for the Fire Station. Please sign all three copies and return two copies to this office. A copy of the punch list is also enclosed. Note that the Contractor has thirty days to complete all punch list items. Sincer Bill C. Powell, IA BCP:swr enclosure R. GILL AND ASSOCIATES, AIA, ARCHITECTS • 512-255-7S52 • P.O. BOX 217, ROUND ROCK, TEXAS 78664 CERTIFICATE OF SUBSTANTIAL COMPLETION AIA DOCUMENT G704 TO (Owner) I City of Round Rock 214 East Main Street Round Rock, TX 78664 L DATE OF ISSUANCE: April 5, 1982 OWNER ARCHITECT CONTRACTOR FIELD OTHER PROJECT: Round Rock Central Fire Station (name, address) C u a i'. S 6 9982 ARCHITECT: R.. Gill & Associates, AIA ARCHITECT'S PROJECT NUMBER: 1310 CONTRACTOR: Dorsett Construction CONTRACT FOR: General Construction _J CONTRACT DATE: July 9, 1981 PROJECT OR DESIGNATED AREA SHALL INCLUDE: all construction as required under the current contract. The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Sub- stantial Completion is hereby established as April 5, 1982 which is also the date of commencement of all warranties and guarantees required by the Contract Documents. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is appended hereto. The failure to include any items on such list does alter the onsibility of the Contractor to com- plete all Work in accordance with the Contract Documents. R. Gill & Associates, AIA / 'jZ— ARCHITECT BY DATE The Contractor will complete or correct the Work on the list of items appefded hereto within days from the above Date of Substantial Completion. I Dorsett Construction Company i ,'(l 6 - ,�27J 7 Z CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at 5:00 p.m. (time) on April 5, 1982 (date). City of Round Rock OWNER BY DATE The responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance shall be as follows: (NOTE — Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage) The Owner agrees to accept responsibility for normal building maintenance, utilities payments and insurance effective April 5, 1982. AIA DOCUMENT 0709 • CERTIFICATE OF SUBSTANTIAL COMPLETION • APRIL 1970 EDITION • AIA® ONE PAGE © 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 CERTIFICATE OF SUBSTANTIAL COMPLETION AMA DOCUMENT G704 TO (Owner) City of Round Rock 214 East Main Street Round Rock, TX 78664 OWNER ARCHITECT CONTRACTOR FIELD OTHER PROJECT: Round Rock Central Fire Station (name, address) ARCHITECT: R. Gill & Associates, AIA ARCHITECT'S PROJECT NUMBER: 1310 J CONTRACTOR: Dorsett Construction CONTRACT FOR: General Construction L J CONTRACT DATE: July 9, 1981 DATE OF ISSUANCE: April 5, 1982 PROJECT OR DESIGNATED AREA SHALL INCLUDE: all construction as required under the current contract. The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Sub- stantial Completion is hereby established as April 5, 1982 which is also the date of commencement of all warranties and guarantees required by the Contract Documents. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is appended hereto. The failure to include any items on such list does,..t alter th sponsibility of the Contractor to com- plete all Work in accordance with the Contract Documents. R. Gill & Associates, AIA ARCHITECT BY DATE The Contractor will complete or correct the Work on the list of items appended hereto within days from the above Date of Substantial Completion. r Dorsett Construction Company o CONTRACTOR BY DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at 5:00 p.m. (time) on April 5, 1982 (date). City of Round Rock OWNER BY DATE The responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance shall be as follows: (NOTE — Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage) The Owner agrees to accept responsibility for normal building maintenance, utilities payments and insurance effective April 5, 1982. AIA DOCUMENT G704 • CERTIFICATE OF SUBSTANTIAL COMPLETION • APRIL 1970 EDITION • AIA © 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 ONE PAGE T CERTIFICATE OF SUBSTANTIAL COMPLETION AIA DOCUMENT G704 • • PROJECT: Round Rock Central Fire Station (name, address) TO (Owner) r City of Round Rock 214 East Main Street Round Rock, TX 78664 OWNER v OWNER ARCHITECT CONTRACTOR FIELD OTHER ARCHITECT: R, Gill & Associates, AIA ARCHITECT'S PROJECT NUMBER: 1310 CONTRACTOR: Dorsett Construction CONTRACT FOR: General Construction L J CONTRACT DATE: July 9, 1981 DATE OF ISSUANCE: April 5, 1982 PROJECT OR DESIGNATED AREA SHALL INCLUDE: all construction as required under the current contract. The Work performed under this Contract has been reviewed and found to be substantially complete. The Date of Sub- stantial Completion is hereby established as April 5, 1982 which is also the date of commencement of all warranties and guarantees required by the Contract Documents. DEFINITION OF DATE OF SUBSTANTIAL COMPLETION The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect when construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. A list of items to be completed or corrected, prepared by the Contractor and verified and amended by the Architect, is appended hereto. The failure to include any items on such list doe of alter t esponsibility of the Contractor to com- plete all Work in accordance with the Contract Documents. R. Gill & Associates, AIA ARCHITECT B _ DATE The Contractor will complete or correct the Work on the list f items a nded hereto within days from the above Date of Substantial Completion. Dorsett Construction fnmoanv '' CONTRACTOR BY""� DATE The Owner accepts the Work or designated portion thereof as substantially complete and will assume full possession thereof at 5:00 p.m. (time) on April 5, 1982 (date). City of Round Rock BY DATE The responsibilities of the Owner and the Contractor for maintenance, heat, utilities and insurance shall be as follows: (NOTE— Owner's and Contractor's legal and insurance counsel should determine and review insurance requirements and coverage) The Owner agrees to accept responsibility for normal building maintenance, utilities payments and insurance effective April 5, 1982. AIA DOCUMENT G704 • CERTIFICATE OF SUBSTANTIAL COMPLETION • APRIL 1970 EDITION • AIAe ONE PAGE © 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 BETWEEN the Owner: and the Contractor: The Project: The Architect: THE AMERICAN INSTITUTE OF ARCHITECTS AGREEMENT made as of the 9 727' Hundred and Eighty -One (1981) AIA Document A101 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a • STIPULATED SUM 1977 EDITION THIS DOCUMENT. HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO 113 COMPLETION OR MODIFICATION Use only with the 1976 Edition of AIA Document A207, General Conditions of the Contract for Construction. This document has been approved and endorsed by The Associated General Contractors of America. day of July City of Round Rock 214 East Main Street Round Rock, TX 78664 Dorsett Construction, Inc. 1000 -A Prairie Trail Austin, TX 78758 Round Rock Central Fire Station Round Rock, Texas R. Gill & Associates P. 0. Box 217 Round Rock, TX 78664 The Owner and the Contractor agree as set forth below in the year of Nineteen Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, is 1977 by the American Institute of Architects, 1735 New York Avenue, N.W., Washington, D. C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United Slates and will be subject to legal prosecution. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W.. WASHINGTON, D. C. 20006 A101 -1977 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, the Conditions of the Contract {General, Supplementary and other Conditions), the Drawings, the Specifications, all Addenda issued prior to and all Modifications issued after exe- cution of this Agreement. These form the Contract, and all are as fully a part of the Contract as if attached to this Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. THE WORK The Contractor shall perform all the Work required by the Contract Documents for al l work rel ated to (Here insert the caption descriptive of the Work as used on other Contract Documents.) Round Rock Central Fire Station Round Rock, Texas ARTICLE 1 ARTICLE 2 ARTICLE 3 TIME OF COMMENCEMENT AND SUBSTANTIAL COMPLETION The Work to be performed under this Contract shall be commenced on or before a date to be speci fi ed in a written "Notice to Proceed" of the Owner or Architect. and, subject to authorized adjustments, Substantial Completion shall be achieved not later than two hundred (200)rdays after "Notice to Proceed" date. Were mseh any special provisions for liquidated damages relating lo failure to complete on lime.) Contractor agrees to pay liquidated damages' in the amount of $100.00 per day • for each calendar day after two hundred and fifteen (215) days after the "Notice to Proceed" that the project remains incomplete subject to revisions stated in the General Conditions. AIA DOCUMENT A101 • OWNER - CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA° 01977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 -1977 2 ARTICLE 4 CONTRACT SUM The Owner shall pay the Contractor in current funds for the performance of the Work, subject to additions and deductions by Change Order as provided in the Contract Documents, the Contract Sum of four hundred seventeen thousand seven hundred seventy - six dollars and no /cents ($417,776.00). The Contract Sum is determined as follows: (State here the base bid or other lump sum amount, accepted alternates, and unit prices, as applicable.) Base Bid (Refer to Attachment "C" - "Bid For A Lump Sum Contract ") $449,540.00 Attachment "D" 31,764.00 Total Contract Sum $417,776.00 ARTICLE 5 PROGRESS PAYMENTS • Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro- vided in the Contract Documents for the period ending the 1 ast day of the month as follows: Not later than 15 days following the end of the period covered by the Application for Payment ninety percent ( g0 %) of the portion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work and ninety percent ( 90 %) of the portion of the Contract Sum properly allocable to materials and equipment suitably stored at the site or at some other location agreed upon in writing, for the period covered by the Application for Payment, less the aggregate of previous payments made by the Owner; and upon Substantial Completion of the entire Work, a sum sufficient to increase the total payments to ninety percent ( 90 %) of the Contract Sum, less such amounts as the Architect shall determine for all incomplet Work and unsettled claims as provided in the Contract Documents. (Il not covered elsewhere in the Contract Documents, here insert any provision for limiting or reducing the amount retained alter the Work reaches a certain stage of completion.) All payments to the Contractor shall be subject to City Council approval. Said approval will be considered at the regularly scheduled meeting of the council which falls on the second Thursday of each month. Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the place of the Project. (Here Insert any rate of interest agreed upon.) Usury laws and requirements under the Federal Truth in Lending Act, similar state and focal consumer credit laws and other regulations at the Owners and Contractor's principal places of business. the location of the Project and elsewhere may affect the validity of this provision. Specific legal advice should be obtained with respect to deletion, modification, or other requirements such as written disclosures or waivers.) AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIA. ©1977 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A101 -1977 3 FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the Owner to the Contractor when the Work has been completed, the Contract fully performed, and a final Certificate for Payment has been issued by the Architect. MISCELLANEOUS PROVISIONS 7.1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings designated in those Conditions. 7.2 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed in Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows: (List below the Agreement, the Conditions of the Contras (General, Supplementary, and other Conditions), the Drawings, the Specifications, and any Addenda and accepted alternates, showing page or sheet numbers in all uses and dates where applicable.) Standard Form of Agreement Between Owner and Contractor (AIA Document A101, 1977 Edition, June, Dated July 1981). General Conditions of the Contract for Construction, (AIA Document A201, 1976 Edition, Pages 1 through 19, inclusive). Supplementary Conditions, Pages 1 through 5 inclusive. Drawings: Project - Round Rock Central Fire Station, Dated May 26, (unless otherwise noted). Refer to Attachment Index of Drawings, Index of Drawings - 1. Project Manual (Specifications): Project - Round Rock Central Fire Station Dated May 26, 1981 - Refer Attachment "B" Table of Contents, Pages Table of Contents 1 through 3 inclusive. Addendum Number One: Dated June 10, 1981, consisting of five pages. Addendum Number Two: Dated June 11,1981, consisting of two pages. Attachment "C ": Bid For a Lump Sum Contract submitted by Dorsett Construction, Inc., Dated June 16, 1981 consisting of five pages (including Bond Documents). Attachment "D ": List of accepted revisions. This Agreement entered into as of the day and year first written above. OWNER City of Round Rock 214 East Main Street Round Rock, TX 78664 ARTICLE 6 ARTICLE 7 CONTRACTOR Dorsett Construction, Inc. 1000 -A Prairie Trail Austin, TX 78 : 1981 "A", AIA DOCUMENT A101 • OWNER- CONTRACTOR AGREEMENT • ELEVENTH EDITION • JUNE 1977 • AIAe 01977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 A1011977 4 The following special conditions amend, modify, or supplement the standard form of agreement between owner and contractor. In the event of a conflict between the following provisions and provisions of the other contract documents as listed in Article 7, Paragraph 2, of the aforesaid owner - contractor agreement, the provisions below will govern. REPRESENTATIONS 1. Contractor hereby warrants and represents to Owner that: a. Contractor is skilled and experienced in the construction of the type described herein. b. Contractor has visited the job site and familiarized himself with the report of the soil borings performed by Frank G. Bryant & Associates, Project 4169, of the Contract Documents and satisfied himself as to the condition of the surface and subsurface of the property; available labor supply; available material and supplies; and all other matters which could, in reasonable probability affect the performance of the Work. "SUBSTANTIAL COMPLETION" 2. By the term "substantial completion" as used in Article 3 of the Agreement between Owner and Contractor is meant such completion as would reasonably permit the Owner to occupy the Project and begin the use for which the Project is intended. OWNER: City of 'and Rock 214 Ea in Ro a ._ r BY: TITLE: SPECIAL CONDITIONS CONTRACTOR: Dorsett Construction, Inc. 1008 Prairie Trail , TX 87; / 'li a' il_ik BY: TITLE: STRUCTURAL LIST OF DRAWINGS ATTACHMENT "A" ARCHITECTURAL A -1 Abbreviations and Symbol Keys A -2 Master Dimensioned Site Plan and Site Details A -3 Master Grading Plan and Detention Plan A -4 Dimensioned Floor Plan A -5 Building Elevations A -6 Building Sections A -7 Building Details A -8 Window Details A -9 Door Details A -10 Interior Elevations /Cabinet Sections S -1 Foundation Plan S -2 Roof Framing Plan S -3 Structural Details S -4 Structural Details S -5 Interior Panel Elevations S -6 Interior Panel Elevations /Fin Elevations MECHANICAL /PLUMBING /ELECTRICAL MPE -1 Utility Site Plan, Electrical Riser Diagram M -2 H.V.A.C. Plan P -2 Plumbing Plan P -3 Riser Diagrams and Plumbing Schedules E -2 Power Plan E -3 Lighting and Reflected Ceiling Plan E -4 Panel and Fixture Schedules, Symbol Keys ATTACHMENT "B" P R O J E C T M A N U A L ROUND ROCK CENTRAL FIRE STATION ROUND ROCK, TEXAS TABLE OF CONTENTS BIDDING REQUIREMENTS Advertisement for Sub - Contract Bids 1 Instructions to Sub - Contract Bidders 1 - 3 Sub - Contract Bid 1 - 2 CONTRACT FORMS Forms of Agreement 1 CONDITIONS OF THE CONTRACT General Conditions, AIA Document A201, 1976 Ed. 1 - 19 Supplementary Conditions 1 - 5 DRAWINGS List of Drawings PAGES, INCLUSIVE 1 TECHNICAL SPECIFICATIONS Division 1 - General Requirements 01000 - General Requirements 1 01020 - Allowances 1 01100 - Alternates 1 01500 - Temporary Facilities and Controls 1 - 3 Division 2 - Sitework 02010 - Subsurface Investigation 1 - 7 02100 - Excavation and Grading 1 - 4 02300 - Concrete Paving, Curb & Gutter 1 - 3 02480 - Landscaping 1 - 4 02500 - Drilled Piers 1 - 2 02600 - Sidewalks 1 02610 - Asphalt Paving 1 - 4 Division 3 - Concrete 03300 - Cast -In -Place Concrete 1 - 8 03430 - Tilt -Up Concrete Construction 1 - 2 TABLE OF CONTENTS - 1 Division 4 - Masonry - NOT USED ATTACHMENT "B" Division 5 - Metals 05100 - Structural Steel 1 - 4 05300 - Steel Roof Deck 1 05400 - Light Gauge Metal Framing 1 - 2 05420 - Steel Joists 1 - 2 05500 - Metal Fabrications 1 - 5 Division 6 - Wood and Plastics 06100 - Rough Carpentry 1 - 2 06200 - Finish Carpentry 1 - 3 06400 - Architectural Woodwork 1 - 3 Division 7 - Thermal and Moisture Protection 07200 - Rigid Insulation 1 - 2 07210 - Building Insulation 1 07410 - Metal Roofing 1 - 2 07510 - Built -Up Roofing 1 - 4 07600 - Flashing and Sheet Metal Work 1 - 2 07900 - Caulking and Sealant 1 - 2 Division 8 - Doors, Windows, and Glass 08100 - Metal Doors and Frames 1 - 3 08200 - Wood Doors 1 - 2 08350 - Folding Doors 1 08362 - Upward Acting Sectional Doors 1 - 2 08500 - Aluminum Windows 1 - 3 08700 - Finish Hardware 1 - 3 08730 - Weatherstripping Seals 1 08740 - Thresholds 1 08800 - Glazing 1 - 3 08900 - Aluminum Entrances, Windows and Storefronts 1 - 2 Division 9 - Finishes 09100 - Lath and Plaster 1 - 5 09250 - Gypsum Wallboard 1 - 3 09500 - Acoustical Treatment 1 - 3 09650 - Resilient Floor Covering 1 - 3 09680 - Carpeting 1 - 4 09900 - Painting 1 - 6 09950 - Vinyl Wall Covering 1 - 3 Division 10 - Specialties 10150 - Toilet Enclosures 1 - 3 10440 - Signage 1 10500 - Lockers 1 - 3 10800 - Toilet Accessories 1 - 3 TABLE OF CONTENTS - 2 ATTACHMENT "B" Division 11 - Equipment - NOT USED Division 12 - Furnishings - NOT USED Division 13 - Special Construction - NOT USED Division 14 - Conveying Systems - NOT USED Division 15 - Mechanical Work 15100 - General Provisions for Mechanical Construction 1 - 8 15400 - Plumbing Specifications 1 - 8 15600 - Heating, Ventilating, and Air Conditioning Specifications 1 - 4 15800 - Air Distribution Specification 1 - 3 Division 16 - Electrical Work 16100 - General Provisions for Electrical Construction 1 - 7 16101 - Description of the Work 1 - 2 16202 - Interior Components 1 - 2 16203 - Raceways, Fittings, Boxes 1 - 3 16204 - Trim -Out Materials 1 - 3 16206 - Equipment Connections, Controls, & Miscellaneous 1 16207 - Special Systems 1 - 2 16208 - Emergency Electric Power System 1 - 3 TABLE OF CONTENTS - 3 ROUND ROCK CENTRAL FIRE STATION R. GILL & ASSOCIATES ROUND ROCK, TEXAS ROUND ROCK, TEXAS Proposal of DORSETT CONSTRUCTION, INC. TO: Gentlmen: BID FOR A LUMP SUM CONTRACT a Corporation Add #2 Dated June 11, 1981 ATTACHMENT "C" DATE: June 16, 1981 (Hereinafter called "Bidder ", *a corporation, organized and existing under the laws of the State of Texas; *a partnership or *an individual doing business as The undersigned, in compliance with your invitation for bid for the construction of Round Rock Central Fire Station, Round Rock, Texas; having examined the drawings and specifications with related documents and the site of the proposed work, and being familiar with all of the conditions surrounding the construction, of the proposed work, hereby proposes to furnish all labor, material, equipment and supplies and to construct the project in accordance with the Contract Documents, within the time set forth herein, and at the price set forth below. These prices are to cover all expenses incurred in performing the work required under the Contract Documents of which this proposal is a part. Bidder hereby agrees to commence work on or before a date to be spec- ified in a written "Notice to Proceed" of the Owner and to fully com- plete the work, ready for occupancy within 200 days. Bid- der agrees to pay as liquidated damages in the amount of $100.00 per day for each calendar day after 15 days that the project re- mains incomplete. Bidder acknowledges the receipt of the following addenda: Add #1 Dated June 10, 1981 *Insert corporation, partnership, or individual as applicable. BID CONTRACT - 1 Bidder agrees to perform all of the work described in the Spec- ifications and shown on the Drawings for a lump sum for all con- struction of ;oclft + i- Id 4GK Kp PI ri re) WC 7}104.15 ,gyp FIVE FOR y ($ 44-1 ,54-0. oo ) ** Ao 1 fl * %o o pO LLAKS ALTERNATE BID NO. 1: For all work as described in Alternate Bid No. 1, SECTION 01100, I (or WE) will ADD TO /DEDUCT FROM the base bid the sum of six Hundred Fifty and no /100 ($ 650 00 ). ** PLUMBING: iA LL.53 ` K}:. Pt. U Mr31►J� HEATING, VENTILATING, AND AIR CONDITIONING: Fekl o.JrrJ6, ELECTRICAL WORK: Bidder understands that the Owner reserves the right to reject any or all bids and to waive any formalities in the bidding. The bidder agrees that this bid shall be good any may not be with- drawn for a period of 45 calendar days after the scheduled closing time for receiving bids. Upon receipt of written notice of the acceptance of this bid, Bidder shall execute the formal contract within ten days and deliver a Surety Bond or Bonds as required by the General and Supplementary Conditions. The Bid security attached in the sum of 53 of Base Bid ) ** is to become the property of the Owner in the event the contract and bond are not executed within the time above set forth, as liquidated damages for the delay and additional expense to the Owner caused thereby. (SEAL if bid is by a corporation) ($ * *Amount shall be shown in both words and figures. In case of discrepancy, the amount shown in words will govern. ATTACHMENT "C" e- PresidTLE DORSETT CONSTRUCTION, INC. 1000 -A Prairie Trail Austin, Texas 73758 (512) 835 4811 BUSINESS ADDRESS BID CONTRACT - 2 DORSETT CONSTRUCTION, INC. 1000 -A PRAIRIE TRAIL AUSTIN, TEXAS 78758 (512) 835 -4811 - Unit Price per Drilled Pier: im Greenwood /Chief Estimator Vice - President ATTACHMENT "C" Round Rock Central Fire Station R. Gill 8 Associates Round Rock, Texas Round Rock, Texas Unit Bid of Drilled Piers June 16, 1981 18" Add $17.00 per LF Deduct $15.80 24" Add $17.00 per LF Deduct $15.80 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, thatwe DORSETT CONSTRUCTION, INC. (Here insert lull name and address or legal Idle of Contractor) 1000 —A Prairie Trail, Austin, Texas 78758 as Principal, hereinafter called the Principal, and RELIANCE INSURANCE COMPANY (Here insert full name and address or legal tale of Surety) a corporation duly organized under the laws of the State of PENNSYLVANIA as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF ROUND ROCK, TEXAS Mere insert lull name and address or legal tale of Owner) as Obligee, hereinafter called the Obligee, in the sum of FIVE PER CENT OF THE GREATEST AMOUNT BID - Dollars ($ 58 G.A.B. ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for CONSTRUCTION OF FIRE STATION. (Here insert full name, address and description of proieo NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this (Witness) (Witness) 16th day of RELIANCE INSU { ATTACHMENT "C" June, DORSETT CONSTRUCT ON, INC. ncipal) ( Title) E COMPANY urety) eat) (Title) Robert D. White, Attorney —in —Fact 19 81. (Seal) AIA DOCUMENT A310 • BID BOND • AIA ®• FEBRUARY 1970 ED •'THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D. C. 20006 ATTACHMENT "C" RELIANCE INSURANCE, COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint H. A. Gibson, Joe Bruce, Robert D. White, W. Lawrence Brown, Janice G. Correy, Dorothy Valek and William D. Baldwin, iadividio11 of Dallas, Texas its true and lawful Attorney -in -Fact, to make. execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of Suretyship to bind to RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obl in the nature thereof were signed by an Evocative Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of suds officers, and hereby ratifies and confirms all that its said Attorneylal- in-Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By •Laws of RELIANCE INSURANCE COMPANY which became elective September 7, 1979, which provisions are now in full fora and effect, reading as follows: ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS 1. The Board of Directors, the President, the C of the Board, any Senior Vice President- any Vice President or Assistant Vice President or other office designated by the Board of Directors stall have power and authority to 1a1 appoint Attorneys- in-Faa and to authorize them to execute on behalf of the Company, bonnie and undertakings, reeognia0oa, contracts of indemnity and other writings obligatory in the nature thereof, and lb/ TO remove any suds Attorney -in -Fact at any time and revoke the sower and authority given to him. • 2. Attorneys -in -Fact shell have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and debars on bent} of Me Company, bonds and underakings, recognizance', contracts of indemnity and other writings obligatory in the nature thereof. The Mnoorate sal is not necessary for the solidity of any bonds and undertakings, recognizance', contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys-in-Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and m copies of the By -Lava of the Company or any rtide or section thereof. This power of attorney a signed and meted by facsimile under and by authority of the following Resolution adopted by the Board of Dinecnon of RELIANCE INSURANCE COMPANY at a meting held on the 501 dal of June, 1979. at which a quorum cues present. and said Resolution has not been amended or repealed: "Remised. that the signatures of such directors and offices and the seal of the Company may be affixed to any such rower of attamy or any certificate relating thereto by facsimile, and any skid power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and taceimile seal shall be valid and binding upon the Company in the future with respect to any bond or uMeiaking to which it is attedsed." Asst. IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY hes caused these presents to be signed by its Vice President, and incorporate reel to be Is nnto affixed, this 10th day of September 19 80. STATE OF Pennsylvania COUNTY OF Philadelphia My Commission Expire: May 7, 000 -1031 Ed. 6179 RELIAN _ INS - ANCE COMPAf1Y Asst. - Vin President on mu 10th day of September . 19 8Q personally appeared Andrew J. Ruck Asst. to me known to be the Vi,e- President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the set os said corporation thereto, and that Article VII, Section 1. 2. and 3 of the By -Laws of said Company and Me Resolu- tion, at forth therein. are still in full force. Penn y lv ania Notary Public in and for State of Residing at Philadelphia I, P. D. Cressetta , AsaistaM Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify not the above and foregoing 110 true and Correa copy of a Poway, of Art- , .�s -L- by said RELIANCE INSURANCE COMPANY, which is still in full force and effect. IN WITNESSWHEREOF, I ova hereunto at my hensdand aid Cornpany this 16th d °f ne, 19 81 . Assistant Secretary ROUND ROCK CENTRAL FIRE STATION (ATTACHMENT "D ") LIST OF ACCEPTED REVISIONS The following is a list of accepted revisions to the contract submitted by Dorsett Construction, Inc:. Item I: Omit landscaping specified in Section 02480 for the specification manual. Deduct $7,000.00 Item 2: Omit concrete curb on the outside edge of asphalt paving. Deduct $3,780.00 Item 3: Change standing seam metal roof, cap flashing, collectors and downspouts from prefinished metal to galvanized metal cleaned with a chemical compound designed for this purpose. Deduct $2,750.00 Item 4: Omit in its entirety Women's Shower Room 133. Deduct $2,424.00 Item 5: Change aluminum entrance, window and store- front frames from dark bronze anodized to clear aluminum. Deduct $ 890.00 Item 6: Furnish and install 23 lockers in lieu of 43. Deduct $1,900.00 Item 7: Omit shelving in Rooms - 116, 118, 123, and 114 and change kitchen cabinets to standard factory built cabinets of Northern Sycamore. Shop drawings will be submitted as previously required. Deduct $2,900.00 Item 8: Omit folding partition doors number 114c and 114d. Deduct $1,900.00 Item 9: Change vinyl asbestos tile thickness from 1/8" to 3/32 ". Deduct $ 500.00 Item 10: Change electrical standby generator from 45KW to 25KW. Deduct $2,000.00 Item 11: Deduct nine battery powered emergency lights (fixtures A -1, B -1, and D -1) Deduct $ 720.00 Item 12: Rework electrical panels "E" and S. Item 13: Place copper plumbing lines below slab and use Type "L" piping. Deduct $2,500.00 Item 14: Revise Heating, Ventilating, and Air Conditioning equipment as follows: a. Change grilles and diffusers from Tuttle and Bailey to Atco. b. Change fans from belt drive to direct drive. ATTACHMENT "D" Deduct $ 500.00 Deduct $2,000.00 Total Deduct $31,764.00 Round Rock Central Fire Station, Round Rock, Texas, 3 1129 5/72 STATUTORY PAYMENT BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATUE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, THAT DORSETT CONSTRUCTION, INC. 1000 -A Prairie Trail Austin, TX. 78758 (HEREINAFTER CALLED THE PRINCIPAL(S) AS PEINCIPAL(S), AND RELIANCE INSURANCE COMPANY (HEREINAFTER CALLED THE SURETY(S), AS SURETY(S), ARE HELD AND FIRMLY BOUND INTO CITY OF ROUND ROCK, TEXAS, 214 East Main Street, Round Rock, TX. 78664 (HEREINAFTER CALLED THE OBLIGEE), IN THE MOUNT OF FOUR HUNDRED SEVENTEEN THOUSAND SEVEN HUNDRED SEVENTY - SIX AND NO /100 DOLLARS ($417,776.00 ) FOR THE PATENT WHEREOF, THE SAID PRINCIPAL AND SURETY BIND THEMSELVES, AND THEIR HEIRS AD':UNISTRATOP.S, EXECUTORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, FIENLY BY THESE PRESENTS. WHEREAS, THE PRINCIPAL HAS ENTERED INTO A. CEPTAIN WRITTEN CONTRACT WITH THE OBLIGEE, DATED THE 21st DAY OF July 1981 , I* for construction of WHICH CONTRACT IS HEREBY REFERRED TO AND MADE A PART HEREOF AS FULLY AND TO THE SAAB EXTENT AS IF COPIED AT LENGTH HEREIN. NOW, THEREFORE, THE CO3'DITIO ?'N OF THIS OBLIGATION IS SUCH, THAT IF THE SAID PRINCIPAL SHALL PAY ALL CLAIMANTS SUPPLYING LABOR AND MATERIAL TO HIM DR A SUBCONTRACTOR IN THE PROSECUTION OF THE WORT: PROVIDED FOR IN SAID CONTRACT, THE, THIS OBLIGATION SHALL BE VOID: OTHERWISE TO RE'.1:I•T IN FULL FORCE AND EFFECT. PROVIDED, HOWEVER, THAT THIS BOND IS EXECUTED PURSUANT TO THE PROVISIONS OF ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLAATURE, REGULAR SESSION, 1959, AND ALL LIABILITIES OF THIS BOND TO ALL SUCH CLAIMANTS SHALL i3E DETERMINED IH ACCORDANCE WITH THE PROVISIONS OF SAID ARTICLE TO THE SANE EXTENT AS IF IT WERE COPIED AT LENGTH HEREIN. I ^T WITNESS WHEREOF, THE SAID PRINCIPAL(S) AND SURETY(S) HAVE SIGNED AND SEALED THIS INSTRUMENT THIS 21st DAY OF July 1981 DORSETT CONSTRUCTION, INC. (PRINCIPAL) (PRINCIPAL) (PRINCIPAL) RELIANCE INSURANCE COMPANY ATTORNEY -IN -FACT (ROBERT D. WHITE) STATUTORY PERFORMANCE BOND PURSUANT TO ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959 KNOW ALL MEN BY THESE PRESENTS, THAT DORSETT CONSTRUCTION, INC. (HEREINAFTER CALLED THE PRINCIPAL(S), AS PRINCIPAL(S), AND RELIANCE INSURANCE COMPANY 1000 -A Prairie Trail Austin, TX. 78758 (HEREINAFTER CALLED THE SURETY(S), AS SURETY(S), ARE HELD AND FIRMLY BOUND INTO CITY OF ROUND ROCK, TEXAS, 214 East Main Street, Round Rock, TX. 78664 (HEREINAFTER CALLED THE OBLIGEE), IN THE AMOUNT OF FOUR HUNDRED SEVENTEEN THOUSAND SEVEN HUNDRED SEVENTY - SIX AND NO /100 DOLLARS ($417.776.00 ) FOR THE PAYMENT WHEREOF, THE SAID PRINCIPAL AND SURETY BIND THEMSELVES, AND THEIR HEIRS, ADMINISTRATORS, EXECUTORS, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY, FIRMLY BY THESE PRESENTS. WHEREAS, THE PRINCIPAL HAS ENTERED INTO A CERTAIN WRITTEN CONTRACT WITH THE OBLIGEE, DATED THE 21st DAY OF July 1981 , 10 for construction of Rn „n rl Rork Central Fire Station, Round Rock, Texas, WHICH CONTRACT IS HEREBY REFERRED TO AND MADE A PART HEREOF AS FULLY AND TO THE SAME EXTENT AS IF COPIED AT LENGTH HEREIN. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT IF THE SAID PRINCIPAL SHALL FAITHFULLY PERFORM THE WORK IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS, 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 ARTICLE 5160 OF THE REVISED CIVIL STATUTES OF TEXAS AS AMENDED BY ACTS OF THE 56TH LEGISLATURE, REGULAR SESSION, 1959, AND ALL LIABILITIES OF THIS BOND SHALL BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF SAID ARTICLE TO THE SAME EXTENT AS IF IT WERE COPIED AT LENGTH HEREIN. IN WITNESS WHEREOF, THE SAID PRINCIPAL(S) AND SURETY HAVE SIGNED AND SEALED THIS INSTRUMENT THIS 21st DAY OF Jul 19 8 B 1128 5/72 RELIANCE INSU'••NCE COMPANY CORP BY / tti ATTORNEY -IN -FACT (ROBERT D. WHITE) WHEREAS, the City has duly advertised for bids for the construction of a North Side Fire Station Facility, and WHEREAS, Dorsett Construction submitted the lowest and best bid, and WHEREAS, the Council wishes to accept the bid of Dorsett Construction, and to enter into a contract for the construction of said improvements, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS That the bid of Dorsett Construction is hereby accepted as the lowest and best bid, and the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Dorsett Construction for the construction of a North Side Fire Station Facility. RESOLVED this 9th day of July, 1981. ATTEST: RESOLUTION NO. .../7/E Y L. TO Mayor City of Round Rock, Texas THE CITY OF ROUND ROCK 214 E. Main St. • AC 512-255.3612 • Round Rock, Texas 78664 LARRY L. TONN Mayor MIKE ROBINSON Mayan Pro-tam COUNCIL MEMBERS MIKE HEILIGENSTEgY GRAHAM HOWELL PETE CORREA JOE SANER TRUDY L- LEE BOB BENNETT City Manager STEPHAN L. SHEETS City Attorney RANDY E. DREWETT Muni pal Judge Dorsett Construction, Inc. 1000 -A Prairie Trail Austin, Texas 78758 July 20, 1981 Dear Sir: Enclosed please find two (2) signed original contracts between the City of Round Rock and Dorsett Construction, Inc. Please have the necessary person sign on behalf of your company and then forward one (1) executed contract back to this office for our files. Thank you for your consideration in this matter. Sincerely, Enc. Joanne Land City Secretary City of Round Rock - - - -- -- - - -- i 7 City of Round Rock 214 East Main Street Round Rock, Texas 78664 CERTIFIED MAIL NO. P05 5207729 RETURN RECEIPT REQUESTED To Whom It May Concern: JAMES A. BANNEROT Attorney ar Law 3636 Bee Cave Road, Suite 14 Austin, Texas 78746 (512) 327-4860 January 22, 1982 Re: Construction performed by Austin Rigging Company, inc. on the Round Rock Central Fire Station in Round Rock, Texas pursuant to contract with Dorsett Construction Company. In accordance with Article 5160(F) of the Revised Civil Statutes of Texas, the undersigned hereby requests that it be supplied with a certified copy of the payment bond and the contract with the prime contractor with regard to the improvements on the above - captioned project. The undersigned states that it has performed labor and delivered materials for which payment has not been made with reference to said project. JAB /awc Enclosure Austin Rigging Company, Inc. By: u0 4. J�✓v M James A. Bannerot Attorney -in -Fact THE STATE OF TEXAS COUNTY OF TRAVIS £ James A. Bannerot, Applicant, upon his oath and after being duly sworn, states that he has read the above application for copy of payment bond and contract and that he has personal knowledge of the facts contained therein and that said facts are true and correct. SWORN TO AND SUBSCRIBED before me this day of January, 1982, to certify which witness my hand and seal of office. otary Public in T1 kukr 8• �u Travis County, Texas My Commission expires: vA/g/ JAMES A. BANNEROT Attorney at taw 3636 Bee Cave Road, Suite 14 Austin, Texas 78746 (512) 327 -4860 January 25, 1982 Dorsett Construction Company 1001 -A Prairie Tr il Austin, Texas 78758 CERTIFIED MAII/'N0. P05 5207727 RETURN RECEIPT REQUESTED Reliance,Insurance Company 411 N. Akard Dallad, Texas 75201 CERTIFIED MAIL NO. P05 5207728 RETURN RECEIPT REQUESTED Re: Construction performed by Austin Rigging Company, Inc. on the Round Rock Central Fire Station in Round Rock, Texas. To Whom It May Concern: Notice is hereby given pursuant to Article 5160(B)(a) that the undersigned has performed labor and furnished materials pursuant to an agreement with Dorsett Construction Company for the above - referenced job for the City of Round Rock, Texas. To date, the amount due and unpaid for such labor and materials is $4,035.32, after allowing for all lawful offsets, payments and credits, which amount is now claimed by this notice. Attached hereto is a true copy of said contract, which contract has been completed at a value of $3,821.00. An additional $214.32 is claimed for additional work performed pursuant to said contract. Also attached is the sworn statement of account which is made a part of this claim for all purposes. JAB /awc Enclosure v'cc. City of Round Rock 214 East Main Street Round Rock, Texas 78664 CERTIFIED MAIL NO. P05 5207729 RETURN RECEIPT REQUESTED Austin Rigging Company, Inc. By: tames A. Bannerot Attorney -in -Fact PROPOSAL SUBMITTED TO Dorsett Construction Company PHONE DATE 835 -4811 October 20, 1981 STREET Attn: David Fletcher 1001 -A Prairie Trail JOB NAME Bound Rock Fire Station CITY, STATE AND ZIP CODE Austin, Texas 78758 JOB LOCATION Round Rock, Texas ARCHITECT oar( or PLANS JOB PHONE We hereby submit specifications and estimates for We are pleased to submit our proposal for the Tiltwall Panel Erection on the above job. Our price included labor, supervision and equipment necessary for the setting of 21 (Twenty -One) Tiltwall Panels. Our price includes the following conditions: 1. General Contractor to clean out all inserts for braces and lifting devices. 2. General Contractor to furnish suitable access for cranes and equipment. 3. General Contractor to kill out all power while working in hazardous areas. 4. Delays to Austin Rigging Company without its fault and for reasons beyond its reasonable control at any time in the process of the work, it it's continuous and orderly work swquence is disrupted or if extra work or rework is required beyond the scope of this proposal, by any act of neglect of the Owner or by any employee of his, or by any separate contractor employed by the Owner, or by changes ordered in the work or by labor disputes, unusual delay in transportation, unavoidable casualties or any causes beyond the reasonable control of Austin Rigging, or by delay authorized by the Owner, or by government actions, either domestic or foreigh, or by riot, civil commotion or fire, then the contract time shall be extended by change order for such reasonable time as is appropriate for the delay, disruption or suspension of work and the contract price shall be equitable adjusted to compensate Austin Rigging for the reasonable costs involved. 5. We will require a tewnty -four (24) hour notice to start job of of arrival of all shipments to job site. 6. General Contractor to furnish all shims,•anchors bolts and etc. 7. We exclude the following items; A. Layout of building lines B. Grades and elevations. - C. Furnishing of shims, stiffbacks,bracing and /or the installation of these items. D. Grouting and /or touch up paint. i P Propose hereby to furnish rR01R17tabool labor — complete in accordance with above specifications, for the sum of: Three Thousand Eight Hundred Twenty One dollars($ 3 ,821.00 Payment 10 be made as follows: Percentage of completion to be invoiced on or about the 25th of the month. Payment to No refainage o be held. Net 30 days. be made by the 10th of the following mon ttl. If billed complete in one invoice, Pa ment is 011 material is guaranteed to be as specified. Alt wort to be completed In a workmanlike manner according to standard practices. Any alteration or deviation from above speotica. tions nvo1ing extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent 01500 strikes. accidents or delays beyond our control. Owner to carry lire, tornado and other necessary insurance. Our workers are fully covered by Workmen's Compensation Insurance. A rrrptattre (lf f ropo al —The above prices, specifications and conditions are satisfactory and are - reby accept r. You are authorized to do the work as specified Pay nt - be made as o I lne above. Date of Acceptance - ) AUSTIN RIGGING COMPANY, INC. P. 0. Box 15245 AUSTIN, TEXAS 78761 (512) 251.3423 Authorized Signature ichael G. odd Note: This proposal may 30 withdrawn by us it , ccept h � Signature Signature FORM 118-3 COPYRIGHT 1900 - 0,0001,1,60 0,:;141in< Groton. Mass 01450 A-Ne. fib /Y7 tl days Erection (labor) Rigging Gen. Cost. Crane Rental Misc. Disc. Crane Rer,L Contract: Material Sub-Cont. Other Income (6000) Misc. Deposits To tal P.O. BOX 15245 CONSTRUCTION COMPANY PRAIRIE 'FRAIL AUSTIN, TEXAS 78758 "ock Fire Station nifference anlv between Straight And Premium Time 'Set ?3: under Power Lines -?.1-31 Irm:rkor 0enc•ral Foretlan 2 1/ lirs. 0.T. ? 1/? Hrs. G.T. 1/2 irs. O.T. 1:?r 2 1/2 ilrs. O.T. 2 '/ 3,2 OUSTIN RIGGING CO., INC. '7 DESCRIPTION IN VOI AUSTIN. TEXAS 78761 "706/10frweate -{, 1 PHONE 251-3423 PER NOWT 24.01 19.83 19.71 18.17 7165 60.03 49.58 49.28 45.43 $214.32 rection (labor) igging en. Const. rane Rental lisc. Disc. rane Rental Contract laterial ub-Cont. ther Income (6000) lisc. Deposits Total RUSTIN RIGGING CO., INC. N. P.O. BOX 15245 AUSTIN, TEXAS 78761 TO: T1 CSTRUCTIOII CT.1P,'HY 1.11 A PR, TRAIL 7675 MMMITICW PACK FIPE STATIT1 PAkELS Total Amount of Contract Complete Tjkal Prpount of This 3 e y.:.)_/.0.0 INVOICE "Va *frseeides *as &Moeda" 3,8?1,00 PHONE 251-3423 THE STATE OF TEXAS COUNTY OF TRAVIS SWORN STATEMENT OF ACCOUNT BEFORE ME, the undersigned authority, personally appeared James A. Bannerot who upon oath, stated that: In accordance with an agreement with Dorsett Construction Company, claimant has furnished labor and material in connection with construction of the Round Rock Central Fire Station in Round Rock, Texas. The amount due and unpaid for such materials and labor, after allowing for all lawful offsets, payments and credits is $4,035.32 for which a claim is hereby made. Austin Rigging Company, Inc. By: James A. Bannerot Attorney -in -Fact SUBSCRIBED AND SWORN TO BEFORE ME on this the day of January, 1982, to certify which witness my hand and seal of office. AI No ,$ a` Public i n /a . f o,[j Travis County, Texas My Commission Expires: l 3_gfe JAMES A. EIANNEROT 306 E. Bee Caveiffg, Suite 14 Austin, TeSr 78746 Penny ELECTRIC & AIR CONDITIONING CO. laNNKTOMMKNKK 2570 Gravel Ft. Worth, Tx 76118 City of Round Rock City Hall Round Rock, Texas 78664 257Q Gravel 0 Fort. Worth, Texas 76118 CERTIFIED MAIL Gentlemen: Penny ELECTRIC & AIR CONDITIONING CO. "where a penny goes a long way" City of Round Rock Texas City Hall Round Rock, Texas 78664 SUBJECT: Round Rock Central Fire Station Round Rock, Texas 78664 January 20, 1982 Please be advised that we have installed equipment at subject project, as per attached copy of invoices #1, November, and invoice #2, December 22, 1981, in the amount of $13,723.58. Payment of this account has not been received. Pay- ment of these invoices should have been paid by the 10th of the following month. As of this date, payment for materials and labor at subject project has not been received. We will appreciate any cooperation or assistance you can give us in the collection of this account. copy - Dorsett Construction Company 10220 Nietropolitian Austin, Texas 78758 Very truly yours, PENNY AIR CONDITIONING COMPANY Jnet D. Lillis Corporate Secretary Carter Hampton, Attorney 1615 Precinct Line Road Hurst, Texas 76053 AWMMOOMMUNKX68121X X .J817) 284 -1494 December 22, 1981 FROM: Penny Air Conditioning Company 2570 Gravel Fort Worth, Texas 76118 TO: Dorsett Construction Company NAME OF PROJECT: Central Fire Station, Round Rock, Texas Draw No. 2 for period November 1981 to December 1981 ORIGINAL CONTRACT $18,191.00 TOTAL NET CURRENT CONTRACT $18,191.00 VALUE OF WORK COMPLETED TO DATE $15,248.42 PLUS VALUE OF MATERIAL STORED AT JOBSITE -0- TOTAL GROSS EARNINGS TO DATE $15,248.42 Less 10% Retained $ 1,524.84 NET EARNINGS TO DATE $13,723.58 LESS PREVIOUS PAYMENTS -0- TOTAL NET AMOUNT DUE THIS DRAW $13,723.58 BY: Larry Lee Penny, President 2570 Gravel Fort Worth, Texas 76118 November 23, 1981 FROM: Penny Air Conditioning Company 2570 Gravel Fort Worth, Texas 76118 TO: Dorsett Construction Company 10220 Metropolitian Austin, Texas 78758 NAME OF PROJECT: Central Fire Station, Round Rock, Texas DRAW NO. 1 for period October 1981 to November 1981 ORIGINAL CONTRACT $18,191.00 TOTAL NET CONTRACT $18,191.00 VALUE OF WORK COMPLETED TO DATE $12,881.50 PLUS VALUE OF MATERIAL STORED AT JOB SITE -0- TOTAL GROSS EARNINGS TO DATE $12,881.50 Less 10% Retained $ 1,288.15 NET EARNINGS TO DATE $11,593.35 LESS PREVIOUS PAYMENTS -0- TOTAL NET AMOUNT DUE THIS DRAW $11,593.35 BY: Larry Lee Penny, President Penny A/C 2570 Gravel Fort Worth, Texas 76118 City of Roundrock Texas City Hall Roundrock, Texas 78664 Gentlemen: shcraft Compall n INCORPORATED nn. eat- ks rs uM. , A_ ' ap. a &..aRtLv -L HOME OFFICE: 5620 FONOREN • DALLAS, TEXAS 75206 • 1214) 361 -6611 BRANCH OFFICE: BOX 6566 • FORT WORTH, TEXAS 76115 • 1617) 026 -4623 January 15, 1982 CERTIFIED MAIL- RETURN RECEIPT REQUESTED ( #P21- 2606911) SUBJECT: Roundrock Central Fire Station Roundrock, Texas Please be advised that Pennys Air Conditioning Company has been issued equipment by this company for installation at subject project, as per attached copy of invoice ( #9951) and the total amount of $1,018.00 is past due and unpaid. The attached copy of invoice #9951 makes a part of this notice the same as if copied herein in full. Payment on this account has not been received. Within 36 days after the 10th of the month next following the month of November, 1981, in which the materials were delivered, in whole or in part, this notice is given that payment therefore has not been received. We will appreciate any cooperation or assistance you can give us in the collection of this account. Very truly yours, ASHCRAFT COMPANY, _INC. Nancy Gibson Secretary - Treasurer copy - Dorsett Construction Company 1000 -A Prairie Trail Austin, Texas 78758 (certified # P21- 2606910) Penny Air Conditioning 7554 Sand Fort Worth, Texas 76118 (certified # 660975) Bill Delbridge - Fort Worth office /Ashcraft file SOLD 1" TO L DATE ORDERED )8 258 h Compan No 995 OATS 11- 23.41 Illrsassnlactrs4e4'S 4ep.4edeatatiue HOME OFFICE 12141 361 -6611 • 5620 FONDREN DRIVE • DALLAS, TEXAS 75206 Pennys Air Conditioning 7554 Sand Fort Worth, Texas 76118 AUDIT COPY r V THANK YOU SHIPPED FROM SHIP TO SAME AS SOLD TO UNLESS SHOWN BELOW. J Clancey Warehouse 1 -226 SNITZSO 4 SACK OUR CROSS NO. DEBCR ` Prepaid sminMoym Reznor XL -105 Unit Heaters MARK: Roundrock Piro Station Total Billing City Job/Tax 'Exempt THIS I NVOICE 15 PAYABLE AT DALLAS, TEXAS. Claims Must Be Made Within 10 Days of Receipt of Goods • NET 30 DAYS SA Del NI.T SR�CC.. LElNAN bridge 1,018.00 craft Cm INCORPORATED MANUFACTURER'S REPRESENTATIVE 5620 FONDREN • DALLAS, TEXAS 75206 CERTIFIED P21 P('Ail MAIL City of Roundrock, Texas City Hall Roundrock, Texas 78664 CERTIFIED MAIL RETURN RECEIPT REQUE TEXAS INDUSTRIES, INC. P 0 POP 8187 • AUSTIN, TEXAS 78762 CERTIFIED P12 5135315 MAIL RETURN RECEIPT REQUESTED y 0 .0 • Legal Department__ 214 EastMOW Round Rock, Texas 78664 To: Address: To: Address: Gentlemen: Contract No. NOTICE OF CLAIM Austin , Texas January 13 , 19 82 PROJECT: Round Rock Fire Station LOCATION: Round Rock, Texas David L. Dorsett Construction , Prime Contractor 10220 Metropolitan - Austin, Texas 78758 Pursuant to the McGregor Act, Article 5160 of the Revised Civil Statutes of Texas, as amended, we hereby tender our claim in the amount of $ 31,260.08 against the contractor David L. Dorsett Construction for ready mix concrete and fill matar;ala furnished to David L. Dorsett Construction on or about the following dates Anaust 1981 tbru 1lprpmhpr 1981 at Round Rock Fire Station. Round Rock. Texas for use in the Project described above. Please give this matter your immediate attention, as it may become necessary to file suit if this claim is not settled within 60 days from the date of this letter. Certified Mail No. � f.3 /6' STATE OF TEXAS COUNTY OF Travis Very truly yours, BEFORE ME, the undersigned authority, on this day personally appeared Frank L. Thompson , known to me to be the person whose name is subscribed hereto, and upon oath deposes and states that he is Credit Manager of Texas Industries, Austin Division , and is authorized to make this affidavit; that he has read the foregoing and attached Notice of Claim and the amount claimed therein is just and correct, and all just and lawful offsets, payments, and dits known to him have been allowed. TO CERTIFY WHICH WITNESS MY HAND AND SEAL OF 0 CE this the 13th day of January , Surety 19 82 • i4 n,.. -P, _ Z� a ricia Feese Notary Public in and for Travis County, Texas PROJECT: LOCATION: NOTICE OF CLAIM To: David L. Dorsett Construction ,Prime Contractor Address: 10220 Metropolitan - Austin, Texas 78758 To: , Surety Address: Gentlemen: Austin , Texas January 13 , 19 82 Pursuant to the McGregor Act, Article 5160 of the Revised Civil Statutes of Texas, as amended, we hereby tender our claim in the amount of $ 31, 260.08 against the contractor David L. D.r for ready mix concrete and furnished to David L. Dorsett on or about the following dates Angost 1981 thrn llaramher 1981 at Round Rock Fire Station. Round Rock. Texas for use in the Project described above. Please give this matter your immediate attention, as it may become necessary to file suit if this claim is not settled within 60 days from the date of this letter. fill matcrialc Construction Contract No. Round Rock Fire Station Round Rock, Texas e By: Certified Mail No. 7 ? 5 a / /h STATE OF TEXAS COUNTY OF Travis Very truly yours, BEFORE ME, the undersigned authority, on this day personally appeared Frank L. Thompson , known to me to be the person whose name is subscribed hereto, and upon oath deposes and states that he is Credit Manager of Texas Industries, Austin Division , and is authorized to make this affidavit; that he has read the foregoing and attached Notice of Claim and the amount claimed therein is just and correct, and all just and lawful offsets, payments, and known to him have been allowed. I. I L. kt TO CERTIFY WHICH WITNESS MY HAND AND SEAL OF 0 CE this the 13th day of January Pa ricia reese Notary Public in and for Travis , 19 82 County, Texas Ta ce xas Commerce Bank A 700 Lava P.O. Box 550 Austin, Texas 78789 City of Round Rock 214 E. Maine Street Round Rock, TX 78664 CHANGE ORDER SUMMARY Change Orders approved in previous months by Owner TOTAL ADDITIONS DEDUCTIONS Approved This Month Number Dale Approved TOTALS . Net change. by Change Orders APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 TO(Owner); City of Round Rock 214'East Maine St. Round Rock, Texas ATTENTION:R. Gill and Associates P. 0. Box .217 Round Rock, Texas The undersigned Contractor certifies that to the best of his knowledge. ' nformation and belief the Work covered by this Application' for `Payment has been completed in accordance with the Contract Docu- ments, that all amounts have been paid by him for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that 'current payment shown herein is now due. CONTRACTOR: By • Date: PROJECT ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on on -site obser- vations and the data comprising the above application, the Architect certifies to the Owner that the Work has progressed to the point indicated; that to the best of his knowledge, information and belief, the quality of the Work is in accordance with the Contract Docu- ments; and that the Contractor is entitled to payment of the AMOUNT CERTIFIED. Fire Station Round Rock AIA DOCUMENT 6701 • APPLICATION AND CERTIFICATE FOR PAYMENT • APRIL 1978 EDITION • AIA • 01978 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 ARCHITECT'S CONTRACT FOR: Dorsett Construct 10220 Metropolitan Austin, Texas 78758 CONTRACT DATE: APPLICATIONNO: 3 Distribution lo: O OWNER PERIOD FROM: August 31 ,17 YOzelt ITECT TO: Sept. 3 1, 1 1DNTRAC3OR Application is made for Payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document G703, is attached. The present status of the account for this Contract is as follows: $ 417,776.00 ORIGINAL CONTRACT SUM Net change by Change Orders $ CONTRACT SUM TO DATE $ 41 7 , 7 7 6 . 0 0 TOTAL COMPLETED & STORED TO DATE $ 128,602.00 (Column G on 6703) RETAINAGE 10 5 12,860.00 or total in Column I on G703 TOTAL EARNED LESS RETAINAGE $ 115 , 74 .00 LESS PREVIOUS CERTIFICATES FOR PAYMENT 5 68, 733.00 CURRENT PAYMENT DUE MCA ONE 01 PAGES - 0 - s. w7 60 00 State of: * tZ. County, :of: 74. L (. L- 3 Subscribed and sworn to efore m � {. this �fsL/day of , _3 � e",192,'/ Notary Public. � 7c.t LGR L-P My Commission e pyre. ,�{✓; ` AMOUNT CERTIFIED / 5 (Attach explanation if amount certified differs from the amount applied tor.) ARCHITECT: This Cert Cate is not negotiable. The AMOUNT CERTIFIED is p- able only to the Contractor named erein. Issuance, payment and acceptance of payment are without prejudice to any right of the Owner or Contractor under this Contract. G702 — 1978 METROPOLITAN BANKING Dear Sirs: Commerce k ce Ban Aunin TEXAS COMMERCE BANK - AUSTIN City of Round Rock 214 E. Maine Street Round Rock, TX 78664 NATIONAL ASSOCIATION Our customer Dorsett Construction has been doing business with our Bank for a number of years. During this time we have been providing loans on a secured basis. (See attached financing statement and security agreement). At this time, Texas Commerce Bank - Austin wants to begin, under the rights of the se- curity agreement, to have all future payments of draws made payable to both Dorsett Construction, Inc. and Texas Commerce Bank - Austin. These payments should be sent to the following address: Texas Commerce Bank - Austin P.O. Box 550 Austin, TX 78789 Attention: F. Gary Valdez January 12, 1982 700 Lavaca P.O. Box 550 Austin. texas 78789 512 476 -6611 I appreciate your cooperation and understanding in this matter. If you are in agreement with the payment procedure, please acknowledge the two copies of this letter which are attached, and return in the self- addressed envelope. In addition, please indicate the draws outstanding at this time. If you should have any additional questions regarding this matter please feel free to contact me. Sincerely, (17,i� F. Gary V dez Vice President City of Round Rock January 12, 1982 Page Two ACKNOWLEDGEMENT By: Date: Draws Outstanding and Owing: Date Due: LW2/51 C Teaaf eBank ce Ausnn METROPOLITAN BANKING City of Round Rock 214 E. Maine Street Round Rock, TX 78664 Dear Sirs: Our customer Dorsett Construction has been doing business with our Bank for a number of years. During this time we have been providing loans on a secured basis. (See attached financing statement and security agreement). At this time, Texas Commerce Bank - Austin wants to begin, under the rights of the se- curity agreement, to have all future payments of draws made payable to both Dorsett Construction, Inc. and Texas Commerce Bank - Austin. These payments should be sent to the following address: I appreciate your cooperation and understanding in this matter. If you are in agreement with the payment procedure, please acknowledge the two copies of this letter which are attached, and return in the self - addressed envelope. In addition, please indicate the draws outstanding at this time. If you should have any additional questions regarding this matter please feel free to contact me. Austin TEXAS COMMERCE BANK - AUSTIN NATIONAL ASSOCIATION Texas Commerce Bank- Austin P.O. Box 550 Austin, TX 78789 Attention: F. Gary Valdez January 12, 1982 Sincerely, F. Gary Valdez Vice President 700 Lavaca P.O. Box 550 Austin, Texas 78789 512 476-6611 City of Round Rock January 12, 1982 Page Two ACKNOWLEDGEMENT By: Date: Draws Outstanding and Owing: Date Due: LW2/51 Auu METROPOLITAN BANKING Dear Sirs: Amu" TEXAS COMMERCE BANK - AUSTIN City of Round Rock 214 E. Maine Street Round Rock, TX 78664 NATIONAL ASSOCIATION Our customer Dorsett Construction has been doing business with our Bank for a number of years. During this time we have been providing loans on a secured basis. (See attached financing statement and security agreement). At this time, Texas Commerce Bank- Austin wants to begin, under the rights of the se- curity agreement, to have all future payments of draws made payable to both Dorsett Construction, Inc. and Texas Commerce Bank - Austin. These payments should be sent to the following address: Texas Commerce Bank- Austin P.O. Box 550 Austin, TX 78789 Attention: F. Gary Valdez January 12, 1982 I appreciate your cooperation and understanding in this matter. If you are in agreement with the payment procedure, please acknowledge the two copies of this letter which are attached, and return in the self- addressed envelope. In addition, please indicate the draws outstanding at this time. 700 Lavaca P.O. Box 550 Austin. Texas 78789 50 476 -6611 If you should have any additional questions regarding this matter please feel free to contact me. Sincerely, F. Gary Valdez Vice President City of Round Rock January 12, 1982 Page Two ACKNOWLEDGEMENT By: Draws Outstanding and Owing: Date Due: LW2/51 Awrm Date: THE CAPITAL NATIONAL BANK IN AUSTIN SECURITY AGREEMENT — INVENTORY CONTRACT RIGHTS AND ACCOUNTS RECEIVABLE Dorsett Const. Co. Inc. (Name) 1706 Mesa Park Dr. Austin Williamson Texas 78664 (No. and Street) (Gin) (County) (Sorrel (ZIP Code) hereinafter called "Debtor.' and THE CAPITAL NATIONAL BANK IN AUSTIN, 114 Wes, 7th Street, Austin, Travis County. Texas. hereinafter called "Secured Party,' agree as follows: SECTION 1. CREATION OF SECURITY INTEREST an and Debtor nd paymen[ of all obhga[iom and indebtednes on s f the Debtor h Collateral c redPooly of described Section wha ever el kind 11 this Security a d whenever r however re wever (whetherhe etofore or hereafter) created or incurred, including but not limited to the obligations and indebtedness of Debtor to Secured Parry described in Seaton In of this Security Agreement. SECTION 11. COLLATERAL The Collateral of rhis Security Agreement is Inventory, including all goods, merchandise, raw materials, goods in proms, finished goods and other tangible personal property n wned or hereafter acquired by Debtor and held for sale or lease oy- furnished o o be furnished under contracts e of r s vice o sed or business, us consumed in Debtor's business, and all proceeds Thereof, well as all additions and accessions thereto, and in contract rights with respect thereto and proceeds thereof. Without limitation, the term Inventory includes Collateral of the fallowing description Any and all Accounts Receivables and /or inventory now in debtors possession or hereafter acquired. The Collateral of this Security Agreement also includes all Contract Rights of Debtor and Inventory relating thereto, as well as all Accounts of Debtor and proceeds thereof, whether now owned or hereafter acquired by Debtor. Strike if inapplicable: This is a purchase money security bareness and debtor will use funds advanced to purchase the collateral, or bank may disburse funds direct to the seller of the collateral, and to purchase insurance on the rollareral. SECTION 111, PAYMENT OBLIGATIONS OF DEBTOR (1) Debtor shall pay to Secured Parry any sum or due or which y become due pursuant t any promissory note or notes now or hereafter executed by Debtor to evidence Debtor indebtedness o t Secured Party, i c e o dance with he te H f such promissory o r notes and terms of o his Secdrhy Agreement as well as all other ' d n due and owing said Secured Parry, and any and all - ne renewals, h h . eafte bowing said Secured Patsy, whether evid by note, overdraft, draft, p11 otherwise. se. and any and d angemenrs, or extensions and said indebtedness, including but not limited to the following dmcribed pro son notes: DATE AMOUNT 4/16/79 $25,000.00 (2) Debtor shall account fully and faithfully to Secured Parry for p m manner fro disposition f he Collateral in any and shall Pay 0 1 turn r ov in c promptly h. negotiable instruments. drafts, assigned c p s o un or chattel paper all the proceeds from each sale to be applied to Debtor's indebtedness Secured Patty, subject of es e w her than cash, to m final payment or collection. Application E such proceeds indebtedness of Debtor shall be in the sole discretion of Secured Parry, provided such application of proceeds is made by Secured Parry in u reasonable manner. (3) Debtor shall pay ro Secured Parry on demand all expense and expendisures, including reamnable etorneys' fees and other legal expenses incurred n at he tot of t paid by Secured Parry in exercising or protecting its interests, rights and remedies under this Security Agreement, plus interest here t e en per cent (10.0) par (4) Debtor shall pay immediately, without notice, the a unpaid indebtedness of Debtor to Secured Parry whether created or incurred pursuant to rhis Security Agreement or otherwise, upon Debtor's defiler under Section V of this Security Agreement. SECTION IV. DEBTOR'S REPRESENTATIONS, WARRANTIES AND AGREEMENTS (11 All information , p u , pplied and s[ s made by Deb r r any financial, credit o accounting s ant o application for credit Prior to, contemporaneously with or subsequent to the execution of this Securiry Agreement are and shall be true, correct, complete, valid and genuine. (2) Mere No Financing Statement covering the Collateral o s proceeds is on file in any public office; except for the security interest granted to this Security Agreement, ere es no lien, security interest or encumbrance in or on the Collateral. (3) The office where Debror keeps its records concerning accounts and contract rights is (No. and Sorer) (City) (County) - (Stare/ (4) The Collateral shall remain in Debtor's possession or control at all times at Debtor's risk of loss and be kept et here Secured Parry y • p k ar any time, s except for ' ..posse removal connection in with its ordinary use or unless Debtor notifies Secured Party in writing and Secured consents Party consen in wising in advance of ns removal to another location. (5) Until default, Debtor may use the Collar ral in any lawful manner or inconsistent with this agreement or with the terms or conditions f any policy of i ry c .her and pr for , ro e n[ and ot rights may also sell the Collateral in the ordinary course of business. Secured Par security interest attach exce t alt proceeds of ales and orher dispositions of the Collateral. ec (0) Ar roe request of Secured Parry, Debtor will maintain a c special bank account w i t h Secured Party, over which Bank has he s o l e _powe F withdrawal. Upon Bank's demand, Debtor will depo " upon receipt all checks. drafts, u s cash, and other payments pursuant ro Debtor's 's Cot a Righ s. Debtor for Invenrory sold, o in payment or on a cnunr of Debtor' Accounss. Ar least once a week. Bank will apple the whole or part of the funds on deposit in t the special account against he principal or in or both of loans made der this agreement. Bank may drermine the order and method f such application Any porrion of funds on deposit in the special account hich Bank elects n to m o apply may be paid over by Bank to Debtor. (b) Debtor ill a e all t keep accurate m and coplere records of the Inventory and Bank may Call at Debtor's place of business at intervals, and without hindrance r delay. inspect the inventory and inspect, audit. check and make extracts from the books, records. journals, orders. receipts, coo espondere, and other data relating to borrowers Inventory, Contract Rights or Accounts, or to any other transaction between Bank and Debtor. (c) A sale in the ordinary course of business does nor include a transfer in partial or tal snrisfaction of a debt. Until default, Debtor may also use and consume any raw materials or supplies- the use and coosumprion of which are necessary to carry on Debtors business. (6) Debtor will promptly notify Secured Parry in i ting f any addition to, change i o discontinuance of: (a) its address s shown at the beginning of this Security Agreement; (b) the location of it chief place of business as set forth in this Security Agreement; and (0) the location of the office where it keeps its records as set forth in this Security Agreement. Secured Party its option pan prior ro an y yn en all d s hall c be r the so le s judge af the ents tort the thereof and he a amount Debtor's failure to t discharge ta ar s s a pay any o the Such payment shall b part f r ise indebtedness d b his agreement and hall v be paid to Secured Peres by Debtor immediately and wirhourr d emand, with interest the at the rare of ten per cern (10 %) per annum. en (8) Debto will have d tai insurance a all with pro e v ro all Collateral against risks of five theft and such other ririsks Secured Parry may require, i cludins x .maintain age and i h case of motor chicle,. including collision rage. Such insurance policies shall such terms, be a form, for period a be written by copaojes s isfctory Secured P rty. Such v i u e policies m ,hall Iso contain a s tandard mortgagee's endorsement iding for payment of y loss to Secured Patty. All policies of insurance shall provide for ten days written minimum cancellation notice to Secured Party. Debtor shall furnish Secured Parry evidence of rompliance with he foregoing ace provisions. Secured Pars y or in y for the Debtor obtaining, adjauing, settling and cancelling such insurance and - endorsing any drafs drawn by n- surers of the Collatera as l. Secured Parry may apply any proceeds of such insurance which may be received by 11 in payment 00 account of the obliga- tions secured hereby, whether due or not. (9) Debtor shall, ar his own expense, do, make, procure, execure and deliver II acts, things at any time request to prof u n r0 or enforce i , rights and remedies creared by, provided w in � an tiw or .1,1 emanating from , Security Agreement. (10) Debtor shall r lend, , leas rDebtor interests, dispose f he Collar rat any ins therein a rep[ authorized in this Security Agre n [ ing by Secured Parry, and otherwise keep the Collateral, ludiog the proceeds z ds thereof, free from unpaid charges. includig and from liens, encumbrances and security interests other than that of Secured Pasty. (1I ) Debtor t shall sign and execute alone o with Secured Party any Financing Statement or other document or procure any document and pay all connected rs c , necessary to protect the security interest under this Security Agreement against the rights or interests of third Persons. and c (12) ercmo shall atCalladr draws a 0 the Collateral and its proceeds separate and disrincr from other property a Debtor and shall keep accurate (13) Debtor i the owner of the Callareral or has written authorization from the owner to grant Secured Party a security interest in the Collateral- If Debtor is not the owner, [hen such written authorization is attached hereto. (14) If part of the Collateral herein is Accounts, Debtor represents, warrants and agrem with respect to each such Account char: (a) The Account arose from the performance of services by Debtor which have been fully and satisfactorily performed ot from the ab- lute sale of goods by Debtor i n e w t which Debtor had the sole and o ple an¢ no hip, and the goods have been shipped or delivered the Account Debtor, evidencing which, Debtor or Secured Parry has pnsessfon of shipping and delivery receipts. (b) The Account is nor subject to any prior or subsequent assignment, claim, lien or security interest other than that of Secured Patty. (c) The Account is not subject to set off, countercLaim, defense, allowance r ad)us me other than discounts for prompt payment shown on the invoice, to t dispute, objection o complaint by the Account Debtor concerning n r g his liability on the Account, and the goods, the sale of u which gave re to the Account, have not been returned, rejecred, lost or damaged. of Account (d) oh has Accounr received by t h e orrdinary course of Debtors business, and no notice of bankruptcy, insolvency, r financial embarrassment SECTION V. EVENTS OF DEFAULT Debtor shall be in default under this Security Agreement upon the happening of any of the following events or conditions (herein called an "Event of Default'): (1) Debtor's failure to pay when due any indebtedness secured by this Security Agreemenr, either principal or interest. Security Agreement Default b1' any in the punctual performance of any of the obligations, covens terms or provisions contained or referred o m this or note secured hereby. (3) Any warrant, representation, or statement contained t this Security Agreement o made furnished to Secured Party by o on behalf of Debtor in connection with this Security Agreement or 00 induce Secured Party to make a loan to Debtor proves to have been false in any respect when made or furnished. (4) Loss, theft, subsmnrial damage, desrrucrion, ale (e rent as au horized i this Security Agreement) or encumbrance to or of any of the Cullareral, or the making of any levy s cure or attachment thereof or [hereon. (5) Debtor's death, dissolution, termination of e n insolvency or business failure; the appointment of a of all o any pare of the property of Debro; an assignment for she benefit of creditors hy Debtor: the calling of a meeting of creditors f D ebtor; or the commencement of any Proceeding any bankruptcy or insolvency laws by or against Debtor o any guarantor, surety o r endorser for Debtor. (6) Any statement of the financial condition of Debtor or of any guarantor, surety or endorser of any liability of Debtor to Secured Party submitted to Secured Parry by Debtor or any such guarantor, surety or endorser proves to be false. Secured Pare deem sho a any time be f the opinion that the Collateral is sufficient or has declined o y decline in value, or should r Secured Party, and of De blhg ono, furnish uSecuddrrinnarl s e Parry s to be [ insecure, T Secured Party may call for additional Collateral ri d Sec ri y forthwith. The call for additional riry may be 0001 by relegram or by Unired States ail addressed r the address of Debror shown a t he beginning f this agreement. If Secured Parry makes such all for dditional Collateral and Debtor fails to furnish such additional security, Then Secured Party may declare .Debtor to be in default under this Security Agreement. SECTION VI. SECURED PARTY'S RIGHTS AND REMEDIES A. RIGHTS EXCLUSIVE OF DEFAULT (1) This Security Agreement, Secured Parry's rights hereunder or the indebtedness hereby secured may be assigned from time to time, d in any such c ¢ the Assignee hall be entitled to all of the rights. Privileges and r ¢dies graced in ed r 01115 nr 1s Security Agreeme to Secured Parry, an Debtor will and no claims or defenses he may have against Secured Party against the Assignee, mom, [base granted to this Security Agreement. i ) o the Secured Colla oral, and Debtor y shall assist Secured Party in making any such premises maki in to inspect the Collateral and Debtor's books and records pet- tam s t sits[ inspection. (3) Secured Party may execute, sign, endorse, transfer or deliver in the of Debtor. n checks, drafts, a other instruments for the pay• menr of money and receipts, certificates of origin, applications for errificaes of title or any other documents. necessary to evidence, perfect or realize st upon the security intere andobligarlon created by this Security Agreement. (4) Ar in °Prior, Secured Parry m y discharge taxes, liens o security i n inter sn [her encumbrances at y time levied or placed o the Collateral, may pay for the insurance n the Collateral and pay or maintenance mint nce and preservarron f the Collate en Collateral. Debtor gre ro reimburse Secured Party On demand (10%) for payment mad or expense incurred by Secured Parry pursuant to the foregoing authorization, plus interest thereon at the rate Seared Parry may n 'fy the tit debmrs o obligors f harel paper, negotiable insetumenn or other evidences of indeb- [odors, rerouted by Debtor to Secured Pa ny as proceeds r to pa)• Sec v Parsy directly. (6) Secured Parry may at any time demand, sue for, roller[ or make 001 compromise or settlement with reference to the Collateral as Secured Parry, in its sole discretion, chooses. B. RIGHTS IN EVENT OF DEFAULT -- (1) Upon the occurrence of Event of Default. or if Secured Parr' deems paYmenr f Debtor's s r's obligatio Secured Parer to be in re, and a any time [hereafter Secured Parry mac declare all obligations secured hereby immediately due and payable and shall have the rights and ¢dies of a Secured Parry der the Uniform Commercial Code of Texas. including without limitation thereto. the right to sell, lease or otherwise dispose of any or all of the Collateral and the right to rake possession of the Collateral. and for that purpose Secured Party may enter upon any premises on which the Collateral or y part thereof may he s ¢ re u reed and remove the n, therefrom. Secured Party y require Debtor [ assemble he Collateral and make i available to Secured Pasty a a place to he designated by Secured Parry which is rr nably convenient ien to both parries. Unless he Collateral perishable threatens r o s[ decline speedily in value s of a type t a customarily old on recognized marker, Secured Parry will send Debtor reasonable r of the time and place of any public sale hereof T or f the r afrer which any private sale o her disposition hereof i n be made. The requ ¢ requirement of sending reasonable n site hall be r if such n is mailed, postage prepaid, to Debtor the address de . 'n o , c signaled or the beginning f this S ecurity Agreement rleast five days before the time retaking, of the sale or disposition. Expenses of re holding, pre- paring for sale, selling or the like shall include Secured Parry's r able e r revs' fees d legal expenses, and Debtor agrees to pay such expenses, plus inreresr thereon at the rare of ten per cent (10%0) per annum Debtor shall remain liable for any deficiency. (2) Secured Party easy remedy any default and may waive any default without waiving the default remedied or without waiving any other 70100 or subsequent 4,100!,. (3) The remedies of Secured Party hermoder comularive, and the exercise of any one or more of the remedies provided for herein shall not be construed as a waiver of any of the other remedies of Secured Party. SECTION VII. ADDITIONAL AGREEMENTS (1) The r t "Debtor" as used in n this instrument shall be c rrued m singular or plural so sets respond with the number of persons executing The pronouns used i his it , rum r are in the masculine gender bur shall c be construed as feminine or m instrument e u may require, re y d Party" and "Debtor st as used in this inrument include the heirs, executors or administrators, success es , reprenrat yes, re ceivers, trustees and assigns of those parties. (2) If more Than one person executes this instrument as Debtor. -their obligations under this instrument shall be (aim and several. (3) The section headings appearing in this imtrument have been inse.ed for convenience o only and shall be given n bstantive meaning or ig,fic ace w ter in are used ng with the Tr o dthis instrument. re u Terms used in this insrrumenr which are defined in the Texas Uniform (4) The law governing this secured transaction shall therein that of the State of Texas in force at the date of this instrument. EXECUTED this 16th day of April is 79 BY: THE CAPITAL NATIONAL BANK IN AUSTIN AU AUSTIN, TEXAS— SECURED PARTY F. Gary Valdez, Ass t. Vice -Press Dors tt.Co t. Co., c. (� ) h ) k David L. Dorsett DEBTOR This Financing Statement covers the followhtg types (or items) of oparty. ARNING1 If collateral 1s crops, fixtures timber or minerals, ad Instructions on Check only if applicable - , - . \ Number of additional sheets presented ❑ This Financing Statement is to be filed for record in dte,real estate records. _ _ ❑ Products of collateral ore covered. 6. This Statement is signed by the Secured Party instead of. the Debtor to perfect a security interest in collateral .._ (Please check - ❑ olreody subiact to at security Interest In another lucu liar n when It was brought Into the state. or when the debtor's location was changed to this appropriate box) tare. ' o ❑ already subject to a finaztng statement filed in another county. 0 which is praeeds of Ow origtrtal collateral described above in wh'ah a recur ry Interest was perfected. or ,' Ol'as to ed t tc change Mfl g l pled A ❑ oca +ed I of name, identity or carpe ate stnatu o1 the debar By / 6 L. MLI w 1 hichever signature ine is ap L+ IL1� By Signature s) of Debtor(s) ., (2) Filing Officer Copy — Acknowledgment STANDARD FORM — FORM UCC-1 (REV. 6- 19 -75) APPROVED By SECRETARY OF STATE OF TEXAS gnoture( fof Secured Party(,ies) 101 ODEE COMPANY, DALLAS, TEXAS 752 +0 R l . Debtor(s) Nome and Mailin . not atiMrmte).. ... i eit Cons Mesa FAA ;TPexas 70664 , 2. Secured Party(ies) Nome and Address: Afi CAPITACi AUONAL LANK } art 002 550 LARRY L. TONN Mayor MIKE ROBINSON Mayor Pro-tern COUNCIL MEMBERS MIKE HEILIGENSTEIN GRAHAM HOWELL PETE CORREA JOE BAKER TRUDY L. LEE BOB BENNETT City Manager STEPHAN L. SHEETS City Attorney RANDY E. DREWETT Municipal Judge THE CITY OF ROUND ROCK 214 E. Main St. • AC 512.255-3612 • Round Rock, Texas 78864 Dorsett Construction, Inc. 1000 -A Prairie Trail Austin, Texas 78758 Dear Sir: Enc. "GOOD LIVING WITH A PROUD HERITAGE" July 20, 1981 Enclosed please find two (2) signed original contracts between the City of Round Rock and Dorsett Construction, Inc. Please have the necessary person sign on behalf of your company and then forward one (1) executed contract back to this office for our files. Thank you for your consideration in this matter. Sincerely, Joanne Land City Secretary City of Round Rock LARRY L TORN Mayor MIKE ROBINSON Mayor Pro-tem COUNCIL MEMBERS MIKE HEILIGENSTEIN GRAHAM HOWELL PETE CORREA JOE BAKER TRUDY L. LEE BOB BENNETT Cily Manager STEPHAN L. SHEETS City Allorney RANDY E. DREWETT Municipal Judge THE CITY OF ROUND ROCK 214 E. Main St. • AC 512. 255.3612 • Round Rock, Texas 78664 Attachment "GOOD LIVING WITH A PROUD HERITAGE" Mr. James A. Bannerot Attorney At Law 3636 Bee Cave Road, Suite 14 Austin, Texas 78746 February 3, 1982 Dear Mr. Bannerot: Enclosed please find a copy of the contract between the City of Round Rock and Dorsett Construction, Inc. and also attached is a copy of the performance bond and payment bond. If any further information is needed, I will try to help see that you receive it in a timely manner. Sincerely, ia4A Joanne Land City Secretary RELIANCE INSURANCE COMPANY HEAD OFFICE, PHILADELPHIA, PENNSYLVANIA POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That the RELIANCE INSURANCE COMPANY, a corporation duly organized under the laws of the State of Pennsylvania, does hereby make, constitute and appoint H. A. Gibson, Joe Bruc Robert D. White, W. Lawrence Brown, Janice G. Correy, Dorothy Valek and William D. Baldwin, individually, of Dallas, Texas its true and lawful Attorney -in - Fact, to make, execute, seal and deliver for and on its behalf, and as its act and deed any and all bonds and undertakings of Suretyship, ad to bind the RELIANCE INSURANCE COMPANY thereby as fully and to the same extent as if such bonds and undertakings and other writings obligatory in the nature thereof were signed by an Executive Officer of the RELIANCE INSURANCE COMPANY and sealed and attested by one other of such officers, and hereby ratifies and confirms all that its said Attorney(s) -in -Fact may do in pursuance hereof. This Power of Attorney is granted under and by authority of Article VII of the By -Laws of RELIANCE INSURANCE COMPANY which became effective September 7, 1978, which provisions are now in full force and effect, reading as follows: 1. The Board of Directors, the President, the Chairman of the Board, any Senior Vice President, any Vice President or Assistant Vice President or other officer designated by the Board of Directors shall have power and authority to (al appoint Attorneys -in -Fact and to authorize them to execute on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof, and (bl to remove any such Attorney -in -Fact at any time and revoke the power and authority given to him. 2. Attorneys -in -Fact shall have power and authority, subject to the terms and limitations of the power of attorney issued to them, to execute and deliver on behalf of the Company, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The corporate seal is not necessary for the validity of any bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. 3. Attorneys -in -Fact shall have power and authority to execute affidavits required to be attached to bonds, recognizances, contracts of indem- nity or other conditional or obligatory undertakings and they shall also have power and authority to certify the financial statement of the Company and to copies of the By -Laws of the Company or any article or section thereof. This power of attorney is signed and sealed by facsimile under and by authority of the following Resolution adopted by the Board of Directors of RELIANCE INSURANCE COMPANY at a meeting held on the 5th day of June, 1979, at which a quorum was present, and said Resolution has not been amended or repealed: "Resolved, that the signatures of such directors and officers and the seal of the Company may be affixed to any such power of attorney or any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such facsimile signatures or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached." Asst. IN WITNESS WHEREOF, the RELIANCE INSURANCE COMPANY has caused these presents to be signed by its Vice President, and its corporate seal to be hereto affixed, this 10th day of September 19 80. STATE OF Pennsylvania couNTY OF Philadelphia On this 10th day of September Asst. to me known to be the Vice - President of the RELIANCE INSURANCE COMPANY, and acknowledged that he executed and attested the foregoing instrument and affixed the seal of said corporation thereto, and that Article VII, Section 1, 2, and 3 of the By -Laws of said Company and the Resolu- tion, set forth therein, are still in full force. My Commission Expires: MDR-1431 Ed. 6/79 May 7 .19 84 ARTICLE VII — EXECUTION OF BONDS AND UNDERTAKINGS , 19 8Q personally appeared Andrew J. Ruck Notary Public in and for State of Pennsylvania Residing at Philadelphia 1, P. D. Crossetta , Assistant Secretary of the RELIANCE INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attar ,4g te by said RELIANCE INSURANCE COMPANY, which is still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand an RELIAN INS r ANCE COMPANY Asst. Vice President Assistant Secretary said Company this 21st day of Su 1981. GAY NOR KENDALL GIRSON 0. RANDLE HOWELL M. FINCH JOE O5eoRN TERRENCE KENDALL ED AULER City of Round Rock 214 West Main Round Rock, Texas 78664 Dorsett Construction, Inc. 10220 Metropolitan Austin, Texas 70758 Reliance Insurance Company c/o Midwest Bond Claims P. O. Box 833 Shawnee Mission, Kansas 66201 HF:es cc: Austin Hardware Company KENDALL, RANDLE, FINCH & OSBORN ATTORN EN'S AT Law 1700 AUSTIN NATIONAL BANK TOWER AUSTIN, TEXAS 78701 February 11, 1982 Attention: Mike Hudson Re: Central Fire Station, Round Rock, Texas Gentlemen: This firm represents Austin Hardware Company. Our client has furnished to City of Round Rock certain materials and labor, generally described as signage and flagpole. The items were furnished on or about November 9, 1981 and December 14, 1981, and were for improvement of the property above described. Payment for items furnished by our client has not been received and remains due in the amount of $1,400.00. Payment should be sent in care of this office to assure proper credit. Very,truly yours, Howell Finch 478-7252 AREA CODE 518 KENDALL, RANDLE, FINCH & OSBORN ATTORNEYS AT LAW 1700 AuSrIN NAriONAL BANK TOWER AUSTIN, TEXAS 78701 RETURN RECEIPT REQUESTED City of Round Rock 214 West Main Round Rock, Texas 78664 471764 13 1 0- 0 w,e