R-83-537 - 8/11/1983AGREEMENT
THE STATE OF TEXAS
COUNTY OF WILLIAMS 1. t •
That this Agreement made and entered into this 1s} day Of September ,
A.D.,, .19 , by and between the CITY OF ROUND ROCK, .TEXAS, its Mayor, First
Party, h'iTeTnafter termed the Owner, and Pool & Rogers Paving Company
County Of Travis
of the City of Buda Second Party, hereinafter termed the Contrac-
State of Texas
- tor_
KNOr: ALL KET1 BY THESE PRESENTS
WITNESSETH: That for and in consideration of the paya•entsrand(agnee),ntS-
• hereinafter mentioned to-be made and performed by said
.-;id Second Party (Contractor) hereby agrees with the First Party to commence
and complete the Construction of certain improvements at t e priCe s e t f
'he Contractor's Proposal dated August 11 1983
described as follows;
.....-12.83 Street Imorovemen?_
The Contractor shall perform all Work shown on the Plans and described in
the Specifications and shall meet all requirements of this Agreement; the Gene -.
ral and Special Conditions of the Contract; and such Orders and Agreements for -
Extra Work as may subsequently be entered by the above named parties to this
Agreement. . .
The Contractor hereby agrees to commence work under this contract within 1;rs
_ consecutive calendar days after award of contract h a n d r sh a ll c au s e c w o rk to ed pr
• tress in ? manner satisfactory to the Owner.
fullby September 30, 1983. _ .
The Gwner agrees to pay the Contractor in current funds, and to make pay-
ments on account, for the performance of the work in accordance with the Con-
tract, .at the prices set forth in the Contractors Proposal, subject to addi-
tions and deductions, all as provided in the General Conditions the Agree-
• rant. .
- The follo:,•ing documents, ;: with
ahisfAgreeientepeated comprise e t he l Con-
tract, and t are as fully a P _
The Invit<tion to Bidders The Special Conditions of Agreement
The Instructions to Bidders The Technical Specifications
The Proposal ?rd i;idding Sheets Addenda •
The Performance :nr1 Payment Bonds The Change Orders
The General Con6iti ons of •
• Agreement •
DRn_1
AGgEEMENT (CO7f[II:UE
IN WITNESS WHEREOF the Parties to these - presents have executed this
-"Agreement in the year and day first above written..
•
CITY OF ROU
By
Mayo
ontractor
• B %•
CK; T WHER
ATTEST:
pan-2
Contractors Proposal A
Sealcoat Project
City of Round Rock, Texas
214 E. Main Street
Round Rock, Texas 78664
Gentlemen:
Pursuant to the :Invitation and - Instructions to Bidders for the 1983
Contract Street Maintenance Program, the undersigned hereby proposes to
furnish all labor superintendence equipment, material (except those furnished
by owner), insurance and incidentals required to perform the Mork in accord-
ance with the plans and specifications for the following prices:
Unit Price
(Unit (Inanity Description (Words) .the= Price Total Amount
r S.Y. 40,000 Street Seat - .'c Dollars e, ,a;hpo,ao
coat (Rock to and cen ?+
be furnished
by owner) (s 4 " ° .
TOTAL of B1»
The owner mill act on this contract award on August 11, 1983. If this proposal
• is accepted, the undersigned agrees to execute the contract and provide neces-
• sary bonds and insurance certification on or before August 21, 1983 and commerce
work within 15 days thereafter. The undersinged further agrees to complete the -
work in full prior to September 30, 1983.
The undersigned certifies that-the bid prices contained in the proposal
have been carefully checked and are submitted as correct and final. The owner
reserves the right to reject any or all bids and may waive any informalities.
- wvoL„, 4,,,, 74.. Resp 01 Sulnmitted, -
Address
:71- ZoF2,- -204 t_
Telephone
Author fLed `Signature
Title
For
•
10 :00 a.m.
August 11, 1983
F lame of .Fi
City of Round Rock, Texas
214 E. Main Street
Round Rock, Texas 78664
Gentlemen:
-Alear ".7.41142D
Address
b -7t _ 7e . - ..
Telephone
Contractors Proposal B
- Overlay Project --
Respe lly Su itted,
Aut or�d ignature
10:00 a.m.
August 11; 1983
Pursuant to the:Invitation and' Instructions to Bidders for the 1983
Contract Street Maintenance Program, the undersigned hereby proposes to
furnish all labor superintendence equipment, material (except those furnished
by owner), insurance and incidentals required to perform the work in accord-
ance with the plans and specifications for the following prices:
Unit Price
Unit Quanity Description (Words) Unit Price Total Amount
•
I � F-
r?-7/7e0 Hsu
S.Y. 14,000 1" Asp%alt a..e Dollars _ L
Overlay ndcents
TOTAL of .BID
,✓
The owner will act on this contract award on August 11, 1983. If this proposal
is accei:_ed, the undersigned agrees to execute the contract and provide neces-
sary bc;is and insurance certification on or before August 21, 1983 and commerce
work within 15 days thereafter. The undersinged further agrees to complete the
work in full prior to September 30, 1983.
The undersigned certifies that the bid prices contained in the proposal
have been carefully checked and are submitted as correct and final. The owner
reserves the right to reject any or all bids and may waive any informalities..
Title
For:
f n
7 e , JLd fYc .
? {ame orhir m 7
City of Round Rock, Texas
214 E. Main Street
Round Rock, Texas 78664
Gentlemen:
Pursuant to the Invitation and Instructions to Bidders for the 1983
Contract Street Maintenance Program, the undersigned hereby proposes to
furnish all labor superintendence equipment, material (except those furnished
by owner), insurance and incidentals required to perform the work in accord-
ance with the plans and specifications for the following prices:
Unit Price
Item Unit Quanity Description (Words) Unit Price Total Amount
1 S.Y. 40,000 Street Seat - ,✓o Dollars
coat (Rock to and cents 73/ zs, Lam, °
be furnished (se,.- -Y)
by owner)
2 S.Y. 14,000 1" Asphalt o Dollars ,, 96 , z7 e ¢¢a!,o v
overlay and,,;,,1_,; cents
The owner will act on this contract award on August I1, 1983. If this proposal
is accepted, the undersigned agrees to execute the contract and provide neces-
sary bonds and insurance certification on or before August 21, 1983 and commerce
work within 15 days thereafter. The undersinged further agrees to complete the
work in full prior to September 30, 1983.
The undersigned certifies that the bid prices contained in the proposal
have been carefully checked and are submitted as correct and final. The owner
reserves the right to reject any or all bids and may waive any informalities.
Address
—7..Ci —Loa's
Tel
d
,BuL. v%r
Contractors Proposal C
Sealcoat & Overlay Combined
�CLia
10:00 a.m.
August 11, 1983
TOTAL of BID �.57 6ste,
Resp ulS bmitted,
Au horized Signature
Title
For:
/, v" �— , CCU
Name of Firm
). BOND 092- 0120 - 11462 -8
• THE STATE OF T EY.AS KNOk' ALL t +EN BY THESE PRESEt1TS
• COUNTY OF WILLIAMSON 1 of the
THAT, Poot 8 Roger.e Paving Co., Inc., 20025 10 35 Buda 78610
State 8010 Texas
City of , County of 7 ' v
• d ¢ Saes F.ideLLt 8 Guanawt Com an on bonds for as hor da n dem' here -
authorized un the n it ly bound unto the City of Round Rock, Texas,
inaft c a, are HElC• COUNTY TEXAS (owner), in the penal
i called THE CITY, COUNTY OF 4lIL to " Dollars ($56.fz4QQ ..
of F.i.$•ty Six Thoueand Six Hundred F°nt and N° 100 bind themselves, znd their
the payment i s t rat o the -.cud Ps, Successors Surety assigns jointly and severally,
heirs, zdministrators, executors,
by these presents: •
19 n 3 to which contract 4 ;HEP.zAS; the Principal has entered into a certain written contract with the
1st day of September and t the which c as
Owner, by a err fu ly
is aereby referred to and made a pzrt h ereo as
if copies at length herein consisting of:
1983 Sticeet.Imphovemenxh Pn °.xam
NON THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Prin-
perform said contract and shall, in all respects, duly
conditions
tidal shall faithfully bs D th Principal
and faithfully observe by perform all and andreovenanted�bys�
and agreements in and by said Contract, agreed the repair of any
to be observed and performed, including but not limited to,
and resulting from defects swinkmaterr-
end all defects by said work h o f , occasioned by c ipa of twelve months from the date
' ials furnished by or workmanship of, the Principal in performing
o f by said Contract and occurring within a period and the c and
of ter Contract Completion Certificate and and conditions,
acct Ong to the true intent -and meaning
Spec ..icatians hereto annexed, then remain in full force and effect.
PROVIDED, HO',1E \'ER, that this : d is executed pursuant to the provisions of.:
ondsalt l is said
Ar tie scln t his b ths�beddeterminStatutes di accordance with theeprovi all ifbs d
• es le this band shall to the same extent as if it were cop length herein.
Article copies at leng • extension o`
' Surety, for value received, stipulates and agrees that no change, 'n the time, alteration or addition to the terms of the contract, or to the work pro-
formed thereunder, Sta plans, specifications, thisdbondn andcitmdoes hereby no
same, notice o shall in o anywise
any my ieffect such change, its extension of time, alteration or addition to
• the terms of the contract, cr to the work to be performed thereunder.'
•
PERFORMANCE BOND
- onn -1
10 WITNESS WHEREOF, the said Pr 19 g Principal and Surety have signed and sealed'
this i this 1_ e#
day of S
United Status it
it/(1. iIIIIJI
Pool S RageA6 Paving 0.,Ine. Suret .
By X
7i tier
Princlpa
20025 IH 35
Buda Texco 78610
The name and address of the Resident Agent of'Surety is
. Stokes g Seakeey Agency, Inc.
.150 Fot Rivertside Dn.i.ve Suite 501 A
Address
By
Mercy Git
.Title Attache n -Fad
Address 150 E. Rcvenzide Dhive #501
. A.
nn n_n
BOND 492- 0.120- 11462434
1 HE STATE OF TEXAS 1
COUNTY OF ?ILLIAMSON Q
THAT, Pool 6 Rog vus Paving Co., Inc.,
ev x
Tit1eK
. Address 20025 IN 35
B " a Texas 78610
The name and address of
Stokes 6 Seancey Agency,
150 East
PAYMENT BOND
Inc.
KNOT! ALL t•EH BY THESE PRESENTS
20025 111 35
the City o
---� and'State
ounty of TnaviA �, y 6 Guanant Company on on s or
and the a exas to act as surety
as arr , hereinafter
bound unto THE CITY OF in RO'UNe ROCK, sum in
authorized under the ►ar:s o the State o (OWNER),
ca principals, are held and OF R of
Dollars,( 56,640.00 )
Fi. t l THE CITY, COUNTY OF kiLLI and 51 b themselves, 56,640.00 an
payment Six whereof, the forty an , urety Six or the nt str
the sai� Principe assigns, jointly and
administrators, executors, successors and ass�g
- :their heirs, Bents: . . -
I:' tract has entered
1st d ay of Se
eferred to and mad
at length herein.
RE, THE CONDITION OF
pay all claimants s
the prosecution
shall be void; other
HOWEVER, that this bo
5160 of the Revised Ci
this bond shall be det
le to the same exten
for value received,.st
alteration or addition
thereunder, or the ply
1 in anywise affect
ice of z�' :' such than
of the {. : Ztract;.or
WITNESS WHEREOF, hd
•
trumert this
•
g eN, Paving Co. , lac. • Principe
0
Buda
Texas
s ,.rally, by these Are
ed into a certain writ-_.1 &antra whith contract : :ii RE the teinbeh. u y , and to the same ext as.
is her dated apart ereof as
is hereby r ' .
if copies a THAT IF THE SAID Prin-
THIS OBLIGATION IS SUCH, this
NOW NOW l sh supplying labor and material to him or atsubcon
tract shall the work provided for in said contract,
tractor in tion of Wise to remain in full force and effect;
obliga� ion to the
provisions of
a nd is executed pursuant
PROVIDED, vil Statutes of Texas as amended and all liabili
ermined in accordance With the provisions of and
Article 51 copied at length herein.
tie on th t as if it were coP
said Article extension of
ipulates and agrees that no change, work per-
time, f to the terms of the contract, accompanying the the
formed alt s, specifications or drawings it does hereby •
sorted th its obligation on this bond,
same shot change, extension of time, alteration or addition to'
waive rot to the Work to be performed thereunder.
the tears have signed and sealed
• said .Principal and Surety lg 83
IN 4 Sep�embe+
this Ins
ay of
United States
FidePty 6 Guartawty Company
Surety
Aus�.i -n 'T 78 04
the Resident Agent of Surety is:
Suite 501
CERTIFIED COPY
GENERAL POWER OF ATTORNEY
No 91758
Know aU Men by theft Presents:
That UNITED STATES FIDELITY AND GUARANTY COMPANY, a corporation organized and existing under the laws of the
State of Maryland, and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint
Mercy Gil
of the City of Austin , State of Texas
its true and lawful attorney in and for the State of Texas
for the following purposes, to wit:
To sign its name as surety to, and to execute, seal and acknowledge any and all bonds, and to respectively do and perform any and
all acts and things set forth in the resolution of the Board of Directors of the said UNITED STATES FIDELITY AND GUARANTY
COMPANY, a certified copy of which is hereto annexed and made a part of this Power of Attorney; and the said UNITED STATES
FIDELITY AND GUARANTY COMPANY, through us, its Board of Directors, hereby ratifies and conforms all and whatsoever the said
Mercy Gil
may lawfully do in the premises by virtue of these presents.
In Witness Whereof, the said UNITED STATES FIDELITY AND GUARANTY COMPANY has caused this instrument to be
sealed with its corporate Beal, duly attested by the signatures of its Vice- President and Assistant Secretary, this 1 t day of
May , A. D.19 81
UNITED STATES FIDELITY AND GUARANTY COMPANY.
(SEAL)
STATE OF MARYLAND,
BALTIMORE CITY,
} w:
(Signed) By James D. Rector
(Signed)
Robert G. Bruce
Yice•President.
Assistant Secretary.
On this 1st d o f May , A. D. 19 , before me personally came
James D. Rector , Vice.President of the UNITED STATES FIDELITY AND GUARANTY
COMPANY and Robert G. Bruce , Assistant Secretary of said Company, with both of
whom I am personally acquainted, who being by me severally duly sworn, said that they, the said James D. Rector
and Robert G. Bruce were respectively the Vice. President and the Assistant Secretary of the said UNITED
STATES FIDELITY AND GUARANTY COMPANY, the corporation described in and which executed the foregoing Power of Attorney;
that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal, that it was
so fixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice-President
and Assistant Secretary, respectively, of the Company.
My commission expires the first day in July, A. D. 19 82
(SEAL) (Signed)
STATE OF MARYLAND 7
BALTIMORE CITY, Set.
I, Charles W. Mackey, Jr. , Clerk of the Superior Court of Baltimore City, which Court is a
Court of Record, and has a seal, do hereby certify that Margaret M. Hurst , Esquire, before
whom the annexed affidavits were made, and who has thereto subscribed his name, was at the time of so doing a Notary Public of the
State of Maryland, in and for the City of Baltimore, duly commissioned and sworn and authorized by law to administer oaths and take
acknowledgment, or proof of deeds to be recorded therein. I further certify that I am acquainted with the handwriting of the said
Notary, and verily believe the signature to be his genuine signature.
la Testimorty Whereof, I hereto set my hand and affix the seal of the Superior Court of Baltimore City, the same being a Court
of Record, this 1 S t day of May ,A. D. 1981
(SEAL) Charles W. Mackey, Jr.
(Signed)
F5 3 (677)
Margaret M. Hurst
Notary Public.
Clerk of the Superior Court of Baltimore City.
Mercy Gil
COPY OF RESOLUTION
That Whereas, it is necessary for the effectual transaction of business that this Company appoint agents and attorneys with power
and authority to act for it and in its name in States other than Maryland. and in the Territories of the United States and in the Provinces
of the Dominion of Canada and in the Colony- of Newfoundland.
There /ore, be it Resolved, that this Company do. and it hereby does, authorize and empower its President or either of its Vice.
Presidents in conjunction with its Secretary or one of its Assistant Secretaries. under its corporate seal. to appoint any person or persons
as attorney or attorneys -in -fact. or agent or agents of said Company, in its name and as its act. to execute and deliver any and all con-
tracts guaranteeing the fidelity of persons holding positions of public or private trust. guaranteeing the performances of contracts other
than insurance policies and executing or guaranteeing bonds and undertakings. required or permitted in all actions or proceedings, or
by law allowed, and
Also, in its name and as its attorney or attorneys -in -fact, or agent or agents to execute and guarantee the conditions of any and all
bonds, recognizances, obligations. stipulations, undertakings or anything in the nature of either of the same, which are or may by law,
municipal or otherwise, or by any Statute of the United States or of any State or Territory of the United States or of the Provinces of the
Dominion of Canada or of the Colony of Newfoundland, or by the rules, regulations, orders. customs. practice or discretion of any board,
body, organization, office or officer, local, municipal or otherwise, be allowed, required or permitted to be executed. made, taken, given,
tendered, accepted, filed or recorded for the security or protection of. by or for any person or persons. corporation, body, office, interest,
municipality or other association or organization whatsoever, in any and all capacities whatsover, conditioned for the doing or not doing
of anything or any conditions which may be provided for in any such bond, recognizance, obligation, stipulation, or undertaking, or
anything in the nature of either of the same.
James M. Carroll , an Assistant Secretary of the UNITED STATES FIDELITY AND
GUARANTY COMPANY, do hereby certify that the foregoing is a full, true and correct copy of the original power of attorney given
by said Company to
of Austin, Texas , authorizing and empowering her to sign bonds as therein set
forth, which power of attorney has never been revoked and is still in full force and effect.
And 1 do further certify that said Power of Attorney was given in pursuance of a resolution adopted at a regular meeting of the
Board of Directors of said Company, duly called and held at the office of the Company in the City of Baltimore, on the llth day of
July, 1910, at which meeting a quorum of the Board of Directors was present, and that the foregoing is a true and correct copy of said
resolution, and the whole thereof as recorded in the minutes of said meeting.
In Testimony Whereof, 1 have hereunto net my hand and the seal of the UNITED STATES FIDELITY AND GUARANTY
COMPANY on September. 1, 1983
(Date)
Assistant Secretary.
B
THIS CERTIFICATE IS ISSUED AS A MATTER OF of FORMATIOI. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ALTER LIE COVERAGE AFFORDED HY THE POLICIES 115110 BELOW.
PERSONAL INJURY
$1,000
NAME AND ADDRESS OF AGENCY
STORES & SEARCEY AGENCY 1140.. 150 E RIVERSIDE DR. SW It 50.
AUSTIN, TEXAS 78704
PHONE 512-444-7466
NAME AND ADDRESS OF INSURED
Pool & Rogers Paving,Co., Inc.
20025 Ili 35
Buda, Texas 78610
LETTER • TYPEOF INtURANCE7
GENERAL LIABILITY
COMPREHENSIVE FORM
REMISES—OPERATIONS
EXPLOSION AND COLLAPSE
0 UNDERGROUND HAZARD
r 4 " 82VIA M H 1 A E R D O
(CONTRACTUAL INSURANCE
BROAD FORM PROPERTY
DANAGE
INDEPENDENT CONTRACTORS
PERSONAL INJURY
AUTOMOBILE LIABILITY
COMPREHENSIVE FORM
ED '
HIRED
EXCESS LIABILITY
UMERELLA 10R1/
OTHER THAN 1151017111
FORM
WORKERS COMPENSATION
and
El4N_CYERS' LIABILITY
OTHER
• DESCRIPTOR OF OPERA110552LOCAIIONSNLI11115
POLICY
OTC 12654
OTC 12654
XLB 1448566
7200824 82 8
PROJECT: 1983 STREET SEALCOAT PROGRAM
COMPANIES AFFORDING COVERAGES _
mm. A Fidelity & Guaranty Insurance
Underwriters, I nc.
COMPANY El' National Surety COrporation
forEr C
COMPANY D
COMPANY
TMs is to certify that policies of insurance listed below have been issued to the Insured named above and are In force 05 191 time. Notwithstanding any requirement, te m or condition
of ani contract or other document with respect to which this certificate may be issued o may pertain, the Insurance afforded by the policies described herein is subject to all the
terms, exclusions and conditions of such policies. .
NAME AND ADDRESS OF CERTIFICATE HOLDER
THE CITY OF ROUND ROCK
214 E. MAIN STREET -
ROUND ROCK, TEXAS 78664
: DATE
10/31/83
10/31/83
10/31/83
10/31/83
Limits of Liability In Thousands (000)
0051151 10)5551
PROPERTY DAMAGE
BODILY INJURY AND
PROPERTY DAMAGE
00501000
PROPERTY DAMAGE
BODILY INJURY AND
PROPERTY ['WAG!'
COMBINED
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
STATUTORY
EACH
OCCURRENCE
500
100
4500
$ 100
Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com-
pany will endeavor to mail 10 days written notice to the below named certificate holder, but failure to
mail such notice shall impose no obligation or liability of any kind upon the compz
SEPTEMB R li 1983
DATE ISSUED
Aumordno.FtEPREsENTATivt
WAYNE 0: SEARCEY
AGGREGATE
500
s
100
1,000
RESOLUTION N0. ./ J / "
WHEREAS, the City has duly advertised for bids for the
1983 Contract Street Maintenance Program, and
WHEREAS, ,tAAJ , submitted the lowest
and best bid, said bid being in the amount of $ , and
TEXAS
ATTEST:
WHEREAS, the council wishes to accept the bid of
�9 f or,(A/y , and to enter into a contract for the
street maintenance, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,
That the bid of I 1 /,(h,. , is hereby
accepted as the lowest and best bid, and the Mayor is hereby
authorized and di ected to execute on behalf of the City a
contract with i /}fz.4.) , for the 1983 street
maintenance program. jl
RESOLVED this llth day of Augu ,1983.
LAND, City Secretary
LARlir . Tw N'Ma;or
City of Round Rock, Texas
J4
�3 7 2 /913 4,Jet
ti