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R-93-07-20-9E - 7/20/1993CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE CONSTRUCTION OF June, 1993 1-iR FIDR Engineering, Inc. R- Q3a '7 SET NUMBER WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 1 AI:111:11a ; CERTIFICATE OF INSURANCE DATE(MM /DO , " "" 08/20/93 . PRODUCER RUBIOLA, BLAIR & ASSOCIATES, INC. P.O. BOX 100226 SAN ANTONIO TX 78201 - 1526 (210) 525 -0500 THIS CERTIFICATE I5 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE COMPANY A GENERAL INS. CO. OF AMERICA ( SAFECO) INSURED COR CONSTRUCTION CO. INC. P. O. BOX 460001 SAN ANTONIO TX 78246 I COMPANY B FIRST NAT'L INS CO OF AMERICA - SAFECO COMPANY C TEXAS WORKERS' COMP. INS. FUND COMPANY D ZURICH AMERICAN LLOYDS INSURANCE CO. COVERAG1;5 •„;: rr •?i' -.. .'a. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDTITONS OF SUCH POLICIES. UMRS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LJ TY^- G- :xser.:::CE POLICY HUMBER POLICY EFFECTIVE DATE (MMIDDA'Y) POUCYEXPIRATOH DATE (M WDOJYY) UNITS A GENERAL X LIABILITY COMMERCIAL GENERAL UABIUTY CP2270302 03/09/93 03/09/94 GENERAL AGGREGATE S 100000 PRODUCTS • COMP/OP AGG s 100000C PERSONAL& AW INJURY S 1000000 CLAIMS MADE © OCCUR EACH OCCURRENCE $ 1000000 X OWNER'S E. CONTRACTOR'S PROT FIRE DAMAGE (Any one Ere) S 50000 MEDEXP(Any one Person) S 500C B AUTOMOBILE X X X X IJABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON-OWNEDAUTOS BA2270302A 03/01/93 03/01/94 COMBINED SINGLE UMIT s 1000000 BODILY INJURY (Per person) S BODILY INJURY (Per accident 6 PROPERTY DAMAGE S GARAGE _ LMBIUTY ANY AUTO AUTO ONLY- EA ACCIDENT S OTHER THAN AUTO ONLY. EACH ACCIDENT S AGGREGATE S MESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE S AGGREGATE S S C WORKERS COMPENSATION EMPLOYERS LIABILITY THE PROPRIETOR/ PARTNERS/DECUTIVE OFFICERS ARE AND _ — INCL EXCL TSF11159700 05/14/93 05/14/94 I STATUTORY LIMITS EACHAC IDENr s 100000 DISEASE- POUCYUMIT S 50000C DISEASE• EACH EMPLOYEE S 10000C D OTHER BUILDERS RISK C000191 -N 08/20/93 08/20/94 COMPLETED VALUE $88,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS RE: WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS; CITY OF ROUND ROCK IS ADDED AS ADDITIONAL INSURED EAT.IFi - FEtrO. .,., .,.... ;, ;;:: _ ... CITY OF ROUND ROCK PUBLIC WORKS DEPT. 221 E. MAIN ROUND ROCK, TX 78664 GAK041,1„AtION .,, w .,.:.. :w.. . .,,, .. _..,.._ ............. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL $NBNOLCA(YIXMAIL .T-CL DAYS WWTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, NOSAIXOPI IXALI uoeraIKMI IONOMYaNxnttaWAD3i4eXteXW OUtX m ORIZEO cwBa»c WE)xn SXSE NBFxe$ UiQ E AcOAb25 -3 tapir.... ., ,,• r:.:...: <: =.s- .:.:. . ,.,77" A UIH AUTHORIZED F• FNTA III�I_ .µ :7,1 ••: . , , •' aCaAtS frioRA:460s4s l J" i 1 ha z 1 1 ADDENDUM NO. 1 CITY OF ROUND ROCK, TEXAS I WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS June 20, 1993 This Addendum modifies and amends the Contract Documents for the West Wastewater I Treatment Plant Sludge Pumping Improvements project of the City of Round Rock, Texas. The bid date for the project is scheduled on July 13, 1993. 1 DRAWINGS, SHEET C -2: 1 Install a 1" threaded tap on top of each tee on the suction header above pumps P- 01, P -02, and P -03. Install the following in each tap: a 2" long sch. 40 galvanized steel nipple and a bronze -body ball valve with stainless -steel ball and EPDM seals 1 (Apollo or approved equal). 1 1 1 1 1 1 1 END OF ADDENDUM NO. 1 1 1 CONTRACT DOCUMENTS AND SPECIFICATIONS FOR CONSTRUCTION OF WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS ROUND ROCK, TEXAS June, 1993 HDR ENGINEERING, INC. 3000 SOUTH IH -35, SUITE 400 AUSTIN, TEXAS 78704 DIVISION 0 - BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 00020 NOTICE TO BIDDERS 00100 INSTRUCTIONS TO BIDDERS 00301 BID 00302 VENDOR COMPLIANCE TO STATE LAW 00500 CONTRACT GEN GENERAL CONDITIONS 00805 SUPPLEMENTARY CONDITIONS DIVISION 1 - GENERAL REQUIREMENTS 01060 SPECIAL CONDITIONS 01340 SHOP DRAWINGS, PROJECT DATA & SAMPLES, OPERATION AND MAINTENANCE MANUALS, EQUIPMENT RECORD SHEETS 01600 PRODUCT DELIVERY, STORAGE AND HANDLING 01601 JOB CONDITIONS 01640 PRODUCT SUBSTITUTIONS DIVISION 2 - SITE WORK 02072 DEMOLITION, CUTTING AND PATCHING 02200 EARTHWORK 02260 TOPSOILING AND FINISHED GRADING 02930 SEEDING AND LANDSCAPE PLANTING DIVISION 3 - CONCRETE 03002 CONCRETE DIVISION 9 - FINISHES 09905 PAINTING AND PROTECTIVE COATINGS DIVISION 11 - EQUIPMENT TABLE OF CONTENTS 11005 EQUIPMENT: GENERAL REQUIREMENTS 11060 PUMPING EQUIPMENT: GENERAL REQUIREMENTS 11069 PUMPING EQUIPMENT: PROGRESSING CAVITY 11078 SLUDGE AND SCUM GRINDER PUMPS WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS TOC -1 TOC -2 DIVISION 13 - SPECIAL CONSTRUCTION 13442 PRIMARY ELEMENTS AND TRANSMITTERS DIVISION 15 - MECHANICAL 15060 PIPE AND PIPE FITTINGS: GENERAL STATEMENT 15064 PIPE: PLASTIC 15062 PIPE: DUCTILE IRON 15100 VALVES: GENERAL REQUIREMENTS 15102 PLUG VALVES 15104 PVC BALL VALVES & CHECK VALVES 15183 PIPE, DUCT AND EQUIPMENT INSULATION DIVISION 16 - ELECTRICAL 16010 ELECTRICAL GENERAL INFORMATION 16015 SUPPORTS 16111 CONDUIT SYSTEMS 16120 WIRE AND CABLE 16130 BOXES AND FITTINGS 16180 SAFETY SWITCHES 16450 GROUNDING 16610 ELECTRIC HEAT TRACING 16900 INSTRUMENTATION AND CONTROLS 16950 CALIBRATION AND TESTING WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS DIVISION 0 BIDDING REQUIREMENTS, CONTRACT FORMS, AND CONDITIONS OF THE CONTRACT 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 90H20 SECTION 00020 01 02 02 03 NOTICE TO BIDDERS 03 04 04 05 05 06 The City of Round Rock will accept bids for furnishing all labor, material, and 06 07 equipment and performing all work required for the project titled "WEST 07 08 WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS (project includes, in 08 09 general, relocation of one progressive cavity (P.C.) pump, installation of two 09 10 additional P.C. pumps, installation of two scum grinder pumps, and ancillary 10 11 yard piping and electrical work, an alternate bid item includes installation 11 12 of sludge density and flow meters). 12 13 13 14 Sealed bids shall be addressed to Purchasing Agent, City of Round Rock, 221 E. 14 15 Main, Round Rock, Texas, 78664 -5299, until 2:00 P.M. July 13, 1993, then 15 16 publicly read aloud at the same address. Bids shall be submitted on City of 16 17 Round Rock bid forms and labeled "WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING 17 18 IMPROVEMENTS." No bids may be withdrawn after scheduled bid opening time. Any 18 19 bids received after scheduled acceptance time will be returned unopened. 19 20 20 21 Bids shall be accompanied by an acceptable bid security as outlined in the 21 22 Instructions to Bidders, payable to the City of Round Rock, Texas, equal to five 22 23 percent (5 %) of the total bid. 23 24 24 25 Plans, Bid Forms, Instructions to Bidders, and Specifications may be obtained 25 26 for a non - refundable fee of $30.00 per set at the following: 26 27 27 28 City of Round Rock 28 29 Public Works Department 29 30 2008 Enterprise 30 31 Round Rock, Texas 78664 31 32 (512) 218 -5555 32 33 33 34 In case of ambiguity, duplication, or obscurity in the bids, the City reserves 34 35 the right to construe the meaning thereof. The City further reserves the right 35 36 to reject any or all bids and waive any informalities and irregularities in the 36 37 bids received. 37 38 38 39 The successful bidder shall execute the standard Contract prepared by the City, 39 40 and shall furnish Performance and Payment Bonds as described in the Bid 40 41 Documents. 41 42 42 43 43 44 END OF SECTION 44 WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 00020 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 1 00100 -1 01 92B20 SECTION 00100 01 02 02 03 INSTRUCTIONS TO BIDDERS 03 04 04 05 05 06 PART 1 - GENERAL 06 07 07 08 1.01 SUMMARY 08 09 09 10 A. Section Includes: 10 11 1. Detailed information and instructions to bidders regarding the 11 12 preparation and submission of Bids by bidders, and the 12 13 administration of bidding by the Owner. 13 14 2. Requirements which are supplemental to the general bidding 14 15 requirements contained in the General Conditions. 15 16 16 17 B. Related Sections include but are not necessarily limited to: 17 18 1. Division 0 - Bidding Requirements, Contract Forms and Conditions of 18 19 the Contract. 19 20 2. Division 1 - General Requirements. 20 21 21 22 1.02 COPIES OF BIDDING DOCUMENTS 22 23 23 24 A. See Section 00020. 24 25 25 26 1.03 PREBID CONFERENCE 26 27 27 28 A. A pre -bid conference will not be held. 28 29 29 30 1.04 INSPECTION OF SITE 30 31 31 32 A. Site Inspection Required: 32 33 1. Bidders are required to inspect the site of the work to satisfy 33 34 themselves by personal examination or by such other means as they may 34 35 prefer, of the location of the proposed work, and of the actual 35 36 conditions of and at the site of work. 36 37 2. Bidders may inspect the site of the work by special arrangement with 37 38 the Owner. 38 39 39 40 B. Exploratory Excavations: 40 41 1. Entrance by bidders to the site of the work for purposes of making 41 42 exploratory excavations shall be by special arrangement with the 42 43 Owner and under conditions established by the Owner. 43 44 2. Owner will provide each Bidder access to the site to conduct such 44 45 explorations and tests as each Bidder deems necessary for submission 45 46 of a Bid. 46 47 3. Bidder shall fill all holes, and clean up and restore the site to its 47 48 former condition upon completion of such explorations. Contractor is 48 49 liable for all damages resulting from exploratory activities. 49 50 50 51 C. Owner's Contact Person: 51 52 1. To arrange for inspections and making site exploratory excavations, 52 53 contact the following: 53 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00100 -2 01 01 02 Cary Matt, Superintendent 02 03 Telephone: (512) 218 -5581 03 04 04 05 05 06 1.05 SUBSTITUTE MATERIALS AND EQUIPMENT 06 07 07 08 A. For materials and equipment other than those listed as major equipment in 08 09 Section 01062, request for consideration of alternate materials or 09 10 equipment may be made after award of Contract. All such requests shall 10 11 be submitted by the successful general contractor. 11 12 12 13 B. Comply with Section 01640. 13 14 14 15 1.06 CONDITION OF AWARD 15 16 16 17 A. All bids will be received and evaluated by the Owner in good faith that 17 18 each and every bidder has thoroughly examined all Contract Documents, 18 19 reports, data and information made available or identified as being 19 20 available and has included all costs associated with completing the 20 21 entire Work in the bidder's Bid. No claim for additional 21 22 compensation by the successful bidder based upon or related to the 22 23 failure of the bidder to carefully and thoroughly examine and understand 23 24 the Contract Documents, the site and its environs, applicable laws and 24 25 regulations, reports, data and other available information will be 25 26 compensated. 26 27 27 28 1.07 DISCREPANCIES IN BID 28 29 29 30 A. Discrepancies in the Bid between words and figures will be resolved 30 31 in favor of words. Discrepancies between the indicated sum or product of 31 32 figures and the correct sum or product thereof will be resolved in favor 32 33 of the correct sum or product. 33 34 34 35 1.08 INTERPRETATION OF CONTRACT DOCUMENTS 35 36 36 37 A. Request Clarification Before Bidding: 37 38 1. If, during the course of examinations, visits, and reviews of the 38 39 site, adjacent conditions, federal, state and local laws and 39 40 regulations, the Contract Documents, geotechnical reports and any 40 41 other factors affecting cost, progress or performance of the Work, a 41 42 bidder discovers facts or conditions which appear to conflict with 42 43 the terms or intent of the Contract Documents, or with any other data 43 44 or information made available to the bidder relating to the work, the 44 45 bidder shall promptly notify the Owner in writing and request 45 46 clarification before submitting a bid. 46 47 2. Questions received fewer than three days prior to the date of opening 47 48 of bids will not be answered. 48 49 49 50 B. Requests for Clarification: 50 51 1. Interpretations of the Contract Documents may be requested prior to 51 52 submitting a bid. 52 53 2. Requests shall be directed in writing to: 53 WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 01 02 HDR Engineering, Inc. 02 03 Attn: Duwain Whitis, P.E. 03 04 3000 South IH -35, Suite 400 04 05 Austin, Texas 78704 05 06 Telephone: (512)442 -8501 06 07 07 08 C. Requests Requiring an Addendum: 08 09 1. Requests to clarify possible ambiguous, conflicting or incomplete 09 10 statements or designs, or any other such clarification which 10 11 modifies, changes, increases or decreases the scope of work, requires 11 12 issuance of an addendum by the Owner for the interpretation to become 12 13 effective. 13 14 14 15 D. Requests Not Requiring an Addendum: 15 16 1. Requests to clarify the source of materials, equipment, suppliers, or 16 17 any other such matter which does not modify, change, increase, or 17 18 decrease the scope of work do not require an addendum and may be 18 19 satisfied by a response by the Owner to the bidder requesting the 19 20 clarification. 20 21 21 22 1.09 AWARD OF CONTRACT 22 23 23 24 A. Basis: 24 25 1. The successful Contractor shall be determined on the basis of the 25 26 lowest responsible, responsive total bid. 26 27 27 28 B. Acceptance of Bid: 28 29 1. Within 45 calendar days after the date of opening bids, the Owner 29 30 will act either to accept a bid or to reject all bids. Acceptance of 30 31 a bid will be evidenced by a notice of award of contract in writing, 31 32 delivered in person, or by certified mail, to the bidder whose bid is 32 33 accepted. No other act of the Owner shall constitute acceptance of a 33 34 bid. 34 35 35 36 C. Bidder Obligated: 36 37 1. The award of contract shall obligate the bidder, whose bid is 37 38 accepted, to furnish performance and payment bonds and evidences of 38 39 insurance, and to execute the Contract set forth in the Contract 39 40 Documents. 40 41 41 42 1 10 WITHDRAWAL OR REVISION OF BIDS, COMMUNICATION OF 42 43 43 44 A. Method: 44 45 1. The method of communication for withdrawal or revision of a Bid 45 46 shall be by writing. No other communication including fax or 46 47 telephonic will be accepted. 47 48 2. Written communication must be signed by an authorized representative 48 49 of the bidder. 49 50 50 51 51 52 1.11 OPENING OF BIDS 52 53 53 WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 00100 -3 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00100 -4 01 A. Postponement: 01 02 1. The Owner reserves the right to postpone the date and time for 02 03 receiving and /or opening of bids at any time prior to the date and 03 04 time established in Notice to Bidders. Postponement notices shall be 04 05 mailed to bidders in the form of addenda. 05 06 06 07 B. Bids Remain Open: 07 08 1. All bids shall remain open and subject to acceptance for the period 08 09 of time specified for award of contract. The Owner may, in its sole 09 10 discretion, release any bid and return the bid security prior to that 10 11 date. 11 12 12 13 1.12 BID SECURITY 13 14 14 15 A. Bid Bond or Certified or Cashier's Check: 15 16 1. The bid form shall be accompanied by a bid surety bond provided by a 16 17 surety company authorized to carry on business in the State of Texas 17 18 for payment to the Owner in the sum of at least 5 percent of the 18 19 total amount of the bid price, or, alternatively, by a certified or 19 20 cashier's check, payable to the Owner in the sum of at least 5 20 21 percent of the total amount of the bid price. 21 22 22 23 B. Bond or Check to be Forfeited: 23 24 1. The amount payable to the Owner under the bid surety bond, or the 24 25 certified or cashier's check and the amount thereof, as the case may 25 26 be, shall be forfeited to the Owner as liquidated damages in case of 26 27 a failure or neglect of the bidder to furnish, execute, and deliver 27 28 to the Owner the required performance and payment bonds; evidences of 28 29 insurance; and to enter into, execute, and deliver to the Owner the 29 30 Contract on the form provided in the Contract Documents, within 14 30 31 calendar days after receiving written notice from the Owner that the 31 32 award has been made and the agreement is ready for execution. 32 33 33 34 C. Bond or Check to be Returned: 34 35 1. Upon execution of the Contract and furnishing of required sureties 35 36 and insurances, the bid security will be returned. 36 37 37 38 1.13 LIST OF SUBCONTRACTORS 38 39 39 40 A. List Subcontractors in Bid: 40 41 1. Each bidder shall list on the Bid in the space provided the 41 42 name, address, and description of the work of each subcontractor to 42 43 whom the bidder proposes to sublet portions of the work in excess of 43 44 30 percent of the total amount of bid. 44 45 45 46 B. Subcontractor's Qualification: 46 47 1. Owner may consider the qualifications of subcontractors listed in the 47 48 determination of responsible bidders. 48 49 49 50 C. Failure to List Subcontractors: 50 51 1. Failure to list subcontractors may render a bid nonresponsive and may 51 52 be grounds for rejection of the bid. 52 53 2. If a bidder fails to specify a subcontractor for any portion of the 53 WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 work to be performed under this Contract in excess of 30 percent of 01 02 the total bid, bidder agrees to perform that portion himself. 02 03 3. No subcontractor doing work in excess of 30 percent of the total bid 03 04 and who is not listed will be used without the written approval of 04 05 the Owner. 05 06 06 07 1.14 ADDENDA 07 08 08 09 A. Acknowledge Receipt of Addenda: 09 10 1. Each Bid shall include specific acknowledgment, in the space 10 11 provided, of receipt of all addenda issued and mailed by the Owner 11 12 during the bidding period. Failure to so acknowledge may result in 12 13 the bid being rejected as not responsive. 13 14 14 15 1.15 SUBMISSION OF BID 15 16 16 17 A. Time and Place: 17 18 1. Bid shall be submitted at the time and place indicated in Notice to 18 19 Bidders. 19 20 20 21 B. Bid Delivered by Mail: 21 22 1. If the bid is delivered by mail, the envelope containing the bid 22 23 shall be enclosed in a separate mailing envelope with the notation 23 24 "BID ENCLOSED" on the face thereof. 24 25 25 26 C. Timely Delivery: 26 27 1. The bid shall be deposited at the designated location prior to the 27 28 time and date for receipt of bids indicated in Notice to Bidders or 28 29 the modified time and date indicated by Addendum. Bids received 29 30 after the time specified will be returned unopened. Bidder shall 30 31 assume full responsibility for timely delivery at the location 31 32 designated for receipt of bids. 32 33 33 34 1.16 NOTICE TO PROCEED AND COMMENCEMENT OF WORK 34 35 35 36 A. Notice to Proceed: 36 37 1. Written Notice to Proceed will be rendered by the Owner within 30 37 38 calendar days of Award. 38 39 39 40 B. Commencement of Work: 40 41 1. Commencement of Work under the Contract shall begin within 14 41 42 calendar days after receipt of Notice to Proceed. 42 43 43 44 1.17 SOIL INFORMATION 44 45 45 46 A. Technical Information: 46 47 1. No soils and /or geotechnical borings, investigations and report have 47 48 been made for this Project. 48 49 49 50 1.18 HISTORICAL AND ARCHAEOLOGICAL 50 51 51 52 A. If during the course of construction, evidence of deposits of historical 52 53 or archaeological interest is found, the Contractor shall cease 53 WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 00100 -5 00100 -6 01 operations affecting the find and shall notify the Owner. No further 01 02 disturbance of the deposits shall ensue until the Contractor has been 02 03 notified by the Owner that Contractor may proceed. The Owner will issue 03 04 a Notice to Proceed only after the find has been surveyed and a 04 05 determination made by the Owner. Compensation to the Contractor, if any, 05 06 for lost time or changes in construction resulting from the find, shall 06 07 be determined in accordance with changed or extra work provisions of the 07 08 Contract Documents. 08 09 09 10 1.19 MEASUREMENT AND BASIS OF PAYMENT 10 11 11 12 12 13 A. Monthly Progress Payments Based on Contractor's Application for Payment: 13 14 1. Payment to the Contractor will be made based on monthly estimate of 14 15 the value of the Work completed and approved by the Engineer 15 16 including materials and equipment delivered to the project less a 16 17 retained amount. 17 18 2. Where partial payments are made, the amount retained will be paid 18 19 upon acceptance of the Work by the Owner. 19 20 3. Stored materials and equipment: 20 21 a. The value of stored materials and equipment shall be 21 22 determined on the basis of supplier or manufacturer 22 23 invoiced value of materials and equipment delivered 23 24 and properly stored on site and not exceeding 90 24 25 percent of the installed value of the item in the 25 26 approved schedule of values. 26 27 27 28 END OF SECTION 28 WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 01 90H30 SECTION 00301 01 02 02 03 BID 03 04 04 05 To: City of Round Rock, Texas 05 06 221 E. Main Street 06 07 Round Rock, Texas 78664 07 08 08 09 09 10 The Undersigned having carefully examined the Drawings, Specifications, and 10 11 Contract Documents, and having carefully examined the site, and having become 11 12 familiar with local conditions affecting cost of the work, location and 12 13 arrangement of piping, equipment, and miscellaneous items, and all other 13 14 factors and conditions affecting or which may be affected by specified work, 14 15 does hereby propose to furnish labor, superintendence, tools, equipment, 15 16 materials and utilities and transportation services, among other things 16 17 necessary to perform and complete in a workmanlike manner the work described 17 18 in the Drawings, Specifications, and Contract Documents in connection with 18 19 construction of West Wastewater Treatment Plant Sludge Pumping Improvements, 19 20 said Drawings, Specifications, and Contract Documents prepared by HDR 20 21 Engineering, Inc., including Addenda Nos. / , , , , and 21 22+ , which references are made a part of this Bid, and for the Bid 22 23 Price or Prices herein set forth as follows: 23 24 24 25 1. BASE BID FOR CONSTRUCTION OF THE PROJECT: 25 26 _ 27 Lump Sum Price of = d &,lir/ E (words) Dollars and 27 28 fllo (words) Cents. ($ VR [boo, on 28 29 (Figures)). - 29 30 30 31 2. ADDITIVE BID FOR TRENCH SAFETY PROTECTION: 31 32 TwC — c.ve= 32 � 33 Unit price of , (words) Dollars and 33 34 1 /o7 (words) Cents. $ 4.4,4 12,, So ) 34 35 (Figu es)) per 1 nea " 0 . 4 of pipeline or conduit trench in excess o 35 36 five feet deep. 36 37 4 L5o,60 a 37 38 Total Estimated price for 100 LF: $ 7n t.Q . (Figures). 38 39 39 40 TOTAL BID (SUM OF ITEMS 1 -2): $ („3 40 41 / 41 42 STATEMENT OF MATERIALS AND OTHER CHARGES: 42 43 43 44 MATERIALS INCORPORATED INTO THE PROJECT: $ ,5 ,6--zrO,00 44 45 45 4 4 6 ALL OTHER CHARGES: $ 3L6 6,5o, c-, (S4 46 48 *TOTAL C 48 S 0�) ap 48 49 49 50 *This total must agree with the Total Bid above. 50 51 51 52 For purposes of complying with the Texas Tax Code, the Bidder agrees that the 52 53 charges for any material incorporated into the project in excess of the 53 WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 00301 -1 00301 -2 01 quantity provided for herein will be not less than the invoice price for such 01 02 material to the Contractor. 02 03 03 I 04 04 05 PERFORMANCE AND PAYMENT BOND(S) 05 06 06 I 07 The Undersigned also agrees, if awarded the Contract, to furnish bonds as 07 08 required by the Specifications and Contract Documents for the faithful 08 09 performance of the work and guarantee the workmanship and material under the 09 I 10 Contract for the period set forth. The Undersigned agrees to furnish the 10 11 required bond(s), to sign Contract and to furnish other required contract 11 12 forms within 14 calendar days from the date of award of the Contract. 12 13 13 I 14 TIME OF COMPLETION AND LIQUIDATED DAMAGES 14 15 15 16 As time is an essential element of the Contract, all works shall be completed 16 I 17 within a period of 150 consecutive calendar days after the date of Notice to 17 18 Proceed. For each calendar day that any work shall remain uncompleted after 18 19 the end of the said period, the amount of two hundred ($200.00) dollars per 19 20 calendar day will be assessed, not as a penalty, but as predetermined and 20 II 21 agreed liquidated damages to be used, in part, to pay any additional 21 22 engineering expenses incurred by the Owner after the end of the said period. 22 23 23 I 24 BID SECURITY 24 25 25 26 Accompanying the Bid shall be a certified check, cashiers check, or draft for 26 I 27 not less than 5 percent of the amount of the Bid. Such check shall be 27 28 certified or issued by a State or National Bank and made payable to the City 28 29 of Round Rock, Texas. In lieu thereof, a Bid Bond shall accompany the Bid for 29 30 not less than 5 percent of the amount of the Bid, issued by a surety 30 I 31 authorized to do business in Texas, and made payable to the City of Round 31 32 Rock, Texas. 32 33 33 II 34 In accordance with the above, accompanying this Bid is a certified check, 34 35 cashiers check, draft or Bid Bond for a sum of S% of CikrgrFST A v �aur Bm 35 36 (5 ) dollars, which shall become the property of the Owner in 36 I 37 case this Bid shall be accepted by the Owner, and the Undersigned fails to 37 38 execute a Contract with said the Owner and to furnish bond or bonds to 38 39 validate said Contract within 14 days of written notice by the Owner to the 39 40 Undersigned to do so. 40 1 41 41 42 SUBCONTRACTORS 42 43 43 I 44 If awarded the Contract, the undersigned proposes that the following 44 45 subcontractors will perform work valued in excess of 30 percent of the total 45 46 bid amount. 46 II 47 47 48 NAME ADDRESS DESCRIPTION OF WORK 48 49 49 50 50 II 51 51 52 52 53 53 P 1 WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 01 02 03 04 05 06 07 08 09 10 11 Respectfully submitted, 12 COQ ONs72uaTioN Co, )NC- 13 / 14 By 4 C, e - ,� � ti p_ 15 (Title) 16 17 18 19 20 21 If awarded the Contract, our surety will be Cot regcroR. Stwom C 22 23 ,o lusu,2,,rcO &) of )Rwnr6 , Lewis 24 25 END OF SECTION (Name) Address s x /(¢¢ J4ELCTES, /EX 7&923 - /, �f WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 00301 -3 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 1 CONTRACTORS CBIC BONDING AND INSURANCE COMPANY 1 KNOW ALL MEN BY THESE PRESENTS: ' That we, COR CONSTRUCTION CO. , INC. ' as Principal, (hereinafter called the "Principal'), and Contractors Bonding and Insurance Company of Seattle, Washington, a corporation duly organized under the laws of the State of Washington, as Surety, (hereinafter called the "Surety "), are held Firmly bound unto CITY OF ROUND ROCK 1 in the sum of ' not to exceed ($ 4.800.00 * * * * * * * *, , for the payment of which sum well and truly to be made, the said Principal and the said Sutety, bind ' ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Wastewater treatment plant sludge pumping improvements 1 1 1 1 1 1 1 1 1 1 5% of greatest amount bid Four thousand eight hundred and no /100 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 in the prosecution thereof, or in the event of the failure of the Principal to enter into 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 coveted by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 13th C325d -100M. 8 -75 198717 Approved by the American Institute of Architects. A.I.A Document No. A -310 rebmary 1970 Edition 1140 Witue,s W itn055 BID BOND day of July COR CONSTRUCTION CO.. INC. Surety: O 0 ng and insurance Company Home Office: 1213 Valley Street P.0 Box 9271 Seattle, WA 98109 -0271 (206) 622-7053 (800) 765 -CBIC Natrona) (206) 382 -9623 FAX as Obligee, (hereinafter called the "Obligee "), Diane Matthews Attorney-In-Fuel A.D. 19 93 (Seal) Principal Title Dollars nndCan 1113.US 1009911 LIMITED POWER OF ATTORNEY:: ev s.,; •.. ; 's., •.. „< '•. . ;• .:: ;':`READ CAREFULLY `•,. o a:' CONTRACTORS BONDING AND INSURANCE COMPANY IS RESPONSIBLE ONLY FORTHE BOND DESCRIBED AND UP TO THE AMOUNT SET FORTH M i THIS LIMITED POWER OF ATTORNEY. ANY ERASURE WILL VOID THIS POWER OF ATTORNEY. IF YOU HAVE ANY OUESTIONS ABOUT OR WANT TO , VERIFT Tri IS POWER OF ATTORNEY CALL CONTRACTORS BONGING AND INSURANCE COMPANY IN IRVING, TEXAS AT (800) 6732242 • ” f+e"noISumS ' ' $ 4, $,00, A 0'• 'pttomeyNO TX 12 0 Power No "T3567' •" Bond No.- Y, Limited Power of AUor y Due / 1 93 • - Date Approved; / 1 3/ 93 App oveaby:' • - Robert E. Blackburn • -''COR CONSTRUCTION CO, INC • Name of Principa Name of Ohllge.: n 11 Y n r ^KUUNU KIJux, 1b.AKS , I s a Deicr •, Localioa'OtApphcable): , ,,ROUND•ROCK, 'TX.', KNOWALL MEN BY THESE PRESENTS the CONTRACTORSBONOING AND INSURANCE COMPANY a A hen du or W lows odd end eestm under the oftheSteb olWeehin on and heon rs reapal dfw m Sad* IGngCaumy,Wa,hington,dau by Hesse peasants lrelm and eppmm DIANE nTTH S d SAN ANTONIO , �' its he and lawful ettomey+n•fed,wih lull poser end authonty Iwebyconlwrvd in der norm, place and deed, to axxde,acknowledge and delver the bends) desorbed ebcvw end to bind theCompaythereby BS fully and to the some extent as it each such band was signed bytheReskenl, sealed wdhtbe corporate seal of the Correa yand duly attested by Its Secretory; hereby ratifying and confirming all that the nerd et Nnfad d o in the Soda ntent is made under end authority of the ado the Boardol Predors dCONTRACTONS BONDING AND INSURANCE COMPANY on 1 may premba. ppoi by adY 9 adopted by RESULVEDthdnwR.aimme aulhonsedto boxed eeadunaymredof the campary DIANE MATTHEWS wdh power and authadyto sign onbehef of the Company those suety bonds which may from timers lane beepprosed by Robert E Bleckbuq in such penal sum, end accreting to such conddens as may be approved by Robert EBleckbum. RESDLVE)FURTHEf that each Poser otAKomymust al forth the specmhc deamgion elfin bond to which d epples,tho none of the emr emcee!, the name the oblgeo,tle penal sunm,the bond number (except lore led bond where there is no number),theidemdying number d the aHOmeyinfad,Meidaldpng number ofthe Power ofAtlomy, and the name end sgnature of Robert E Blackburn :end may sat forth the descrpten end amount d ed4NOal reinsurance amlleten, d say. RESOLVEDFUTTHE2 that Robert EBledd,um is aulhonzed to esbbIsh a spec& smitten date forth° Power of Attorney and to modfy that dalefrom hmeb tineos Robert E Bbckburn deems necessary in ha solo discretion; the eppimbbexpirehon dateto be dearly set forth in enywrilen Power of Aaoney. RESOLVEDFURTHERthe% unapt as oNwwisepmvided in the Immediately suc®eding raolmioR under nodroumstences sheik( Ott. contract amount fa any bid, payment, performance, acombination payment and pedanenee bond (i. , a performance end payment obligation m one bond fawn) exceed$1,250,000dthe bond is gaarenteed byt Snell Bus ness Admmistro0on; (b) the penal sum of any bond red guerenteed bythaS all Seems Adninetrehon (Ow Men abid bond which ufurmerrestricted by douse (c))mcsi d$22`A,00Rand(e)oh'dbond Mich anatgaanntadbytheSmell Business Admim,heten lo executed for a Job where, ri te contract is awarded, the bond penally on any redcoat Ma bond, portent bond, or combination performers andpymal bond (a.e performance and payment oWgatan in one bond fans) to be executed pursuant to the bid bond's b eased $2,250,003. RESOLVERRIRTHBHhdtheebove named Attorney is granted paver and eutharlyto mead the appl h1 penal limb set forth in the Imnedabypnaedng raduhon for any bond in en amount equal to the emount of any additional relnsureroe a d ey cash, beerol codd orother wordy revved as collateral satiny b y the Company as inducement to ism the bond solong es the description end emmntof edddrmal reinsurance a collateral an set lath in the Power dAttorny RESOLVEDFBRTHERthat the euthonyd theSecrday of the Canpeyto Wily eudenhutyand effectiveness of thera.gm p raolahons in any Limted Power dAaorny is hereby delegated to then faltering person, the signature of the Ignoring to bind the Compaywfh reaped to the euthenhoyand ef.chaotea, of the foregoing reeelubuns as If signed bythe Secretory of the Company: Robed E. Blackburn RRULVE FURTHER that the 'endure (rduding zertd•atwn that McPoaer olAttomyis still inform and effect) of Robert EBleclmum end Nobry Pobrc, and thecapoeb andNohryseals appearing on arty Umled PowerofAHaaycontemingthis ardthef ongoing resolution omen oath; Limded Power ofAdorrey rhdf moon in is trensmusron,mey bebyf animiw end such UmdedPower dAttorny shall be downed en original in all roped. RESOLVE) FURTHER that ell solutions adopted pnorto tody eppoinhng the above named as ellommyiMxt for the Company ere hereby superseded IN WITNESS WfEy 0F,CQ9I w TRACTORS BONDING AND INSURANCE COMPANY has caused these presents to be signed by Robert E. BlecWnsn, and its corporebe seal to be hereto affixed 1 / 4 / Y 3 STATE OF TEXAS— COUNTY OF DALLAS IN WITNESS WHEREOF,1 have hereun CONTRACTORS BONDING AND INSURANCE COMPANY �.f�� \p6 kHD /ry�� Robert E. r) 4 : © F • �^` v : SEAL :I=- rrr yt ;1979.S m,,SHiNG - 09 1/ 04/93 personally appeared Robert E. Blocthum, to 000 ki)bNTttli 6earepreserdahve of the corporation that executed the foregoing Limited Power of Attorney end acknowledged said Limited Power of Attorney to be the f tee and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath Meted that they ere authorizes to execute the said Limited Power of Attorney. Notary Public in end for the tete of Texas The undersigned, acting under euthomy of the Board of Directors of CONTRACTORS BONDING AND INSURANCE PANT, hereby certifies, as or in lieu of Certifier. of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is a full, true and correct copy of the Original Power of A4tomay issued by said Company, and does hereby further certify that the said Power of Attorney is still in force and affect. GIVEN under nano, atI r y l n X this 1 3 day of JUL tg 3 / m ✓� � ... A10(442393) 1 1 1 1 1 1 1 1 1 '1 1 1 1 1 1 01 01 02 SECTION 00302 02 03 03 04 VENDOR COMPLIANCE TO STATE LAW 04 05 05 06 06 07 The 1985 Session of the Texas Legislature passed House Bill 620 relative to the 07 08 award of contracts to non - resident bidders. This law provides that, in order to 08 09 be awarded a contract as low bidder, non - resident bidders (out of state 09 10 contractors whose corporate officers or principal place of business are outside 10 11 of the state of Texas) bid projects for construction, improvements, supplies or 11 12 services in Texas at an amount lower than the lowest Texas resident by the same 12 13 amount that a Texas resident bidder would be required to underbid a non - resident 13 14 bidder in order to obtain a comparable contract in the state in which the 14 15 non - resident's principal place of business is located. The appropriate blanks 15 16 in Section A must be filled out by all out -of -state or non - resident bidders in 16 17 order for your bid to meet specifications. The failure of out -of -state or 17 18 non - resident contractors to do so will automatically disqualify that bidder. 18 19 Resident bidders must check the line in Section B. 19 20 20 21 A. Non - resident bidder in N (give state), our 21 22 principal place of business, are required to be percent 22 23 lower than resident bidders by state law. A copy of the statute is 23 24 attached. 24 25 25 26 Non - resident vendors in N (give state), our 26 27 principal place of business, are not required to underbid resident bidders. 27 28 28 29 B. Our principal place of business or corporate offices are in the State of 29 30 Texas. N/A 30 31 31 32 BIDDER: 32 33 33 34 COR C mN CD .1 /NC. By: DiiE /1 , ZA 34 35 Company lease print) 35 36 37 .8x rr.r r 0 36 38' Address 38 49 l 7 " "Z3 P . E51 DEN ( 40 40 I7EL.�TES, / Title: 40 41 City State Zip (please print) 41 42 42 43 43 44 44 45 45 46 46 47 47 48 48 49 49 END OF SECTION THIS FORM MUST BE RETURNED WITH YOUR BID WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 00302 -1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00500 -1 01 89E31 SECTION 00500 01 02 02 03 CONTRACT 03 04 04 05 THE STATE OF TEXAS 05 06 06 07 COUNTY OF WILLIAMSON - 07 08 08 10 THIS AGREEMENT, made this G(Wday of , 19'73 by and 10 11 between the City of Round Rock, Texas hereinaft r called "Owner" and 11 12 6012 6,0.14 utAtot.1 &D. i tmc -. of 1 tExns 12 13 , hereinafter called " 13 14 14 15 The Contractor did on the 1 day of um, , 19 13, 15 16 submit a Bid on the following items: 16 17 17 18 of certain plans, drawings, specifications and other Contract 18 19 Documents prepared for the Owner by HDR Engineering, Inc. of Austin, Texas 19 20 hereinafter called "Engineer," entitled "Contract Documents and Specifications 20 21 for the construction of West Wastewater Treatment Plant Sludge Pumping 21 22 Improvements" and previously filed with the Owner, which Bid is by 22 23 reference made a part hereof. 23 24 24 25 It is mutually understood and agreed by the parties hereto that the Notice 25 26 inviting Contractors to bid as published; the Information or Instruction to 26 27 Bidders; the Conditions of the Contract (General, Supplementary and other 27 28 conditions as they may be titled); the Specifications; the Bid; the 28 29 Performance and Payment Bonds; all proceedings by the governing body of the 29 30 Owner relating to the subject matter of this Contract; the Plans; and Addenda; 30 31 all of which documents are hereinafter referred to as Contract Documents and are 31 32 a part of this Contract by reference the same as if each had been fully set out 32 33 and attached hereto. 33 34 34 35 In consideration of the following mutual agreements and covenants to be kept 35 36 by each party; 36 37 37 38 a. The Contractor agrees to furnish and pay for all plant, labor, mechanics, 38 39 tools, materials, equipment, machinery, supplies, works, facilities, testing, 39 40 means, methods, techniques, transportation, superintendence, insurance, taxes, 40 41 utilities and services necessary to perform all items set forth in the Bid 41 42 hereto attached and made a part hereof in strict compliance with the Contract 42 43 Documents for a sum of $ Q,,10�i0.00 , subject to adjustment as provided 43 44 in said documents. 44 45 45 46 b. The Owner agrees to pay the Contractor in accordance with the provisions 46 47 of the accepted Bid and other Contract Documents. 47 48 48 49 c. It is mutually agreed by each party hereto that all provisions of the 49 50 Contract Documents shall be strictly complied with and conformed to the same as 50 51 if rewritten herein, and that no substitution or change in said documents shall 51 52 be made except upon written consent of the Owner and the Engineer, in the form 52 53 of a Change Order, and such allowance shall in no manner be construed to release 53 WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS 1 1 1 1 1 1 1 1 1 1 1 1 1 1 00500 -2 01 either party from any specified or implied obligations of said Contract 01 02 Documents. 02 03 03 04 d. This Contract is let subject to the following special provisions: 04 05 05 06 IN WITNESS WHEREOF, the parties hereto affix our signatures and seals the day 06 07 and year first above mentioned. 07 08 08 09 09 10 (S OWNER: 10 11 11 12 E City u iRo , T: as 12 13 y 13 14 A By illu. 14 15 15 16 L) Title: Mayor 16 17 17 18 18 19 ATTES 19 20 ■ 20 21 By „�I. /l Iii 6111 /// 22 / 22 23 Tit (: City Secretary 23 24 24 25 25 26 (S CONTRACTOR: 26 27 27 28 E L (3,, a ,L . 28 29 , / 29 30 A By �. �, _ � � 30 31 � 31 32 L) Title 32 33 33 34 ATTEST: 34 35 35 36 By Q. 36 37 37 38 Title .. / 38 39 39 WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS CBIC CONTRACTORS BONDING AND INSURANCE COMPANY PAYMENT BOND (McGregor Act - Public Works) Texas Bond No. TX1705 Texas: 122 West Carpenter Fwy. Suite 490 Irving, TX 75039 (214)717-0116, (800)673-CBIC (214)717 -1626 FAX KNOW ALL BY THESE PRESENTS, That, we, COR CONSTRUCTION CO. , INC. . (hereinafter called the Principal), as Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY ("CBIC"), a corpora- tion, organized and existing under the laws of the State of Washington, with its principal office in the City of Seattle, Washington, and authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds (hereinafter called the Surety), as Surety, are held and firmly bound unto CITY OF ROUND ROCK (hereinafter called the Obligee) in the amount of Eighty nine thousand six hundred fifty and no /100 Dollars, 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 26th day of July , 19 93 , to wit: West wastewater treatment plant sludge pumping improvements 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 pay all claimants supplying labor and material to him /her or a sub - contractor in the prosecution of the work provided for in said contract, 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, and all liabilities on 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 and Surety have signed and sealed this instrument this 26th day of July CONT a RS BOND r _ ND INSURANCE COMPANY y -in -Fact CiarK U. tresne ( Seal) rr Attorn ,19 93 COR CONSTRUCTION CO., INC. (Seal) BndCPPY.01- TX062290 ?a limit AD pi5w,eif,oKkrigFUy6Y rT,'?:• >�'s';:',;'' '�,,.:�+ ar READCAREFULoc.. ..�;'r;N ^s.vod,.v - , NI'i1AETOlki Ar40 IN COMPANYIS RESPCNS(BLE ONLY F Oft,THE BOND DE$CRIBED,ANA UpT1 T11E AA(OUNT SET FORTH IN' T1j1S LIMITED POWER OF ATTORNEY: ANY ERASURE WILL.VOIO T AT,TORNEYt IF-YOU H ANY OUESY(b(IS'ABOUT OR WANT. TO (eO VEiiiF>s SH < � POWER OF ATlORIJEy CALL CONT(1ACTbRS B, .1),11 L Ah) II SUR Ati0o CbMPA IIN IR ?ING<TEX S AT O) ef3.22 }2 > ; '' " �'.Siy . . `.w,.., : r <�E: R�3r: Y' `, H ..Y ••.-.:?a. yrk±•i .:> • •... 5,.. , o TX 4 7 5av'.Y.'. S. „$'8'9•� b; x::0,0 ':�.AI(orneyNo <T <f 8 p,werNe.,;i ':2-4 %t }5;..`.:; odFlo:1 ° ieF61AI)or e'y < -, /2• Y•; xx t iy ? >'t';.' "i a''i^: ?r ' ' teale ' 1 lt :. :•:.i%.wl' tea•`. ' i — • . A we 'Of Pfi olpa(;t AP- CT,1Oft`.— 'o(ObllgerjG ',I Pr Ut:.:•1jUUN0,:,4,1i,5.4 R •' < ,, trTfr 7. i;e: "s'sr':'• 0 , swESt WA s Ttri`•£TF ff , t wi 'R 0 UFs 14E Pita", ,; ';5 :day � }S[ily �a.••:p;i'.rt} <l .....,, •. r: , sew': eca ltonlNAppikeble ): , ;i;:+4R,OUf•II t1 C K'„`, TE EA S ,.., p;• „ c�y" < ' ,, :, , •i %.. •w •, .';i'. KNDWALL MEN BY THESE PR687fS theft CONTRACTORS BONGED AM) INSURANCE COMRLNY,a corporation duly oneniced and wdetingurderlhe law of th,Stete ofWsehin on and basin its principal tic In Seattle, Irmo County,Washinglon,dow by these preaantemake ,conaliule and eppoint CLARK D. FRESHER d �uAN ANTONIO r �'X Its Inland lawful ett(rey.iNad,wih full power end authority hereby conferred in Hs name, pine and stud, to execulgecknowledge and deliver the bonds) desubed above; and to bind the Company thereby as fully and to the same eded nil each such bond was ,goad by the President, sealed wlh the corporate seal d the Conoarty end dulyetlostod by ihSaoelay; haobyratdying andconfirmhg all that the soi ) ottenin / fe 9 d 3 may do In the premises.Sakl appointment Is modem:wand by authority of the following resdutons odopted by the Board of Dadon of CONTRACTORS BONGNG AND NRRUNCE COMPANY on RESDLVEDIhd the Resident Is authoraedtoel9oinlasattorney JMeddtheCbmpmry CLARK D. FRESHER rithpow,rendeuthadyto%goon behalf of the Gaper/those ,udybonds which may from lime to hoe be approved by Robert EBlackburn, in such panel sums and eccerdng to such conditions as may beapplovd by Robert EBIeckbum. RESOLVEDRIRRIERthat each Power ofMoney must set forth the specific dssuiption of the bondtowhich H apples, the name of the primer*, the mere Lithe obliges,t a penal sum, the bond number (except foradd bondwhe wheelie,. isno numberkthoidemifying number d Ile ettomey4otad,Meidem,yingnumber One Power ofAttornry the name end signature of Robot E Blackburn; and may sit forth the desupibn end amount el additional rwrourarw acolbtenl deny. R®DLVEDFURTHEt that Robed EBleckbumis authorised toahbish a spears mentiondaleforthePower olAeomy and to modytheldohfrom web towasRoberl EBIadtburn deems necessary in his sole discretion; the amicable expiration date to be drawly set forth In arywritten Power oflUtorrey. RECOLVEDFUNHER that, except as°Men epnviddin thelmmdateysucceeding reelutlon, under no d¢umstarcesahat(a) the conked smooths enybid,paymerd combination payment and performance bond (ie,. performance and payment obrigabon in ore bond form) exceed $1,250,000 tithe bond is guaranteed bythe Snell Business Administration; (b) the penal sum olany bond nit gunontedby the SmeeBusiessAdnin 'etmlion (other Ihanebid bond which isludherrodrktdbydouse (c)) noon E2250,00Pend(c)e [Abend which isnotguenenteedbytheSmollBusiness Adminlsbelbn be emcuted for lob where, if the contract is awarded, the bond penally on any performance bond, payment bond, or combination performance end payment bond (ter, a performance and payment obrgdbn in ono bond Ism) to be executed pursuant to the bid bond is to exceed $2,250,000. RESOLVED MINER that the above nemdAnomoy is grand power and authority to mood the epplcable penal limits sat lath in the Immediately pncodng moll/hen for arybard in en amount equal to the amour. of anyedddioal nlrourence or d ary cash, terser of mold or other security roulvad as collateral 'courtly by the Compry es inducement tO lame the bond, so long as the description and amount dadditional re em ence awlbterel en set lath in the Power ce Attorny. RESOLYEDFURRIER the authdtyd the9wtery of the Comeoyto codify the authenticity and effadinrlw oftheforegoirg resolutions in ayLindd Power dAttany is hereby delegated to the blinding person, the signature Li the Mowing to Lind the Company wits reaped to He euMatedyend eflediveness of tho foregoing resolutions a it signed bylhe&curtsy of the Company: Robert E. Blackburn RWOLVEDFURTHERlhetthasignature (including c rttr tion that the Power of Attorney is doll infomeend effect) of Robed E.Eeckbum and Notary Pud c,end the capon*, and Notary nab eppeering en any Limited PowerofAltarnrywnhinmg this odlhefongoirg resolutionsesweli e the Limited PovarulAaomyiMlf 'swell as htnemiaio onaybobyfecsimigandeuchLimindPoxerolAeoray shell be dawned an original In an seeds. RDSOLVEDFURTHERMd all r widens adopted pnorto Jody epp,tmgthe above named as eltoreylofat for the Company are hereby superseded. IN WRNESS WHEREOF CONTRACTORS BONDING AND INSURANCE COMPANY has massed these presents b be signed by Robert E. Blackburn, and its corporote seal to be hereto affixed 1 / /s'_ /�•• ,,' CONTRACTORS BONDING AND INSURANCE COMPANY _� kXO yry �, p th y p POR r es s t By; � leck burn � : Cp 4 f F. - • : or g SEAL STATE OF TEXAS— COUNTY OF DALLAS y,g •., r qSN I On 1 /0 personally appeared Robert E. Blackburn, to me liilbNntebe a representative of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the free end voluntary oct and deed of said corporation, for the users and purposes therein mentioned, and on meth stated that they ere authorized to execute the said Limned Power of Attorney. IN WITNESS WHEREOF, I hevehereunt ens ns u h...+d .+n.a .m , "•h , ^ „ ^Hblet.e.n try day end year first above written. BROCIA J. BILDEtBACK / ►y fns "` WM* 1 6{ p Notary Public In and for the tate of Texas The undersigned, acting under authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE PANY, hereby certifies, as or In lieu of Certificate of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing Is a fun, hue and correct copy of the Original Power of Attorney Issued by said Company, and does hereby further certify thel the said Power of Attorney is still In force and effect GIVEN under my hand, atl ry In X this 26 day or JUL 19 - 93 1r✓./ j wN A10(052303) 1 1 1 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): COR CONSTRUCTION CO., INC. P.O. Box 460001 San Antonio TX 78246 OWNER (Name and Address): CITY OF ROUND ROCK 221 E. Main Round Rock TX 78664 CONSTRUCTION CONTRACT Date: Amount: $89,650.00 Description (Name and Location): West wastewater treatment plant sl udge pumpi ng improvements BOND Date (Not earlier than Construction Contract Date): 7 -26 -93 Amount: $89,650.00 Modifications to this Bond Form: CONTRACTOR AS P CIPAL SURETY CONTRACTORS BONDING & INSURANCE COMPANY Company:COR CON .TaU CT ION CI , INC(Corp. Seal) Company: (Corp. Seal) Signature: �' ' 6 -65 Signature• �E/ Name and Title: Name and Title: Diane Matthews; Attorney -i n - Fact CONTRACTOR AS PRINCIPAL Company: Signature: Signature• Name and Title: Name and Title: EJCDC No. 1910 -28B (1984 Edition) Prepared through the joint efforts of the Surely Association of America. Engineers' Joint Contract Documents Committee. The Associated General Contractors of America. American institute of Architects, Amcrican Subcontractors Association, and the Associated Specialty Contractors. Construction Payment Bond SURETY (Corp. Seal) Company: SURETY (Name and Principal Place of Business): CONTRACTORS BONDING p & INSURANCE COMPANY P.O. Box 9271 Seattle WA 98109 -0271 (Corp. Seal) CO NTRACTORS BONDING AND INSURANCE COMPANY IS RESPONSIBLE ONLY FOR THE' BOND DESCRIBED AND UP TO THE AMOUNT SET FORTH IN p, THIS LIMITED POWER OF ATTORNEY. ANY ERASURE WILL VOID THIS POWER OF ATTORNEY, IF YOU HAVE ANY GUESTIONS'ABOUT OR warp • :`,'- VERIFYTHIS POWER OF ATTORNEY CALL CONTRACTORS BONDING AND INSURANCE C0MPAN'YIN IRV,IN6 TEXAS AT (ROO)1732242 : ' ;$69 . 65 . 0 '. a ; "� -,. ;a.. `.1'2.0x ...a•:; ... •T36.' 24si R<N.,,< ;.,O "NO. TX 17 05,.:.r PenalSUm$'• . r �� ; 'AtforneyN •TX o pawerNo. >'s, ` • gondNo: ted Povi of Attor y Ire"" f 2 .94.. ti ° ; Dateipp(oyai;.• ° "i 7f26 :AP,Pioved by ': • ' I • ` '; < `° ` • •:: .� <<'. • . 'Robert E.•Blackbum '• ....F ` i:4i r • 191Pemral i • .�iplbl Mantel,'+: r• n aI CO R' ` CON S IR U CTION ` G D ' > INC %f: ' ;, ;; maolf?rindpal; ,rtr "<'_ 'Mile De ;e olO b y bgee:: LilE- LIP' KUUNU"KULK • ,, • ,,, S: ' .>.,. ?• •� . np W E ST: WASTEWATER '. TREAT• MENT ✓,'PL'ANT. :PUMP ING " IMP,' <c ' ,> • 1... ..3, tion(ff APplicab)e): a; LIMITED POWER.OFATTORNEY< 'ROUND 1?bCK KNOWALLMEJ BY THESE PRESENTS that CONTRACTORSBONDNGMG INSURANCE DIANE M AT T HY:W $ end misting underthe le SAN A hewnettynncipel office in5letlb, MrgCounlOashingtan,doas lytha» presents moke,consteute end appoint d , l X Ns Weend lawful ettaneyinled,wihlull power and euthonty hereby conferred in ds name, pleas end sfeed,to execute, acknowledge end deliver the boorlls) deserted °born and b bind meCompwrythereby es fully end to the sere adent as H each such bond was signed by the President,sealed with the corporate seal d the Comps nyend duly attested byneSecretter herebyretifymg endanfirming ell that He said dter nxt may door m the premises. Said appointment is made under ell byemborily of the following midutons adopted by the Board of Dimctora d CONTRACTORS BONDING AND INSURANCE COMPANY on 1/ RESOLVEDMdHe Resident is euthona dto appointee attomey- inlectaltheCompany DI MATTHEWS with power endeuthordyto sign on WWI of He Company those sirety bonds which may fmm hrmfo hme beapproved by Robert E Blackings; in swhpenel sums end scorning to such nonddNns m mey beeppmved by Robed EBeckbrm• RESDLVED FdFMIEHheteach Power of Attorney must set forth the specific &antiphon of thebondtowhich topples, the name elite principal, the name of the dirge*, the penal sum, the bond number (except for bid bond whore there is no number),iheidwmfying numbed the ettomeyinlecLMaidentdy'mg numbwof the Power olAtIonvey,end tho name end signature of Robed E Bleckburmend may sot forth IM desum en and amount of et:Monet rwrourerce orcolbbrel d eny. REEOLVEDFUTHERlhel Robert EBleckbum isauMOr® dto eatebfshe swine espaeten date kr the Power ofAhomeyend to mdtytMdablmm 'mob tinges Robert EBeckbrndeems necessary m his sole deuteron; the applableexptrahon debts be dearly set forth in onywrtten Power of Altonek RESOLVEDFU7rHE that,axaptes of erwisepmwdedintheimmediately sucaedmg resoluhoryunderna circumstances shall: (s)l emMrxlemountfor anybil ,peyment,performance,wambnetion payment and performance bond (i.e, a performance and peymentobigabon m one bond tom) exceed $1,250,000 dale bond is guerenIeedby the Small grimness Admnishahm; (b) the penal sum of any bond nce guaranteed byaheSmall BusinessAdmmeamtion (other than a bet bond which *further restricted bydause(M) emned$P7:dn E end (c)e bidbond which isnotguerenteedbytheSmell Busmws Administration be executed for ebb whom d the contract is awarded, the bond peneltyon errypedame rot bond,payment bond, w=Mullet n performance end payment bond fie,' performance and payment °Myeli n m ono bond tom) to be smarted pursue ntto the bid bond is to exceedS2,25DAG RESOLVED RIRTHETthettheabove named Mammy *granted powerendauMOrdytoexceed theapplceble penellmds *reclaim the imnedeblypracedng resoluhonfwany bond in en amount equal to the amount of any addmonel reinsurance or of arty credit or other sweaty ramrod as collative] 'scanty by tM Company se inducement to Issue He bond, so long a thedauieten end amount of eddmanel reinsurance or collateral are set IoM in the Power olAttomey RESOLVED FURTHER het the euMOmyof ties Secretory oftheCcnpwry to andytheeutlenlcdyand effectiveness of tholoregoing resolutions in any tinned Power dAttomsy is hereby delegated to the following perm n,the signature d the following to bid the Compenywih tossed to the euthentciy end effectiveness of the foregoing resolutions as if signed by the 54cmtel d the Company Robed E. Blackburn RESOLVEDFURDIEtMd the sgnehtre (rduding certification lhet the Poser of Attorney nddl m forte erd effect)c( Robert EMecleurn end Nofory Pods, and%suporeb end Ndery seals papering on any Unita! Poser ofAHwmycomeiningthuandthefongoing resolutions anvil eatheLimdad PonerdAaomryihdf insane, letrerominia, maybebyfwaimimerdauchLrmdedPowerdAtlomey shell be deemed en anginal in all aspects. R60LVEDFU7THER and all resolutions adopted prior to todryeppoinhngthe thew nosed es edorneymJact for theCompanyare hereby superseded IN =NESS WHEREOF, C9t{TRACTORS BONDING AND INSURANCE COMPANY hes mused these presents to be signed by Robert E. B fo see leclmnrn, end its corpore to be hereto affixed 1I // ' I `J 3 Robert E. ackbum x , C9 R T F SEAL ,_'% On 1/04/93 STATE OF TEXAS— COUNTY OF DALLAS CONTRACTORS BONDING AND INSURANCE COMPANY .y, o'�' AHD ly�..pprrrl personally appeared Robert E. Bleckbum, to ma ealO ntb'6e a representative of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attomeyto be the free end voluntary ectend deed of said corporation, for the uses end purposes therein mentioned, and on both slated that they ere authorized to execute the said Limited Power of Attorney. IN WITNESS WHEREOF, I havehereuntWo my h„r,d ...,.+ .er .,.d.n,e"earl.'... p day and year first above written. . CYr �tL C it� G G /U Notary Pubic in and for the tete of Texas The undersigned, acting under authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE PANY, hereby certifies, as or in lieu of Certdkete of the Secretary of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing is atuff, true and correct copy of the Original Power of Attorney issued by said Company, and does hereby further certify that the said Power of Attorney is still In force and effect. GIVEN under my heard, ettI ry 111 X this, 26 mtyof JUL 19 93 .../.�� .mow .. A10(082303) 1 1 M 1 1 1 1 1. The Contractor and the Surety. jointly and severally, bind themselves. their heirs, executors, administrators. successors and assigns to the Owner for the performance of the Construction Contract. which is incorporated herein by reference. 2. If the Contractor performs the Construction Contract. the Surety and the Contractor shall hale no obligation under this Bond. except to par- ticipate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default. the Surety's obligation under this Bond shall arise after: 3.1. The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below. that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner. the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Con- tract. but such an agreement shall not waive the Owner's right. if any, subsequently to declare a Contractor Default: and 3.2 The Owner has declared a Contractor Default and formally ter- minated the Contractor's nght to complete the contract Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as pro- vided in Subparagraph 3.1: and 3.3. The Owner has agreed to pay the Balance of the Contract Pnce to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4. When the Owner has satisfied the conditions of Paragraph 3. the Surety shall promptly and at the Surety's expense take one of the following actions: 4 1. Arrange for the Contractor. w ith consent of the Ow ner. to perform and complete the Construction Contract: or 4.2. Undertake to perform and complete the Construction Contract itself. through its agents or through independent contractors: or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and com- pletion of the Construction Contract. arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence. to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract. and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of Contract Price incurred by the Ow ner resulting from the Contractor's default: or 4 4 Waive us right to perform and complete. arrange for completion. or obtain a new contractor and with reasonable promptness under the circumstances: 1. After investigation. determine the amount for which it may be liable to the Ow ner and. as soon as practicable after the amount is determined. tender payment therefor to the Owner: or 2. Deny liability in whole or in part and notify the Owner citing reasons therefor 5. If the Surety does not proceed as provided in Paragraph 4 with reason- able promptness. the Surety shall he deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond. and the Ow ner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4.4. and the Ow ner refuses the payment tendered or the Surety has denied liability. rn whole or in part. without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6. After the Owner has terminated the Contractor's right to complete the Construction Contract. and if the Surety elects to act under Subparagraph 4.1.4. or 4.3 above. then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract. and the responsibilities of the Owner to the Surety shall not be greater than those of the Ow ner under the Construction Contract. To the limit of the amount of this Bond. but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for 6.1. The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract: 6.2. .Additional legal. design professional and delay costs resulting from the Contractor's Default. and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3. Liquidated damages. or if no liquidated damages are specified in the Construction Contract. actual damages caused by delayed performance or non - performance of the Contractor. 7. The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract. and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs. executors. administrators, or successors. 8 The Surety hereby waives notice of any change, including changes of time. to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Any proceeding, legal or equitable. under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased work- ing or within two years after the Surety refuses or fads to perform its obligations under this Bond. whichever occurs first. If the provisions of this Paragraph are void or prohibited by law. the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 10. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond 12. Definitions. 12.1. Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made. including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for dam- ages to which the Contractor is entitled. reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page. including all Contract Documents and changes thereto. 12.3. Contractor Default: Failure of the Contractor. w hich has neither been remedied nor waived. to perform or otherwise to comply with the terms of the Construction Contract. 12.4. Owner Default: Failure of the Owner. which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): CBIC CONTRACTORS BONDING AND INSURANCE COMPANY KNOW ALL BY THESE PRESENTS, That, we, Witness: Attest: BndCPPPA1- TX062290 k (If Individual or Firm) (If Corporation) PERFORMANCE BOND (McGregor Act - Public Works) Texas COR CONSTRUCTION CO., INC. Bond No. TX1705 Texas: 122 West Carpenter Fwy. Suite 490 Irving, TX 75039 (214)717-0116, (800)873-CBIC (214)717 -1626 FAX (hereinafter called the Principal), as Principal, and CONTRACTORS BONDING AND INSURANCE COMPANY ( "CBIC'), a corporation, organized and existing under the laws of the State of Washington, with its principal office in the City of Seattle, Washington, and authorized and admitted to do business in the State of Texas and licensed by the State of Texas to execute bonds (hereinafter called the Surety), as Surety, are held and firmly • bound unto CITY OF ROUND ROCK (hereinafter called the Obligee) in the amount of Eighty nine thousand six hundred fifty and no /100 Dollars, 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 26th day of July ,19 93 , to wit: West wastewater treatment plant sludge pumping improvements 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, and all liabilities on 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 and Surety have signed and sealed this instrument this 26th day of July , 19 93 . COR CONSTRUCTION CO., INC. (Seal) J 1 /J (Seal) CONT %3 �S / 1 1 : SURANCE COMPANY (Seal) Attorney -in -Fact Clark D. Fres'i�er (Seal) (Seal) •a�• ;:t • c�� • ;.'•_`;.; 41MI7ED �'(f1AlEAi FiiTT E QKyBY:v ; {,.r� { r ,tr�ti• {:51r,;.,:r.•�; .•:.els,': eR pMt'o�5 iAdt sct;YV iINCE tMPAN IS S O � 'ffQ A THg: ' ONii:ti dfi�D AS''Ip, It tO TiEAm9U SET.FbnTH Y. T VU NITE NB1t UN, E ( E{ R TM f`E V aD oci ! lroCr' ii W E7 A p O A 7T, O l iN E &LL O NTNACEOfls d ,rif�p Nt1i } elpA(, FIAFI,6E �1 N'I ttVN SAS ( 461 h J 2 NT T0 , ;; • ;.ije,•: Fr. •;. . ".4: r.t:nV 3:'a� I ° f YF, w;,Yj•14 i. nV4.7 :}' 'S • ?! T a jivy rtl, endr�lbr.;�.�OyJ: u m,3 ",' , ' , 11 ' .. '•',aioyndyr�y • •,:'i' :X ! �'+ r:o. ,, ( it ar•.,5 , g I u oyiera Ije rf„1. Ir•e 94i t,, *A" .�• I ". 1'':`.F.••t; ::�iTl /f;719i'S•,L::'t �2 't: ".• +� }S` +••7�': �'•' 117�AypYelib'dj i, yi. �7u,' {J,!I: f4 T" . •' �.,r' P G I ' ?, t ' #dber#:�:`••�'afiii�i'lftTi? i9 d ' pRf O i TR C•T,10Nt`.T [j .i3 't #' i ?e i'i: t` 1': f) .i'.,.. ; � �5:,1� 1OT)TDU(.Lt,::;l.,a : at.•r;r:L'S4:^ t,p Sri)`:': „lid• , . :iC•'.. •. • , ;VE:04AST WA :. ' ; t.. t .rt.' 'I F j . j r . lt t nn. .r�y.�.er: •<. ,. n , � �v� ":� "r: :a {:t „j'y;'t,':uici '� +� " "(:�•af ti '_;ii;;;,�s:+�.:.,t!Yx,�•�i;r, • $;,'�,.�� « :'t:;:lri-�::; ,:A1/. iza � y. .,P.gyllii ii' �fi t " :,'q' .: ?,' , }'7';4 a� „Y` :1ui� �jeii':+',SI " •,ya' ! i� <. Y, i, i7r'J : ^'• `', -r ice. t ... i w;,..... ,:+: ” '�',( ". �tl�1ll "•R�1ii'K 1 :IEXA •li `tm•r'f}i'a'._f.;,��.ttt,Vi��. jai. ,�'1 } ;,ry�'ibe.:i•- :st'!. t ,,g,;L'¢p:Iionl('Apgleabieji�S •: : i +,�, HNDWALL MEN BY THESE PRESENTSthetCONTRACr:EWLI GAID INSIIIANCE M poNlon��aalI�y qqee endMallnpunderMe `" aAN fV'I'oN yoXIF hlny i r 'l "X ,end hevinne5principel din HSVelb,MrgCOUNy,Weshingbces n,d byNssePresets mnks,consliute end omelet �L BC a D, t'KE R d It) true end held aHansyinlad,wth lull power endeulhodty hereby conferred In Is mne ,pine ndeleed,b pancake" end denser He bonde) daubed above end to bind the Company thereby as fully end to the mime odenl es 1 animal) bold was stoned by Me President, sealed MIMI*capondiiaeld&Comany end duly Vested by91Seaalayl herebyrelifying end confirming el Ihd IM saiirlyiln 9 3 may do In Ile prenba.Saki appointment Is made under end W aulhaity oftbe lclowingrosdWbns edcplsd bytbe Bcerd of Died. lcONTMCTOBS BOBBINS AND NSURANCE COMPANY on // RISOLVEDIhel tMReaidenl bedhetleedlo appoint eeeaanvyJMM allheDempemy CLARK D, FRESHER w ahpowerendealhairyloaignonbehai of the Company those suety bonds which may from limb one beepproved by Rebid E Bleckbun, In such penal Bums end sem/drg to such wndelono es nary beppneved by Rood EBleckbrn. REEDLVED FURRIER Hut eget Power olAHanry mud sal fort h the specific description of the bond lo which N applies, the nem. olti eprincipal,Hw name of IM obligee, the pond sum, the bond number (except for a bid bond whom there Is no nether), the Identify; no numberd IM elanayfMM,lheldentlyingnumber of %Poser dNtorreyond the nen. end signaiunof Robert E Blackburn; and may set forth the dts hen end amount of edddional reinsurence acalnlerot Reny. RBSOLVEDFURf NER the Robed EfNoclibum is authorized to abbIsh a specific expiraten &eta the Power olAlomoy end to modlythst deb Iron lime to line aRobet EBIechW r ndenro nxoaory M his ode discretion; IM epplable s:dragon delete be clearly sot fait In enywnilten Power of Moron. VEDFUR&HERthat,eaapt es otherwise provided in the Mmedietdya ono under nedleumetene L o ge) IMaNsdem rount e aa l,podosmence,mNation myo. yn�nl end pefomanoe bond Be, a ab: men. end payment n a ent obligation in ono bond leen) ,hoexceed51,250p00R the bond It gueredeed Seel Business Mminbtretion; lb) the panel sum of any bond not guaranteed by the SmallBusIness Administmtion /other then a bid bord which la further restricted bydeine (c)) coed f2$SO,CORend(c)eddbondwhichIs nalguereneedbytheBmatiBusines s Mminbbalbn be Decided for slob whore, Rl Mcontract b °wended, the bond pushy on any wham. nos bond, pope nt bed, or combination performance end payment bond (Le, a performance end peyrant obligation in one bond lam) to be mauled pursuant to IMbd bond b to *iced 9 2 , 250 P 00 . RESOLVED FURTHER that the above nemedAtroray b granted power end authority tomcod the @policabb pond lmite eat forth IntMkmn dbhlyprecede) nook:nenla any bond In an amount equal to 1M mount of any additional reinsurance or of ern cesh,bll or credit orethe security received es cdiehrel security by Ihe Company., inducement to lases IM bond, so 'ono as the description end amount of additional reinsurance aeollatvrel ere sit firth in IM Power el Maw. RESOLVED FURTHER thee the eWhortty el IN Smeary ellin Cowpony he Wiry IMeutMnitcltyend elediesnna Oho Iageing raolWbm b any Linld Power dManey b lersby delspoled tone following person, the signature of the blowing to bind Me Company weh reaped to the authenticity and effettheness °Mt (ongoing resoWlons es H stoned by the Secretary ce the Company:RoodE . Blackburn RESOLVED HATCHER Ihel the signature (indudmg cedd0dion then tMPaen of Attorney's Ville forward effect) of Robert EBleckbum end Nohry PuNk,and tie caporeh end Nolan seals appearing on alryUrdledPowerofAHanoywnhhing this Ind the fencing resolutions nwenesHwUmded Power olMomey half lewd! a Astremmbsion, meybebylecslmic end such LlmitedPoxerdAnorney shell be deemed en original in all needs. RESOLVED FORMER that en redefine elptd priori° tndey appointing the oboes nand es elaayln•lect bon IMCompany or. hereby superesded. IN WRNE99 WIIEyEOFyOrLTRACTORS BONDING AND INSURANCE COMPANY fess messed Bess pmaenb b be signed by Robed E. Dleckban, end its corporate sad to be fesrel al fized 1 // VV 99 �� JJ mess �GCAND 1p�h ;g SEAL Y; 'r rta ° � ' x1 97 l F1 9 '� %° gsN On 1 /0 4/93 personally appeared Robert E. Blackburn, to me kObemlWC;a representative of the corporation that executed the foregoing Limited Powor of Attorney and acknowledged said Limned Power of Attorney to be the free and voluntary attend dwd of said corporation, for the uses and purposes therein mentioned, and on oath stated that they ore authorized to ecocide the said Limited Power of Attorney. Bp Robert E. Ixkburn STATE OF TEXAS— COUNTY OF DALLAS IN WITNESS WHEREOF, I have hereuntQ, ra,. hand an,e .mrM.+.,, f1boeI oe.t CONTRACTORS BONDING AND INSURANCE COMPANY I31131A l�y BB MEMO "° w C 044r 10 -18 -94 day end year Iirat above written, —, . , C.-, 6.-i -e'c- t —i-li_< Notary Public In and forth. late of Texas The underelgned, acting under euthoril o f the Board of Directors of of CO� B BONDING AND INSURANCE COMPANY, hereby certiMs, es or in lieu of Certificate of the 9ecretery of CONTRACTORS BONDING AND INSURANCE COMPANY, that the above and foregoing Is a full, true end correct copy of the Original Power of Attorney Issued by said Company, and does hereby further certify that the sold Power of Attorney Is st111 In fora and effect GIVENundormyyy hand, etlrv1n�. �X this 26 dayaf JUL Ig 93 �' I// � AlO(0929g7) Any singular reference to Contractor, Surety. Owner or other party shall be considered plural where applicable. OWNER (Name and Address): I CITY OF ROUND ROCK 221 E. Main Round Rock TX 78664 M 1 1 1 1 1 1 CONTRACTOR (Name and Address): COR CONSTRUCTION CO., INC. P.O. Box 460001 San Antonio TX 78246 CONSTRUCTION CONTRACT Date: Amount: $89,650.00 Description (Name and Location): BOND Date (Not earlier than Construction Contract Date): Amount: $89,650.00 Modifications to this Bond Form: CONTRACTOR AS PR NCIPAL Company: COR S R H CT Signature: �Q Name and Title: CONTRACTOR AS PRINCIPAL Company: Signature: Name and Title: Construction Performance Bond SURETY (Name and Principal Place of Business): CONTRACTORS BONDING & INSURANCE COMPANY P.O. Box 9271 Seattle WA 98109 -0271 West wastewater treatment plant sludge pumping improvements N CO. , INcorp. Seal) C, 7 -26 -93 SURETY (Corp. Seal) Company: SURETY CONTRACTORS BONDING & INSURANCE COMPANY Company: - (Corp. Seal) / / Signature• A ' Name and Title: Diane Matthews; Attorney-in-Fact (Corp. Seal) Signature. Name and Title: EJCDC No. 1910 -28A (1984 Edition) Prepared through the joint efforts of The Surety Association of Amenca. Engineers' Joint Contract Documents Committee, The Associated General Contractors of Arlierica. and the American Institute of Architects. _ .: <,'3 ;deQ•,° 1°IMITatiTifWEd,O,AT70HryEY: ,i •,:a tyt: ••;.:a,: ?o`'' it i ia ,.: .iC •�;r,7.;tir rr r ., ve' ,;na! h •F +'t i. •; af'.� „ r M.: ` ` •'` Cx�'�', ° •y:'a;r.�':,IQ F1�4d.CAR� ;':i:� .��:d�•..c ,; "�y; ^ %�tiadi.:,;t,, •�• . ,es.•� BO NN CTOO, S90NDINtAN0INSURANCECOMPANY ISRE$ PONSSBLE THE BONDDEBCPIBED AND UpTO •T TS 1la Ai�fU NE T,FO RTN , IN TtIIS LIMITED POWER,OF ATTORNEY: ANY ERASURE WILL VOI D, THI Spc ! FL Of ATTORNE'15'IFYOU•HAVE'ANY QUESTIDNS'ABOUT OR W ANT TO •:` VEgIF,1�S ISPOWE�IOFATTOPyiYCALLCONjRAC70 RAt3CECOMPAI INC�7E ><A 844 a „ •� - • ^ ' x. d '.'evi •.j T� a �I",i ... '.J i'S iv , l4 .i�.. '. :iyY.a 1 w'k:•. r " }�a.4 . 74 ? f � l > iSa; xa.ra�i ; : 3 ,r � x ` : m '$'8'91 1 ;7 7 42; ,05.:.. Pena SU S, .i.6 > 'AllornBYNo, ,'TX,f''d.b Power lVd..;sT 3 .� r,l� DdhdFlb, � �' Limped,Pu iliel,oiA1lbr '�y`,�",P,ire' ` /,�2 � $.^ ,�9 , • >, x •s ??c >�� <Daje9DPro�Ged�,; .- 7/26,19 y,s, r 7. ay s ri sal• - ;, • a�rY .... ;,�;; ),:, a.'':}„ AP, : dveney:•=i .i/ � � -.,. •I : .<:, §..<`.;� R ° Sea' tAlA0k11uIT, °4 `• "9i tin s:';,;. •�;vu�s:� ,a�> y ..., .,,..,,..,_• . '',cis,''' , �, -' ' f PAY a '' '. ' . '•• :.mss, +::;.is�� � . Oti3�R:UCT•I 0 I C game ei le :NS (' 6'. }i. ..;`,�'., •.�:(, :`• .:; }:'T<.,, ,,. A':`.'k' »'. :�. Nam e'o1Oh,,,,er:0 I 1 Y• ; '23;:,o)y (sir:: ' `• < 1 a.. •• ": + ^t ' .' ox •p 1*7pA T 47A rER- TAk AT14EN9;, }', LAN' 1:+. S LUllCE , >PUMPIAG,%IMP,Srd,•;t,.t KOVEME'N'1:S; ',,•, a,,. 5,:,' •:a;vN „o ',„ . to4l10 tPP.liFeble): • ± fi • t 1 t ! 1 B � : :i:',w� , ::r 3i.,, ,.. .':�R• KATNIALL MEN BY THESE PRBEENTSMet CONTRACTORS BONDING AAD INSURANCE W PA Y,e rdim du�y n'wd end aiding under Me lees oitho9let reined hewng, Hs rindpol office In SeeapHingCounty,Washingon,does by these enmesh rroke,condiateend almond D MATTxir wS d AN Ar TON 1 x 1 it, true end lawful eeorney- IMed,wthfull power end edhonty hereby lonfor ad in its nome,pNoierd et.od,b azute,ocknowledge end d e r m a . t . bond(s) daabed show, and b bind theCompeny thereby es Tully end to the same adent esd wohsuch bond was signed by the President, sated with the wponh seal of tie Company end duty attested by daSYCratay;henbyratifying end confirming eglhd the sad etturneWmfect nydoin the premba,Soidappointment h weds undorend by authority of the fdlowingrudutcne adopted by Ile Board of Dreclon d CONMACTOHS BONDING AND INSURANCE COMPANY an 1/04/93 i93 RESOLVEDthd the President is euthorind to appoint esettorney.inred abbe Company DIANE MATTHEWS with pomrend.ulhadyto sign onbehalf of t e Companythose suety bonds which sooty from time to time be improved by Rood E Blackban, In etch panel sums end ...ardng to suchwnddioro a may be *matured by Mort E Blenkbum. RESOLVEDRIRTHEltbet oath Power of Attorney must aat forth IN. apeafic dexnplion ofMObordtowhia H apple; Me name al the principal, the name d tbe obligee, the penal sum, the bond number (. eptfore bid bond whorethee Is no number), the identifying number the eHCmayiohd,theIdenldying number of the Poser olAnomey, end the nom. end signature ofRobert E Bookbern; end may sat lath tiedaasion end amount of !damns' ndrourene or cotenant, deny. RESOLVEDFURDIERthat Robed EBlecibumiseuthor ®dbestebisha specific wham delefaMoPowerol Attorney end to modfythetdeh from bmab tine es Robert EBhckburndeems necessary In his solo discretion; He eppiwbNsxpirehon dehtobe clearly set Ion In any seen Pones elAllornay. RESDLVEDRIRTHER1heLaceptet oHerwiseprovide&the immedetely succeeding resolution, under no circumstances shall:hal lie conked amounllor errybid,peymenAperlormance,er combination payment end performs roe bind (se., e performance end paymentobigelion in one bond form) exceed 51,250/X0ff thebord Is guaranteed bytile Smell Busine oAdmimdntion; (b) the penal sum of any bond not guerenteed bythe Ernellguaineeskininistrobol (otber thane bid bond which hludherrestrided ty dens) Mho:towM57,250,0A end (c)e bid bond which is not guannteedbythoSnall Business Administration be executed for fob whereat the contnd is axaded, the bond penalty on enyperformance bond, payment bond, or combinetcn pdormer. and payment bond Oa, e performance end paymentobigeton In one hoed lam) to be mooted summit to the bid bond's to esed$2,250,000. RESOLVED FURTHER Met the above nenedAtloney b granted power end authority to exceed the amicable panel lim'ds set !cell In the immediately pricedng resolution for any bond in en amount *gust to the amount of any additional reinsurance or d eny cosh, Nter of add or other security resolved es cdlehnl security by the Company es inducement to Issue Its bond so long oa the description end amount of additional ndnsurence acolbtenlere set tadh in IM Power dAltorney RESOWEDFUTTfHERIhd IM authority d IheSeentery d the Coupe rryb caddy tbeeutbenlalyend effectiveness of the foregoing resnlutioro h eryLimdd Power dAHanay is herebydolegoted to the Missing peso n,Me signature si te following to bled the Company nth respctto the eut.nboty end eHadiveress °R ho lavgoing resolution, a d signed by the Secretory of the Company: Robed E. Bleckbum RESOLVEDFIIRTHERMel the 'annum (molding certd'cdion that the Poser ofAttorney's still Inforweed *Heed) of Robert EEIackbum and Notary Pubfc, end the common end Notary soots appearing on onyUmled Power ofAttaneyconteiningthis end lhefongmrrg nsolulimaes sell esteUmdd Poser olAaorneyrtsoll wales islrnromlssim,meybebyfecsimie; end such UmitedPowerof Aaorney shell be deemed en original In en, aspects. RESOLVED FURTHER Met ell resolutions adopted pnorto today eppofntingIbe above named es attorney-Infect or the Company ere herby superseded. IN WITNESS WHEREOt; COt•LTRACTOR9 BONDING AND INSURANCE COMPANY has mused these presents to be signed by Acbert E. Blackburn, end its corporate seal to be hereto affixed 1 / U 4 / 9.5 CONTRACTORS BONDING AND INSURANCE COMPANY * \N G AND /ryf / / /I�a�4,--- ,~, it gy; _' —Tg PPOR�� Rty rs Robert E. lackburn t o • F W SEAL 1E1 s 4 3 •• Ig 7g : : . 1 let On pss appeared Robert E. Blackbum,ta meliildNTlta fie e representative of the corporation that executed the foregoing Limited Power of Attorney and acknowledged said Limited Power of Attorney to be the fresend voluntary act and deed of said corporation. for the uses and purpose* therein mentioned, and on oath dated that they are authorized to execute the said Limited Power of Attorney. STATE OF TEXAS— COUNTY OF DALLAS IN WITNESS WHEREOF, I have hereon Notary Public in and for the tate of Texas The undersigned, looting under authority of the Board of Directors of CONTRACTORS BONDING AND INSURANCE PANY, hereby certifies, as or In lino of Certificate Witte 9ec»tary of CONTRACTORS BONDING AND INSURANCE COMPANY, thatthe oboes and foregoing is a full, true and correct copy of the Original Power of Attorney issued by said Company, and does hereby further certify that the said Power of Attorney 1, still In force end effect. GIVEN under hand X this 26 day of JUL 19 93 /.fX I - - - -I .--• A10(082303) u FROM RUBIOLA. BLAIR �:avoiten �� PRODUCEq RUBIOLA, BLAIR & ASSOCIATES, INC. P.O. BOX 100226 SAN ANTONIO TX 78201 -1526 (210) 525 -0500 " MIMED COR CONSTRUCTION CO. INC. P. 0. BOX 460001 SAN ANTONIO TX 78246 GEN ER41 LLA8 tJTY COMMERCIAL CI NESAL UASKITY CLAIMS MADE © OCCUR OWHEITG S OM Ri.(,TDRS PRL r GARAGE LIABRJTY ANT AUTO EIRFss ussIUTY uM13Reu FORM OTHER THAN UMBRELLA FORM WORR•EM COMPcISAftOIT ANo EMPLOYERS WSAITY THE PROPREIDW FARTNERSISCECUME OFFIC Ai¢; NO. D CL BA2270302A 03/01/93 E ID AUTOMoBGE UANuTY AMA= © ALL OWNED AUTOS sa4EwltvAUTns ,,RED AUTOS E3 pioNzw CP2270302 TSF11159700 Numat 03/09/93 03/09/94 03/01/94 05/14/94 GALA OAELIATE MODUCIS•O'AMPAWADO s 100000 N 100000 D 100000 s 100000 s 5000 CCIAMEDSNG �no �L YMJURr 4meea19 PITYCAM ;cotter T M AUID ONLY• EA ACO C9r MAN AUTO ONLY: T AOCOM AGOREGATE EACN coCURRINcE AGGREGATE EACH CH ACrODerT DISEASE • MUM LRA T DISEASE• EA04 EMPLOYEE s 6 100000. 6 S s r s 10000 50000 s 10000 D THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE a TO D E l „,: E FOR t N ;Y � ° E DICA E MAY TH rANDI OR ANY REQUIREMENT, , TERM OR count ION OF ANY oNTRA � THE INSURED CAMEO ABOVE SS THE POLICY WHI H THIS EXCLUSIONS AND 88 ISS O DS O R SUCH RTAIN T E I BANCE AFFORDED E SC UIM �3E� WITH R � P � TO I� �S8 POCCIES DESCRIBD HEREIN IS SU6¢C'T TO ALL THE TERMS, k R T PscPC E PoLimmaAMM OATS isimeorey) DATE (MM/DD/YTY1 z s GENERAL ��� ,ATENKTIO/n) "' OS 20 93 THIS CERTIFICATE I5 ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS No RIGHTS UPON THE CERTIFICATE DOES NOT ALT TTH THIS AFFORDED BY THE PO BE LOW. COMPANIES AFFORDING COVERAGE O:TMPAM A GENERAL INS. CO. OF AMERICA SAFECO 6 FIRST NAT'L INS CO OF AMERICA —SAPEC =MAW C TEXAS WORKERS' COMP. INS° FUND mmvpff D ZURICH AMERICAN LLOYDS INSURANCE CO. J IONSITCyE FOLICYIDPIMTWN LIMITS + :u >;, a sy ec� WOULD say rs zti• ME A9OYE oESCINBED POLIOF3 BE CMCEjLm S(30RE ME EJB7MncM ,ATE TRFR[OF, THE rssum8 COMPANY WnL QFmPAYOf0XX MAa ELL sus *win( NOTICE TO THE CERfRCATE HOLDER NAME, TD THE LEFT, itomsamtaxxa csurematimoisaxattosionowasziffmo tt u m BAXAYAfATRAXNE7dckAMMON ... RAXICOTNIXBRAFTADSKONC AISX A UTilw om OTHER BUILDERS RISK OElCRIPnoc GF OPERAnorSAAL•Anommilicum w m RE: WEST WASTEWATER TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS; CITY OF ROUND ROCK IS ADDED AS ADDITIONAL INSURED CITY OF ROUND ROCK PUBLIC WORKS DEPT. 221 E. MAIN ROUND ROCK, TX 78664 C000191 —N {FRI108. 20' 93 16:35/ST. 16:34/N0.3560157798 P 1/1 08/20/93 08/20/94 COMPLETED VALUE 888,000 1 1 1 1 1 FROM- RUBIOLA, BLAIR MTOMMI R17BIOLA, BLAIR & ASSOCIATES, INC. P.O. BOX 100226 SAN ANTONIO TX 78201 -1526 (210) 525 -0500 MURES COR CONSTRUCTION CO. INC. P. 0. BOX 460001 SAN ANTONIO TX 78246 CITY OF ROUND ROCK ' PUBLIC WORKS DEPT. 221 E. MAIN ROUND ROCK, TX 78664 R ` (TUE) 08. 10' 93 09:29/ST. 09: 28/NO. 3560157356 P 2 ^: fi ✓" �. ""�' � }'yf.! 4'e°" ° b' I; �" xt. '"t,'�'3n'�Nll'4',.. �'4f: r �. 3: "�"'�� " ^c v. Er .... ..,.1 z: Bf.Y.. ,.... n .i/x's%isWi:q. J ^; .. t,;.., .., - Y: .... rn A THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONWRON OF ANY CONTRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERRFTCATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY THE POUOES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH PCUCIES. UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS DENERALI7AINUTY X ASITOMO&LE ANYAIM _ ALLOWED AUTOS SCHEDULED/Wm X MOM Anus X NaMowmEDmons =RAGE LAITSUT1 ANTafD BLUES U46NftY UMBRELLA A FORM 07}151 THAN UMBiE US FORM RORKER9 COMPFi15AnawAMD ORMOYERM MAINLY THE MIOMTETOW PARTNEMMECECOVE D OTHER TYPE OF IN6UnAnCE COh4v£AOAL GENERAL UAaITY (MAMAS MADE © Omni CMIN M &CONLRAMMSPROT R' E7CCL CP2270302 POLICYhUMBER BA2270302A TSF11159700 PU[ICTEFFECTIVE DATE LMMI6W T1 03/09/93 03/01/93 05/14/93 POUREXPITIM1ON DATE ORFOOryp 03/09/94 03/01/94 05/14/94 GEET1ALAGGReZATE PAOGIL'TS;. LbMWOP AGG PETGONALS,AOYIN URy EACH OCCUR:03 CE H E 17AAME WnaPe ITR RED EJF (MYans PM6oN CCMBINED?r+GLEU pr 6 BODILY NARY Perparsort BOOILY I?LURY ear aseklang PHOPERITONMGE AUTO ONLY- EA AW03TT MHMIMN AUmONLr: EACH OCCURRENCE AGGRWATE PIESCrOFMCM OFOPEEXMION6AOCATIDMNEHICLERSPECIAL RE: WEST WASTEWATXBR TREATMENT PLANT SLUDGE PUMPING IMPROVEMENTS mans Each' AcooBTT AOaIRE6ATE 6TATUTORYUMrTs EACH ACC1OE T 6 100000 s 100000 s 100000 6 100000 6 5000 6 6 6 6 500 1 00000 10000 OITEASE- PLwCYUMIT 6 50000 DsEASE. EACH EMPLOYEE 6 10000 suomamoocummomoommmomucmcmomammommmEwm smarm PM# TNFi>Lor, THE I6SBBIG CGMPANT RILL G153fd48CUPdC MAIL ,6.0_ OM Imre( NOTICE TO THE OFARFKATE H0U1f1 NAMED To THE OFF. BUT FAILURE To mat sow 60770E sHAIL muse ND OBUPATO11 OA UAE6ITY OF MT Imo MPON THE CalPA1R Rs PDPRE6FFTATIYER BATEOSN/00/YT7 08 09 93 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND END OR ALTER THE COVERAGE AFFORDED BY THE POLI MEND BELOW. COMPANY COMPANIES AFFORDING COVERAGE A GENERAL INS. CO. OF AFRICA CSAFECO) COMPANI B FIRST NAT 'L INS CO OF AMERICA —SAFEC comPANY C TEXAS WORKERS" COMP. INS. FUND conDANY D M 1 1 1 1 1 1 1 1. The Contractor and the Surety, jointly and severally, bind themselves. their heirs, executors, administrators. successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the perfor- mance of the Construction Contract, which is incorporated herein by reference. • 2. With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1. Promptly makes payment, directly or indirectly. for all sums due Claimants. and 2.2. Defends, indemnifies and holds harmless the Owner from all claims. demands. liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contract. provided the Owner has promptly notified the Contractor and the Surety (at the address described in Para- graph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands. liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3. With respect to Claimants. this obligation shall be null and void if the Contractor promptly makes payment. directly or indirectly. for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1. Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof. to the Owner. stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2. Claimants who do not have a direct contract with the Contractor: 1. Have furnished wntten notice to the Contractor and sent a copy, or notice thereof, to the Owner. within 90 days after having last performed labor or last furnished materials or equip- ment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed: and 2. Have either received a rejection in whole or in part from the Contractor. or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly: and 3. Not having been paid within the above 30 days. have sent a wntten notice to the Surety (at the address described in Para- graph 12) and sent a copy, or notice thereof. to the Owner. stating that a claim is being made under this Bond and enclosing a copy of the previous wntten notice furnished to the Con- tractor. 5. If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6. When the Claimant has satisfied the conditions of Paragraph 4. the Surety shall promptly and at the Surety's expense take the following actions: 6.1. Send an answer to the Claimant. with a copy to the Owner, within 45 days after receipt of the claim. stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2. Pay or arrange for payment of any undisputed amounts. 7. The Surety's total obligation shall not exceed the amount of this Bond. and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims. if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Con- tractor and the Surety under this Bond. subject to the Owner's priority to use the funds for the completion of the work. 9. The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Con- tract. The Owner shall not be liable for pay ment of any costs or expenses of any Claimant under this Bond. and shall have under this Bond no obligations to makc payments to. give notices on behalf of. or otherwise have obligations to Claimants under this Bond. 10. The Surety hereby waives notice of any change. including changes of time, to the Construction Contract or to related subcontracts. purchase orders and other obligations. 1 I. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (I) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2 (ui), or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of 11) or12) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the junsdiction of the suit shall be applicable. 2. Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature pace. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished. shall be sufficient compliance as of the date received at the address show n on the signature page. 13. When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed. any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and pro, isions con- forming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is. that this Bond shall be construed as a statutory bond and not as a common law bond. 14. Upon request by any person or entity appeanng to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15. DEFINITIONS 15.1. Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor. materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, matenals or equipment" that pan of water, gas. power, light. heat. oil. gasoline. telephone service or rental equipment used in the Construction Contract. architec- tural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors. and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor. matenals or equipment were furnished. 15.2. Construction Contract: The agreement between the Owner and the Contractor identified on the signature page. including all Contract Documents and changes thereto. 15.3. Owner Default: Failure of the Owner, which has neither been remedied nor waived. to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (FOR INFORMATION ONLY —Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): WHEREAS, the City of Round Rock has duly advertised for bids for the West Wastewater Treatment Plant Sludge Pumping Improvements, and WHEREAS, COR Construction, Inc. has submitted the lowest and best bid, and , WHEREAS, the City Council wishes to accept the bid of COR Construction, Inc., Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with COR Construction, Inc. for the West Wastewater Treatment Plant Sludge Pumping Improvements. RESOLVED this 20th day of July, 1993. ATTEST: ICS/RESOLUTION RS072038 d RESOLUTION NO. R 13-07-0W- ` G CHARLES CULPE P Mayor City of Round Roc , Texas THE CITY OF ROUND ROCK BIDS EXTENDED AND PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. BY : Round Rock, Texas 78664 DATE : (512) 218 -5555 BID TABULATION SHEET CHECKED Steve Miller / L. Kumar 7/13/93 1 of 2 CONTRACT : WEST WASTEWATER TREATMENT BIDDERS PLANT SLUDGE PUMPING IMPROVEMENT LOCATION : City Hall, Council Chambers COR Construction Co. Inc. Bid Bond: Yes Water Treatment Construction Co. Bid Bond: Yes Payton Construction Inc. Bid Bond: Yes Reddico Construction Co. Inc. Bid Bond: Yes DATE: 7/13/93 TIME: 2:00 p.m. ITEM UNIT APPRO QTY. UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. Base bid for Construction of the 1 $88,400 $88,784 $103,000 $104,254 •I Project. 2. Additive bid for Trench Safety Protection L.F. 100 $12.50 $1,250 $55.00 $5,500 $7.50 $750 $2.00 $200 TOTAL: $89,650 $94,284 $103,750 $104,454 wwtpstdg/bidtab THE CITY OF ROUND ROCK BIDS EXTENDED PUBLIC WORKS DEPARTMENT 2008 Enterprise Dr. BY : Round Rock, Texas 78664 DATE : (512) 218 -5555 BID TABULATION SHEET: AND CHECKED Steve Miller / L. Kumar 7/13/93 2 of 2 CONTRACT : WEST WASTEWATER TREATMENT BIDDERS PLANT SLUDGE PUMPING IMPROVEMENT LOCATION : City Hall, Council Chambers Jezek Construction Co. Inc. Bid Bond: Yes Tex High Sierra Corp. Bid Bond: Yes Jenkins & Company Bid Bond: Yes DATE: 7/13/93 TIME: 2:00 p.m. ITEM UNIT APPRO QTY. UNIT PRICE COST UNIT PRICE COST UNIT PRICE COST 1. Base bid for Construction of the 1 $104,300 $129,000 $135,000 Project. 2. Additive bid for Trench Safety Protection L.F. 100 $20.00 $2,000 $10.00 $1,000 $25.00 $2,500 TOTAL: $106,300 $130,000 $137,500 07/16/93 13:45 HDR ENGINEERING -4 ROUND ROCK PUBLI July 16, 1993 Mr. Steve Miller, P.E. Public Works Department City of Round Rock 2008 Enterprise Round Rock, Texas 78664 Reference: West Wastewater Treatment Mint Sludge Pumping Improvements' Dear Mr. Miller: We reviewed the bid tabulation and suppleme ta1 information from COR Construction Co., Inc. which you provided to us. We also contacted Mr. Dick Collins, P.E. of Southwest Engineers in Gonzales. Southwest is the engineering firm administering the construction contract for the City of Natalia Sewer Plant Improvements which COR is constructing. Mr. Collins indicated that COR is performing satisfactory work and has been very reasonable with negotiating change orders. The value of the Natalia work is approximately $100,000. Based on our review and the fact that COR Currently has a construction contract with the city, we recommend that the construction contract for the West Wastewater Treatment Plant Sludge Pumping improvements be awarded to COR Construction Co., Inc. for the total contract price of $89,650. Sincerely, HDR En • eering, Inc. J 4 4 4 ' i E. Duwain Whiffs, Jr. P.E. HDR Engineering, Inc. 3000 South IH 35 Telephone Suite 400 512 442 -8501 Austin, Texas 78704 N0.715 D02 DATE: July 16, 1993 SUBJECT: City Council Meeting, July 22, 1993 ITEM: 9E. Consider a resolution authorizing the Mayor to enter into a contract with COR Construction for West Wastewater Treatment Plant Sludge Pumping Improvements. STAFF RESOURCE PERSON: Jim Nuse STAFF RECOMMENDATION: The City received seven (7) bids on July 13, 1993. COR Construction Co., Inc. was the low bidder at $89,650.00. See attached bid tabulation. This project was previously bid on May 25, 1993. Based on engineer's, HDR, review of the low bidder's qualifications staff recommends contract award to COR Construction.