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R-98-07-23-10A4 - 7/23/1998RESOLUTION NO. R- 98- 07- 23 -10A4 WHEREAS, the City of Round Rock has duly advertised for bids for the additions and alterations to the Public Works Building at 2008 Enterprise Drive, and WHEREAS, Setpoint Builders, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Setpoinc Builders, 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 Setpoint Builders, Inc. for the additions and alterations to the Public Works Building at 2008 Enterprise Drive. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended, and the Act. ATTEST: RESOLVED this 23rd day of July, r /1 LAND, City Secretary X teVOCCSUISSOLTril \R8O721A4 A1710/ *mg CHARLES CULP PP R, Mayor City of Round Rock, Texas Bidder Base Bid Construction Days SetPoint Builders, Inc. P.O. Box 164262 Austin, TX 78712 -4262 $524,000.00 210 Primestore, Inc. 3003 Dawn Dr., Suite 105 Georgetown, TX 78628 $549,293.00 210 F.T. Woods Construction Services P.O. Box 122 Georgetown, TX 78627 -0122 $550,000.00 180 Pitt Building Co., Inc. 3580 Rocking J Rd. Round Rock, TX 78664 $554,750.00 150 CHASCO 16409 Bratton Lane Austin, TX 78680 $557,600.00 160 John King Inc. 3432 Greystone Dr., Suite 106 Austin, TX 78766 $584,084.00 120 ADDITIONS AND ALTERATIONS TO CITY OF ROUND ROCK PUBLIC WORKS BUILDING BID TABULATION July 14, 1998 eoeswrAB2 07/10/98 J,5:00 FAX 244 0237 AithilhA hillnU •.4 IU rubLJA, nuich grMit) • 26E11 Mania taw W. Pasts! acct. TX Marl Wks 02 240870 fa SU 214 420 aartmaddhescom sabetrasta■s■ mattembaza College Mail= Office Wee 42I3S Fax 409 1346 Val 3I IA 110226/. atorhealli Ch=1 Onatc.a■ oginkegaidtcczon laws Aka; AZA. othlraggekttosaso July 16, 1998 Mr_ Larry Madsen The City of Round Rock 2008 Enterprise Round Rock, TX Re: Additions and Alterations to The City of Round Rock Public Works Building Project No. 9808 Dear Mn Madsen, We have reviewed the bids received for the referenced project on July 14, 1998 and the qualifications of the low bidder. We recommend award of the Contract for Construction to SetPoint Builders, inc. of Austin, Texas, in the amount of $524,000.00. If you should have any questions or require additional information, please that free to contact me_ Sincerely, Michael E. Tibbetts, Alit, Principal 19102 DATE: July 17, 1998 SUBJECT: City Council Meeting - July 23, 1998 1 L E:M: 10.A.4. Consider a resolution authorizing the Mayor to execute a contract with Setpoint Builders, Inc. for the additions and alterations to the Public Works Building at 2008 Enterprise Dr. Six general contractors bid the project on July 14th with a range in price from $524,000.00 to $584,084.00. Setpoint Builders is the low bidder with $524,000.00. Mike Tibbetts of Arkitex Studio, architects for the project along with Larry Madsen of the city have reviewed the qualifications of Setpoint Builders and recommend their approval for the project. This project includes approximately 5,560 square feet of addition, as well as remodeling of the existing office space. Staff Resource Person: Jim Nuse, Public Works Director. Oc r: a r rsi— i t115 y -f /i.9 -t- AGREEMENT made as of the in the year On words, indicate day, month and year/ BETWEEN the Owner: (Name, address and other information) The City of Round Rock 221 E. Main Round Rock, Texas and the Contractor: Set Point Builders, Inc. (Name, address and other information) P.O. BOX 164262 Austin, Texas 78716 -4242 The Project is: (Name and location) Additions and Alterations 7.b City of Round Rock Public Works Building 2008 Enterprise Round Rock, Texas The Architect is: The Arki tex Studio, Inc, (Name, address and other information) 2505 Messick Loop W. Round Rock, Texas 78681 The Owner and Contractor agree as follows. 1997 E D I T I O N AIA DOCUMENT Standard Form of Agreement Between Owner and Contractor where the basis of payment is a STIPULATED SUM /7th day of August Nineteen hundred ninety eight Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ® 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of Its provisions without permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. WARNING: unlicensed phot toper ng violates U.S. copyright laws and will subject the violator to legal prosecution. 1 A101 -1997 This document has impor- tant legal consequences. Consultation with an attorney Is encouraged with respect to its completion or modification. AIA Document A201 -1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. I t � ®1997 AIA® AIA DOCUMENT A10T -1997 OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 I i ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of lhis Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representa- tions or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall 6.117 execuk. tba Mork described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to he the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall he the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the dale of this Agreement or, if applicable, state that the date will he fixed in a notice to proceed.) The date of commencement shall be fixed in a notice to proceed. If, prior to the commencement of the Work, the Owner requires time to file mortgages, mechan- ic's liens and other security interests, the Owner's time requirement shall be as follows: Unless the date of eonmencement is established by a notice to proceed issued by the Owner, the Contractor shall notify the Owner in writing not less than five days before commencing the Work to permit the timely filing of mortgages, r echanic's liens and other security interests. In no event shall work be commenced if Owner de w not issue written 3.2 The Contract Time shall be measured from the date of commencement. approval. 33 The Contractor shall achieve Substantial Completion of the entire Work not later than two o hundred ten (210) days from the date of commencement, or as follows: (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) Liquidated daneges: $150.00 per day. WARNING: Unitcwned photocopying violates US. copyright laws and will subject the violator to legal prmeMlon. ©1997 AIA® MA DOCUMENT A1011997 OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract. The Contract Sum shall be Five hundred twenty four thousand dollars Dollars ($524,000.00 ). subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by the Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.) 4.3 Unit prices, if any, are as follows: Foundation Unit Price Drilled and Underremned Footings(length of shaft only): Increased depth- for 24" piers add $50 /lf,deduct $0 30" piers add $60 /1f,deduct $0 36" piers add $70/1f, deduct $0 Case holes if water encountered at depth 5' below grade - for 24" piers, add $150 /pier 30" piers, add $200 /pier, 36" piers, add $250 /pier ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS �� 5.1.1 Based upon Applications for Payment submitted to the Archite�c�6yllie and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. and not disputed by Owner and/or Owner's lender. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: and Owner, and Architect issues a Certificate of Payment 5.1.3 Provided that an Application for Payment is received by the Architect not later than the 25th day of a month, the Owner shall make payment to the Contractor not later than the fifteenth (15th) day of the following month. If an Application for Payment is received by the Architect after the application date fixed above, pay- ment shall be made by the Owner not later than twenty (20) days after the Architect reedy etion for Payment. and Owner issues a ficate 5.1.4 Each Application for Payment Shall be based on the most recent schedule of values submit- ted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architectjlnay require. This schedule, unless objected to by the Arch shall be used as a basis for reviewing the Contractor's Applications for Payment. or Owner and Owner WARNING: Unlicensed photocopying'Eolmas US. copyright laws and will subject the violator to legal prosecution. 1 01997 AIA® AIA DOCUMENT A1014997 OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006.5292 i warrant 5.1.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to lh.r provisions of the Contract Documents, the amount of each progress pay- ment shall be computed as follows: .t Take that portion of the Contract Sum properly allocable to completed Work as deter- mined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of val- ues, less retainage of percent ( %). Pending final determi- nation of cost to the Owner of changes in the Work, amounts not in dispute shall be included as provided in Subparagraph 7.3.8 of AlA Document Azo1 -1997; .2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or. if approved- ia_adua ^ce hl t ( "mer, c locatiotragreed error-ill-writing} less retainage of fiv percent ( 5 %); .3 Subtract the aggregate of previous payments made by the Owner; and .4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of Ald/Document Azot - 1997. or owner 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: .1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total pay- ments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagraph 9.8.5 of AlA Document it2o1-5997 requires release of applicable retainage upon Substantial Completion of Work With consent of surety, ,f any.) .2 Add, if final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document Azo1 -1997. 5.1.8 Peete ... , .• .. (If it is intended, prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in Clauses 5.1.6.5 and 5.1.6.z above, and this is not explained elsewhere in the Contract Documents, insert here provisions for suck reduction or limitation.) 5.1.9 Except with the Owner's prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when: .1 the Contractor has fully performed the Contract texecp../^ ="a! ^^t. r a t vi1 ;1- .. W rk .id to satisfy other requirements, if any, which extend beyond final payment; and .z a final Certificate for Payment has been issued by the Architect. WARNING: UnRcetmed photocopying violates US. copyright laws and MO subject the violator to legal prosecution. 1 0leer AIA® MA DOCUMENT A101 -1997 OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 1 i 51.2 The Owner's final payment to the Contractor shall be made no later than 3o days after the issuance of the Architect's final Certificate for Payment, or as follows: Defects in the Work discovered prior to final payment shall be treated as non — �,��c�on77formming Work and shall be corrected by the Contractor prior to final payment ARTICLE TAI r t OV�SIIS • 6.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document Azo1 -t997. 6.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201 -1997. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201 -1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payments due and unpaid under the Contract shall bear interest from the date payment is due at the rate stated below, or in the absence thereof, at the legal rate prevailing from time to time at the place where the Project is located. (Insert rate of interest agreed upon, if any.) (Usury laws and requirements under the Federal ?}nth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Contractor's principal places of business, the location of the Project and elsewhere may affect the validity of this provision. Legal advice should be obtained with respect to deletions or modifications, and also regarding requirements such as written disclosures or waivers.) 7.3 The Owner's representative is: (Name, address and other information) 7.4 The Contractor's representative is: (Name, address and other Information) 7.6 Other provisions: Larry Madsen 2008 Enterprise Dr. Round Rock, Texas 78664 512/218 -5555, Fax: 512/218 -5563 Richard Harris P.O. Box 164262 Austin, Texas 78716 -4262 512/327 -2337, Fax: 512/327 -4443 75 Neither the Owner's nor the Contractor's representative shall be changed without ten days' written notice to the other party. WARNING: ItnaomNed pllotocepytog violates U.S. copyright laws and will subject the violas, to legal prosecution. 01997 AIA® AIA DOCUMENT A1014997 OWNER- CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS as set forth in the General Conditions 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed t997 edition of the Standard Form of Agreement Between Owner and Contractor, AIA Document Amt - 1997., as codified herein. 8.1.2 The General Conditions are the 1997 edition of the General Conditions of the Contract for Construction, AlA Document A2nI te97., as modified therein. 8.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated June 1998 , and are as follows: Document Title Pages Section 00700 - General Conditions of the Contract for Construction- Pa.00700 -1 Section 00800 - Supplementary General Conditions- Pg.00800 -1 - 00800 -4. 8.1.4 The Specifications are those contained in the Project Manual dated as in Subparagraph 8.1.3, and are as follows: (Either list the Specifications here or refer to an exhibit attached to this Agreement.) Section Title Pages Refer to Attachment No.1 attached hereto and incoLpurated by reference for all purposes. &1.5 The Drawings are as follows, and are dated different date is shown below: (Either list the Drawings here or refer to an exhibit attached to this Agreement.) Number Title Date Refer to Attachment No.2 attached hereto and incorporated by reference for all purposes. WARNING: Unlicensed ptmteoopying violates US. copyright laws and van subject the violator to legal tuoncuthen. unless a ®1997 AlA® AlA DOCUMENT A1014997 OWNER - CONTRACTOR AGREEMENT i The American Institute of Architects 1735 New York Avenue. N.W. Washington, D.C. 2000E-5292 bY: 8.1.6 The Addenda, if any, are as follows: Number Joanne land, City .Secretary Date ('ages l'ortions of Addenda relating to kidding requirements are not part of the Contract Documents unless the kidding requirements are also enumerated in this Article 8. 8.1.7 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended to f part of the Contract Documents. AM Document Aao1 provides that bidding requirements such as advertisement or invitation to bid, Instructions to Bidders, sample forms and the Contractols bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents.) This Agreement is entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the • ' inistration of the Contract, and the remainde e Owner. ROCK Set ,Mayor Ri is,Presid> t OWNER (Signature) C a N R A C T O R (Signature) Richard C. Harris, President (Printed name and title) admen: You should sign an original MA document or a licensed reproduction. Originals contain the AEA logo printed in red; licensed reproductions are those produced in accordance with the Instructions to this document. WARNING: Una photocopying violates UA copyright lawn and will subject the violater to legal prosecution. i 61997 AIA® AIA DOCUMENT A101 -1997 OWNE - CONTRACTOR AGREEMENT 1 The American institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 • -e • • 07/21/98 15:37 FAX 244 0237 ARKITEX STUDIO ++-. RR PUBLIC WORKS L]10 FROM ARK ITIX STUDIO INC PHA ND. : 4098468224 Jul. 21 1498 02:55PM P3 Attachment No. 2, Page 1 of 1 COVER SHEET GENERAL 01 GENERAL INFORMATION CIVIL. 1 CIVIL COVER SHEET 2 SITE PLAN & DIMENSION CONTROL PLAN 3 DRAINAGE CALCULATIONS AND TEMPORARY E&S CONTROL PLAN 4 GRADING, DRAINAGE AND UTILITY PLAN S DETAILS 6 DETAILS & NOTES ARCHITECTURAL Al SITE PLAN A2 SITE DETAILS AS DEMOLITION PLAN A4 FLOOR PLAN, ENLARGED FLOOR PLANS AS ROOM FINISH & DOOR SCFDIDUL ES. DOOR & WINDOW TYPES, MISC EQUIP. SCLLED. A6 ROOF PLAN, DETAILS A7 BUILDING ELEVATIONS AS BUILDING SECTIONS A9 WINDOW & DOOR DETAILS A10 INTERIOR ELEVATIONS All REFLECTED CEILING PLAN STRUCTURAL 51.0 FOUNDATION PLAN S2.0 ROOF FRAMING PLAN S3.0 FOUNDATION DETAILS S3.1 TILTWALL PANEL DETAILS & FRAMING DETAILS S4.0 TILTWALL ELEVATIONS S4.1 TILTWALL ELEVATIONS MFICAANICAL & ELE TUC L P1 PLUMBING PLAN MS MECHANICAL PLAN M2 MECEANICAL DETAILS & SCHEDULES El ELECTRICAL SYMBOLS LEGEND E2 LIGHTING PLAN E3 POWER PLAN E4 ELECTRICAL DETAILS & SCHEDULES 00100 - 1 07/21/88 15:37 FAX 244 0237 FROM : AR1(ITDC STUDIO INC ARKITEX STUDIO •-.. RR PUBLIC WORKS 2j08 PHONE NO. : 4098468224 Sul. 21 1948 02:54PM PS Attachment No. 1, Page 1 of 2 SPECIFICATIONS Section Title Pages 01010 SUMMARY OF WORK 2 01015 SOIL INVESTIGATION DATA 1 Boring Log Attachment 6 01340 SHOP DRAWINGS, SAMPLES AND COLORS 3 01410 TESTING OF MATERIAL 2 01500 JOB REQUIREMENTS 5 02050 DEMOLQTON 3 02110 SITE CLEARING 2 02200 EARTHWORK 02222 EXCAVATION 2 02223 BACKFILLING 3 02250 CAMPACTTON CONTROL AND TESTING 3 02280 SOIL PREPARATION AND GRASS 2 02371 CAST-IN-PLACE CONCRETE PIERS 3 02510 ASPHALT PAVING 3 02630 SITE CONCRETE 5 03100 CONCRETE FORMWORK 4 03200 CONCRETE REINFORCEMENT 3 03300 CAST-IN-PLACE CONCRETE 6 03346 CONCRETE FLOOR FINISHING 3 03470 TILT -UP PRECAST CONCRETE 05120 STRUCTURAL STEEL 2 05210 STEEL JOISTS 2 05311 STEEL ROOF DECK S 05500 METAL FABRICATIONS 3 05700 MISCELLANEOUS AND ORNAMENTAL METALS 3 06100 ROUGH CARPENTRY 4 06200 FINISH CARPENTRY 2 06400 ARCiTTECI URAL WOODWORK 4 07100 ROOFING, ROOF FLASHING AND VENTS 4 07110 WATERPROOFING AND DAMPROOFING 3 07210 BUILDING INSULATION 2 07920 CAULKING AND SEALING 4 08110 HOLLOW METAL DOORS AND FRAMES 3 08200 WOOD DOORS 08400 ALUMINUM ENTRANCES AND STOREFRONTS 4 08710 FINISH HARDWARE 08800 GLASS AND GLAZING 3 09200 I�TAL LATH AND PLASTER 5 09310 CERAMIC TILE 4 09510 ACOUSTICAL CEILINGS 3 09650 0 RESILIENT FLOORING AND BASE 3 09680 3 09900 PAINTING AND FINISHING 7 09950 WALL COVERINGS 2 ' ' ' 15 . 7/21/98 15:37 FAX 244 0237 ARKITEX STUDIO 44+ RR PUBLIC WORKS W209 FROM ARKITEx STUDIO INC PHONE NO. : 40584R8224 Sul. 21 1598 02:SSPM P2 Attachment No. 1, Page 2 of 2 Section 10400 10900 Title Pages BUILDING DOOR GRAPHICS MISCELLANEOUS BUILDING SPECIALTIES 2 3 12410 APPLIANCES 2 12510 VENETIAN BLINDS 3 15010 BASIC MECHANICAL REQUIREMENTS S 14 15058 ACCESS DOORS 1 15101 PLUMBING 6 15250 PIPING AND DUCTWORK INSULATION 6 15665 SINGLE PACKAGE ROOFTOP AIR CONDITIONERS 2 15800 CLEANING AND TESTING 3 15841 DUCTWORK 6 15860 AIR DEVICES 3 15880 TEST AND BALANCE 8 15885 AIR CLEANING 2 15901 CONTROLS 2 16010 BASIC ELECTRICAL REQUIREMENTS 11 16111 16120 WIRES AND CABLES 2 16131 PULE. AND ]UNCTION BOXES 1 16132 FLOOR BOXES 16141 WALL SWITCHES 2 16145 RECEPTACLES 2 16147 PLATE COVERS 2 16160 PANED:OA/ DS 2 16161 GROUNDING ' 2 16170 MOTOR AND CIRCUIT DISCONNECTS 2 16190 SUPPORTING DEVICES 2 16501 LAMPS 2 16502 BALLASTS AND ACCESSORIES 2 16510 INTERIOR BUILDING LIGHTING 4 16721 FIRE ALARM AND DETECTION SYSTEM S THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND Bondi/ 734469 KNOW ALL MEN BY THESE PRESENTS: That Set Point Builders Inc of the City of Austin , County of Travis , and State of Texas , as Principal, and Capitol Indemnity cotothorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Five Hundred Twenty Four Thousand and no /100 -- dollars ($ 524,000.00 ) for the payment whereof; well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner dated the 13th day of August , 19 98 to which the contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Additions and Alterations to City of Round Round Public Works Building, 2008 Enterprise, Round Rock TX NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Contract and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Contract, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of, the Principal in performing the work covered by said Contract and occurring within a period of twelve (12) months from the date of the contract Completion Certificate and all other covenants and conditions, according to the true intent and meaning of said Contract and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. master PBD-3 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the contract, or to the work performed thereunder, or the plans, specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 13th day of August 1998. Set Point Builders Inc Title P 0 Box 164262 P 0 Box 5900 Address Address Austin tX 78716 -4242 Madison Wisconsin 53706 -0900 Resident Agent of Surety: C. A. Schutze Agency Printed Name P 0 Box 3547 Address Austin TX 78764 City, State & Zip Code Signature SCA 6 � O nosti master PBD-4 Capitol Indemnity Corporation Surety BY: 5 ���: , 5Gu - Steve P. Schutze Attorney —in —Fact Title THE STATE OF TEXAS COUNTY OF WILLIAMSON PAYMENT BOND Bond# 734469 KNOW ALL MEN BYTHESEPRESENTS: That set Point Builders Inc ,of the City of Austin , County of Travis , and State of Texas as Principal, and capitol indemniathorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Five Hundred Twenty Four Thousand and no /100 -- Dollars ($ 524,000.00 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written contract with the Owner, dated the 13th day of August , 19 98 , to which Contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Additions and Alterations to City of Round Rock Public Works Building, 2008 Enterprises, Round Rock TX NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. posd,Id.nreVspeo master PBD -5 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract, or to the work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 13th d o f August , 19 98 Set Point Builders Inc Princip By: Title P 0 Box 164262 Address Austin TX 78716 - 4242 Resident Agent of Surety: C. A. Schutze Agency Printed Name P 0 Box 3547 Address Austin TX 78764 City, State & Zip Code Signature posw+ansyspeo raster PBD -6 Capitol Indemnity Corporation Surety BY: . 5 -7.:eez-/= SeAu7.r, - Steve P. Schutze Attorney -in -Fact Title P 0 Box 5900 Address Madison Wisconsin 53706 -0900 POWER OF ATTORNEY No: 4 G r; Ei 5 9 Know all men by these Presents, That the CAPITOL INDEMNITY CORPORATION, a corporation of the State of Wisconsin, having its principal offices in the City of Madison, Wisconsin, does make, constitute and appoint C.A. SCHUTZE, JR., SUZANNE D. SCHUTZE, STEVE P. SCHUTZE JANIS - A. WINKLER OR MARY A. PIERCE its two and lawful Attomey(s) -in -fact, to make, execute, seal and deliver for and on its behalf, as surety, and as its act and deed, any and all bonds, undertakings and contracts of suretyship, provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed in amount the sum of NO1rOEXCESD$2,000,000.00 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of CAPITOL INDEMNITY CORPORATION at a meeting duly called and held on the 5th day of May 1960: - RESOLVED, that the President, and Vice- Presidenl. the Secretary or Treasurer, acting individually or otherwise, be and they hereby are granted the power and authorization to appoint by a Power of Attorney for the purposes only of executing and attesting bonds and undertakings, and other writings obligatory in the nature thereof, one or more resident vice - presidents. ass,slant secretaries and attomey(s)- in-fact, each appointee to have the powers and duties usual to such offices to the business of this company: the signature of such officers and seal of the Company may be affixed to any such power of attorney or to any certificate relating thereto by facsimile, and any such power of attorney or certificate bearing such lacsimile signatures or facsimile seal shall be valid and binding upon the Company. and any such power so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking or other writing obligatory in the nature thereof to which it is attached. Any such appointment may be revoked, for cause. or without cause, by any of said officers, at any omo,' IN WITNESS WHEREOF, the CAPITOL INDEMNITY CORPORATION has caused these presents to be signed by Its officer undersigned and its corporate seal to be hereto affixed duly attested by its Secretary, this l st day of June. 1993. CAPITOL INDEMNITY CORPORATION Attest: Virgiline M. Schulte. Secretary STATE OF WISCONSIN COUNTY OF DANE • STATE OF WISCONSIN COUNT' OF DANE;. VafitdINDEMAITY CORPORATION 4910 UNIVERSITY AVENUE SUITE 1400, MADISON. WISCONSIN 53705 -0900 PLEASE ADDRESS REPLY TO P.O. BOX 5900. MADISON, WI 53705-0900 PHONE (We) 231.4450 • FAX Ma) 231 2029 ,.ERTI . CATE Fait, President On the 1st day of Jttne, A.D., 1993, before me personally came George A Fait, to me known, who being. ;CAPITOL INDEMNITY CO y RPO by me duly R ATIO resides h e co poration County described In State and which Wisconsin; ecuted the above instrument nstrument; that ,ho knows the seal of the said -corporation; that the seal affixed to said Instrument is such corporate seal; that it was so - .affixed by order of the Board of Directors of said corporation and that he signed his name thereto by like order. � Lte E. Peter Hans . , Notary Public, Dane Co.,. WI My Commission Is Permanent I, the undersigned, duly elected to the office stated below, now the Incumbent In CAPITOL INDEMNITY RPORATION, a,Wisconsin Co ration authorized to make this certificate, DO ; HEREBY CERTIFY that the foregoing iQl lid Power Attorney°rema' n full f orce and has not been revoked; arid 'furthermore That the:Resotution of the rd of Directo set tort in the o werdf Attorney [shim In force. `Signed and sealed etthe Qhy of Madison. Dated the th day of figu t 1 9 98 wypr IS valid only It thh pawde of attorney ndmbdr printed Irt =` uppgy dghttfand cdrpet'appgafs.In red. Photoeoptes, carbon copies or: oat* rot t t4trtding orrthe "company Inc tfea donitgmtng this power of ;efiorrfey tney;be Omitted to the Botlii „ Manager at the Ifeme' CapHol tndefihil C6Y(xlrstlon. • .. - AUG -26 -98 10:15 AM SET POINT BLDRS 09 4 05:55 $215 5563 CERTIFICATE OF LIABILITY INSURANCE PRODUCER COMPANIES AFFORDING COVERAGE Nieman Hanks Puryear Partners 5L5 Congress Avenue, 13th Floor A Texas Workers Compensation Austin, TX 78701 -3503 D American Indemnity Group INSURED Setpoint Builders Inc. C St. Paul Fire PO Box .L64262 Austin, TX 78716 D THIS IS TO CERITFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of Insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF INSURANCE POLICY EFFECTIVE EXPIRATION LIMITS LTR r4V.OsLR DATE DATE c8N8ML LIAnn.rrY B TXCL6L9661.4 6 -2 -98 6 -2 -99 AUTOMOBILE LtAnarr4 GUMBL'ED SINGLE LIMIT 9 1, 0 0 0, 0 0 0. B BA52659251 6 -2 -98 6 -2 -99 EODILYIN)GRYRawson) S ROOMY INJURY (Per accident) ti PROPERTY DAMAtm S &V MS S T.7A1(TI.ITY WORM IRS COMPENSATION AND EMPLOYERS' LIADILICY 67'ATUTORY L4trIS A TSF001121410297 6 -5 -98 6 -5 -99 OntRit PUBLIC WORKS Project Limit $500,000. C BUILDERS RISKIM09101772 7 -15 -98 7 -15 -99 w/ $1000. Deductible Property in Transit $25,000. IIISCRIPTION OP OPestA17ONSrt.0WATIONseVine LP6I5P! IAt. rnakii7ERERIIORS CERTIIRCATE HOLDER City of Read Reek 221E. Maid Seta Round Rock. Tow 78664 ram !monn Land SIG 5123274443 P.02 GENERAL AOORCGATE PaortucTs.com POP Aire PERSONAL dcAcw, INJURY SACK OCCURRENCE LAA(.`II OCCURRENCE Mt0RF8ATE 5 OO1 Date: 8 -26 -98 $2,000,000. SL,000,000. $1,000,000. $1,000,000. FIRE I) WAGE (Any one fin) S 50,000. bfED. EXPLC45E (Any one paver) $ 5,000. EACH ACODENT 3 500,000. DISEASE • POLTC.Y LIMIT 3 5 0 0, 0 0 0. DISEASD.ILAClI s 500,000. a s,,:er..Iir Insured y City of �' >:'S s nom m all policies except Workers' ...: �^ �, . °. ®d Bap • yrra Liability td any Ohba Ow dsscrlbsd Policies by wtscUe4 or chan5W bcfvr' t4c $xpiradyu date theraef, tin !cantos company w man thirty (SO) days wri0m notice sod* certificate bolder named below. • .1. ORty /, a .' ru =t ' A17v6 %' TypolNemo Curti T ig , Nieman Hanks PU ear rtners