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R-98-11-12-10B8 - 11/12/1998RESOLUTION NO. R- 98- 11- 12 -10B8 WHEREAS, the City of Round Rock has duly advertised for bids for two water storage facilities in Chisholm Valley and High Country, and WHEREAS,Landmark Structures, Inc. has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Landmark Strubtures, 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 Landmark Structures, Inc., for two water storage facilities in Chisholm Valley and High Country, a copy of said contract being attached hereto and incorporated herein for all purposes. 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. RESOLVED this 12th day of Novecpj�r, 1.9 4 CHARLES Ck=ER, Mayor ST: City of Round Rock, Texas 4,4 /L_� /L_ /_ J. NE LAND, City Secretary K \ WFDOCS \RESOLDTI \R8111288.WPD /,cg 11/06/98 13:16 $218 5563 PUBLIC WORKS November 6, 1998 Mr. Steve Miller, P.E. Utilities Engineer City of Round Rock 20(18 Enterprise Rotund Rock. TX 73664 Re: City ofRound Rock Water System Impmvinents Contract No. 1 — Elevated Water Storage Reservoirs Dear Mr. Miller: On November 3, 1998 Bids were opened for the project referenced as Contract No. 1 — Elevated Water Storage Reservoirs. After reviewing the Bids submitted, we have summarized the alternatives for award in the attached table. The lowest qualified responsive Bidder for any combination involving a single steel pedestal style tank is Chicago Bridge & Iron. The lowest qualified responsive Bid for supplying composite style tanks was submitted by Landmark Structures. Inc. Based on our discussions, the City of Round Rock has no preference for tank style and would like to award the project to the lowest total bid including the accelerated schedule. This combination is the Bid of Landmark Structures, Inc. (LSI) in the amount of $2,776,000. We have reviewed LSI's financial status, backlog of work, commitment to the project schedule, and quality control and we have no concerns with their ability to perform the work indicated. Therefor, we are recommending award of the project to Landmark Structures, Inc. Enclosed are four (4) Notice of Award packets to be submitted to LSI upon council approval. Please call should you have any questions or need any further information. Sincerely. Ja es A. urczyk, r., P.E. Project Manager JAY /bbc Enclosures Xc: Mike Lamon. Landmark Structures. Inc. (),ro enclosures) MDR Engineering, Inc. NOU -06 -1998 13:22 2211 South IH 35 Telephone Suite 300 512 912 - 5100 Forum Park Fax Austin, Texas 512 442 78741 444 CITY HALL 14002 /004 Engineering Construction Services 210 5563 99% P.02 NOV: -05' 98 (THU) 11147 LANDMARK ltlattrwomr 61998 HDR Englnesring, Inc. 2211 S. 111-36, Suite 900 Austin, TX 75741 Atfre Mr. James Yurczyk, P.E. Re: City of Round Rock Water Systems Improvements Contract No. 1 — Elevated Water Storage Reservoirs Dear Sir: TEL :817 -439 -8888 P. 001 LANDMARK Landmark is pleased to be low bidder on the Composite style elevated tank for the City of Round Rock. Further to our conversation of November 0, 1 have attached a preliminary construction schedule, which addresses the 240 -day contract time for the Chisholm Valley tank As discussed yesterday, Landmark scheduled in the Round Rodc tanks prior to bid to insure there would be no problem meeting the contract deadlines. As evidenced by our bid, Landmark did not make allowances for liquidated damages. We have complete confidence the schedule wit be met. Assuming this contract would be awarded on the accelerated schedule, landmark proceeded to final design on these jobs immediately following the bid opening. Detailing proceeds on Monday, November 9'" in preparation for submittals package week of November 30"'. In order to satisfy the city needs, construction must start no later than January 4, 1999. It is our preference to complete foundation work in December provided that Landmark, HDR and City of Round Rock can focus their efforts to expedite the award process and facilitate the fast paced schedule. Landmark looks tonvard to working with HDR and the City of Round Rock on this project. Please contact me at 817/439-8888 should any further information be required. Yours truly, LANDMARK ST: - - ; S, INC. Mike /kmc Attachment Design Innovation • construction excellence 1elie1etem Road fee Veeitt, lees 15, 76177 I* am NIea Roc 017) 435 -110o1 Contradlme 240 days ROrn NIP 1991 1999 - - -- -- NOYEMWER DECEYMER JANUARY FBRUARY LEARC11 APRIL MAY JIME JULY AVON R1F�er 2 9 16 23 Js 7 14 21 2e 4 11 11 26 1 2 15 22 1 e 16 a 29 a 12 19 26 a 10 17 24 e1 7 14 21 2E 3 12 19 26 2 9 16 s a s :59 Oe5frk/Uetail x x x x X MobEre X Access/Claming X Foundation X X Padedal -Lit 1 X X PedeAol- Iltt2 -I1 X X X Dome X X Meth nlcal / Mac Iron X X Irderbr Chamber Piping X X Tan ..11g X Tank Elect XXXXXXXXXX Hold and Grout X X Pc** XXXXXX We1Mm1 I n X X Fencing X EIectdcat xxx Ste Erode/ Grosslna /lnbatron X X X X . Chlodnale and Tank FIE X . Ta Access Rd. / Paving X X X X S ¢ i Up /FInkboul X X X X X final Compla2on X CQNIRUCTIONICHEDULE PROJECT: CITY OF ROUPM ROCK WATER SYSTEMS IMPROVEMENTS CONTRACT NO. 1 - ELEVATED WATER STORAGE RESERVOIRS CNSHOLM VALLEY TANK Submittal No. ESC Section 0 tal ,o _ =a N 0 CanlraclImo 428 dots FromNTP Des1pn/Detai 1998 1909 - - NOV1MI&r [MUM DECFA.ER WEED XXX JANUARY Q 1 X X FEBRUARY MARCH APRL EIMMEMBEIII MAY NNE MEP JULY CIEEEM AUCInT .. Ell= I M?f -T [ T - - Ti ] CI'1__ MotAlke X Access/Crewing X Fovndallon x x Pedestal- Lit 1 X X Pedestal - Lift 2 -14 XXX X Donee x X Mechoniod / We Iron X X Weikel Chamber Pl. . Tank Jig .�■■�■.■ x X Tank Erect XXX x x Ilan MOM Hold aidGraW 1111,1WEINIIII RIIIIMIIMIIIIM Pdm Hfalemgin X X 8 ____ .enclnp Ale Grade / Mr Mr mslnnal ara p / kripa110n Ell 2Ncrk ele and Tank F111 M oak Accen Rd. / Paving X X X 8 8 tai Up / FinlAout xxxxx =hot Completion X CONSTRUCTION _SCHEDULE PROJECT: CITY OF ROUND ROCK WATER SYSTEMS IMPROVEMENTS CONTRACT NO. 1 - ELEVATED WATER STORAGE RESERVOWS HIGH COUNTRY TANK SUlxrrlal NR Spec Section 0 CO O w `' 3z- cool/ City of Round Rock Water System Improvements Contract No.1 - Elevated Water Storage Reservoirs Bid Opening - Tabulation Sheet Note: Shaded cell denotes mathematical error discovered in Bid Form. bid_tabs.xls 11/5198 Pitt Des Moines Chicago Bridge & Iron Landmark Structures Bid Bond (Y /N) Y Y y List Subcontractors (Y /N) Y Y Y Vendor Compliance to State Law (Y /N) Y Y Y Bidder's Questionnaire (Y /N) Y y y Tank Sketches /Foundation Design (Y /N) Y Y Y Acknowledge Receipt of Addenda 1 1,2 1,2 Base Bid Total $5,808,000 $3,083,000 $4,002,000 Add /Deduct Item 1 (5440,000) $155,000 ($568,000) Add /Deduct Item 2 (5155,000) $155,000 ($658,000) Add /Deduct Item 3 ,_($595 000) ; /, $65,000 $0 Add /Deduct Item 4 ($220,000) $65,000 $50,000 City of Round Rock Water System Improvements Contract No.1 - Elevated Water Storage Reservoirs Bid Opening - Tabulation Sheet Note: Shaded cell denotes mathematical error discovered in Bid Form. bid_tabs.xls 11/5198 Summary Pitt Des Moines Chicago Bridge & Iron Landmark Structures Base Bid for Pedestal style to be provided at each $5,808,000 site using accelerated schedule Bid with Pedestal style at Chisholm Valley and Composite style at High Country meeting accelerated schedule Bid with Pedestal style at High Country and Composite style at Chisholm Valley meeting accelerated schedule $5,368,000 $5,653,000 $3,083,000 $4,002,000 $3,238,000 $3,434,000 $3,238,000 $3,344,000 Bid for Composite style to be provided at both sites $5,213,000 $3,393,000 $2,776,000 meeting accelerated schedule Bid for Pedestal style to be provided at each site 55,213,000 $3,148,000 $4,002,000 using relaxed schedule for work at Chisholm Valley Bid for Composite style to be provided at each site 54,993,000 $3,458,000 $2,826,000 using relaxed schedule for work at Chisholm Valley bid tabs.xls 11/5/98 42.00• HWL Elev. 971.00' LWL E lev. 931.00' Foundation Concrete approx 152 CY Reinforcement approx 5.5 ton Steel Tank Lower Cone: .63 1.64" Vertical Wall: .45"/ .3125" 125" Roof: .25" Floor: .25" Concrete Pedestal Vertical Wall: 9" Structural Floor: 1 LANDMARK STRUCTURES, INC. 1.25 MG Elevated Tank Round Rock - High Country DATE: November 6, 1998 SUBJECT: City Council Meeting — November 12, 1998 ITEM: 10.B.8. Consider a resolution authorizing the Mayor to award a contract to Landmark Structures, Inc. for two water storage facilities. The facilities will be in Chisholm Valley and High Country. The total cost is $2,776,000.00. Staff Resource Person: Jim Nuse, Public Works Director. R- 98 -1/- is -ion 00500 -1 1 SECTION 00500 2 AGREEMENT 3 4 THE STATE OF TEXAS § 5 6 COUNTY OF WILLIAMSON § 7 8 9 THIS AGREEMENT, made and entered into this / — day of to A/EVE 1 11 18ER - , 199g , by and between (Owner) City of Round Rock, Texas of the 11 State of Texas, acting through Charles Culpepper, Mayor, thereunto duly authorized so to 12 do. hereinafter termed OWNER, and (Contractor) Landmark Structures, Inc. of 13 Fort Worth , Texas, County of Tarrant , and State of Texas, hereinafter 14 termed CONTRACTOR. 15 16 WITNESSETH: That for and in consideration of the payments and agreements 7 hereinafter mentioned, to be made and performed by OWNER, and under the conditions 18 expressed in the bond bearing even date herewith, CONTRACTOR hereby agrees with 19 the said OWNER to commence and complete the construction of certain improvements zo described as follows: 21 City of Round Rock Water System Improvements 22 Contract No. 1 - Elevated Water Storage Reservoirs 23 24 Further described as the work covered by this specification consists of furnishing all the 25 materials, supplies, machinery, equipment, tools, supervision, labor, insurance, and other 26 accessories and services necessary to complete the said construction, in accordance with 27 the conditions and prices stated in the Proposal attached hereof, and in accordance with 28 the Notice to Contractors, Instructions to Bidders, General Conditions of Agreement, 29 Special Conditions, Technical Specifications, Plans, and other drawings and printed or 30 written explanatory material thereof, and the Specifications and Addenda therefor, as 31 prepared by 32 HDR Fngin'ering, 2211 S TH -39_, Suite 300, Austin, TX 78741 33 34 herein entitled the ENGINEER, each of which has been identified by the 35 CONTRACTOR'S written Proposal, the General Conditions of the Agreement, and the 36 Performance, Payment, and Maintenance Bonds hereof, and collectively evidence and 37 constitute the entire contract. 38 39 The CONTRACTOR hereby agrees to commence work within 10 calendar ao days after the date written notice to do so have been given to him, and to complete the 41 same within 240 calendar days after the date of the written Notice to Proceed, 42 subject to such extensions of time as are provided by the General and Special Conditions. 07225.031.036 City of Round Rock Water System Improvements October 1998 Contract No. 1 - Elevated Water Storage Reservoirs 605Q0 -2 2 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices 3 shown in the Proposal, which forms a part of this Contract, such payments to be subject to 4 the General and Special Conditions of the Contract. 5 6 IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in 7 the year and day first above written. 8 9 10 Landmark Structures, Inc. (OWNER) 11 12 13 BY:' W / i „_ BY: 14 Charles Culiepper 15 Mayor 16 17 18 19 ATTEST: 20 21 22 23 24 25 26 27 (The following to be executed if the Contractor is a Corporation.) 28 29 I Mike Lamon , certify that I am the Secretary of the Corporation 30 named as Contractor herein; that Chris Lamon , who signed this 31 Contract on behalf of the Contractor was then Vice President (official title) of 32 said Corporation, that said Contract was duly signed for and in behalf of said Corporation, 33 that said Corporation by authority of its governing body, and is within the scope of its 34 corporate powers. 35 36 Signed: 37 Mike Lamon 38 Corporate Seal 39 40 END OF SECTION CITY OF ROUND ROCK, TEXAS 07225.031 .036 City Secretary Chris Lamon its Vice President (Typed name) ATTEST: (Title) Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State City of Round Rock Water System Improvements October 1998 Contract No. 1 - Elevated Water Storage Reservoirs RESOLVED: EXECUTED this 11th day of June_ 1996. My commission expires RESOLUTION OF THE DIRECTORS OF LANDMARK STRUCTURES, INC. We, the undersigned. being all of the duly elected directors of Landmark Structures, Inc. (CORPORATION), a Texas Corporation, by our respective signatures hereto unanimously agree to, consent to, and adopt the following actions and resolutions for, on behalf of and in the name of CORPORATION to the same extent and effect as if all such actions were taken upon resolutions duly made, seconded and unanimously adopted. pursuant to due call and notice thereof as required by the By -Laws of CORPORATION and the laws of the State of Texas, to wit: a) that Chris Lamon being Vice- President of (CORPORATION) and until such time as he resigns or is removed from this position or until this authority is rescinded or altered by resolution, is hereby authorized for and on behalf of the CORPORATION to submit bids and /or to negotiate contracts and /or to enter into contracts for and on behalf of the CORPORATION. b) that any bid submitted and/or any contract negotiated and/or any contract entered into by Chris Lamon in the above capacity as witnessed by his signature thereto are hereby recognized as binding upon the CORPORATION. There being no further business to be considered as of the date first hereinafter written. this Resolution by the Board of Directors is closed. Chris Lamon This is to certify that this is a true and exact copy of the original. LANDMARK STRUCTURES, INC. Mike Lamon, Secretary Subscribed and sworn to before me this day of , Diane Gentry, No State of Texas E GENTRY Notary Public: STATE OF TEXAS Mw Comm top 09/30/55 00501 -1 SECTION 00501 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS 5 6 COUNTY OF WILLIAMSON 7 8 KNOW ALL MEN BY THESE PRESENTS: That Landmark Strn- turps, Tnr of the 9 City of _Fart _Worth , County of Tarrant , and State of 1 0 Texas , as Principal, and ** authorized under the law 11 of the State of Texas to act as surety on bonds for principals, are held and firmly bound 12 unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of 13 Two Million Seven Hundred Seventy -Six Thousand R Ortt7' (S 2,776,000 ) 14 for the payment whereof, well and truly to be made the said Principal and Surety bind 15 themselves, and their heirs, administrators, executors, successors and assigns, jointly and 16 severally, by these presents: 17 18 WHEREAS, the Principal has entered into a certain written contract with the Owner dated 19 the day of , 19 to which the 20 contract is hereby referred to and made a part hereof as fully and to the same extent as if 21 copied at length herein consisting of: 22 23 City of Round Rock Water System Improvements 24 Contract No. 1 - Elevated Water Storage Reservoirs 25 NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if 26 the said Principal shall faithfully perform said Contract and shall, in all respects, duly and 27 faithfully observe and perform all and singular the covenants, conditions and agreements 28 in and by said Contract, agreed and covenanted by the Principal to be observed and 29 performed, including but not limited to, the repair of any and all defects in said work 30 occasioned by and resulting from defects in materials fumished by or workmanship of, 31 the Principal in performing the work covered by said Contract and occurring within a 32 period of twelve (12) months from the date of the contract Completion Certificate and all 33 other covenants and conditions, according to the true intent and meaning of said Contract 34 and the Plans and Specifications hereto annexed, then this obligation shall be void; 35 otherwise to remain in full force and effect; 36 37 PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of 38 Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall 39 be determined in accordance with the provisions of said Chapter 2253 to the same extent 4o as if it were copied at length herein. 41 PERFORMANCE BOND (continued) ** Fidelity and Deposit Company of Maryland Bond No. 6310187 07225.031.036 City of Round Rock Water System Improvements October, 1998 Contract No.1 — Elevated Water Storage Reservoirs ,.00501 1 2 Surety, for .value received, stipulates and agrees that no change, extension of time, 3 alteration or addition to the term of the contract, or to the work performed thereunder, or 4 the plans, specifications, or drawings accompanying the same, shall in anywise affect its 5 obligation on this bond, and it does hereby waive notice of any such change, extension of 6 time, alteration or addition to the terms of the contract, or to the work to be performed 7 thereunder. 8 9 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this to instrument this day of ti 19 12 13 Landmark Structur —lam- — Fidelit and Desosit 14 Principal 15 16 By: 17 18 19 lliro Pro<iri or -t 20 Title 21 22 1665 Harman Rd. Chris Lamon 23 Address Address 24 25 Fort Worth, TX 76177 26 27 Resident Agent of Surety: 28 Texas Resident Agent 29 Albert L. Dickinson 30 Printed Name 31 32 11300 N. Central Expwy, Ste 202 33 Address 34 35 Dallas TX 75243 07225.031.036 Title Michael Gross 36 City, State & Zip Codc 37 38 RPk • 39 Signature 40 41 END OF SECTION Attorney -in -Fact 200 University Avenue Toronto, Ontario M5H 4B8. City of Round Rock Water System Improvements October 1998 Contract No. 1 - Elevated Water Storage Reservoirs 07225.031.036 City of Round Rock Water System Improvements October 1998 Contract No. 1 - Elevated Water Storage Reservoirs 00502 -1 1 SECTION 00502 2 PAYMENT BOND Bond No. 6310187 3 4 THE STATE OF TEXAS 5 6 COUNTY OF WILLIAMSON 7 8 KNOW ALL MEN BYTHESE PRESENTS: That Landmark Structures, Inc. , of the 9 City of Fort Worth , County of Tarrant , and State of 10 Texas as Principal, and ** authorized under the laws of the 11 State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto 12 THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers. 13 mechanics and suppliers as their interest may appear, all of whom shall have the right to 14 sue upon this bond, in the penal sum of Two Million Seven Hundred Seventy-Six 15 Thousand & 00 /100 Dollars ($ 2 ) for the payment 16 whereof, well and truly be made the said Principal and Surety bind themselves and their 17 heirs, administrators, executors, successors, and assigns, jointly and severally, by these 18 presents: 19 20 WHEREAS, the Principal has entered into a certain written contract with the Owner, 21 dated the day of , 19, to which 22 Contract is hereby referred to and made a part hereof as fully and to the same extent as if 23 copied at length herein consisting of: 24 25 City of Round Rock Water System Improvements; Contract No. 1 26 Elevated Water Storage Reservoirs 27 NOW, THEREFORE, THE CONDITION OF TIIIS OBLIGATION IS SUCH, that if the 28 said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, 29 and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, 30 equipment, supplies and materials done and furnished for the construction of the 31 improvements of said Contract, then this obligation shall be and become null and void; 32 otherwise to remain in full force and effect. 33 34 PROVIDED, IIOWEVER, that this bond is executed pursuant to the provisions of 3s Chapter 2253, Texas Govemment code, as amended, and all liabilities on this bond shall 36 be determined in accordance with the provisions of said Chapter 2253 to the same extent 37 as if it were copied at length herein. 38 39 PAYMENT BOND (continued) 40 * *Fidelity and Deposit Company of Maryland 00507 -2 1 Surety, for value received, stipulates and agrees that no change, extension of time, 2 alteration or addition to the terms of the contract, or to the work performed thereunder, or 3 the plans, specifications or drawings accompanying the same shall in anywise affect its 4 obligation on this bond, and it does hereby waive notice of any such change, extension of 5 time, alteration or addition to the terms of the contract, or to the work to be performed 6 thereunder. 7 8 IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this 9 Instrument this day of , 19 10 11 12 Landmark Structures,Inc. 13 Principal 35 City, State & Zip Code 36 37 1Qk,C,_.CM�� 38 Signature 39 END OF SECTION 07225.03 1.036 Fidelity and Deposit Company of Maryland 14 15 By _ By: 16 Chris Lamon 17 18 VirP President 19 Title Title 20 21 1665 Harmon Rd. 200 University 4vPn11P 22 Address Address 23 Toronto, Ontario. M5H 4B8. 24 Fort Worth, TX 76177 25 26 Resident Agent of Surety: 27 Texas Resident Agent 28 Albert L. Dickinson 29 Printed Name 30 31 11300 N. Central Expwy, Ste 202 32 Address 33 34 Dallas TX 75243 Michael Gross Attorney -in -Fact City of Round Rock Water System Improvements October 1998 Contract No. I - Elevated Water Storage Reservoirs SECTION 00504 2 3 4 BOND NUMBER 5 AMOUNT 2,776,000. 6 07225.03 1 .036 WARRANTY BOND Bond No. 6310187 00504 -1 7 KNOW ALL MEN BY THESE PRESENTS, 8 That we, Landmark Structures Inc 9 10 (hereinafter called the "Principal ") as Principal, 11 and the Fi del i ty and Depos i t Company of Mait imporation duly organized under the laws of 12 the State of Baltimore and duly licensed to transact business in the 13 State of Texas (hereinafter called the "Surety "), as Surety, are held 14 and firmly bound unto THE CITY OF ROUND ROCK, TEXAS (hereinafter called the 15 "Obligee "), in the sum of Two Mill ion Seven Hundred 16 Seventy -Six Thousand & 00 /100 dollars ($ 2 776 n00 ) for the 17 payment of which sum well and truly to be made, we, the said Principal and the said Surety, 18 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 19 severally, firmly, by these presents. 20 21 Sealed with our seals and dated this day of , A.D. nineteen hundred 22 and 23 24 WHEREAS, the said Principal has heretofore entered into a contract with 25 The City of Round Rock, Texas 26 Dated , 19 , for construction of: 27 28 City of Round Rock Water System Improvements 29 Contract No. 1 - Elevated Water Storage Reservoirs 30 WHEREAS, the said Principal is required to guarantee the construction of all improvements 31 installed under said contract, against defects in materials or workmanship, which may develop 32 during the period of one year(s) from the date of acceptance of the project above 33 described, by Owner: 34 The City of Round Rock, Texas 35 36 NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH, that if said 37 Principal shall faithfully carry out and perform the said guarantee, and shall, on due notice. 38 repair and make good at its own expense any and all defects in materials or workmanship in 39 the said work which may develop during the period of one year(s) from the date of 40 acceptance of the project above described. by Owner: 41 42 The City of Round Rock, Texas City of Round Rock Water System Improvements October 1998 Contract No. 1 - Elevated Water Storage Reservoirs 40504 =2 2 WARRANTY BOND (continued) 3 4 OR shall pay over, make good and reimburse to the said Obligee all loss and damage which 5 said Obligee may sustain by reason of failure or default of said Principal so to do, then this 6 obligation shall be null and void; otherwise shall remain in full force and effect. 7 8 Landmark Structures Inc Fidelit and Desosit o f land 9 Principal :urety to u By: 12 13 14 Vice President 15 Title 16 17 1665 Harmon Rd. 18 Address 19 20 Fort Worth, TX 7617? 21 22 Resident Agent of Surety: 23 Texas Resident Agent 24 Albert L. Dickinson 25 Printed Name 26 27 11300 N. Central Expwy, Ste 202 28 Address 29 Dallas TX 75243 30 Chris 07225.03 1.036 Lamon Title Address 31 City, State & Zip Code 32 � �"��� 33 c xLtk_.- . � l 34 Signature 35 END OF SECTION sal s By: Michael Gross Attorney -in -Fact 200 University Avenue Toronto, Ontario. M5H 488. City of Round Rock Water System Improvements October 1998 Contract No. 1 - Elevated Water Storage Reservoirs Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND HOME OFFICE: P.O. BOX 1227, BALTIMORE, YD 21203.1227 Know ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, a corporation of the State of Maryland, by W. B. WALBRECHER, Vice- President, and T. E. SMITH, Assistant Secretary, in pursuance of authority granted by Article VI, Section 2, of the By -Laws of said Company, which are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof, does hereby nominate, constitute and appoint Chris Enright, John Sarnovsky, John F. Mattioli, David Saltmarsh and Michael Gross, all of Toronto, Ontario, EACH its hue and lawful agent and Attorney -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 and undertakings and the execution of such bonds or undertakings in pursuance of these presents, shall be as binding upon said Company, as and amply, ntents and purposes, as if they had been duly executed and acknowledged by the regularly elected officers oldie Company at :' - in Baltiih(e�►„ d., in their own proper persons. This power of attmey revokes that issued on behalf of Chris Enright, etal, dated July 15, 1 • •'•s �" The said Assistant Secretary does hereby certify that the extr i j , oe h on th � side hereof is a true copy of Article VI, Section 2, of the ATTEST: L1428 -210- Assis DEPOSI Secretary this 7 it By -Laws of said Company, and is now in force. (.\ IN WITNESS WHEREOF, the said Vice- Presidem and 14 the said FIDELITY AND DEPOSIT COMPANY OFT t T E. Smith State of Maryland County of Baltimore FIDELITY day of CERTIFICATE reunto subscribed their names and affixed the Corporate Seal of August, A.D. 1997. PANY OF MARYLAND By: retary W. B. Walbrecher On this 7th day of August, A.D. 1997, before 'criber, a Notary Public of the State of Maryland, duly commissioned and qualified, came W. B. WALBRECHER, Vice- President and T. E. ;,�j, , Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. to me personally known to be the individuals an. described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me dill' , severally and each for himself deposeth and saith, that they arc the said officers of the Company aforesaid. and that the seal affixed to the ding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Notary Public miss. Expires: August 1, 2000 1, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, do hereby certify that the original Power of Attorney of which the foregoing is a full, tae and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the Vice - President who executed the said Power of Attomey was one of the additional Vice - Presidents specially authorized by the Board of Directors to appoint any Attomey -in -Fact as provided in Article VI, Section 2, of the By -Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 1051 day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice - President. Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the said Company, this Vice- President Assistant Secre&oy EXTRACT FROM BY -LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice - President, or any of the Senior Vice - Presidents or Vice - Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice - Presidents, Assistant Vice - Presidents and Attorneys -in -Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertakings, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages, ...and to affix the seal of the Company thereto." FIDELITY AND DEPOSIT COMPANY OF MARYLAND P.O. Box 1227 • BALTIMORE, MD 21203 Statement of Financial Condition Companies As Of March 31, 1997 ASSETS Bonds Stocks $ 343,601,388 241,986,810 Real Estate 2,856,147 Cash in Banks and Offices and Short Term Investments 125,339,484 Premiums in Course of Collection (less than 90 days old) 29,232,019 Reinsurance and Other Accounts Receivable 39,806,139 TOTAL ADMITTED ASSETS $ 782,821,987 LIABILITIES, SURPLUS AND OTHER FUNDS Reserve for Unearned Premiums $ 148,707,734 Reserve for Claims and Claim Expenses 262,769,448 Reserve for Taxes and Expenses 7,239,819 Miscellaneous 48,836,604 TOTAL LIAM:CITI S $ 467,553,605 Capital Stock, Paid Up $ 5,000,000 Surplus 310,268,382 Surplus as regards Policyholders 315,268,382 TOTAL $ 782,821,987 Securities carried at $23,241,000 in the above statement are deposited as required by law. Securities carried on the basis prescribed by the National Association of Insurance Commissioners. On the basis of March 31, 1997 market quotations for all bonds and stocks owned, the Company's total admitted assets would be $783,440,709 and surplus as regards policyholders 8315,887,104. I, JOSEPH J. G4unctffa, Treasurer of the FIDELITY .arm DEposrr ConaaNY OF MARYLAND, do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said Company on the 31st day of March, 1997. State of Maryland City of Baltimore SS: Subscribed and s',om to, before me, a Notary Public of the State of Maryland, in the City of Baltimore this 31st day of March, 1997. c. Gt- Notary Public My mmmissiw expires June 3, 1997. PRODUCER RALPH C. WILSON AGENCY, INC. BOX 5099 SOUTHFIELD, MICHIGAN 49099.5099 INSURED LANDMARK STRUCTURES, INC. 1665 HARMON ROAD FORT WORTH, TEXAS 76177 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REOUREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED 8 Y THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLJCIES, LMTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1 TYPE OP INSURANCE ■■ ■ : ■ ■ GARAGE LIABILITY ANY AUTO GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE I X !OCCUR OWNER'S 8 CONTRACTOR'S PROT AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PMTJERNEXECUTNE OFFICERS ME: INCL EXCL OTHER CONTRACTORS EQUIPMENT POLICY NUMBER GL 161915809 C161915776 COMPREHENSIVE DEDUCTIBLE - 3250 COLLISION DEDUCTIBLE - $500 C 161915812 6612134 CITY OF ROUND ROCK 221 EAST MAIN ROUND ROCK, TEXAS 78664 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR _ 1 c J. •. - - -J COMPANIES AFFORDING COVERAGE COMPANY A CONTINENTAL CASUALTY COMPANY A COMPANY B NATIONAL FIRE INSURANCE CO. OF HARTFORD COMPAIW • FEDERAL INSURANCE COMPANY COMPANY D POLICY EFFECTIVE DATE (MMIDD/YY) 11/1/98 11/1/98 11/1/98 11/1/98 POLICY EXPIRATION DATE (MMIDW VV) 11/1/99 11/1/99 11/1/99 11/1/99 UMITS GENERAL AGGREGATE PRODUCTS - COMP/OP AGG PERSONAL & ADV INJURY EACH OCCURRENCE FIRE DAMAGE (Any one lire) MED EXP (My One Person) COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE AUTO ONLY - EA ACCIDENT OTHER THAN AUTO ONLY EACH ACCIDENT AGGREGATE AGGREGATE EL EACH ACCIDENT EL DISEASE - POLICY LIMIT 2,000,000 s 2,000,000 f 1 000 000 $ 1,000,000 s 50 000 f 5,000 1,000,000 $ 9 000,000 $ 9,000,000 $525,035 SCHEDULED EQUIPMENT $200,000 UNSCHEDULED EQUIPMENT LEASED OR RENTED DESCRIPTION OF OPERATIONS /LOCATIONSNEHICLES /SPECIAL ITEMS CERTIFICATE HOLDER AND ENGINEER ARE ADDITIONAL INSURED WITH RESPECT TO CITY OF ROUND ROCK WATER SYSTEM IMPROVEMENTS, CONTRACT NO- 1 - ELEVATED WATER STORAGE RESERVOIRS. LOCATION: ROUND ROCK, TX. ENGINEER: HDR ENGINEERING, INC., 2211 SOUTH IH -35, SUITE 300, AUSTIN, TEXAS 78741. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY ITS AGENTS OR REPRESENTATIVES. A PROOM6R MAW Insurance Mr. R. S. Morrr11, A11enoy Sr. THIS CERTIFICATE IS ISSUED AS ONLY AND CONFERS NO RIGHTS HOLDER. THIS CERTIFICATE DOES ALTER THE COVERAGE AFFORDED A MATTER UPON THE NOT AMEND, BY THE OF CERTIFICATE POLICIES DATE (MhW WY10 14!111!88 INFORMATION EXTEND OR BELOW 4131 SpIcewood SPNn11a #O.4 Austin TX 787118 COMPANIES AFFORDING COVERAGE COMPAM' A Texas WC insurance Fund INSURED Landmark Structures Inc. COMPANY B 1888 Harmon Fort Worth TX 70/77 COWART C es. THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE INDICATED, NOTWITHANDING NY QIREMEERM OR CONDITION O ANY CERTIFICATE MAY BE ST ISSUED OR A MAY RE PER THE NT, T INSIIRANCE AFFORDE D BY EXCLUSIONS AND CONDITIONS OF SUCH POUCIES. UMITS SHOWN MAY HAVE CCMFANY D .. BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD COMRACT THER DOCUMENT WITH RES WHICH THIS THE POLICIES D OA O ESCRIBED HEREIN IS SUBJECT TO PECT ALL TO THE TERMS, BEEN REDUCED BY PAID CLAIMS. gt I TYPE OF INSURANCE POLICY NUMBER POLO' EFFECTIVE DATE (MMATONY) POLICY EXPuATCN DATE (MMAD/YY) LINTS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY GENERAL AGGREGATE S PRODUCTS - COMP/OP AGG S I CLAIMS MADE I OCCUR PERSONAL & ADV INJURY 3 OWNER'S & CONTRACTORS PROT EACH OCCURRENCE S FIRE DAMAGE (Any one fire) S MED U (Any one person) S AUTOMOBILE _ LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON OWNED AUTOS COMBINED SINGLE LIMIT S BODILY INJURY (Per per.") S BODILY INJURY (Per accidenQ S $ PROPERTY DAMAGE GARAGE LIABILTV ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN AUTO ONLY .':. EACH ACCIDENT 5 AGGREGATE S EXCESS LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM EACH OCCURRENCE 5 AGGREGATE S S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERSEXECUTIVE OFFICERS ARE INCL. EXCL TSF 12063801 02/17/98 02/17/99 ( TTWIRCvS I ,T 1 I EL EACH ACCIDENT s 500,000 EL DISEASE - POLICY LIMIT S 500,000 EL DISEASE - EA EMPLOYEE s 500 000 OTHER ] B NAME O CITYY OF SOUND T ROCK WATER S E YSTEM IMPROVEMENTS, CONTACT NO 1 ELEVATED WATER STORAGE RESERVOIRS. ROUND ROCK TX ENGINEER: 000 ENGINEERING, INC. 2211 SOUTH IH 35, AUSTIN, TX 78741 ER1KICATE NOLIIEH .• • '! ... ':.: -: -;§ •...CANCELLA'PON CITY OF ROUND ROCK 221 EAST MAIN ROUND ROCK TX 781164 ACtSRD 25 s (1t3s} . . .. •.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FALURE TO MAL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY AVE OF ANY KIND UPON THE COMPANY ITS AGENTS RB.REEEN F OR AUTHOR2ED Merrill, 4 l , ' fTA` TI 5 - A. S. snllf Sr. NYAG 0 <RCORD CO RPORA1 O 7911$ RUM NOV. -S0' 981MON1 16:42 LANDMARK CERTIFICATE OF LIABILITY INSURANCE Date: 12 -01 -98 COMPANIES AFFORDING COVERAGE A Texas Workers' Compensation Insurance Fund PRODUCER Texas Associates Insurors 1114 Lost Creek Boulevard Suite 400 Austin, TX 78746 GENERAL LIABILITY AUTOMOBILE LIABILITY EXCESS LIABILI OTHER CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock, Texas 78664 aim: Joanne Land 07225.03 1 .036 B C INSURED Landmark Structures, Inc. 1665 Wortgh, TX 76177 THIS IS TO CERTIFY 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 LTR NUMBER DATE DATE A #TSF0012063801 980217 02 -17 -98 02 -17 -99 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL rrEMS /EXCEPTIONS TEL :817 -439 -8888 LIMITS GENERAL AGGREGATE $ PRODUCTS - COMP /OP AGG. $ PERSONAL & ADV. INJURY $ EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ MED. EXPENSE (Any one person) $ COMBINED SINGLE LIMIT $ BODILY INJURY (Per person) .$ BODILY INJURY (Per accident) .$ PROPERTY DAMAGE $ EACH OCCURRENCE $ AGGREGATE $ WORKERS' COMPENSATION AND EMPLOYERS' LIABILI'T'Y STATUTORY LIMITS EACH ACCIDENT $ DISEASE - POLICY LIMrr $ DISEASE - EACH EMPLOYEE $ P. 002 500,000 500,000 500,000 The City of Round Rock is named as additional insured wi?h respect LO all policies except War ers ompensauon and mployers' Liahthry. Should any of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days written notice 5' the certificate holder named below. SIGN URE *FAUTH6)RIZE R .'[ ESENTATI Typed Name: David B. Palmeri Title: Vice President Commercial Lines City of Round Rock Water System Improvements Orloher 1 998 Contract No. I - Elevated Water Storage Reservoirs N:0V.- SO! 16:42 LANDMARK TEL:817-439 -8888 CERTIFICATE OF LIABILITY INSURANCE Date: 12 -01 -98 PRODUCER Ralph C. Wilson Agency, Inc. Box 5069 Southfield, MI 48086 -5069 COMPANIES AFFORDING COVERAGE A Continental Casualty Company B National Fire Insurance Co. of Hartford C P. 002 INSURED Landmark Structures, Inc. 1665 Harmon Road D Fort Worth TX 76177 THIS IS TO C 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 NUMBER DATE DATE GENERAL LIABILITY B GL 161915809 OCCURRENCE FORM AUTOMOBILE LIABILITY 11/1/98 11/1/99 B C 161915776 11/1/98 11/1/99 EXCESS LIABILITY A C161915812 11/1/98 11/1/99 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY STATUTORY LIMITS OTHER a DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES/SPECIAL ITEMS /EXCEPTIONS CERTIFICATE HOLDER: City of Round Rock 221 E. Main Street Round Rock. Texas 78664 artn: Joanne Land 07225.031.036 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP /OPAGG. $ 2,000,000 PERSONAL & ADV. INJURY $ 1,000,000 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) 1 50,000 MED. EXPENSE (Any one person) $ 5,000 COMBINED SINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) .9 BODILY INJURY (Per accident) 9 PROPERTY DAMAGE $ EACH OCCURRENCE $ 9,000,000 AGGREGATE $ 9,000,000 EACH ACCIDENT 9 DISEASE - POLICY LIMIT 0 DISEASE - EACH EMPLOYEE 9 The City of Round Rock is named as additional insured with respect LO all policies except Wor ers rnnpensauon and mployers' iahiliry. Should :6ty of the above described policies by cancelled or changed before the expiration date thereof, the issuing company will mail thirty (30) days wnaen nonce to the certificale holder named below. SIGNATURE OF AUTHORIZED REPRESENTATTTV '' .404 Typed Name: David B. Palmeri Tide: Vice President Commercial Lines City of Round Rock Water System improvements Ocloher 1998 Contract No. 1 - Elevated Water Storage Reservoirs Copies Date No. Description 4 Contract documents (executed by Landmark) including: " Notice of Award (3 copies) * Resolution of Board of Directors of Landmark Structures " Performance Bond * Payment Bond * Warranty Bond * Certificates of Insurance (including workers comp) LANDMARK STRUCTURES, INC. 1665 Harmon Road Fort Worth, TX 76177 (1117) 439 -8888 Fax (8417) 439 -9001 TO: HDR Engineering 2211 South IH -35, Suite 300 Austin, TX 78741 WE ARE SENDING YOU THE ATTACHED ITEMS: THESE ARE BEING TRANSMITTED: For approval For your use x As requested For review and comment REMARKS: Approved as submitted Approved as noted Returned for corrections We look forward to working with you and the City of Round Rock on this project. rctLtiVtu NOV 3e LETTER OF TRANSMITTAL Date 11/24/98 Job. No. 9829/30 Attn: Mr. Brad Castleberry Re: City of Round Rock Elevated Water Storage Tanks Resubmit copies tor approval Submit copies for distribution Return corrected prints Please contact the undersigned should you have any questions or comments. Signed Chris Lamon