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R-99-04-22-10D4 - 4/22/1999APPROV CIYATT City of Round Rock WELL SITE NO. 9 MODIFICATIONS CONTRACT DOCUMENTS D BY NEY APRIL 1999 00500 -1 1 SECTION 00500 2 AGREEMENT 3 4 THE STATE OF TEXAS § 5 6 COUNTY OF WILLIAMSON § 7 8 9 THIS AGREE M NT made and entered into this o.�a "d day of 10 1 , 19`i'i, by and between (Owner) City of Round Rock, Texas of the 11 State f Texas, acting through Charles Culpepper, Mayor, thereunto duly authorized so to 12 do, hereinafter termed OWNER, and (Contractor) Matous Construction of 13 Temple Texas, County of Bel 1 , and State of Texas, hereinafter n! 14 Iermed CONTRACTOR. 15 ".r,..., 16 WITNESSETH: That for and in consideration of the payments and agreements 17 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 20 described as follows: 21 Round Rock Water Syatpma Imprnvementa Wall Site Nn. 9 22 Modifications 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 S2 HDR Engineering, Inc. 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 I O calendar 40 days after the date written notice to do so have been given to him, and to complete the 41 same within 12 o 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. 43 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 00500 -2 1 The OWNER agrees to pay the CONTRACTOR in current funds the price or prices 2 shown in the Proposal, which forms a part of this Contract, such payments to be subject 3 to the General and Special Conditions of the Contract. 4 5 IN WITNESS WHEREOF, the parties to these presents have executed this Agreement in 6 the year and day first above written. 7 8 CITY OF ROUND ROCK, TEXAS 9 10 11 (0 12 13 BY: 14 Charles Culpepper 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, , certify that I am the Secretary of the Corporation 30 named as Contractor herein; that , who signed this 31 Contract on behalf of the Contractor was then (official title) of 32 said Corporation, that said Contract was duly signed for and in behalf of said 33 Corporation, that said Corporation by authority of its gov body, and is within the 34 scope of its corporate powers. 35 36 Sign 37 38 Corporate Seal 39 40 41 42 END OF SECTION Matous Construction, Ltd. (CONTRACTOR) BY: 4 b 4 e, B7,fiw,t - P F Matous Conpru�ctiontCo,, Inc, Don Schuch (Tyler name) 191�} Partner ATTEST: Secretary, if Contractor is a Corporation or otherwise registered with the Secretary of State 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 00501 -1 1 SECTION 00501 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS >?Qa# 72 -0125 -02920 -99-9 5 6 COUNTY OF WILLIAMSON 7 8 KNOW ALL MEN BY THESE PRESENTS: That Matous Construction Ltd of 9 the City of Temple , County of Bell Slate of 10 Texas , as Principal, and F;aai._ty ana g In Viteri th 11 law of the State of Texas to act as surety on bonds for principals, are held and finely 12 bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of 13 One Hundred Ninety Eight Thousand dollars ($ 198,000.00 ) 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 19 dated the day of , 19 20 which the contract is hereby referred to and made a part hereof as fully and to the same 21 extent as if copied at length herein consisting of: 22 City of Round Rock Water System Improvments 23 Well Site No. 9 Modifications 24 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 furnished 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 40 as if it were copied at length herein. 41 PERFORMANCE BOND (continued) 42 43 Surety, for value received, stipulates and agrees that no change, extension of time, 44 alteration or addition to the term of the contract, or to the work performed thereunder, or 45 the plans, specifications, or drawings accompanying the same, shall in anywise affect its 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifioatloms 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 00501 -2 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 day of 19 Matous Construction Ltd. Princip Q By: P2 VILE PRFSIp -r of Matous Construction Co., Title Inc. General Partner P.O. Box 5258 Address Temple, Texas 76505 Resident Agent of Surety: Summit Global Partners Printed Name P.O. Box 3623 Address Temple, Texas 76505 City, State & Zip Code Fidelity and Guaranty Insurance 13 : S Underwriters, Inc. Glenn Richa Attorney -In -Fact Title END OF SECTION 100 Light Street Address Baltimore, MD 21202 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No 340 Know all men by these presents: That Fidelity and Guaranty Insurance Underwriters, Inc, a corporation organized and existing under the laws of the State of Wisconsin and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Glenn Richar and Emily Mikeska of the Ciry of Temple , State of Texas its true and lawful Atmmey(s)-in -Fact each in their separate capacity if more than one is named above, to sign its name as surety to. and to execute. seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law, In Witness Whereof. the said Fidelity and Guaranty Insurance Underwriters, Inc. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Assistant Secretary, this 8th day of January , A.D.1997. Fidelity and Guaranty w nt ty Insurance Underiters, I ., (Signed) By ! " �/ /� • Vice President ISignedl By -.. /"c'r""�'% C / Y„(�t.aSrlz State of Maryland I Baltimore City On this 8th day of January , A.D. 19 9 7, before me personally came Gary A. Wilson. Vice President of Fidelity and Guaranty Insurance Underwriters, Inc., and Thomas E. Huibregtse. Assistant Secretary of said Company. with both of whom I am personally acquainted, who being by me severally duly sworn, said, that they, the said Gary A. Wilson and Thomas E. Huibregtse were respectively the Vice President and the Assistant Secretary of the said Fidelity and Guaranty Insurance Underwriters, Inc_ the corporation described in and which executed the foregoing Power of Attorney, that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal. that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice President and Assistant Secretary, respectively. of the Company. My Commission expires the 1St day of A ust A.0.19 98. // , / ISignedl BY......C.G�rnc..... .�F^�` L_ .. PUBLIC FS 91112/961 SS: Notary istant Secretary 91376 USF +G' This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the Fidelity and Guanmy Insurance Underwriters, Inc. September 24, 1992: Resoved. that in connection with the fidelity and surety insurance business of the Company, all bonds• undertakings, contracts and other instruments relating to said business may be signed• executed, and acknowledged by persons or entities appointed as Attomey(s }in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Poweds) of Attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman. or the President or an Executive Vice President or a Senior Vice President or a Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attaney(s)-in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. Resolved. That Attomey{s.in -Fact shall have the power and authority and, in any case. subject to the terms and limitations of the Power of Attorney issued to them. to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof. and any such instrument executed by such Attomeyls)-in Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. Thomas E. Hurbregcse, an Assistant Secretary of the Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24, 1992 and that these Resolutions are in full force and effect I, the undersigned Assistant Secretary of the Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the foregoing Power of Attomey is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of the Fidelity end Guaranty Insurance Underwriters. Inc. on this day of ,19 Assistant Secretary 00502 -1 1 SECTION 00502 2 PAYMENT BOND 3 4 THE STATE OF TEXAS 5 1xnit 72 -0125 -02920 -99-9 6 COUNTY OF WILLIAMSON 7 8 KNOW ALL MEN BY THESE PRESENTS: That Matous Construction Lt6lf 9 City of Temple County of el � �� and of 10 Texas as Principal, andst tit„ aoa _ au on ed r�he' laws o fie 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 One Hundred Ninety Eight Thousand 15 Dollars ($ 198 , 000.00 ) 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 City of Round Rock Water Systems Improvements 25 Well Site No. 9 Modifications 26 27 NOW, THEREFORE, THE CONDITION OF THIS 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, HOWEVER, that this bond is executed pursuant to the provisions of 35 Chapter 2253, Texas Government 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 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 00502 -2 1 PAYMENT BOND (continued) 2 3 Surety, for value received, stipulates and agrees that no change, extension of time, 4 alteration or addition to the terms of the contract, or to the work performed thereunder, or 5 the plans, specifications or drawings accompanying the same shall in anywise affect it's 6 obligation on this bond, and it does hereby waive notice of any such change, extension of 7 time, alteration or addition to the terms of the contract, or to the work to be performed 8 thereunder. 9 10 IN WITNESS WHEREOF, the said Principal and Surety have signed .and sealed this 11 Instrument this day of , 19 . 12 13 14 Matous Construction Ltd. 15 Principal 16 �P /��i . 17 By: sy: /ic 18 19 20 21 Title 22 23 P.O. Box 5258 24 Address 25 26 27 28 Resident Agent of Surety: 20 30 Summit Global Partners 31 Printed Name 32 33 P.O. Box 3623 34 Address 35 36 37 City, State & Zip Code 38 39 40 Signature Glenn c V tLe 1 iiSfal liitEwrr of Matous Construction Co., Inc. General Partner Temple, Texas 76505 41 END OF SECTION Fidelity and Guaranty Insurance Surety Underwriters, Inc. Attorney -In -Fact Title 100 Light Street Address Temple, Texas 76505 Baltimore, MD 21202 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications Fidelity and Guaranty Insurance Underwriters, Inc. Power el Attorney No. 340 Know all men by these presents: That Fidelity and Guaranty Insurance Underwriters, Inc., a corporation organized and existing under the laws of the State of Wisconsin and having its principal office at the City of Baltimore, in the State of Maryland, does hereby constitute and appoint Glenn Richards and Emily Mikeska of the City of Temple , State of Texas its true and lawful Attorneyls)-in -Fact each in their separate capacity if more than one is named above, to sign ifs name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other wnnen instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons: guaranteeing the performance of contracts: and executing or guaranteeing hones and undertakings required or permitted in any actions or proceedings allowed by law, In Witness Whereof, the said Fidelity and Guaranty Insurance Underwriters, Inc. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Assistant Secretary. this 8th day of January , AD.1997. Fidelity and Guuaarraaannnty Insurance Undervrriters -1 (Signed) By l ' '�- • f . Vice President E4_ . c am State of Maryland Baltimore City 1 on this FS 81112/961 (Signed) By SS: On this 8th day of January AD. 19 97. before me personally came Gary A. Wilson, Vice President of Fidelity and Guaranty Insurance Underwriters. Inc., and Thomas E. Huibregtse, Assistant Secretary of said Company, with both of whom I am personally acquainted. who being by me severally duly sworn, said. that they. the said Gary A. Wilson and Thomas E. Huibregtse were respectively the Vice President and the Assistant Secretary of the said Fidelity and Guaranty Insurance Underwriters, Inc. the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of sod corporation; that the seal affixed to said Power of Anorney was such corporate seal. that it was so affixed by order of the Board of Directors of said corporation, and that they signed their names thereto by like order as Vice President and Assistant Secretary, respectively. of the Company. My Commission expires the let day of A US t A ]` (Signed) BY.. n ..... • 1,!^'A, LC44 Notary scant Secretary This Power of Attorney is granted under and by authority of the following Resolutions adopted by the Board of Directors of the Fidelity and Guaranty Insumnce Underwrilars, Inc. September 24.1992: Resolved, that in connection with the fidelity and surety insurance business of the Company, all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Attomeyls)-in -Fact pursuant to a Power of Attorney issued in accordance with these resolutions. Said Powerls) of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company. either by the Chairman, or the President or an Executive Vice President, or a Senior Vice President or a Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signawre of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature m facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. Resolved. That Attomeylskn-Fact shall have the power and authority and, in any case. subject to the terms and limitations of the Power of Attorney issued to them. to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomeylsl in Not shall be as binding upon the Company as it signed by an Executive Officer and sealed and attested to by the Secretary of the Company. 1, Thomas E. Huibregtse, an Assistant Secretary of the Fidelity and Guaranty Insurance Underwriters, Inc., do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24, 1992 and that these Resolutions are in full force and effect 1, the undersigned Assistant Secretary of the Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that *foregoing Power of Attorney is in full force and effect and has not been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of the Fidelity and Guaranty Insurance Underwriters, Inc. day of .19 scant Secretary 91374 SF +G' 00504 -1 1 SECTION 00504 2 WARRANTY BOND 3 72- 0125 - 02920 -99 -9 4 BOND NUMBER 5 AMOUNT 198,000.00 6 7 KNOW ALL MEN BY THESE PRESENTS, 8 That we, 9 Matous Construction, Ltd. 10 11 (hereinafter called the "Principal ") as 12 Principal, and the Fiji;+W, and T try , °al o tration duly organized 13 under the Iaws of the State of Wisconsin and duly licensed to 14 transact business in the State of Texas (hereinafter called the 15 "Surety"), as Surety, are held and firmly bound unto THE CITY OF ROUND ROCK, 16 TEXAS (hereinafter called the "Obligee "), in the sum of 17 One Hundred Ninety Eight Thousand dollars 18 ($ 198,000.00 ) for the payment of which sum well and truly to be made, 19 we, the said Principal and the said Surety, bind ourselves, our heirs, executors, 20 administrators, successors and assigns, jointly and severally, firmly, by these presents. 21 22 Sealed with our seals and dated this day of , A.D. nineteen 23 hundred and 24 25 WHEREAS, the said Principal has heretofore entered into a contract with 26 The City of Round Rock, Texas 27 _ Dated , 19_, for construction of: 28 City of Round Rock Water System Improvements - Well Site No 9 2 9 Modifications 30 31 WHEREAS, the said Principal is required to guarantee the construction of all 32 improvements installed under said contract, against defects in materials or workmanship, 33 which may develop during the period of One year(s) from the date of 34 acceptance of the project above described, by Owner: 35 The City of Round Rock, Texas 36 37 NOW, THEREFORE, THE CONDITIONS OF THE OBLIGATIONS IS SUCH that if 38 said Principal shall faithfully carry out and perform the said guarantee, and shall, on due 39 notice, repair and make good at its own expense any and all defects in materials or 40 workmanship in the said work which may develop during the period of One 41 year(s) from the date of acceptance of the project above described, by Owner: 42 43 The City of Round Rock, Texas 44 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 00504 -2 1 WARRANTY BOND (continued) 2 3 OR shall pay over, make good and reimburse to the said Obligee all loss and damage 4 which said Obligee may sustain by reason of failure or default of said Principal so to do, 5 then this obligation shall be null and void; otherwise shall remain in full force and effect. 6 7 8 Principal 9 10 By: IY/ZY/(.tlify By: 1 1 Glenn Ri i rds 12 13 14 Title General Partner 15 16 17 Address 18 19 20 21 Resident Agent of Surety: 34 35 Matous Construction, Ltd. P.O. Box 5258 22 23 Summit Global Partners 24 Printed Name 25 26 P.O. Box 3623 27 Address 28 29 Temple, Texas 76505 30 City, State & Zip Code 31 32 33 Signature G chards END OF SECTION Fidelity and Guaranty Insurance Surety Underwriters, Inc. Title Address Vi .E par pg.-4 of Matous Construction Co., Inc. Attorney -In -Fact 100 Light Street Temple, Texas 76505 Baltimore, MD 21202 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 340 Know all men by these presents: That Fidelity and Guaranty Insurance Undenyriters, Inc., a corporation organized and existing under The laws of the State of Wisconsin and having its principal office at the City of Baltimore, in the State of Maryland. does hereby constitute and appoint Glenn Richards and Emily Mikeska of the City of Temple , State of Texas its true and lawful Attorney1n - in-Fact. each in their separate capacity if more than one is named above. to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings. contracts and other written instruments in the nature thereof on behalf of the Company in its business of guaranteeing the fidelity of persons; guaranteeing the performance of contracts; and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, the said Fidelity and Guaranty Insurance Underwriters. Inc. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Assistant Secretary, this 8th day of January ,0.2.1997. Fidelity and Guaranty Underwr (Signed) By . Vice President State of Maryland I Baltimore City I FS 91112/961 SS: Signed , istant Secretary On this 8th day of January AD. 19 97, before me personally came Gary A. Wilson, Vice President of Fidelity and Guaramy Insurance Underwriters, Inc. and Thomas E. Huibregtse, Assistant Secretary Of said Company. with both of whom I am personalty acquainted, who being by me severally duly sworn, said, that they, the said Gary A Wilson and Thomas E. Huibragtae were respectively the Vice President and the Assistant Secretary of the said Fidelity and Guaranty Insurance Underwriters, Inc_ the corporation described in and which executed the foregoing Power of Attorney; that they each knew the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate seal. that it was so affixed by order of the Board of Directors of said corporation. and that they signed their names thereto by like order as Vice President and Assistant Secretary, respectively. of the Company. My Commission expires the lst day of A us A Notary This Power of Attomey is granted under and by authority of the following Resolutions adopted by the Board of Directors of the Fidelity and Guaranty Insurance Underwriters, Inc. September 24,1992: Resolved. that in connection with the fidelity and surety insurance business of the Company, all bonds. undertakings, contracts and other instruments relating to said business may be signed. executed, and acknowledged by persons or entities appointed as Attomeyls }in -Fact pursuant to a Power of Attomey issued in accordance with these resolutions. Said Power(s) of Attomey for and on behalf of the Company may and shall be executed in the name and on behalf of the Company. either by the Chairman, or the President. or an Executive Vice President, or a Senior Vice President, or a Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such offices may be engraved, printed or lithographed. The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing AttomeylsFin -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and subject to any limitations set forth therein, any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached. Resolved. That Attomeylsi-in -Fact shall have the power and authority and, in any case, subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings, and other writings obligatory in the nature thereof, and any such instrument executed by such Attomeyls}in Fact shall be as binding upon the Company as if signed by an Executive Officer and sealed and attested to by the Secretary of the Company. I, Thomas E. Huibregtse. an Assistant Secretary of the Fidelity and Guaranty Insurance Underwriters, Inc, do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24,1992 and that these Resolutions are in full force and effect. I, the undersigned Assistant Secretary of the Fidelity and Guaranty Insurance Underwriters, Inc. do hereby certify that the foregoing Power of Attorney is in full force and effect and has nor been revoked. In Testimony Whereof, I have hereunto set my hand and the seal of the Fidelity and Guaranty Insurance Underwriters, Inc. on this day of .19 stant Secretary 05/14/1999 16:01 2547780442 CERTIFICATE OF LIABILITY INSURANCE SUI2lIT GLOBAL PARTNE PAGE 02/02 Da%_ May 14, 1999 PRODUCER COMPANIES AFFORDING COVERAGE Suem<it Global Partners P. 0. Box 3623 A Trinity Universal Ins Co. Temple, TX 76505 INSURED Matous Construction Co., Inc. and /or Matous Construction, LTD C P. 0. Box 5258 Temple, TX 76505 B D 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 provision 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 A GENERAL LIABILITY TXP8293346 2 - - 99 1 - - GENERAL AGGREGATE 1 2,000,000 PRODUCTS- COMP/OPAOG. `$ 2,000,000 PERSONAL & ADV. INJURY ,S 1,000,000 EACH OCCURRENCE q 1,000,000 FIRE DAMAGE (Any one fire) :5 100,000 MED. EXPENSE (Any one petsan) 5,000 A AUTOMOBILE LIABU1TY TCA8293349 1 - - 1 - - COMBINED SINGLE LIMIT g 1,000,000 BODILY INJURY (Per person) S BODILY INJURY (Per accident) S PROPERTY DAMAGE 5 A EXCESS. LIABILITY UUSL334B I— 11—Y I —IL —UU EACH OCCURRENCE ,s 5,000,000 AGGREGATE •$ 5,000,000 A WORKERS' COMPENSATION t4 — — — I u— AND EMPLOYERS' LIABILItY OTHER DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /SPECIAL ITEMSIEXCEPTIONS Re: City of Round Rock Water System Improvements Well Site No.9 Modifications. = *Blanket waive of subrogation, blanket additional insured, and 30 —day cancellation endorsements as required by written contract agreement.** The City of Round Rock is named as additional insured with respect to all policies except Workers' Compensation and Employers' Liability. Should any of the above described policies by cancelled or changed before the expiration date thereof, thc.issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER; City of Round Rock 221 E. Main Sum Round Rock. Texas 78664 atm: Joanne Land SIGNATURE OP AUTHORIZED REi?RESENTATIVE T Tide: STATUTORY LIMITS EACH ACCIDENT S 500,000 DISEASE • POLICY LLMIT $ 500,000 DISEASE • EACH EMPLOYEE j5 500,000 enn Richards Vice President 00505 -1 1 SECTION 00505 2 RESOLUTION OF CONTRACTOR 3 4 I hereby certify that it was RESOLVED, the Owner Matous Construction Ltd., 5 Name of Business 6 meeting on the it day of INIM t , 1999 that peaty E. 'x.wuuly 7 Name 8 W LE PPEStoEt4'r , be, and hereby is, authorized to execute all documents 9 Title 10 necessary to the transaction of business in the State of Texas on behalf of the said 11 12 Matous Construciton Ltd. 13 Name of Business 14 15 16 In authentication of the adoption of this resolution, I subscribe my name this 17 1 day of APZ.tL , 199 18 if iJti�� ier 19 21 20 Owner 22 23 24 (Notary) 25 26 Sworn to and subscribed before me this 28 day of Ap i r 1 19 99 27 28 30 Notary Public 31 32 33 . < ' County, Texas 34 2/17/02 35 My Commission Expires: 36 37 END OF SECTION Bell 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 00301 -1 1 " SECTION 00301 2 BID FORM 3 1 4 5 PROJECT IDENTIFICATION: City of Round Rock Water System Improvements 6 Well Site No. 9 Modifications 7 8 THIS BID IS SUBMITTED TO: The City of Round Rock, Texas, herein after 9 referred to as OWNER 1 lU 11 1. Enter Into Agreement. 12 13 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an 14 Agreement with OWNER in the form included in the Contract Documents to perform and 15 furnish all Work as specified or indicated in the Contract Documents for the Bid Price 1111 16 and within the Bid Times indicated in this Bid and in accordance with the other terms and 17 conditions of the Contract Documents. 1 18 19 2. BIDDER Accepts. 20 21 BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid 22 and Instructions to Bidders, including without limitation those dealing with the 23 disposition of Bid security. This Bid will remain subject to acceptance for 30 days after 24 the day of Bid opening. BIDDER will sign and deliver the required number of 25 counterparts of the Agreement with the Bonds and other documents required by the 26 Bidding Requirements within 15 days after the date of OWNER's Notice of Award. I 27 28 3. BIDDER's Representations. 29 30 In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, 31 that: 32 33 a. BIDDER has examined and carefully studied the Bidding Documents and the 34 following Addenda receipt of all, which is hereby aclmowledged: (List 35 Addenda by Number and Date) 36 37 ADDENDA NO. DATE 38 J Aram. 3.1q°!9 N 39 40 41 11 42 b. BIDDER has visited the site and become familiar with and is satisfied as to 43 the general, local and site conditions that may affect cost, progress, 44 performance and furnishing of the Work. • 1 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 00301 -2 1 c. BIDDER is familiar with and is satisfied as to all federal, state and local Laws 2 and Regulations that may affect cost, progress, performance and furnishing of 3 the Work. 4 5 d. BIDDER has obtained and carefully studied (or assumes responsibility for 6 having done so) all such additional or supplementary examinations, 7 investigations, explorations, tests, studies and data concerning conditions 8 (surface, subsurface and Underground Facilities) at or contiguous to the site or 9 otherwise which may affect cost progress, performance or furnishing of the 10 Work or which relate to any aspect of the means, methods, techniques, 11 sequences and procedures of construction to be employed by BIDDER and 12 safety precautions and programs incident thereto. 13 14 e. BIDDER does not consider that any additional examinations, investigations, 15 explorations, tests, studies or data are necessary for the determination of this 16 Bid for performance and furnishing of the Work in accordance with the times, 17 price and other terms and conditions of the Contract Documents. 18 19 f. BIDDER has correlated the information known to BIDDER, information and 20 observations obtained from visits to the site, reports and drawings identified in 21 the Contract Documents and all additional examinations, investigations, 22 explorations, tests, studies and data with the Contract Documents. 23 24 g. BIDDER has given ENGINEER written notice of all conflicts, errors, 25 ambiguities or discrepancies in the Contract Documents and the written 26 resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract 27 Documents are generally sufficient to indicate and convey understanding of 28 all terms and conditions for performing and furnishing the Work for which 29 this Bid is submitted. 30 31 h. Where conflicts, errors, ambiguities or discrepancies have been discovered in 32 or between Contract Documents and/or other related documents, and where 33 said conflicts, etc., have not been resolved through the interpretations or 34 clarifications by ENGINEER as described in the Instructions to Bidders, 35 because of insufficient time or otherwise, BIDDER has included in the Bid the 36 greater quantity or better quality of Work, or compliance with the more 37 stringent requirement resulting in a greater cost. 38 39 i. This Bid is genuine and not made in the interest of or on behalf of any 40 undisclosed person, firm or corporation and is not submitted in conformity 41 with any agreement or rules of any group, association, organization or 42 corporation; BIDDER has not directly or indirectly induced or solicited any 43 other BIDDER to submit a false or sham Bid; BIDDER has not solicited or 44 induced any person, firm or corporation to refrain from bidding; and BIDDER 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 1 1 1 1 1 , X 1 1 1 1 1 1 1 1 1 1 Pa 1 has not sought by collusion to obtain for itself any advantage over any other 2 BIDDER or over OWNER. 3 4 4. Bid Prices. 5 6 BIDDER will complete the Work in accordance with the Contract Documents for the 7 following price(s) as indicatec'bn the completed bid price form. Unit and lump sum 8 prices must be shown ih wordsund figures for each item listed, and in the event of 9 discrepancy, words shall govern. 10 11 BASE BID 12 13 1. Base Bid to include all work indicated on the Drawings and as specified for 14 improvements related to Well Site No. 9 Modifications, with the exception of Trench 15 Safety Systems. • �' • .. '° 16 . 17 LUMP SUM BID PRICE ' ' •' • 18 19 6 111114170180 N116161 40∎1114 hcd50.Mo Dollars($ (91. ) 20 (use words) (use figures) 21 22 2. Base Bid for installing, maintaining, and removing approximately 100 square feet of 23 excavation safety systems for work related to Base Bid Item 1: 24 25 LUMP SUM BID PRICE 26 27 sa. e E ^T1ViouSb.M V Dollars ($ 1, 000. 41-1" ) 28 (use words) (use figures) 29 30 TOTAL AMOUNT FOR BID ITEMS 1 through 2 *: 3 2 o a 1 L r uuatl tJii*rr MCAT ' A 1 o u s A w 4 c s Dollars ( $ I CL B coo ' 2 ) 33 (use words) (USe) 34 35 Statement of Materials and Other Charges for Bid Items: 36 37 Materials incorporated into Bid Items $ 1S O, O. °•=- 38 All other charges associated with Bid Items $ l 9 Si Ovo • 39 TOTAL 40 41 * This total must agree with the Total amount for Bid Items (above). 00301 -3 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 00301 -4 1 5. Completion. 2 3 BIDDER agrees that the Work will be substantially completed and completed and ready 4 for final payment in accordance with paragraph 14.07B of the General Conditions on or 5 before the dates or within the number of calendar days indicated below: 6 Addlwdu 131. 7 Substantial Completion °jp . 8 Final Completion 1%0 X-days 9 10 6. Liquidated Damages. 11 12 BIDDER accepts the provisions of the General Conditions as to liquidated damages in 13 the event of failure to complete the Work within the times specified. Liquidated 14 Damages for failing to complete the Work indicated shall be assessed as indicated below: 15 Ildde+.A•■+ fL 16 Substantial Completion 24D $$80jday 17 Final Completion 1 `So $300/day 18 19 7. Schedule of Major Equipment Suppliers 20 21 In connection with major items of equipment to be furnished and installed in this Project, the 22 Undersigned expressly agrees to the following provisions: 23 24 (1) That the Bid stated above includes the furnishing and installing of equipment 25 furnished by one of the manufacturers listed in the specification section. The 26 Undersigned shall furnish equipment listed in the Schedule of Major Equipment 27 Suppliers found below. 28 29 (2) The installed price of the equipment includes the cost (if any) of changes in the 30 structure, buildings, piping, wiring, accessories, etc., necessary to accommodate the 31 particular equipment proposed. 32 33 (3) Owner reserves the right to reject any bids which do not include one and only one 34 manufacturer for each of the major equipment items below. 35 36 (4) If a Bidder does not provide a manufacturer for each of the major equipment items 37 below, the Owner shall choose the manufanhuerfor that major equipment item from 38 the list of approved equipment manufacturers to be used for this Project at no extra 39 cost to the Owner. 40 41 (a) Section 13999 - Chlorine And Ammonia Feed Systems. 42 43 G,s.>rraa.. . ...+ 44 Will this i be provided in full accordance with the Drawings and Specifications? 45 Yes y No 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 1 00301 -5 I 1 8. Attached Documents. 2 3 The following documents are attached to and made a condition of this Bid: 4 a. Required Bid Security in the form of Ow 15,.4v. 5 b. A tabulation of the subcontractors, suppliers and other persons and organizations 6 required to be identified in this Bid. I 7 Electrical/Instrumentation GRN I� ou4 1PUyretr y 8 Other 9 c. Section 00302. RI 10 d. Section 00303. I1 12 9. Address for Communications. 11 13 14 Communications concerning this Bid shall be addressed to: 1 15 1 16 HDR Engineering, Inc. 17 2211 S. IH -35, Ste. 300 18 Austin, TX 78741 4 19 (512) 912 -5100 20 Attn: Mr. Jim Yurczyk, P.E. 4 21 22 10. Defined Terms. 23 4 24 Terms used in this Bid which are defined in the General Conditions or Instructions will 25 have the meanings indicated in the General Conditions or Instructions. 26 q4 27 SUBMITTED on APeit. 13 , 28 29 If BIDDER is: 4 30 31 An Individual 32 1 1 33 By (SEAL) 34 (Individual's name). 35 36 doing business as 37 38 Business address: 39 40 Phone No.: 41 11 42 43 1 1 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 00301 -6 1 A Partnership 2 3 By Matous Construction Ltd. (SEAL) 6 debt, (Firm name) 4 ,Vice President of Matous Construction Co., Inc. 5 7 (General partner) 8 9 Business address: P.O. Box 5258, Temple, Tx 76505 10 11 12 PhoneNo.: 254/780 -1400 13 14 A Corporation 15 (SEAL) 16 By 17 (Corporation name) 18 19 20 (State of incorporation) 21 22 By (SEAL) 23 (Name of person authorized to sign) 24 25 26 (Title) 27 28 29 (Corporate Seal) 30 31 Attest 32 (Secretary) 33 34 Business address: 35 36 37 38 Phone No.: 39 40 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 1 a 1 a a 1 a 1 1 1 1 1 1 1 1 1 1 4 - 00301 -7 It 1 A Joint Venture 2 3 By (SEAL) II 4 (Name) 5 6 (Address) I 7 8 By (SEAL) 9 (Name) III 10 11 (Address) 12 4 13 14 Phone number and address for receipt of official communications: 15 4 16 17 18 19 20 NOTE: Each joint venturer must sign. The manner of signing for each individual, II 21 partnership and corporation that is a party to the joint venture should be in the manner 22 indicated above. 23 NI 24 END OF SECTION 25 1 1 ri 1 1 1 1 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 1 •. 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 2 3 4 5 The 1985 Session of the Texas Legislature passed House Bill 620 relative to the award of 6 contracts to non - resident bidders. This law provides that, in order to be awarded a 7 contract as low bidder, non- resident bidders (out of state contractors whose corporate 8 officers or principal place of business are outside of the state of Texas) bid projects for 9 construction, improvements, supplies or services in Texas at an amount lower than the 10 lowest Texas resident by the same amount that a Texas resident bidder would be required 11 to underbid a non - resident bidder in order to obtain a comparable contract in the state in 12 which the non - resident's principal place of business is located. The appropriate blanks in 13 Section A must be filled out by all out -of -state or non - resident bidders in order for your 14 bid to meet specifications. The failure of out -of -state or non - resident contractors to do so 15 will automatically disqualify that bidder. Resident bidders must check the line in Section 16 B. 17 18 A. Non- resident bidder in (give state), our principal place 19 of business, are required to be percent lower than resident bidders 20 by state law. 21 22 23 24 25 B. Our p • ipal place of business or corporate offices are in the State of Texas. 26 27 28 29 BIDDER Matous Construction Ltd. By: Don R. Schuch (Company Name) : 1/34, � ^^ t+,��; P.O. Box 5258 Signature SECTION 00302 VENDOR COMPLIANCE TO STATE LAW Non - resident vendors in (give state), our principal place of business, are not required to underbid resident bidders. Temple, Texas 76505 Title: V.P. General Partner (Please Print) of Matous Constructic Company Inc. city State Zip 30 31 THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL 32 33 END OF SECTION 34 35 00302 -1 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 SECTION 00303 00303 -1 1 2 BIDDER'S QUESTIONNAIRE 5 The following information is required •for ialuation'otlie`1ow�r 3 de'r s califications 6 and experience. Complete this form and return it with the Proposal. 7 8 1. Bidder: Matous Construction Ltd. 9 10 2. Years in business under present business name: 1 c i SS 11 12 3. Attach a list of similar projects completed in the past five years. Provide the name of 13 the Owner and Engineer for each project and include the name and telephone number 14 of the contact person for each organization. 15 16 4. Attach a list of current projects. Provide the name of the Owner and Engineer for 17 each project and include the name and telephone number of the contact person for 18 each organization. Indicate the total value of each contract and the value of the work 19 remaining. 20 21 5. Have you ever failed to complete any work awarded to you? 22 No x Yes If yes, explain: 23 24 25 26 6. Are you presently involved in any litigation or lawsuits involving construction work 27 of any type? 28 No x Yes If yes, explain: 29 30 31 32 7. Identify the individuals you propose to serve in the following functions and list the 33 project and contract value of the most recent project they served in the same capacity 34 on: 35 36 Project Manager: Dow. 2. S as&UU4 37 Previous Project .a - �• -'iestT Sae . 38 Project Superintendent _.1.41...1 `{a..tt% W u. a btfi+ew 39 Previous Project: g+w.oata -t $ti•A• - le. crt4 l k Z. 40 Compass Bank 41 8. Identify your principal bank: 42 ContactPerson: Wendall Williams Phone: 254/939 -3501 43 44 9. Identify your bonding company /agent: Summit Global Partners 45 ContactPerson: Glenn Richards Phone: 254/778 -1607 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications 2 10. What percent of annual volume is in water tank 4 11e IMuya 5 6 7 8 9 10 11 12 13 14 15 16 17 18 14. How many lost time accidents has the company had in the last year? 19 If any, then describe accidents and amounts of time lost. 20 21 22 23 24 25 00303 -2 O GIIgt"ti 0 FiED 6- Ms 12. Volume of gross construction business during the last three years: 1998 $ 1—. Q 1997 $ lug °O 1996 $ =7 ova, omo- 13. Has the company received an OSHA citation during the most recent 12 mos.? re. . If Yes, then how many and for what? THIS FORM MUST BE RETURNED WITH YOUR PROPOSAL END OF SECTION 07225.039.036 City of Round Rock Water System Improvements Well Site No. 9 Modifications April 1999 1 1 1 1 1 1 1 1 1 1 11 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 27 28 29 30 31 32 33 34 35 36 37 00505 -1 1 SECTION 00505 2 RESOLUTION OF CONTRACTOR 3 4 I hereby certify that it was RESOLVED, the Owner Matous Construction 5 Name of Business 6 meeting on the 1st day of April , 19 ,that Don R. Sr-hurls, 7 Name 8 Vice President , be, and hereby is, authorized to execute all documents 9 Tide 10 necessary to the transaction of business in the State of Texas on behalf of the said 11 12 Matous Construction 13 Name of Business 14 15 16 In authentication of the adoption of this resolution, I subscribe my name this 17 1st d , 19 99 18 rtY��ua7^. 19 20 21 Owner 22 23 24 (Notary) 25 26 Sworn to and subscribed before me this 12 day of April 1999 Notary Public Bell County, Texas My Commission Expires; 2/17/02 END OF SECTION 07225.039.036 City of Round Rock Water System Improvements April 1999 Well Site No. 9 Modifications Experience Record Matous Construction Project Owner Engineer Contact Contract Amt Person Complete Projects Water Treatment Plant City of Robinson The Wallace Group John Winkler $4,549,655.00 817/772 -9272 Bob Wallace Wastewater Tmt Plant City of Round Rock HOR Engineers Jim Glaser $97,700.00 512/912 -5100 Flow Metering City of Gatesville The Wallace Group John Winkler $46,500.00 817/772 -9272 Wastewater Tmt Plant City of Copperas Cove Blackwell, Lackey & Assoc Pat Lackey 4380,000.00 512/442 -3008 Water Treatment Plant City of Taylor Jones & Neuse Marvin Reavis $1,101,764.00 512/327 -9840 Wastewater Tmt Plant City of Schulenburg O'Mall Engineers Bob Schmidt $1,045,733.00 409/836-7937 Aeration Equipment City of Bartlett The Wallace Group John Winkler $48,700.00 817/772 -9272 Wastewater Treatment Plant City of Fredericksburg C. Darryl Primeaux Darryl Primeaux $2,062,750.00 512/327 -6729 Disinfection Facility City of Round Rock Blackwell, Lackey & Assoc Pat Lackey $289,000.00 512/442 -3008 Water Treatment Plant & Bluebonnet Water Supply Cor Duff Consulting Engineers John Scales $4,602,460.00 Raw Water Intake 817/756 -5414 Wkinprog Page 1 Wkinprog Page 2 South Austin Regional WWTP City of Austin Turner, Collie & Braden Brian Duane $1,348,900.00 512/329 -5002 Stormwater Runoff Improv. MATES Training Facility Adjutant General Capt. Junot $164,000.00 5121706 -6746 Booster Pump Station Adjutant General The Wallace Group John Winkler $49,800.00 817/772 -9272 Booster Pump Station City of Leander Jay Engineers Fred Jay $859,640.00 512/259 -3882 Water Treatment Plant Aqul Ila Water Supply Knowlton- English Flowers Bill Flowers $1,840,975.30 817/283 -6211 Fryer Creek Lift Station City of Temple Freese & Nichols Mr. Les Boyd $1,015,370.00 TC Green Water Tmt Plant City of Austin Tumer, Collie & Braden Shelby Eckols 8388,000.00 512/329 -5002 Lobo Street Lift Station City of Cedar Park Turner Collie & Braden Brian Duane $1,078,642.00 512 - 472 -4519 Wastewater Tmt Plant Hurst Creek MUD James Miertschin & Assoc James Miertschin Work In Progress Water Tmt Plant Expansion Hurst Creek MUD James Miertschin & Assoc James Miertschin 8639,000.00 Hornsby Bend Sludge Mang. City of Austin CH2M Hiil Mike Uchniat $4,431,239.06 Contract 1 Hornsby Bend Sludge Mang. City of Austin CH2M Hill Mike Uchniat $6,619,142.39 Wkinprog Page 2 Fidelity and Guaranty Insurance Underwriters, Inc. Baltimore, Maryland A Stock Company Bid Bond Know All Men By These Presents: That ..Mat= . Construction, . LTD of .. Texataa., ..TX , as Principal. and the other undersigned as Surety, are held and firmly bound unto .. gitY Of Ronnd Rpck as obligee, in the (wand Wan of Five Per — Cent of the Greatest Amount Bid by Principal - - -5% of Amount Bid -- lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves. our heirs, executors, administrators, successors. and assigns, jointly and severally, firmly by these presents. Whereas. the said Principal is herewith submitting its proposal for Water system improvementa Well Site No.9 Modifications The Condition Of This Obligation is such that if the aforsaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obligation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the amount for which the Obligee legally contra with another party to perform the work if the Inter amount be in excess of the former, but in no event shall liability hereunder weed the penal sum hereof. Signed sealed and delivered ..Apr .13... 1.999 Waal on. . AYr 'hull (saahl \ftC.E Pr-4' StPferr of Matpgs Construction Co., Inc. r Ge jal Partner Fidelity and Guaranty htsnrance Underwriters, Inc. Carom 500W Bond Number Dollars, Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 340 Know aN men by these preset: That fideky and Guaranty Insurance Underwriters. lac., a corporation organized and r dsteg order the laws of the State at %%certain and having its principal office at the City of Baltimore, in the State of Maryland does hereby coroitote and appoint Glenn Richards and Emily Mikeska of the City of Temple . State of Texas its sue and lawful Attommts}in-Fact each in their separate capacity it more than one Is named above. to sign its name as surety to and to execute. seal and acknowledge any and all bonds. undertali gs, contracts and other written instruments in the name thereof on behalf of the Company in its business of quarantining the fidelity of persons guaranteeing the performance of contracts and existing a guaranteeing bads and undertakings required or peached in any scions or proceedings allowed by law. In Witness Whereof. the said Fidelity and Guaranty Insurance Underwriters. lac. has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Assistant Secretary, this 8th day of January . A.o.1997. Fidelity and Guaranty nsswwsacs Undernritets,1 (Signed) By .! sJ� • Vice President (Signed) By SS: State of Maryland 1 B altimore City 1 FS B1(12/961 r4 Onods 8 day of January . &D.19 97. fo4 me personally setae Gary A. W ilson, Vice President of Fidelity and Guaranty Insurance U nderwrite= Inc. and Thomas E Huibregtse, Assistant Secrete e { e id Company, wdIpewitom I am 'rated who being by me sas,aNy duly sworn, said that they, the said Gary A. Wilson and Thomas E Hut were respectively ice President natant Seaetary of the said Fidelity and Guaranty Insurance Underwritten. lac., the corporator {qtr which eaa:ut d l loregoi g Power o • that they each knew the seal of said corporation: that the seal affixed to said Power of Attorney was such seal, that it was by order of Uhg Directors of said corporation. and that they signed their names hereto by Ike order as Woe President and Assistant ry. the Company. MyCaemreeion spires the 1St dayaf at AA - - Notary c This Pow of Attorney is granted under are* 'authority of the following Rewkrtians adapted by the Board of Directors of the FdeStp and Guaranty humane* Underwriters, Inc. September 24,1992: Rosebud, that in cem.cdon with the fidelity and surety inseam m business of the Cowper= all bads, mtdarakisgs, anuaas and ether instruments rebut%to said business may be signed. weaned. and aWtowledged by person; or entries appointed as Attorney(sHo-Fact pursuant to a Power of Ataney issued in academe with these resolutions. Said Power(s) of Attorney for and an behalf of the Company may and shall be executed in the mime and on behalf of Inc Company, either by the Chairman. or gm Preside eC or an &NAP Yoe President, or a Salo Vice President or a Vice Presided or an Assistant Wee President jointly with tar Secretary or an Assistant Secreary, under their =swedesdesignations. The signature of such officers may 6earsosed peened Or fithogapbad.T The sgraeue teach ei tan foregoing efeeem and the seal of the Company may be affixed by facsimile to any tower of Attnney or to any certificate relating thereto appanang Aaarryls).n•Fact for purpaaes only of waiting and attesting bonds and undertakings and otter writings obligemny in the neare thereof. and subject to any limitations yet forte therein any sub Power of Attorney or certificate borers such =simile signature or facsimile seal tag be valid and lending rpm the Company and any such power es weaned and certified by ash facsimile signature and *shift, seal siel be nlfd and piecing upon the Corepanywith respect to any hand a undertaking to which his validly attached. Resolved, That Atmmeylsl.imFaet shall have the power and authority and. in arty case. subject to the tams and Imitations of the Power of Atorry issued to them, to woes and deliet on behalf of the Company and to attach the sal of Inc Company to any and aN bads and undertakings. and other writings obligatory in to nacre thereof, and any such imwment erected by such Attu mells)in Fact than be as bee upon to Company as if sinned by en amain Officer and sealed end attested to by the Secretary of the Company. 1 Thomas E Humragae, an Assistant Secretary of the Fidelity and Guaranty banana Undeo dRera, Inc.. do hereby certify that Inc laegobg are bun excerpts hem tan Resolution of the said Ce mpaey as adopted by its Roan of Directors on September 24, 1902 and that these Resolutions are in full fora and effect C the udemiwed Assistant Secretary of the fidelity Ned Guaranty Insurance Undrwrie rs, Inc. do hereby certify that to foregoing Power of Attorney is in MI face and effect end has not been awlad. In TesimayWhereof, I have hereunto set my hand and the seal of the Fidelity and Guaranty Insunnee Uederw ltea.lae. en this 13th dayof April .19 99 iatant Seaman/ 91348' • U S F+G' RESOLUTION NO. R- 99- 04- 22 -10D4 WHEREAS, the City of Round Rock has duly advertised for bids for modifications to Well No. 9, and WHEREAS, Matous Construction Company has submitted the lowest and best bid, and WHEREAS, the City Council wishes to accept the bid of Matous Construction Company, 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 Matous Construction Company for modifications to Well No. 9, 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 22nd day of April AT . JO A E LAND, City Secretary K :\WPLJCS \RESSLUTI \R904 WPU/scg CHARLES CUL'E'°ER, Mayor City of Round Rock, Texas April 14, 1999 Mr. Steve Miller, P.E. Utilities Engineer City of Round Rock 2008 Enterprise Round Rock, TX 78664 Re: City of Round Rock Water System Improvments Recommendation - Well Site No. 9 Modifications Dear Mr. Miller: On April 12, 1999 Bids were opened for the project referenced as Well Site No. 9 Modifications After reviewing the Bids submitted, we have summarized the alternatives for award in the attached table. The lowest qualified responsive Bidder for the project is Matous Construction Co., Inc. who submitted a Bid amount of $198,000. Although this Bid amount is slightly below our estimate of $200,000, it still appears reflective of the effort required to perform the Work. We have reviewed the financial status, backlog of work, commitment to the project schedule, and quality control of Matous Construction Co., Inc. and we have no concerns with their ability to perform the work indicated. Therefor, we are recommending award of the project to Matous Construction Co., Inc. We will forward you Notice of Award and Contract Packets upon Council approval of award. Please call should you have any questions or need any further information. Sincerely, f-/� Jam As A. Yurczyk, Jr., P.E. Project Manager JAY /bbc Enclosures Xe: Don Schuch, Matous Construction Co., Inc. (w /o enclosures) 254-780-2599 HDR Engineering, Inc. Employee - owned 2211 South IH 35 Telephone Suite 300 512 912 -5100 Forum Park Fax Austin, Texas 512 442 -5069 78741 Acknowledge Receipt of Addenda Y Y Y Y Y Bid Bond Y Y Y Y Y Acknowledge Materials Provided Y Y Y Y Y List Subcontractors Y Y Y Y Y Vendor Compliance to State Law Y Y Y Y Y Bidder's Questionnaire Y Y Y Y Y Chlorine /Ammonia SD Submittal Y Y Y Y Y Total Amount Bid $198,200 $198,000 $286,800 $227,400 $200,000 City of Round Rock Water System Improvements Well Site No. 9 Modifications Bidders Tabulation Sheet C O U e d bid_tabs.xls 4/15/99 DATE: April 16, 1999 SUBJECT: City Council Meeting — April 22, 1999 ITEM: 10.D.4. Consider a resolution authorizing the Mayor to execute a contract for modifications to Well No. 9. Bids were received on April 13 for the Well Site No. 9 Modifications. This project involves modifications necessary to bring this groundwater well site back on -line this summer. The work includes the installation of new chlorinators and ammonia injection equipment including metering pumps and safety equipment. The capacity of this well is approximately 700 gpm or 1 MGD. This additional increase in capacity is to supplant existing water production capabilities during this summer. The low bidder was Matous Construction Co., Inc. and the bid price was $198,000.00. The engineering estimate was $200,000.00 and Staff recommends approval. Staff Resource Person: Jim Nuse, Public Works Director.