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R-13-03-28-I4 - 3/28/2013RESOLUTION NO. R -13-03-28-I4 WHEREAS, the City of Round Rock has duly advertised for bids for the Reuse Water Transmission Main: Phase IV -B 1.25 MG Elevated Storage Tank Project, and WHEREAS, Landmark Structures I, L.P. has submitted the lowest responsible bid, and WHEREAS, the City Council wishes to accept the bid of Landmark Structures I, L.P., 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 I, L.P. for the Reuse Water Transmission Main: Phase IV -B 1.25 MG Elevated Storage Tank Project. 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. RESOLVED this 28th day of March, 2013. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0: \wdox\SCCI nts\0112\ 1304\MUNIC IPAL\00270514.DOC/rmc City of Round Rock 'ROUND ROCK TEXAS w�vasc x�n rmsrmitt Agenda Item Summary Agenda Number: 1.4 Title: Consider a resolution authorizing the Mayor to execute a Contract with Landmark Structures I, L.P. for the Phase IV -B: Reuse Water Transmission Main and Elevated Storage Tank Project. Type: Resolution Governing Body: City Council Agenda Date: 3/28/2013 Dept Director: Michael Thane, Utilities Director Cost: $2,994,000.00 Indexes: Self -Financed Water Construction Attachments: Resolution, Certified Bid Tab, Reommendation Letter Text of Legislative File 13-126 This project continues the City's efforts to provide reuse water to the developing Northeast area of Round Rock. This contract is for the construction of Phase IV -B of the Reuse Water System Improvements. This project includes a 1.25 million gallon Elevated Water Storage Tank and approximately 900 linear feet of 16 inch reuse water transmission line. This line will connect to the Phase IV -A Reuse Transmission Main currently in design with Baker-Aiklen as part of the College Park Drive Improvements. The tank will provide 1.25 million gallons of elevated storage capacity for the Reuse Water System to provide storage and help control pressure in the system. On February 28, 2013, four bids were received and opened in public ranging from $2,994,000 to $3,918,000 with Landmark Structures I, L.P. submitting the lowest bid. HDR Engineering, Inc. and the City Utility Staff recommend this contract with Landmark Structures 1, L.P. for the amount of $2,994,000. Anticipated completion date of this project is scheduled for June of 2014. The City has received a federal grant from the Bureau of Reclamation that will reimburse 25% of the total cost of the project. Staff recommends approval. City of Round Rock Page 1 Printed on 312512013 i a C N � m O� O F o 2 U N 7 Q N W r . 32 - 2Wo m N O � 10 a c a O C LD s s si LID d in o a Vi �i Oil I a aoj n in i > 1>>> 11> { dai w g g 5gt�� 61 Go g� 5g� g 0 25� gi o 1l1 CqS Wr y IA 691 VLA Vl i9 C4 i w7 wE l w wf w, a 8i pQg! L ;yy ai aoj 8s �t �I ui C s { to alis hi Vt 69 W H ; N; H� N gQ $ s gt gj g ta9j N� Y4 H� q► Vh a9 H� _.. Sol fd. 2p5`• 257 Zb5i g; IL In Oji q:! N� C { 174 1 ill Ni yy pl /q� NC N! 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Ni is Ni N h IO} :G g1 441 U5j ; � ' L r ` t ` i ) I I E 1 a E c � r ? t t o i F W :C o m _ E Tp r r W jr hec_S .�. , U)m 3 � co Cc C a� LU CC �LL tx 'ro 11 E� Lo� d�� }� �g`E� � �ca` � z g _; 0 �i W i 1 IL Eta� y ra� q� W p�� Es $ y$ ! C E j E�zaj !� LY $ FaC •- m E 4�Z pnp !` iUdcoinner •—' N C ! W C OD W W 'E .a i H I •�.W.. g$ a o }� �> iyyaW W 3 y �r N 1�' `a appp i� N C gill r , j R V! .� _ I ^ ' a C me b C I !' ulA rJi �•-1V I N •- a n'S—•-m _n Op C 3 z g' r.0 .a —S. I � g' a .Q r .7i- �E' $ E E ` a' �llE m ... E ! i s r LL V IL O N �V o_ N F ..._ W N �N `N f ,N :N W 0I d i iii 1 March 4, 2013 Mr. Jeff Bell City of Round Rock 2008 Enterprise Drive Round Rock, Texas 78664 Re: Reuse Water Transmission Main: Phase 4B 1.25 MG Elevated Storage Wank Recommendation to Award Construction Contract Dear. Mr. Bell: t On February 28, 2013, HDR Engineering assisted the City with opening bids for the above referenced project. Four responsive bid proposals were submitted for constructing the Elevated Storage Tank, with total Base Bid price's ranging from $2,994,000.00 to $3,918,000.00.. The project bidding documents also included one Additive Alternate bid item designated AA -1. The price for the Additive Alternate ranged from $330,000.00 to $370,000.00. One bidder did not i include a bid for. AA- I in their proposal. A detailed Bid Tabulation is enclosed for your review. Based on our review of the bids, Landmark Structures of FortWorth, Texas is the apparent low bidder with a.total Base Bid of $2,994,000.00 and an Additive Alternate aid -of $330,000.00 fora t grand total bid price of $3,324,000.00.;' A background check was performed via procurers of of a Dun & Bradstreet comprehensive financial report, which indicates that Landmark has a solid financial standing, credit rating, and payment history. Also,. HDR and the City.have previously completed several successful composite elevated gtorage tank projects with Landmark. ' After their review of the bids and based on the availability of funds, the City of Round Rock has t informed HDR that the City has elected not to accept the Additiye Alternate bid item for inclusion into this project. Based on the information presented, we recommend the City of Round Rock accept the bid of Landmark Structures in the amount of $2,994,000.00, which includes the Total Base Bid amount only. We will prepare the Notice of Intent to Award and other contract docum6nts to be k' forwarded to Landmark if the City of Round Rock concurs with this recommendation. Sincerely, HDR nearing, I t ason Christensen, P.E. Project Manager i Enclosure: Detailed Bid Tabulation . t HDR Enginbedng, hic. 4401 west Gnte*Bivd. Phone: 5124.12.5100 Texas Registered bvineedng Finn F-754 Sulk 400 Fax: 512.912.5158 Austin,TX 78745 WWW.hdrbwcom p J � � z LLJ O M�j wJ� O X O ,� City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the �:J—day of r✓ V(/ in the year 2013 BETWEEN the Owner: City of Round Rock, Texas (hereafter "Owner" or "City") 221 East Main Street Round Rock, Texas 78664 and the Contractor Landmark Structures I, L.P. ("Contractor") 1655 Harmon Road Fort Worth, Texas 76177 The Project is described as: Reuse Water Transmission Main: Phase IV -13 1.25 MG Elevated Storage Tank, Williamson County Water Reclamation and Reuse Project. The protect includes construction of a 1.25 million gallon composite elevated storage tank and related work. The Engineer is: HDR Engineering, Inc. 4401 West Gate Blvd., Suite 400 Austin, Texas 78745 Jason Christensen, P.E. For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged, Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 7, ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 8-2012 Page 1 of 5 Standard Form of Agreement 00196575 t24 t3' c3 "$t V r 11 r �II 7 CI F1 w ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten1(0 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than NAN( A ) calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than four -hundred thirty4( 30 ) calendar days from issuance by Owner of Notice to Proceed, subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial Completion in the Agreement, Contractor shall pay to Owner, as liquidated damages, the sum of one -thousand and No/100 Dollars ($1,000.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work (or any portion thereof) on or before the date(s) specified for Substantial Completion in the Agreement. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate estimation. It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than four -hundred sixty 46(_ 0 _) calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be Two Million Nine Hundred Ninety Four Thousand Dollars ($ 2,994,000.00 ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Owner: Not applicable Page 2 of 5 IARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor, and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender, Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the City of Round Rock General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above, payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require. This schedule, unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall' warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the City of Round Rock General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by Engineer. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty (30) days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment shall be treated as non -conforming Work and shall be corrected by Contractor prior to final payment, and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round Rock General Conditions. Page 3 of 5 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor, as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project Manual dated January 2013 7.1.4 The Specifications are those contained in the Project Manual dated January 2013 7.1.5 The Drawings, if any, are those contained in the Project Manual dated January 2013 7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated January 2013 7.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, if any, are those contained in the Project Manual dated January 2013 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000," Federally Required Contract Clauses, as modified. , 7.1.9 Other documents, if any, forming part of the Contract Documents are as follows: Not applicable. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Jeff Bell Project Manager 2008 Enterprise Drive Round Rock, Texas 78664 8.3 Contractor's representative is: Mike Lamon Vice President 1665 Harmon Road _Fort Worth. TX 76177 8.4 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. Page 4 of 5 w !� 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor, subject to proper additions and deductions, all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner, both parties hereto expressly agree and assert that, in the event of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly, and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least three (3) original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the Contract, and the remainder to Owner. OWNER CONTRACTOR TEXAS Printed Name: Title 1VAM. • '/ Date ATTES W iVI City Clerk FOR IT , APP OVE AS TO FORM: AP City A o ey Page 5 of 5 Landmark Structures I, L.P. by Landmark Structures Management, Inc., 1655 Harmon Road Fort Worth, Texas 76 Printed Name: G Title: VicqyFKrresidW Date Signed: • 1 ?-1- 3 PERFORMANCE BOND Bond No. 6339057 THE STATE OF TEXAS § 6 KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON Landmark Structures I, L.P. Fort Worth That of the City of ,County of Tarrant , and State of Texas , as Principal, and Fidelity and Deposit Company of Maryland authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Two million nine hundred ninety four thousand Dollars ($ 2,994,000.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the �. ); -- day of -RRA � , 2013 to which the Agreement is hereby referred to and made a part hereof A fully and to the same extent as if copied at length herein consisting of. Reuse Water Transmission Main: Phase IV -13 Williamson County Water Reclamation and Reuse Project (Name of the Project) NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects. in materials furnished by or workmanship of, the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed, then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein_ Page 1 006107-2009 Performance Bond 00090656 r C, J PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, 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 , 2013. Landmark Structures I, L.P. by Landmark Structures Management, Inc. General Partner Principal Mike Lamon Printed Name By: Title: i resident Address: 65 Harmon Road Fort Worth, TX 76177 ,----Resident Agent Surety: r--)/) " 1 Signature Tracey Haley Printed Name 12222 Merit Drive, Suite 700 Street Address Dallas, TX 75251 City, State & Zip Code 00610 7-2009 00090656 Page 2 Fidelity and Deposit Company of Maryland Surety Joseph J. DeMeo Printed N e By. I Title: orne —In—Fact Add r 1400 American Lane Schaumburg, IL 60196 Performance Bond PAYMENT BOND Bond No. 6339057 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Landmark Structures 1, L.P. , of the City of Fort worth , County of Tarrant , and State of Texas as Principal, and Fidelity and Deposit Company of authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held Maryland and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Two million nine hundred ninety four thousand Dollars ($ 2,994,000.00 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREASStha Principal has entered into a certain written Agreement with the Owner, dated the 94-'t) day of _—A -P R;',& , 2013 , to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Reuse Water Transmission Main: Phase IV -13 Williamson County Water Reclamation and Reuse Project (Namieb, th67 TJeco NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 2 00620 7-2009 Payment Bond 00090656 �I PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of .2013. Landmark Structures I, L.P. by Landmark Structures Management, Inc. General Partner Principal Mike Lamon Printed Name By: Title: neres!oent Address: lks on Road Fort Worth, TX 76177 7esident Agent of ety: I/-rwl Dz'`I Si att re Tracey Hal y Printed Name 12222 Merit Drive, Suite 700 Street Address Dallas, TX 75251 City, State & Zip Code 00620 7-2009 00090656 Page 2 Fidelity and Deposit Company of Maryland Surety / /411�---- Pri�,//Ilame By: Joseph J..DeMeo Title: _ Attorney -In -Fact Address: 1400 American Lane Schaumburg, IL 60196 Payment Bond AcoRoCERTIFICATE. OF LIABILITY INSURANCE MIDD/YYYY) WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 3/88/201/201 3 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IBTX Risk Services DFW 6363 N State Hwy 161 100 Irving TX 75038 NAME: PHONEFAX Exti,21 - AIC No : - -9030 E-MAINo,L . ADDRESS: I I - m INSURERS AFFORDING COVERAGE NAIC # INSURER A:CommerQe & Indust 41 INSURER B:Ha [d Underwriter INSURED Landmark Structures I, L. P. Landmark Tank Services, L.P. 1665 Harmon Road INSURER C: INSURER D: INSURER E: Fort Worth TX 76177 INSURER F: COVERAGES CERTIFICATE NUMBER: 530919168 REVISION NUMBER 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 REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDDY EXP MM/DD/YY YY LIMITS B GENERAL LIABILITY 46 C QT0963 /14/2012 /14/2013 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY A PREMISES Ea occurrence$300,000 MED EXP (Any one person) $10,000 CLAIMS -MADE OCCUR PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $2,000,000 POLICYFX JECTPRO- LOC $ CAUTOMOBILE LIABILITY 46 LIEN QT0964 /14/2012 /14/2013 accident Ea $1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON -OWNED PROPERTY DAMAGE $ Per accidert $ LIAB X OCCUR BE080747021 /14/2012 /14/2013 EACH OCCURRENCE $1,000,000 laRETENTION$10,000 B CLAIMS -MADE AGGREGATE $1,000,000 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 6 WE QT0962 /14/2012 /14/2013 X I STATU- X OTH- Y / NER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? Y❑ N / A EACH ACCIDENT $1,000,000 (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYE $1,000,000 E.L. DISEASE -POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS below c DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) *Doug Lamon (excluded) is not active in company. The General Liability and Automobile policies include a blanket automatic additional insured endorsement [HS2482 01/12 & CA0403 06/04] that provides this feature only when there is a written between contract the named insured and the certificate holder that requires such status. The General Liability, Automobile, and Workers' Compensation policies include a blanket automatic waiver of subrogation endorsement [HS001 06/05, CA2089 06/04 , WC420304, WC000313 & WC040306] that provides this feature only when there is a written contract between the named insured and the holder certificate that requires such status. Primary Non -Contributory wording per endorsement See Attached... SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 E Main St Round Rock TX 78664 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. 25 (2010/05) The ACORD name and logo are registered marks of ACORD