Loading...
R-13-05-23-I8 - 5/23/2013RESOLUTION NO. R -13-05-23-I8 WHEREAS, the City of Round Rock has previously determined in Resolution No. R -12-09- 27-G2 that "Competitive Sealed Proposal" is the delivery method which provides the best value for the City for construction of the Rabb House Redevelopment Project, and WHEREAS, after advertising for and receiving proposals from offerors, the City of Round Rock determines that John King Construction is the offeror which offers the best value for the City, and WHEREAS, the City Council now wishes to enter into a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with John King Construction, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That, after advertising for and receiving proposals from offerors, the City of Round Rock hereby finds that John King Construction is the offeror which offers the best value for the City. BE IT FURTHER RESOLVED That the Mayor is hereby authorized and directed to execute on behalf of the City a "Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment is a Stipulated Sum" with John King Construction for construction of the Rabb House Redevelopment 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. 0: \wdox\SCC Ints\0112\ 1304\MUNICIPAL\00274594. DOC/rmc RESOLVED this 23rd day of May, 2013. ALA MCGRAW, Mayor City of Round Rock, Texas ATTEST: *�' Uvri SARA L. WHITE, City Clerk City of Round Rock RODND ROCK TEXAS wwsE va$on raysrenirx Agenda Item Summary Agenda Number: 1.8 Title: Consider a resolution authorizing Mayor to enter into a Standard Form of Agreement between Owner and Contractor with John King Construction for the Rabb House Redevelopment Project. Type: Resolution Governing Body: City Council Agenda Date: 5/23/2013 Dept Director: Chad McDowell, General Services Director Cost: $2,395,411.00 Indexes: General Self -Financed Construction Attachments: Resolution, Bid Tab with alternates, Bid Tab with alternates 2, LAF - Standard Form of Agreement with John King Construjction (00274236) Text of Legislative File 13-332 Staff recommends approval City of Round Rock Page 1 Printed on 512112013 �i d 0 a` c a E CL 0 a d M 01 7 0 m Oo C .Y c ix �a 0 06 m 0 0 CL N -0 y M fp o d 00 H O d « d 0. E 0 U 2 E c ; 0 O N 2 w w N E C C N G_V C-02 2 U P N r W) (O M c O a O LO co rn co ao In rn O CD co O co 0 gc RX C Y C O 1 O �W Q am � (O M 1� M N M n C7 L17 (") In Co M v n rz 4�4 1 0 i CD 00 v 0 0 0 o o 0 O 4) 0 O LQ m 0 O m 0 O N Ly 0 O d 0 O 92 0 O d 0 63 O `r V) 0) Vi Vi U H O Lb H � O n O M f/Uj t\ r --(O N _ .3 V N V N V V N V N N V N V N V 12 a u u n u u n u u X x() x x x x X a•U� o omoO o omooao Oo omo oao oaOO oV o o mx o w 6 a0 a O o a o O O 4 N O OO O O O tc) (on 0 o GDa v oa o oa o 0a o -L CO -L L() e7 L � o -L CT (O 1 L. Ch -L (+i e7 N i (Q O) 1.L - N N N y ) U) O Q) y L%) Cl) v y Lan y CD a V N CO I� h 0 y O y C'M O L() y y f� LO y y Il- Ln O y (D F O O N n F, N O N N Q N N Q N an a O a a ` aO a `O a CO CO Hoov h o O EL o O oQo0 y O O O O o 0 0 ov O o 0v QoQ Oo (3O oOv 0O n a o v aoa n ` a o ah o` a oo a Ser -%3 o v •O .0 O) (h 'Q LO O M O N 't3 Lo N� o (- Lo N O W Ln O) V Ln O q) W, t- LL) O L n N m O. O U (+) U Cyi N U M N U Cl) CO U Ch N U cl Cl! U M U C`7 a N N (V a CV N a C' a N N 4 CV N a N N a N o(n c O o O c N U 2 2 U O O U Z U C CN O C U 5 L_ U N co m c Toi A L m x o y 0) U m �j o m o Y E aw;i V c d N (o o L U U - V U y 5 N N d (n r d ❑ ❑ Q cCD c41 a a E c ; 0 O N b UI w w N E C C N G_V C-02 2 U C) 0 0 C) 0 o c9 O O O O o 0 OU o 0 0 0 C) >" o o O� 3 cV O o 0 o W � 4no t o n 0 N e-- fA N X Z 09 O O O O O O O ^ p O O U O o O O o o o �Z o O O o o Cn O ii O O O O O O O W d H O O Lc) N tc) O � Cf) oU o \-c U n O O O O O Q O OO O O UO W O Lr) 00 cn 06 Z UNCi- uo3 fA z O CD 0 Z U U O O O O p: NCn r Y rn ao 0�0 rn W M QZ 0000 N 00 O c o 0 0 0 0 O 0 cc O a o 0 0 o W o C oe Q N N O C-4 LU H Z O W � Z U -N u O� N H O U-0 z oo O o 0 00 ? o0 C) 0 o o ` am cY) s F° �Lr) O n N >" N o0 CA CA cV ER r 1 Efl Cf) Efi � X Z 09 O O O O O O O ^ p O O U O EXECUTED '. ORIGINAL DOCUMENTS FOLLOW Standard Form of Agreement between Owner and Contractor where the basis of payment is a STIPULATED SUM AIA Document Al 01-1997 1997 Edition -Electronic Format THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES. CONSULTATION WITH AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION. AUTHENTICATION OF THIS ELECTRONICALLY DRAFTED AIA DOCUMENT MAY BE MADE BY USING AIA DOCUMENT D401. AIA Document A201-1997, General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. This document has been approved and endorsed by The Associated General Contractors of America. Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, ® 1997 by The American Institute of Architects. Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. AGREEMENT made as of the day of in the year 2013. (In words, indicate day, month and year) BETWEEN the Owner: (Name, address, other in and the Contractor (Name, address, other information) City of Round Rock, Texas 221 East Main Street Round Rock, Texas 78664 John King Construction, LTD 120121H 35 North Austin, Texas 78753 The Project is: Construction of a two level building that contains event room, serving kitchen and men and women's bathrooms with front and rear balconies at the main level. The building is to be constructed with a metal roof and stone veneer, smooth face cmu block and fiber cement board siding. The project is located at 151 North A.W. Grimes Boulevard, Round Rock, TX 78664 The Architect is: (Name, address, other information) Owner and Contractor agree as follows: KA Hickman Architects 1517 East Pain Valley Boulevard Round Rock, Texas 78664 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 8. 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. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL 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. (Insert the date of commencement if it differsfrom the date of this Agreement or, ifapplicable; state that the date will be fixed in a Notice to Proceed) The date of commencement shall be fixed in a Notice to Proceed issued by Owner, and Contractor shall commence work within ten (10) calendar days from the date delineated in the Notice to Proceed If, prior to the commencement of the Work, Owner requires time to file mortgages, mechanic's liens and other security interests, Owner's time requirement shall be as follows: Unless the date of commencement is established by a Notice to Proceed issued by Owner, Contractor shall notify Owner in writing not less than five (5) days before commencing the Work to permit the timely filing of mortgages, mechanic's liens and other security interests. In no event shall Work be commenced if Owner does not issue written approval. 3.2 The Contract Time shall be measured from the date of commencement fixed by the Notice to Proceed. 3.3 Contractor shall achieve Substantial Completion of the entire Work no later than two hundred forty (240) calendar days from issuance by Owner of Notice to Proceed, and contractor shall achieve final completion of the entire work no later than two hundred forty (240) calendar days from issuance by owner of Notice to Proceed. (Insert number of calendar days. Alternatively, a calendar date may be used when coordinated with the date of commencement. Unless stated elsewhere in the Contract Documents, insert any requirements for earlier Substantial Completion of certain portions of the Work) Subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if any, for liquidated damages relating to failure to complete on time or for bonus payments for early completion of the Work) 3.4 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 harm that would be caused to Owner cannot be reasonably forecast because it would include business disruption to Owner in addition to loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates. Thus, the liquidated damages set forth herein and above will cease to be assessed under the Contract Documents after thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, and Owner shall 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. 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 THREE HUNDRED NINETY FIVE THOUSAND FOUR HUNDRED ELEVEN AND NO/100 DOLLARS ($2,395,411.00), subject to additions and deductions as provided in the Contract Documents. The base bid for the Project totals $1,818,549.00 and the additions of alternates broken down in Article 4.2 make up the total above agreement price. 4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Owner: Alternate #I Parking Area # 1 $ 172,960.00 Alternate #2 Parking Area #2 $ 118,816.00 Alternate #3 Amphitheater Stage & Associated Walks $ 289,183.00 Alternate #4 Remove Wheelchair Lift & Add Associated walks (Deduct) ($ 4,097.00) (State the numbers or other identification of accepted alternates. If decisions on other alternates are to be made by Owner subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires) 4.3 Unit prices, if any, are as follows: Not applicable. ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Architect and Owner by Contractor, and Certificates for Payment issued by Architect 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 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, or as follows: 5.1.3 Provided that an Application for Payment is received by Architect and Owner, and Architect 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 Architect and Owner after the application date fixed above, payment shall be made by Owner not later than one month after the Architect 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 Architect and Owner may require. This schedule, unless objected to by Architect 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 follows: 1. Take the portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of five percent (5%). Pending final determination of cost to Owner of changes in the Work, amounts not in dispute may be included as provided in Subparagraph 7.3.8 of AIA Document A201-1997 even though the contract sum has not yet been adjusted by Change Order; 2. Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction, less retainage of five (5) percent. 3. Subtract the aggregate of previous payments made by Owner; and 4. Subtract amounts, if any, for which Architect or Owner has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of AIA Document A201-1997. 5.1.7 The progress payment amount determined in accordance with Subparagraph 5.1.6 shall be further modified under the following circumstances: 1. Add, upon Substantial Completion of the Work, a .sum sufficient to increase the total payments to ninety-five (95%) of the Contract Sum, less such amounts as Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Subparagraph 9.8.5 of AIA Document A201-1997 requires release of applicable retainage upon Substantial Completion of Work with consent of surely, if any.) 2. Add, if final completion of the Work is thereafter materially delayed through no fault of Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of AIA Document A201- 1997. 5.1.8 Reduction or limitation of retainage, if any, shall be as follows; (If it is intended prior to Substantial Completion of the entire Work, to reduce or limit the retainage resulting from the percentages inserted in clauses 5.1.61 and 5.1.62 above, and this is not explained elsewhere in the Contract Documents, insert here provisions for such reduction or limitation) 5.1.9 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. 4 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 Architect. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Architect'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 not 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. 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock General Conditions. ARTICLE 7 MISCELLANEOUS PROVISIONS 7.1 Where reference is made in this Agreement to a provision of AIA Document A201-1997 or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 73 Owner's representatives are: (Name, address, other information) 7.4 Contractor's representative is: David Freireich, PE Utility Department 2008 Enterprise Drive Round Rock, Texas 78664 John King Construction, LTD Travis Wilkes General Manager 12012 IH 35 North Austin, Texas 78753 David Buzzell, RLA, ASLA Park Development Manager 301 West Bagdad, Suite 250 Round Rock, Texas 78664 7.5 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. 7.6 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 7.7 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. 7.8 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. 7.9 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. 7.10 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. 7.11 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. ARTICLE 8 ENUMERATION OF CONTRACT DOCUMENTS 8.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: 8.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor, as modified. 8.1.2 The General Conditions are the "City of Round Rock Contract Fors 00700," General Conditions, as modified. 8.1.3 The Supplementary, Special, and other Conditions of the Contract are those contained in the Project Manual dated March 28, 2013. 8.1.4 The Specifications are those contained in the Project Manual dated March 28, 2013. 8.1.5 The Drawings, are those contained in the Project Manual dated March 28, 2013. 8.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated March 28, 2013. 8.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, if any, are those contained in the Project Manual dated March 28, 2013. , 8.1.8 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 Fortes 03000," Federally Required Contract Clauses, as modified. 8.1.9 Other documents, if any, forming part of the Contract Documents are as follows: (List here any additional documents that are intended for form part of the Contract Documents. ALA Document A201-1997provides that bidding requirements such as advertisement or invitation to bid, Instructions to Nit sample form and Contractor's bid are not part of the Contract Documents unless enumerated in this Agreement. They should be listed here only if intended to be part of the Contract Documents) ARTICLE 9 CITY OF ROUND ROCK PROVISIONS 9.1 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 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. 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. 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. 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. 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 Architect for use in the administration of the Contract, and the remainder to Owner. OF ROUND ROCK, TEXAS Ir /'aw, Mayor Signed: CITY, ATTEST: City Clerk AS TO FORM: City CONTRACTOR JOHN KING CONSTRUCTION, LTD. John Kiresided Date Signed: `^ Bond No. TXC605304 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That John King Construction, Ltd. of the City of Austin County of Travis , and State of Texas , as Principal, and Merchants Bonding Company (Mutual) 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 Three Hundred Ninety Five Thousand Four Dollars (.p 2 , 3 9 5 , 4 11.0 0 ). for Hundred Eleven and N0 /100 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, thqPrincipal has entered into a certain written Agreement with the Owner dated the 2 . day of '—RAhe , 20A to which the 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. Rabb House Redevelopment Project (Name of the PtoJOA 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 00610 7-2009 Performance Bond 00090656 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 201. John King Construction, Ltd. Merchants Bonding Company (Mutual) Principal Surety J;WA/ N &</Ak. Justin McQuain Printed Name Printed Name Titl Title: At o ey-in- Fact Addre s:12012 IH 35 North Address: 9500 Arboretum Blvd., Ste. 100 Austin, TX 78753 Austin TX 78759 Resident Agent of Surety: Signature Scott D. Chapman Ag States Agency, LLC Printed Name 25025 I-45 N., Ste. 525 Street Address The Woodlands, TX 77380 City, State & Zip Code Page 2 00610 7-2009 Performance Bond 00090656 Bond No. TXC605304 PAYMENT BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That John King Construction, Ltd., of the City of Austin , County of erchants Bonding Travis and State of Texas as Principal, and Company (Mutual, authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Two Million Three Hundred Ninety Five Thousand Four Hundred Eleven and No/100 Dollars ($ 2, 3 95, 411 . 0 0 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns, jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated the �-'1 th— day of AM_ h,C/ , 201_Z_, 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 Rabb House Redevelopment Project (Name of the Project) 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. 7.2009 Page 1 Payment Bond AYMENT BOND (continued) for value received, stipulates and agrees that no change, extension of time, alteration or ►n to the terms of the Agreement, or to the Work performed thereunder, or the plans, .cations or drawings accompanying the same shall in anywise affect it's obligation on this and it does hereby waive notice of any such change, extension of time, alteration or >n to the terms of the contract, or to the work to be performed thereunder. WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument day of 120 King Construction, Ltd. Merchants Bonding Company (Mutual) al Surety ,�„ �;►.� Justin McQuain Name Printed Name r By: 1 �tresta.eti� Title: Att r ey in -Fact s:12012 IH 35 North Address: 9500 Arboretum Blvd., Ste. 100 Austin, TX 78753 Austin, TX 78759 ident Agent of Surety: Lz"a- — 0 N iature >tt D. Chapman/Ag States Agency, LLC ted Name 025 I-45 N., Ste. 525 et Address to Woodlands, TX 77380 Page 2 Payment Bond -� JOHNK-2 OP ID: EW DATE (MM/DD/YYYY) oRO CERTIFICATE OF LIABILITY INSURANCE DATE CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS IIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES )W. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED WSENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IRTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. if SUBROGATION IS WAIVED, subject to Irms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the Icate holder in lieu of such endorsement(s). ER 512-343-0000 NAnME cT Eileen Wallace 8 Brown of Austin 512-346-1736 PHONE 512-343-0000 FAX tegearch Blvd. Suite 260 ac No ,tI, ac No): 9 78759 E-MAIL S, ewallace bbinsaustin.com lamison DeBellas INSURERlSI AFFORDING COVERAGE NAIC # GES CERTIFICATE NUMBER: REVISION NUMBER: TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, IONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AD SUBR POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MWD M ,LIABILITY MERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR - INSURER A : Depositors Insurance Company 42587 John King Construction 12012 North IH -35 Austin, TX 78753-2213 INSURER B: Allied Property a Cas Ins Co 42579 Texas Mutual Insurance Co INSURER C : 22945 INSURER D • Hanover Insurance Company 22292 INSURER E: GES CERTIFICATE NUMBER: REVISION NUMBER: TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD ED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, IONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. AD SUBR POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE POLICY NUMBER MWD M ,LIABILITY MERCIAL GENERAL LIABILITY CLAIMS -MADE 1XI OCCUR - X ACPGLD07224663923 - 10/22/12 10/22/13 EACH OCCURRENCE $ 7,0 PREMISES Ea occurrence $ 1 MED EXP (Any one person) $ PERSONAL 8 ADV INJURY $ 1,0 GENERAL AGGREGATE $ 2,0 GREGATE LIMIT APPLIES PER: CY X PRO LOC JECT PRODUCTS-COMPlOPAGG $ 2,10 $ NLE �LITY AUTO OWNED SCHEDULED DS AUTOS NON -OWNED ED AUTOS AUTOS X ACP7224663923 10/22/12 10/22/13 COMBINED SINGLE LIMIT Ea accident $ 1,0 BODILY INJURY (Per penton) $ BODILY INJURY (Per accident) $ P808ER DAMAGE $ $ MELLALIAB ESS LIAR HCLAIMS-MADE OCCUR ACP7224663923 10/22/12 10/22/13 EACH OCCURRENCE $ 5,0 AGGREGATE I $ 5,0 LIABILITY PARTNER/EXECUTIVE Y— EXCLUDED? N / A TSF -0001165419 10/22/12 10/22113 E.L. EACHACCIDENT $ 1 E.L. DISEASE - EA EMPLOYE $ 1 E.L. DISEASE - POLICY LIMIT $ 1 W DPERATIONS below ACP7224663923 10/22/12 10/22/13 Sched/Lea $86 IHD892042002 10/22/12 10/22/13 Per Loc 3 TIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) CITYRR- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. it Main Street Rock, TX 78664 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. 1 The ACORD name and logo are registered marks of ACORD