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Contract - Austin Materials - 4/28/2016City 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 Jay of AM W{/ in the year 201. BETWEEN the Owner: City of Round Rock, Texas (hereafter "Owner" or "City") 221 East Main Street Round Rock, Texas 78664 and the Contractor 1 &444/ i J(-' L. L 6- ("Contractor") C zc, We i N -re-X '7 ? The Project is described as: The Dell Diamond Parking Lot Pavement Repairs will consist of various Full -Depth, and Minor, repairs; as well as the application of an asphalt emulsion sealant over the approximate 805,000 s.f. area. Likewise, an estimated 55,000 ft. of pavement markings and symbols will be refinished. The Engineer is: City of Round Rock 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 R-?,oIL —�3b3 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 from the date delineated in the Notice to Proceed. Ten (__LO ) calendar days 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than N/A ( N/A ) calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than Thirty ( 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 Five -hundred and No/100 Dollars ($ 500.00 ) 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 Forty-five (__45_ ) calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM shall 4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Owner: AIIA Page 2 of 5 ARTICLE 5 PAYMENTS 4 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 March 2016 7.1.4 The Specifications are those contained in the Project Manual dated March 2016 7.1.5 The Drawings, if any, are those contained in the Project Manual dated March 2016 7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated March 2016 7.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, if any, are those contained in the Project Manual dated March 2016 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: N/A 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: Todd Keltgen 2008 Enterprise Drive, Round Rock, Tx - 78664 Office - (512) 218-5583 Toddkp,roundrocktexas.gov 8.3 Contractor's representative is: R rr.. , (',, , 0- r k 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 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 CITY 'FSUN ROC ,TEXAS Printed Name: Why, IV4 Printed Name: ` f� Title Title: L-}gym—&K:, I t> E-t,� Date Signed: ' l Date Signed: Ilk ATTEST: GSL City Clerk 4FORCI APP OVE AS TO FORM: & I sW� y Page 5 of 5 Bond No. 019055044 PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF WILLIAMSON § KNOW ALL BY THESE PRESENTS: § That Austin Materials, LLC of the City of Austin Coun of Travis ' t ,and State of Texas , as Principal, and Liberty Mutual Insurance Company 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 Hundred Fifty Nine Thousand Three Hundred Thirty Seven and 50/100 Dollars ($ 259,337.50- _ ) 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 "2ii 'vl- day of �_1.�� 20LID to which the Agreement is hereby referred to and made a part hereo of s fully and to the same extent as if copied at length herein consisting of: Dell Diamond Parking Lot Pavement Repairs p g (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 (I2) 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 I 006I0 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 2nd day of June 20 16 Austin Materials, LLC Liberty Mutual Insurance Company Principal 10 Surety J=44 - r-- EF Tina Davis, TX License #1356133 Printed Name Printed Name 10 By. y: Ti'tl Tltl : orney-in- act -- Address: 9020 N. Capital of Texas Hwy, Bldg. 2, Ste. 250 Address: TSS mouth Temple, Ste. 700 10 Austin, TX 78759 Salt Lake City, UT 84101 INResident Agent of Surety: N/A Signature Printed Name Street Address 10 City, State & Zip Code 0 Page 2 00610 7.2009 Performance Bond 00090656 Bond No. 019055044 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Austin Materials, LLC of the City of Austin County of Travis ,and State of Texas i ert Mutual Insurance as Principal, and omPK M _ 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 Hundred Fifty Nine Thousand Three Hundred Thirty Seven 50/100 Dollars 259,337.50 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 '24t— day of * rw , 20_k, 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: Dell Diamond Parking Lot Pavement_ Repairs _ (Name of the Project) ) iN 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, IN 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 1 006201-2004 Payment Bond 00090656 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 A this 2nd day of_ June .20 16 Austin Materials, LLC Liberty Mutual Insurance Company Principal Surety L A ►�V'� F Tina Davis, TX License No. 1356133 Printed Name Printed Name By - By - Tit � M V L �P<-mit ..�'T act Address: �;, t; , -'-� flW Address: 15outh Temple, Ste. goo u' TI to salt Lake City, UT 84101 Resident Agent of Surety: N/A Signature Printed Name Street Address Page 2 00620 7-2009 Payment Bond 00040656 CERTIFICATE OF LIABILITY INSURANCE Date: 6/14/2016 TDI number required. Please refer to the PRODUCER: Texas Dept of Insurance website: htto://www.tdl.state.tx.us/ Marsh USA. Inc. 1166 Avenue ofthe Americas New York. NY 10036 Phone: 212-345-0000 E-mail. INSURED: Austin Materials. LLC 9020 N. Caoitai of Texas Highway. Suite 250 Austin. TX 78759 Phone: E-mail THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION T LIMITS LTR INSURANCE NUMBER DATE DATE GENERAL LIABILITY A AUTOMOBILE LIABILITY A GENERAL AGGREGATE COMPANIES AFFORDING COVERAGE TDI A ACE American Insurance Company 42160 B Indemnity Insurance Company of North America 5786 C Berkshire Hathaway Specialty Insurance Company 79850 D $ 1,000,000 THIS IS TO CERTIFY THAT the Insured named above is insured by the Companies listed above with respect to the business operations hereinafter described, for the types of insurance and in accordance with the provisions of the standard policies used by the companies, and further hereinafter described. Exceptions to the policies are noted below. CO TYPE OF POLICY EFFECTIVE EXPIRATION T LIMITS LTR INSURANCE NUMBER DATE DATE GENERAL LIABILITY A AUTOMOBILE LIABILITY A GENERAL AGGREGATE $ 4,000,000 HDOG274053 0331/2016 123112016 PRODUCTS-COMP/OPAGG. $ 4,000,000 PERSONAL & ADV. INJURY $ 2,000,000 EACH OCCURRENCE $ 2,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 MED. EXPENSE (Any one person) $ 10,000 COMBINED SINGLE LIMIT $ 5,000.000 ISA H0904091 03/31,'2016 12:3112016 BODILY INJURY (Per person) $ EXCESS LIABILITY C 42LIM0302383 03 31 2016 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY B WLRC4860190 03,31'2016 PROFESSIONAL LIABILITY BUILDERS' RISK INSURANCE OR INSTALLATION INSURANCE BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EACH OCCURRENCE $ 5,000,000 12;31,2016 AGGREGATE $ 5,000,000 STATUTORY LIMITS $ per statute EACH ACCIDENT $ 1,000,000 1231 '2016 DISEASE - POLICY LIMIT $ 1,000,000 DISEASE - EACH EMPLOYEE $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS/EXCEPTIONS The City of Round Rock Is named as additional insured with respect to all policies except 'Workers' Compensation and Employers' Liability' and 'Professional Liability% Should any of the above described policies be cancelled or changed before the expiration date thereof, the Issuing company will mail thirty (30) days written notice to the certificate holder named below. CERTIFICATE HOLDER: City Manager SIGN F AG NT ICENSED IN STATE OF TEXAS City of Round Rock 221 E. Main Street Round Rock, Texas 78664 Typed Name: udy Mil -Marsh USA Inc License ID: 14797 Page 1 00650 10-2010 00205796 Certificate of Liability Insurance C,4 V.' CD O O Wi C. O C> Cl =1 O O C) O CD O C) O cm C> cli O 00 Cl O In O co r4 � r- rel 00 CD Vn C> In 'IT 00 %0 r4 U r m ug 6q N. ... w FW "4, (:=, r, M0� Wi IR C� cc 64 � I I 4) 10 cn cc O tn 69 69 rA r. -S CD7., CD oopE C! (R a C! C� Cc U 0 U2 OC> �n oo CN C) C> a, C; C; V) C) �r 0 0 C) t— NC> bD 0 wl Cf) 69 69 rs 6s Coll GIs Ell) eq tn Baca 0, C', 0, .9 r.C=) 0 CD 'R 0 0 CD R C) W) 0 R CD 0 C) (R cc CO 69 MCA GS ID Gq 6 4A C) 0 O C) C, bb .2 En vi bO 1=1 C> C> C:. CD tri C) R 0 C) C) a R C> R v,Z C) ,rt C) CD CD C> CD tn N C, C) C, wi r- . 1=1 00 C) 0 C> CD r- en uo en m rn Q% 00 ;A CD v! 09 'n Iq tn U EO) En f.% r4 C! oO Wi W� C:) CD C) (0 C) C) C) C) CD GO!) 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N m c) It U to 69 N6/i fA 69 cl tn CQ o 0 0 0 CR cn00 C) R C> v7 C> C) 1= C; 0 0 R w R14 121 U os G-) Ell) rn In O 00 O -E rJ C, C> 0 O Iv In N O In O C, 10 O XY cn n -,T 09 00 "i In 00 Cl cli C, 00 cn > 0 1-M 11, m m a, N00 69 C. cqCD r- a,m I- C� M In 'IT Ln C> Lr) to I's C; 16 C -i M Coe) 611) 609 00 m 61) 64 69 6R Gq z z z z u z u cf) U C) C) C) 0 C:) C) C) CMN m kn x: C14 U cz -ji QU) yam.cc cr C7, a) N CJ U u z z cn kn 'IT "*.*. ;F E 0 CIS CZ r-, cc = 0_ ;> cq s 80 ta 0 0 CL C's M co CL cl rL o 1 0 0 0 u IV L) 7u 00 6b cr . 6b s 41 0 (D u v IE U u u > C', 0 W sp� C,3 co� CO 0Y O C 0 0 0 Ic\ 12 1 t-, 00 ROUND ROCK TEXAS TRANSPORTATION DEPARTMENT April 5, 2016 Mayor Alan McGraw Mayor Pro -Tem George White Subject: Recommendation to Award — Dell Diamond Parking Lot Councilmembers Craig Morgan Frank Leff ingwell Will Peckham Writ Baese Kris Whitfield City Manager Laurie Hadley City Attorney Stephan L. Sheets Dear Mr. McDowell, On April 5, 2016 bids were opened for the above reference project. Five (5) responsive bid proposals were submitted with total bid prices ranging from $259,337.50 to $515,270.00. Per the attached Bid Tabulation, Austin Materials is the apparent low bidder. Based upon my review of the Bid Tabulation, I recommend the City of Round Rock to accept the bid of Austin Materials in the amount of $259,337.50 Sincerely, Leah Collier, P.E. Chief Transportation Engineer Attachments: Bid Tabulation CITY OF ROUND ROCK 2008 Enterprise Drive, Round Rock, Texas 78664 [P] 512.218.7044 • [F] 512.218.5536 • roundrocktexas.gov CERTIFICATE OF INTERESTED PARTIES FORM 1.295 l of 1 Complete Nos. 1- 4 and 6 if there are interested parties, OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2016-39299 Austin Materials, LLC Austin, TX United States Date Filed: 04!1312016 2 Name of governmental entity or state agency that Is a party tot the contract for which the form is being filed. City of Round Rock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. Dell Diamond Seal Asphalt paving, slurry seal and striping 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only If there Is NO Interested Party. ❑ X 6 AFFIDAVIT I swear, or affirm, under of perjury, that the above disclosure is true and correct. "ry JENNIE JONES Notary ID * 130516226 My Comirilaslon Expires January 28, 2020 Signature of th rued agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said nit (7)13P—PQ this the � �4��} day of�, 20 _1 to to certify which, witness my hand and seal of office. f ..i p T,)es Ohlr Zignature of officer ad histering oath Printed name of officer administering oath Title of officer admini tering oath r-umis proviueu ay i exas ttnics Commission www,elhics.state.tx.us Version V1.0.645 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-39299 Date Filed: 04/13/2016 Date Acknowledged: 04/22/2016 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Austin Materials, LLC Austin, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Round Rock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the goods or services to be provided under the contract. Dell Diamond Seal Asphalt paving, slurry seal and striping 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. X 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said this the day of 20 , to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www. ethics. state. tx.us Version V1.0.645