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Contract - D&S Concrete Contractors - 1/12/2017 THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities & Environmental Services 2003 Enterprise Drive BY:�.r Round Rock, Texas 78664 DATE: l 12/7/2016^ BID TABULATION SI4EET: 1 of 2 CONTRACT: Kesington Channel Improvements D&S Concrete Myers Concrete Contractors TCB Construction Smith Contracting Construction LOCATION : 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety?Yes Statement of Safety'. Yes Statement of Safety? Yes DATE: 12/7/2016 Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Bid Bond? Yes jBid Bond?Yes Bid Bond?Yes Bid Bond?Yes BASE BID APPROX. UNIT UNIT UNIT UNIT ITEM# ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 1 Remove P.C.Concrete RipRap 1664 SF $10.00 $ 16,640.00 $9.50 $ 15,808.00 $7.00 $ 11,648.00 $9.50 $15.808.00 2 Core and Grout Existing Concrete 2 EA $4,000.00 $ 8,000.00 $7,500.00 $ 15,000.00 $51000.00 $ 10,000.00 $16,210.00 $32.420.00 3 Concrete Riprap(6") 91 SY $400.00 $ 36,400.00 $117.00 $ 10,647.00 $300.00 $ 27;300.00 $397.00 $36.127.00 4 Dry Riprap,D50= 15",24" Layer 954 CY $105.00 $ 100,170.00 $150.00 $143,100.00 $170.00 $ 162,180.00 $344.00 $325.176.00 5 Native Seeding for Eros(Hydro) 2215 SY $4.50 $ 9,967.50 52.75 $ 6,091.25 $6.00 $ 13,290.00 $6.00 S13,290.00 6 Soil Retention Blanket Class 2 G 203 SY $20.00 $ 4.060.00 $7.25 $ 1,471.75 $10.00 S 2.030.00 $4.00 SS12.00 7 Tree Removal I EA $900.00 $ 900.00 51,200.00 $ 1,200.00 $600.00 $ 600.00 $659.00 5659.00 8 Tree Protection Type A 351 LF $20.00 $ 7;020.00 $4.50 $ 1.579.50 $3.00 $ 1,053.00 $10.00 53,510.00 9 Pipe Slope Drain 2 EA $300.00 $ 600.00 $1,500.00 $ 3.000.00 $500.00 $ 1,000.00 $2,471.50 S-,F9-43.00 10 Rock Berm 100 LF $40.00 $ 4,000.00 $39.00 $ 3,900.00 $27.00 $ 2.700.00 $66.00 $6.600.00 11 Stabilized Construction Entrances 3 EA $1,200.00 $ 3,600.00 $1,700.00 $ 5,100.00 $2,000.00 $ 6,000.00 $3.625.00 $10.875.00 12 Erosion Control Log 180 LF $10.00 $ 1,800.00 $10.00 $ 1.800.00 $15.00 $ 2,700.00 $23.10 $4.155.00 13 Mobilization(5%) 1 LS $9,100.00 $ 9,100.00 $20.000.00 $ 20,000.00 $10,000.00 $ 10,000.00 $23;137.00 $23.137.00 14 Saftey Fence 405 LF $12.00 $ 4,860.00 $6,001 $ 2.430.00 $2.00 $ 810.00 $8.00 53.240.00 TOTAL BASE BID: S 207,117.50 S 231,127.50 S 251,311.00 S4S3,755.00 Unit prices in red(SXX YX)indicate no written unit price entered by bidder. Costs in red(SXXXX.XX)indicate adjustment upon tabulation of bids. THE CITY OF ROUND ROCK BIDS EXTENDED AND CHECKED Utilities & Environmental Services 2008 Enterprise Drive BY• y/L Round Rock, Texas 73664 �7 DATE: 12/7/2016 IIID TABULATION SHEET: 2 of 2 CONTRACT : Kesington Channel Improvements Shirley&Sons Construction LOCATION : 2008 Enterprise Drive Statement of Safety?Yes Statement of Safety? Statement of Safety? Statement of Safety? DATE: 12/7/2016 Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Addendum(s)? N/A Bid Bond? Yes Bid Bond? Bid Bond? Bid Bond? BASE BID APPROX. UNIT UNIT UNIT UNIT ITEM 9 ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST PRICE COST 1 Remove P.C. Concrete RipRap 1664 SF $7.20 $11.980.80 $0.00 $0.00 50.00 2 Core and Grout Existing Concrete 2 EA $25,000.00 $50,000.00 S0.00 $0.00 S0.00 3 Concrete Riprap (6") 91 SY $1,305.00 $118,755.00 S0.00 $0.00 50.00 4 Dry Riprap, D50= 15",24" Layer 954 CY $420.00 $400.680.00 $0.00 $0.00 50.00 5 Native Seeding for Eros(Hydro) 2215 SY $18.00 $39.870.00 $0.00 $0.00 S0.00 6 Soil Retention Blanket Class 2 203 SY $73.00 $14,819.00 $0.00 $0.00 50.00 7 Tree Removal I EA $500.00 $500.00 $0.00 $0.00 50.00 8 Tree Protection Type A 351 LF $5.00 $1.755.00 $0.00 $0.00 S0.00 9 Pipe Slope Drain 2 EA $1.000.00 $1000.00 50.00 $0.00 S0.00 10 Rock Berm 100 LF $40.00 S4.000.00 $0.00 $0.00 S0.00 I 1 Stabilized Construction Entrances 3 EA $2.000.00 $6.000.00 $0.00 $0.00 S0.00 12 Erosion Control Log 180 LF $12.00 S2,160.00 $0.00 $0.00 $0.00 U Mobilization(5%) ILS $34.000.00 $34.000.00 $0.00 $0.00 S0.00 14 Saftey Fence 405 LF $13.001 $5.265.00 $0.00 $0.00 S0.00 TOTAL BASE BID: S691,784.80 $0.00 50.00 50.00 Unit prices in red(SXX.X`:)indicate no written unit price entered by bidder. Costs in red(SX XXX.XX)indicate adjustment upon tabulation of bids. I I CERTIFICATE OF INTERESTED PARTIES FORM 1295 loft 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-147097 D&S Concrete Contractors Seguin,TX United States Date Filed: x Name of governmental entity or state agency that is a party to the contract for which the form Is 12115/2016 being filed. Date Acknowledged: City Of Roundrock 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 services,goods,or other property to be provided under the contract. Kensington Channel Improvement Drainage Improvements Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I intermediary - 5 Check only if there is NO Interested Party. O 6 AFFIDAVIT 1 swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. DRi I I IAN r M00 Ri 1. 1 �.�� � I�i�`tafY tttJhils Nffi } 4" P��' yrflFij:r ill 1;3:,11,2019 1i91pature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE Swam to and subscribed before me,by the said Wil' t.{L' this the day of 20 to certify which,witness my hand and seat of office. r . Signature of offr er admin ring oath P' ted name of officer admi T stering oath le of officer i1h Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.277 CERTIFICATE OF INTERESTED PARTIES FORM 1295 10f1 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-147097 D&S Concrete Contractors Seguin ,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/15/2016 being filed. City Of Roundrock Date Acknowledged: 12/28/2016 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 services,goods,or other property to be provided under the contract. Kensington Channel Improvement Drainage Improvements Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I 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 V1.0.2, _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 theA _(L)day of _ 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 't>4PS � (`,—, h ;_, ("Contractor") The Project is described as: Kensington Channel Improvements The Engineer is: K.Friese&Associates 1120 S.Capital of Texas Highway City View 2 Suite 100 Austin,Texas 78746 (512)338-1704 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 li'I 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 4-2016 Page 1 of 5 Standard Form of Agreement 00307791 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 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 sixty 60 )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 I Dollars($1000 ) 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 ICompletion 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 I 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 Iany 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 seventy five (75 )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 bell,-- `b`e - T ., 1 cos C\,l rlf{u 2,Nl 5 5C ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X Yes .If yes,please provide details below: i 00500 4-2016 Page 2 of 5 Standard Form of Agreement 00307791 ARTICLE 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 Ithe 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. l 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor l 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 III 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. i i 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. 00500 4-2016 Page 3 of 5 Standard Form of Agreement 00307791 "t I 1 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 November 2016 7.1.4 The Specifications are those contained in the Project Manual dated•November 2016 7.1.5 The Drawings,if any,are those contained in the Project Manual dated November 2016 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated November 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 November 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: NIA ARTICLE 8 MISCELLANEOUS PROVISIONS Ih 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: Frederico Sanchez,P.E. Stormwater Engineer 2008 Enterprise Drive Round Rock,Texas 78664 fsanchez@roundrocktexas.gov(512)218-6609 8.3 Contractor's representative is; AU � �,n�K. : . TM -t t tt 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. 00500 42016 Page 4 of 5 Standard Form of Agreement 00307791 p f I I8.6 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 I 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. g 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 1 court decisions of the State of Texas. 1 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 OUN ROCK,TEXAS US con coobt a A't cac«i 6 r� Printed Name: r A h VV Printed Name: 30SC I� �cr'++��✓t Z ITitle Title: C7 w 7 Date Signed: Z' Date Signed: ATT ST: City Clerk I� F , : .--7A OR Y,APP OVED S 4LTO FORM: City Att ey 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 Bond#022031338 PERFORMANCE BOND THE STATEOF TEXAS § § KNOW ALL BY THESE PRFSENTS: COUNTY OF WILLIAMSON § That D&S Concrete Contractors of the City of Seguin County of _G-dalupe'__ and State of _Tex as__, as Principal, andinsurance Company 4:11.1thorized 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 Seven Thousand,One Hundred Seventeen&.50/100------------------------------------------------ ................. Dollars ($ 207,117.50 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: WHE.REAS,the Principal has entered into .certain written Agreement with the Owner dated the _day of_ , _' 20 to which the Agreement is JM,&J!J4A hereby referred to and made a part hereof as fully an to the same extent as if copied at length herein consisting of. Kensington Channel Improvements (Name`0 f the Project) NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perfoirn 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 observedandperformed,including but not limited to, the repair of any and all def;cts 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 liom 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 111.111 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 006107-20G9 Performance MAW 00090656 1 i y i PERFORMANCE BOND{continued.} € i I 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 23rd da of December s 2016 p D&S Concrete Contractors The Ohio Casual Insurance Com an Principal Surety 1 �( < rA I)or- n� _,7 Debbie Hay Printed Name Printed Name Title: p--t^ TI Title: Attorney-In I Address: 515 Sheffield Rd. Address: 314 N.Camp St. Seguin,TX 78155 Seguin,TX 78155 Resident Agent of Surety: i I Signatare Barnard-Donegan Insurance Printed Name 314 N.Camp Street Sttreet ,q d�d�r l %um-,TX $s1S55 1 City,State&Zip Code 9" i f d N Page 2 7 'I 00610 7-2009nlj Perfermencc Bond 000906566 li IIi, G rs Bond#022031338 E-AYMrIgn BOND THE STA'rE OF TEXAS § KNOW ALL MEN BYTHESE PRESENTS: COUNTY OF WILLIAMSON That D&.$..Concrete Contractors (yr the City of Seguin Guadalupe and State of Texas County of as Principal, and The Ohio Casualty Insurance company it—lt—horiie-d tinder the laws of the State of"Texas to act as Surety on Bonds for Principals,are held and firmly bound unto THE C11 Y Of, ROUND ROCS (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 SUrn of Two Hundred Seven Thousand,One Hundred SqXqnLeg &_.50/100-------------------------------------- Dollars 207,117.50 ............... 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 P-incipal has entered into a certain written Agreement with the Owner, dated the day of 'T 4 --- 4.141A.01 1� -, 2011, to which Agreement is hereby referred to and made a part hereof as fully and o the same extent as if copied at length herein consisting of: Kensington C (Nameof-ih­e 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 mmain 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, i ;j 00620 7-2009 Page I 00090656 Payment Bond 1. 0 PAYMENT BOND (continued) i Surety, for value received, stipulates and agrees that no change, extension of time, alteration or 1 addition to the terms of the Agreement, or to .the Work performed thereunder, or the plants, specifications or drawings accompanying the same shalt in anywise affect it's obligation on this i 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 23rd day Of December W , 2016 . 3 D&S Concrete Contractors The Ohio Casualty Insurance Company Principal Surety �Sc A Oar. :^-� DebbiHay Printed Name __ Printed Name By: By: Title: Title: Attorney-In-Fact ' Address: 515 Sheffield Rd. Address: 314 N.Camp St. Seguin,TX Seguin,TX 78155 78155 Resident Agent of Surety: Ik 0 Signature Barnard-Donegan Insurance Agency Printed Name 314 N.Camp St. Street Address K Seguin,TX 78155 i 1 k `I a I a i � I Page 2 09629 7.2909 Payment Bond 00090656 i i D&SCONC-01 DHAY ,d►C�o,i2c� DATE(MM/ Y)CERTIFICATE OF LIABILITY INSURANCE 12123/20/6 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 have ADDITIONAL INSURED provisions or 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 CONTACT NAME: Donegan Insurance Agency,Inc. PHONE FAX 314 North Camp Street (A/C,No,Ext): (830)303-8300 (A/C,No):(830)303-8318 Seguin,TX 78155 A DRIES : INSURERS AFFORDING COVERAGE NAIC# INSURER A:Western World INSURED INSURER B:Evanston Insurance Company 35378 D&S Concrete Contractors INSURER C:Texas Mutual Ins.Co. 22945 515 Sheffield Rd INSURER D: Seguin,TX 78155 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 ADDL SU—IRT— LTPOLICY EFF POLICY EXP LYYIIMITS LTR TYPE OF INSURANCE POLICY NUMBER A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCURNPP8343979 08/20/2016 08/20/2017 DAMAGE TO RENTED 100,000 X X PREMISES Ea occurre e $ MED EXP(Any oneperson) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY❑X JE� LOC PRODUCTS-COMP/OP AGG $ 210001000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ ANY AUTO BODILY INJURY Perperson) $ OWNED SCHEDULED BODILY INJURY Per accident $ AUTOS ONLY AUTOpSWN AUTOS ONLY AUTOS ONLY PeOaccdentDAMAGE $ B UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 1,000,000 X EXCESS LIAB CLAIMS-MADE EZXS1005888 08/20/2016 08/20/2017 AGGREGATE $ 1,000,000 DED RETENTION$ $ C WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X 0001297262 11/18/2016 11/18/2017 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 1 -7 OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Project: Kensington Channel Improvements 30 Day Notice of Cancellation is provided on all policies;except 10 days for non-payment of premium See attached forms CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci of Round Rock THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City ACCORDANCE WITH THE POLICY PROVISIONS. City Manager 221 E.Main Street Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD