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Contract - Old Castle Materials - 9/27/2018 City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the - ,l Ain bp)day of in the year 20(1. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Old Castle Materials Texas,Inc. ("Contractor") 1320 Arrowpoint Dr,Ste 600 Cedar Park,Texas 78613 The Project is described as: 2017 SMP Project 6 Residential Type F and Industrial Type C Overlays L.. The Engineer is: Leah J.Collier,P.E. City of Round Rock 512.341.3318 lcollier@roundrocktexas.gov 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 4-2016 Page 1 of 5 Standard Form of Agreement 00307791 J 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 ten ( 10 ) 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 Not Applicable ( NA )calendar days from issuance by Owner of Notice to Proceed, and contractor shall achieve Substantial Completion of the entire Wnrk nn later than Seventy-Five ( 75 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. —1 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 Nine Hundred Seventy and No/100 Dollars($970 ) 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 Ninety ( 90 )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. Sum shall be Three million eight hundred fifty The Contract g two thousand dollars ($3,852,000.00 ),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: L L 00500 4-2016 Page 2 of 5 Standard Form of Agreement 00307791 f� �y • 1 /w*•`� lam. ' ♦ •y `_ . r..+ •. .-. - L 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 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 fmal 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 fmal 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. 00500 4-2016 Page 3 of 5 Standard Form of Agreement 00307791 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 AUGUST 2018 7.1.4 The Specifications are those contained in the Project Manual dated AUGUST 2018 7.1.5 The Drawings,if any,are those contained in the Project Manual dated AUGUST 2018 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated AUGUST 2018 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated AUGUST 2018 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: NONE 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: Brian Kuhn,P.E.,Project Manager City of Round Rock 512.218.6694 bkuhnAroundrocktexas.gov 8.3 Contractor's representative is: DO V 1(k 1Zfee otacaste materials 1Vas,1ic, 132.0 fCY(O+r� otn# tor. t la(0 Ced ur ?M1-- ;(egks i s tQ t 3 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 4-2016 Page 4 of 5 Standard Form of Agreement 00307791 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 OF '/I UND ROCK,TEXAS Printed Name: ri/ ,� J / N Printed Name: r ' • p n • P cc- Uqa 'Title Title: /? c;7 �� +---- rt -(-1114-1 Date Signed: I •I • I' Date Signed: y 1 1 ATTEST: CAW- City Clerk FO' I' Y,APPROV AS TO FORM: , City 41 torney 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 . X03 i 8 ' ACTION BY WRITTEN CONSENT OF THE BOARD OF DIRECTORS OF TEXAS MATERIALS GROUP,INC. The undersigned,being all of the members of the Board of Directors of Texas Materials Group, Inc., a Delaware corporation(the "Corporation"), do hereby, pursuant to applicable Delaware statute, give this written consent to the taking of the following actions,such actions to have the same force and effect had a meeting been duly called and held: I. ELECTION OF OFFICERS RESOLVED,that effective November 8,2018 all previous elections of officers are terminated, and the following persons be, and hereby are, elected to serve as officers of the Corporation(each individually, an "Officer" and collectively,the "Officers") in the capacities set forth opposite their respective names until such time as their successors shall be elected and qualified: Mark Snyder President Kristin Davis Secretary/Treasurer Kal A. Kincaid Vice President/Assistant Secretary John Reid Vice President/Assistant Secretary Jake Parson Vice President/Assistant Secretary Nicholas Schack Vice President/Assistant Secretary Mike Brown Vice President/Assistant Secretary Hugh Franklin Vice President—Finance William B. Miller Admin. Vice President/Assistant Secretary Robert Banks Assistant Secretary FURTHER RESOLVED,that the Officers be, and each of them hereby is, authorized to execute and deliver agreements, contracts, documents, certificates, and other instruments,under the seal of the Corporation if required, for the purpose of conducting the Corporation's business, including without limitation, selling products and securing construction work, and to take such other action, as they may deem necessary, advisable, convenient, or appropriate to carry out and fully perform duties incident to the office or offices so appointed, and such other duties as may be prescribed by the Board of Directors from time to time; FURTHER RESOLVED, that the following persons are hereby designated Officers solely for the purpose of attesting signatures of other Officers signing on behalf of the Corporation, and for executing and attesting various corporate documents,tax returns, affidavits, and other instruments as may be necessary from time to time: Jessica Aldrich Assistant Secretary/Assistant Treasurer Chris Michael Assistant Secretary Larry Mathews Assistant Secretary Michael F. Deaton Assistant Secretary Mike Wallace Assistant Secretary Dean W. Buchanan Assistant Secretary Gary P. Hickman Assistant Secretary Michael G. O'Driscoll Assistant Secretary William P. Jones Assistant Secretary David M. Toolan Assistant Secretary No Text David C. Lewis Assistant Secretary David Young Assistant Secretary Rodney McCarn Assistant Secretary Kayleigh Hatchett Assistant Secretary II. APPOINTMENT OF AUTHORIZED EMPLOYEES RESOLVED, that effective November 8, 2018 all previous appointments of authorized employees are terminated, and that the following persons be and each of them hereby is appointed to serve as an authorized employee of the Corporation, which persons shall be authorized to execute and deliver such agreements, contracts, documents, certificates and other instruments, under the seal of the Corporation if required, for the purpose of conducting the Corporation's business including, without limitation, selling products and securing construction work: Robert Brown Kaylon Page L.L. Mathews,Jr. Barry Egbert James A. Connor Kirk Morris Dean Donnellan Stephen Koonce Lance Phillips Josh Houston David Reese Ben Liggett Rebecca Rutledge Scott Blanchard Angela Kvarme TJ Brown Lisa Roberts FURTHER RESOLVED, that the President of the Corporation may, from time to time, without further action by the Board of Directors, appoint other persons to serve as authorized employees, or remove any individuals from this capacity, and to direct those appointed to take such action, as he may deem necessary, advisable, convenient or appropriate to carry out and fully perform the duties incident to the office of President; III. AUTHORIZATION OF TRADE NAMES RESOLVED, that the activities and operations of the Corporation may be carried on in any of the following manners or styles as may from time-to-time be deemed necessary or appropriate: Gulf Coast,a CRH company Texas Bit, a CRH company Texas Concrete,a CRH company Texas Materials,a CRH company FURTHER RESOLVED, that the President of the Corporation may, from time to time, without further action by the Board of Directors, authorize the use of additional trade names, and to deem unauthorized any trade name previously authorized, as he may deem necessary, advisable, convenient or appropriate. IV. MISCELLANEOUS RESOLVED,that all actions previously taken by any Officer of the Corporation appointed hereunder in his/her capacity as such Officer be, and each of them hereby is, adopted,ratified, confirmed and approved in all respects as the authorized acts and deeds of the Corporation; No Text FURTHER RESOLVED,that each undersigned agrees that electronic signatures,whether digital or encrypted, of the Board of Directors are intended to authenticate this consent and to have the same force and effect as manual signatures. As used in the previous sentence,the term"electronic signatures"means any electronic sound, symbol or process attached to or logically associated with this consent and executed and adopted by a member of the Board of Directors with the intent to sign such consent, including, but not limited to, e-mail electronic signatures executed through Adobe®eSign Services; and FURTHER RESOLVED,that this Consent, following execution by all of the members of the Board of Directors,be filed in appropriate order in the minute book of the Corporation. Signature: (.7�� l2gtk9 Signature: v C ch John J.Keating(Nov 8,2018) David M Church(Nov 8,2018) Email: john.keating@na.crh.com Email: david.church@na.crh.com No Text 00600 INSURANCE AND CONSTRUCTION BOND FORMS No Text CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet 1. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 2. PRODUCER and INSURED -Please list name, address,phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/. —Company Lookup. Note:Exception to this rule.In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used.Below are the guidelines: a. Insurance Company does not have to be"licensed in Texas",but they do have to be"eligible for a Texas license." Please verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance c. Commercial General Liability Insurance d. Builders' Risk Insurance— (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require "professional liability insurance".) 5. EFFECTIVE DATE &EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes, cancellation, etc. at least thirty(30) days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website—www.tdi.state.tx.us—Agent Lookup. BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the bond must be counter-signed by Texas local recording agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website—www.tdi.state.tx.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement & Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Person. If the contractor is a corporation, then it should be signed by the President or the Vice-President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. Bond No. 14-2 1 1-82 6 PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON That Oldcastle Materials Texas, Inc. of the City of Cedar Park , County of Williamson , and State of Texas , as Principal, and legirrAutual Insurance 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 Three Million Eight Hundred Fifty Two Thousand and 00/100 Dollars ($ 3,852,000.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the ( ..tb- day of r—G.4644111,149 , 20 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: 2017 SMP Project 6-Residential Type F and Industrial Type C Overlays 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 t' 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 12th day of October , 2018 . Oldcastle Materials Texas, Inc. Liberty Mutual Insurance Company Principal Surety Tina Davis,TX License No. 1356133 Printed Name Printed Name By: lee/ y: Title: - VP rive • "mai '11-51/118:1a1111110 Address: /52.6, Ate."' Address: 15 W. South Temple,Suite 700 e6DARALIC-1 73 7Z/3 Salt Lake City, UT 84101 Reside4.11„tisk nt of Suret, N/A A Signa re CktlE0A, (A44-yb 1( Printed Name )3ao Ptyyal„ fois41- */00o sar tw.Address eAt•el -781g 13 City, State&Zip Code Page 2 00610 7-2009 Performance Bond 00090656 No Text Bond No. 14-211-826 PAYMENT BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That Oldcastle Materials Texas, Inc. , of the City of Cedar Park ' County of Loperty Mutual Ifisurance Williamson , and State of Texas as Principal, and Company 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 Three Million Eight Hundred Fifty Two Thousand and 00/100 Dollars ($ 3,852,000.00 ) for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated the day of octobAhLW2t , 20 rf, 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: 2017 SMP Project 6-Residential Type F and Industrial Type C Overlays NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers,mechanics, and suppliers, all monies to them owing by said Principals for subcontracts, work, labor, equipment, supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise •to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 7-2009 Payment Bond 00090656 No Text PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect it's obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 12th day of October , 20 18 . Oldcastle Materials Texas, Inc. Liberty Mutual Insurance Company Principal Surety %a.; Ext"MS Tina Davis,TX License No. 1356133 Printed Name Printed Name By: Sae/ By: Title: VP_re4",,,.‘e -• Address: /52,0 Alizo Poipti Address: 15-VV:=F-1 Temple, Suite 700 Aveg, 7j 78.6/3 Salt Lake City, UT 84101 Reside t AgentA rof Surety: SiEtire Printed Name I 3 a0 ANY,.1-J PD 114 Street Address __Celf.A4_44_17?(C 1811 Page 2 00620 7-2009 Payment Bond 00090656 No Text State of UT County of Salt Lake ss: On October 12, 2018 ,before me,a Notary Public in and for said County and State,residing therein,duly commissioned and sworn,personally appeared Tina Davis known to me to be Attorney-in-Fact of Liberty Mutual Insurance Company the corporation described in and that executed the within and foregoing instrument,and known to me to be the person who executed the said instrument in behalf of the said corporation,and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year stated in this certificate above. a c / My Commission Expires 3/13/2019 { Lisa Hall Notary Public I L' A HALL err s vai'C 4. My Comm.Expires IINa;'3,2019 No Text I • • , THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8173010 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Lisa Hall;Linda Lee Nipper;Tina Davis;Lindsey Plattner all of the city of Salt Lake City ,state of UT each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of August , 2018 . as `�is ,L s c:.,,'-y,/ s'.-00,),,-1,... ;F ,�``pb A>„`f. The Ohio Casualty Insurance Company N Liberty Mutual Insurance Company cu o 1919 r: ' 1912 .1 z _ a 1991 West American Insurance Company - ` * * * By: �/' /l�u> 12 ?1A , it CDavid M.Carey Assistant Secretary C CU STATE OF PENNSYLVANIA ss c0 +7” COUNTY OF MONTGOMERY >_ _ 0 On this 7th day of August , 2018,before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance v I- 0 y Company,The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do,execute the foregoing instrument for the purposes >,W p= therein contained by signing on behalf of the corporations by himself as a duly authorized officer. L L .� > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. O �. +76 �-,c O p '�Sp COMMONWEALTH OF PENNSYLVANIA i�j, . O M • � 4,.... 4,01,4,,v6.�Roratv�,�{�{� Notarial Seal cJ' C•N u = • Teresa Pastella,Notary Public By: OOF Upper Merlon Twp.,Montgomery County Teresa Pastella,Notary Public a) c -- L ." I My Commission Expires March 28,202.1 ? (LS ai • tiL.,a 0E (}7Any 90sy Member.Pennsylvania r Association of Notaries 0. tts Cas This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual •U)p ac, Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: .0 G as i ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject 0 C -2,23 to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, ..ai 0,E acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact,subject to the limitations set forth in their respective E ai powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so .� cu 8 co executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney-in-fact under >.Q 1:3 the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. d #.,N •Fs = ARTICLE XIII-Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, E oo > 2 and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute, -M O = seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their E 00 Z 0 respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v o executed such instruments shall be as binding as if signed by the president and attested by the secretary. 0 co Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in- F—r fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization—By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 12TH day of OCTOBER 20 18 �� rrr P,�•Q? ;`��y„ri)na;C��.. `t.. vi a>4• �y'�„— 0 1919 2, >_� 1912 V 19131 By y K a' Renee C.Llewe ssistant Secretary J 'f'rr;t;sr �;a 6->, ,,1,11,S> l'I>.:'>.� `+'Ul4t^ , * , 254 of 700 LMS 12873 022017 No Text Important Notice TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT: You may write to Liberty Mutual Surety at: Liberty Mutual Surety 2200 Renaissance Boulevard, Suite 400 King of Prussia, PA 19406-2755 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectiontdi.state.tx.us Premium or Claim Disputes Should you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Attach This Notice To Your Policy: This notice is for information only and does not become a part or condition of the attached document. LMC-3500 Page 1 of 2 Rev 7 1 07 11/4 NOTIFICACION IMPORTANTE PARA OBTENER INFORMACION 0 REALIZAR UNA QUEJA: Usted puede escribir Ia notificacion y dirigirla a Liberty Mutual Surety en la siguiente direccion: Liberty Mutual Surety 2200 Renaissance Boulevard, Suite 400 King of Prussia, PA 19406-2755 Usted puede contactar al Departamento de Seguros de Texas para obtener informacion acerca de las companias, coberturas, derechos o quejas: 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a la siguiente direccian: P. 0. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us Disputas acerca de primas o reclamos En caso de que usted quiera elevar una disputa concerniente al tema de primas, por favor contacte en primer lugar a su agente. Si el tema de la disputa es relativo a un reclamo, por favor contacte a Ia compania de seguros en primer termino. Si usted considera que la disputa no es apropiadamente resuelta en estas instancias, entonces usted puede contactar al Departamento de Seguros de Texas.. Adjunte esta notificacion a su poliza: Esta notificacion es a los solos fines de su informacion y Ia misma no forma parte a condiciona de manera alguna eI documento adjunto. LMIC-3500 Page 2 of 2 Rev 7 1 07 AC CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) `...---' 12/15/2018 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(ies) 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 Liberty Mutual Insurance Co. National Insurance East NAMEACT Valerie Reece 2000 Westwood Dr. PHONE Wausau WI 54401 (A/C.No.Ext): 513-867-3822 (A/C,No): FAx ADDARESS: CMeCertProductionAlibertymutual.com INSURER(S)AFFORDING COVERAGE NAIC# www.LibertyMutual.com INSURER A: Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: Liberty Insurance Corporation 42404 Texas Materials Group, Inc. (211-CED) DBA Wheeler INSURER C: 1320 Arrow Point Drive, Suite 600 INSURER D: Cedar Park TX 78613 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 45939265 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 SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS A / COMMERCIAL GENERAL LIABILITY ✓ ✓ TB2-C81-004095-118 9/1/2018 9/1/2019 EACH OCCURRENCE $2,000,000 DAMAGE TO RENTED CLAIMS-MADE ,/ OCCUR PREMISES(Ea occurrence) $250,000 XCU Coverage Included Primary/Non-Contributory MED EXP(Any one person) $50,000 _ Separation of Insured PERSONAL&ADV INJURY $2,000,000 _ GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ✓ jECOT- LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY ✓ ✓ AS2-C81-004095-128 9/1/2018 9/1/2019 Eoa aBccdentSINGLE LIMIT $2,000,000 ✓ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AS2-C81-054502-528 9/1/2018 9/1/2019 BODILY INJURY(Per accident) $AUTOS ONLY AUTOS Physical Damage only:NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Comprehensive Ded$10,000 (Per accident) $ Collision Ded$10,000 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION ✓ WA7-C8D-004095-028 9/1/2018 9/1/2019 PER OTH- AND EMPLOYERS'LIABILITY Y/N ✓ STATUTE ER All except OH,,ND,WA,WY OFFICER/MEMBER EXCLUDED? N N/A E.L.EACH ACCIDENT $1,000,000 (Mandatory in NH) WC7-C81-004095-018 9/1/2018 9/1/2019 E.L.DISEASE-EA EMPLOYEE $1.000,000 If yes,describe under DESCRIPTION OF OPERATIONS below WI,MN E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Re:Project:2017 SMP Residentail Type F Overlay-Project 1 City of Round Rock is listed as additional insured with regards to the general liability and automobile liability policies,on a primary and non-contributory basis,where required by written contract. Waiver of subrogation is included in favor of the additional insured,where required by written contract,and where applicable by law. CERTIFICATE HOLDER CANCELLATION Project:2017 SMP Residentail Type F Overlay-Project 1 City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: City Manager ACCORDANCE WITH THE POLICY PROVISIONS. 221 E Main Street Round Rock TX 78664 AUTHORIZED REPRESENTATIVE y� ) - )f Le / e GQ., I Valerie Reece ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 45939265 I LM_44 I *9/18-9/19 - Standard 2/2, Excess I Donna Smitala 112/15/2018 8:30:59 AM (CST) I Page 1 of 1 No Text \-,,,.,PID TAB UL TION tTHECI YOFROUNDROCKBid Extended By: Transportation Department � y;• ••.•9J, 11 � � -j" Print Name Initials 2008 Enterprise Dr. j* * 1� Bid Opening Date: 9/5/2018 ' # Round Rock, Texas. 78664 �•••••-•••••••••••..........:....� Bid Opening Location: 2008 Enterprise Drive �,,,•LEAH.d.,COLLIER�••� Liquidated Damages: $970/Calendar Days /t•off 71920 ,;�, No.of Responses: Project Name:2017 SMP Project 6 �� 0,�:'•.�/CENSE X00 0 Project Manager: Mike Ackerman •••••''4 P� Consultant: N/A Project ID: it `'*** l.E�G`= Project Duration: 120 Calendar Days .. ........... Bidders Name Alpha Paving Austin Materials Oldcastle Materials Texas Contractors Business Location Round Rock Austin Cedar Park Guarantee:Bid Bond,Cashier Check or Certified Check Bid Bond Bid Bond Bid Bond Statement of Safety Experience,Yes or No Yes Yes Yes Addendum(s)Acknowledged,Yes,No,or N/A N/A N/A N/A .. ..... ... ................... APPROX. UNIT UNIT UNIT ITEM ITEM DESCRIPTION QTY. UNIT PRICE COST PRICE COST PRICE COST I Type F HMAC I"Overlay including tack coat 20000 Ton $81.50 $1,630,000.00 $95.00 $1,900,000.00 $81.00 $1,620,000.00 2 Type C HMAC 3"Overlay including tack coat 10000 Ton $64.50 $645,000.00 $89.00 $890,000.00 $63.00 $630,000.00 3 Pavement Repair 8000 Ton $77.50 $620,000.00 $102.00 $816,000.00 $84.00 $672,000.00 4 Edge Milling(6'wide) 51000 SY $2.85 $145,350.00 $2.20 $112,200.00 $1.30 $66,300.00 5 Surface Milling 55000 SY $4.85 $266,750.00 $3.90 $214,500.00 $1.90 $104,500.00 Type D HMAC spot level-up at street cuts, depressions, and areas of curb and gutter replacement prior to Type F 6 Overlay 100 Ton $100.00 $10,000.00 $155.00 $15,500.00 $100.00 $10,000.00 7 Valve Can Adjustment 165 EA $65.00 $10,725.00 $115.00 $18,975.00 $55.00 $9,075.00 8 Manhole Adjustment 365 EA $190.00 $69,350.00 $250.00 $91,250.00 $185.00 $67,525.00 Remove and Replace Concrete Curb and Gutter(incl 4" 9 TY A or TY B HMAC) 4200 LF $40.00 $168,000.00 $40.00 $168,000.00 $48.00 $201,600.00 10 Remove and Replace Reinforced Concrete Driveway 4500 SF $9.50 $42,750.00 $9.35 $42,075.00 $13.00 $58,500.00 Remove and Replace Reinforced Concrete Driveway 1 I (Exposed Aggregate) 500 SF $17.50 $8,750.00 $12.00 $6,000.00 $20.00 $10,000.00 12 Remove and Replace Reinforced Concrete Sidewalk 23500 SF $7.75 $182,125.00 $10.00 $235,000.00 $10.00 $235,000.00 Remove and Replace Reinforced Concrete Sidewalk 13 (Exposed Aggregate) 4000 SF $I0.70 $42,800.00 $12.00 $48,000.00 $20.00 $80,000.00 14 Reinforced Concrete Sidewalk Ramp 5 EA $1,250.00 $6,250.00 $1,600.00 $8,000.00 $1,500.00 $7,500.00 15 Remove and Replace Reinforced Concrete Valley Gutter 125 SF $30.00 $3,750.00 $40.00 $5,000.00 $40.00 $5,000.00 16 ITraffic Control 3 MO $3,500.00 $10,500.00 $24,000.00 $72,000.00 25,000.00 $75,000.00 TOTAL: $3,862,100.00 $4,642,500.00 $3,852,000.00 SHEET: I of 2 BID TABULA TION 1HE CIT Bid Extended By: 1'ransportation Deparhitent Print Name Initials 2008 Enterprise Dr. Bid Opening Date: 9/5/2018 Round Rock, Texas. 78664 Bid Opening Location: 2008 Enterprise Drive Liquidated Damages: $970/Calendar Days No.of Responses: Project Name:2017 SMP Project 6 Project ID: Project Manager: Mike Ackerman Project Consultant: N/A Project Duration: 120 Calendar Days Bidders Name Lone Star Paving ....... Contractors Business Location Austin Guarantee: Bid Bond,Cashier Check or Certified Check Bid Bond Statement of Safety Experience,Yes or No Yes Addendum(s)Acknowledged,Yes,No,or N/A N/A 7777777 APPROX. UNIT ITEM A ITEM DESCRIPTION QTY. UNIT PRICE COST I Type F HMAC I Overlay including tack caot 20000 Ton $85.00 $1,700,000.00 2 Type C HMAC 3"Overlay including tack coat 10000 Ton $83.25 $832,500.00 3 Pavement Repair 8000 Ton $87.50 $700,000.00 4 Edge Milling(6'wide) 51000 SY $1.40 $71,400.00 5 Surface Milling 55000 SY $2.90 $159,500.00 Type D HMAC spot level-up at street cuts, depressions, and areas of curb and gutter replacement prior to Type F 6 Overlay 100 Ton $104.00 $10,400.00 7 Valve Can Adjustment 165 EA $80.00 $13,200.00 8 Manhole Adjustment 365 EA $172.00 $62,780.00 Remove and Replace Concrete Curb and Gutter(incl 4" 9 _TY A or TY B HMAC) 4200 LF $50.50 $212,100.00 10 Remove and Replace Reinforced Concrete'Driveway 4500 SF $14.00 $63,000.00 Remove and Replace Reinforced Concrete Driveway I I (Exposed Aggregate) 500 SF $21.00 $10,500.00 12 Remove and Replace Reinforced Concrete Sidewalk 23500 SF $10.50 $246,750.00 Remove and Replace Reinforced Concrete Sidewalk 13 (Exposed Aggregate) 4000 SF $21.00 $84,000.00 14 Reinforced Concrete Sidewalk Ramp 5 EA $1,560.00 $7,800,00- 15 Remove and Replace Reinforced Concrete Valley Gutter 125 SF $42.00 $5,250.00 16JTraffiControl 3 MO $4,500.00 $13,500.00 GRAND TOTAL: $4,192,680.00 SHEET: 2 of 2 Mayor Councilmembers City Manager Craig Morgan Tammy Young Laurie Hadley Rene Flores Matthew Baker ROUND ROCK. `TEXAS Mayor Pro Tem Will Peckham City Attorney TRANSPORTATION DEPARTMENT Writ Baese _ Hilda Montgomery Stephan L.Sheets September 5, 2018 Subject: Recommendation to Award—2017 Street Maintenance Program—Project 6 Residential Type F and Industrial Type C Overlays Dear Mr. Hudder: Bids for the above referenced project were opened on September 5, 2018 at 2:00 p.m. Four(4) responsive bid proposals were received. The bids were opened and read aloud. Each submittal was checked for the inclusion of the Statement of Bidder's Safety Experience and bid guarantee. The total bid prices ranged from $3,852,000.00 to $4,642,500.00 as follows: Oldcastle Materials $3,852,000.00 Alpha Paving $3,862,100.00 Lone Star Paving $4,192,680.00 Austin Materials $4,642,500.00 Oldcastle Materials is the apparent low bidder. The engineer's opinion of probable construction cost for this project was $4,214,150.00. Based upon my review of the attached Bid Tabulation, I recommend the City of Round Rock accept and consider the bid of Oldcastle Materials for contract award in the amount of$3,852,000.00 Sincerely, Leah J. Colli r P.E. Chief Transportation Engineer Attachments: Bid Tabulation CITY OF ROUND ROCK 20D8 Enterprise Drive, Round Rock,Texas 78664 [P]512.218.7044•[F]512.218.5536-roundrocktexas.gov 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. 2018-405669 Oldcaste Materials Texas, Inc Ceda,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 09/19/2018 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 services,goods,or other property to be provided under the contract. SMP Project 6 Bid for Street Maintenance Project 6 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Oldcastle TX United States X 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION 4 My name is NICKOLE CARPENTER and my date of birth is 10/26/84 My address is 1320 ARROW POINT DR. SUITE#600 CEDAR PARK TX 78613 USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct, Executed in WILLIAMSON County, State of TEXAS ,on the 19 day of SEPTEMBER ,20 18 (month) (year) Signal a of uthorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.N,us Version V1.0.6711 CERTIFICATE OF INTERESTED PARTIES FORM 1.295 1 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 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2018-405669 Oldcaste Materials Texas, Inc Ceda,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 09/19/2018 being filed. City of Round Rock Date Acknowledged: 09/24/2018 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. SMP Project 6 Bid for Street Maintenance Project 6 4 Nature of interest Name of Interested Party City,State,Country(place of business (check applicable) Controlling Intermediary Oldcastle TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711