R-12-05-24-G5 - 5/24/2012 t
RESOLUTION NO. R-12-05-24-G5
WHEREAS, the City of Round Rock has duly advertised for bids for the Onion Branch Bank
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Stabilization Project, and
WHEREAS, Austin Filter Systems, Inc. has submitted the lowest responsible bid, and
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WHEREAS, the City Council wishes to accept the bid of Austin Filter Systems, Inc., Now g
Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
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That the Mayor is hereby authorized and directed to execute on behalf of the City a contract
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with Austin Filter Systems, Inc. for the Onion Branch Bank Stabilization Project.
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The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 24th day of May, 2012.
1
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
VIJ�JVV1/�
SARA L. WHITE, City Clerk
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ROUNDROCK,TEXAS City Council Agenda Summary Sheet a!
PURPOSE.PASSION.PROSPERITY.
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Agenda Item No. G5.
Consider a resolution authorizing the Mayor to execute a construction contract with
Agenda Caption: Austin Filter Systems, Inc. for the Onion Branch Stabilization Project. t
Meeting Date: May 24, 2012
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Department: Utilities and Environmental Services
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Staff Person making presentation: Michael Thane, P.E.
Director of Utilities
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Item Summary:
The Onion Branch Bank Stabilization Project extends from U.S. Highway 79 to near the confluence with Brushy Creek
and has experienced some severe erosion problems due to increased flows in recent years. The existing conditions
of the banks have eroded to the point of placing the City's existing water, wastewater and storm water i
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infrastructure in jeopardy. This project will consist of protecting the banks with the construction of mechanically-
stabilized earth (MSE) walls, protecting the water and wastewater lines with grade-control structures constructed
from large diameter rock, extending existing storm water lines, and revegetating the banks with more drought
tolerant vegetation.
On April 11, 2012, four bids for this project were received by the City that ranged from $587,087.80 to 784,269.
Austin Filter Systems, Inc. submitted the low bid in the amount of$587,087.80. This bid was 26 percent below the fi
engineer's estimate of$793,493.
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Cost: $ 587,087.80
Source of Funds: General Self-Financed Construction
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Date of Public Hearing(if required): N/A
Recommended Action: Approval
ORIGINAL
DOCUMENTS
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 .��_`wk` ( )day of �'�. in the year 201 -- i
BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City")
221 East Main Street
Round Rock,Texas 78664
and the Contractor Austin Filter Systems,Inc. ("Contractor")
13653 Rutledge Spur
Austin,Texas 78717
The Project is described as: Onion Branch Bank Stabilization Project
The Engineer is: Darrell Jones
URS Corporation
P.O.Box 201088 Austin,Tx 78720-1088
office:512-454-4797
For and in consideration of the mutual terms, conditions and covenants of this Agreement and all
accompanying doctuments 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 execs on of this Agreement; these form the
Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract
represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,
representations or agreements, either written or oral. An enumeration of the Contract Documents, other than
Modifications,appears in Article 8.
ARTICLE 2 THE WORK OF THIS CONTRACT
Contractor shall filly 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 7-2010 Page 1 of 5 Standard Form of Agreement
00196575
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T }AT.
ARTICLE 3 DATE OF COAIlVIENCEMENT;DATE OF SUBSTANTL 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.
33 Contractor shall continence 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 Ninety 90 calendar days from issuance by Owner of Notice to Proceed.
and Contractor shall achieve Substantial Completion of the entire Work no later than
One Hundred and Twenty1( 20 )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 tl.e
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 liarm 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 z
t Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the
Contract Documents.
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3.6 Contractor shall achieve Final Completion of the entire Work no later than One Hundred and Twenty '
120 calendar days from issuance by Owner of Notice to Proceed.
ARTICLE 4 CONTRACT SUMP
41 Owner shall pay Contractor the Contract Sum in currentfluids for Contractor's performance of the
Contract.The Contract Simi shall be Five Hundred and Eighty Seven Thousand Eighty Seven Dollar andeighty cents 3
($587,087.80 ),subject to additions and deductions as provided in the Contract Documents.
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.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents
and are hereby accepted by Owner:
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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 Stun to Contractor as provided below,in Article 14 of the City of Round Rock
General Conditions,and elsewhere in the Contract Documents.
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5.i.2 The period covered by each Application for Payment shall be one calendar month ending on die last day of
the month.
5.13 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(i 0th)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
F 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. y`
5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of r
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 TERM 1TATION 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.
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61 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 Foran 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 22,2012
7.1A The Specifications are those contained in the Project Manual dated March 22,2012
7.15 The Drawings,if any,are those contained in the Project Manual dated March 22,2012
7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated
March 22,2012
71.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the
Project Manual dated March 22,2012
7.1.8 If this Agreement covers construction involving federal finds, 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:
ARTICLE 8 MISCELLANEOUS PROVISIONS
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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: Lance Shellenberger
City of Round Rock.Proiect Manager
Office:512-218-6609 Mobile:512-801-0668
lshellenberger(a)roundrocktexas.gov
8.3 Contractor's representative is: Mark Toungate
President
Office:512-331-6673 Mobile 512-848-4933
markafs@,gotsky.com
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.
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8.6 Owner agrees to pay Contractor from available fiords 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 fimds shall render this Agreement null and void to
the extent fiuids 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 temps 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 patties arising out of or relating
to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation,
any proceeding sunder the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute.
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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 fust 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
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CI ROUND RO TEXAS USn �� IMC
Printed Name:A —GAW*o QPrinted Name: M)AA�C.'ilA'Ti✓ ;
TitlefJ� A ,
I V 1�✓IG✓� Title: MV
Date Signed: "�' Date Signed: 1
ATTEST:
City-S=MtRF
FOR I ,APP OVER AS TO FORM:
City Att ney
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IBond No. 022018948
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PERFORMANCE BOND
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THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS: '
COUNTY OF WILLIAMSON §
That Austin Filter Systems, Inc. of the City of Austin County of
Travis , and State of Texas , as Principal, and West American Insurance Company
authorized under the law of the State of Texas to act as surety on bonds for principals, are held
Iand firmly bound unto THE CITY OF ROUND ROCK,TEXAS,(Owner),in the penal sum of
Five Hundred Eighty Seven Thousand Eighty Seven&80/100's Dollars ($ 587,087.80 ) for
the payment whereof, well and truly to be made the said Principal and Surety bind themselves,
I 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 _ '�/1 L�.� ,20fto 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:
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Onion Branch Bank Stabilization (Name of the Project)
I NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said
1 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
I 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.
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00610 7-2009 Perfonnance Bond
00090656
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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 6th day of June ,2012
Austin Filter S stems Inc. West American Insurance Company
Principal Surety
u John W.Schuler
Printed Name Printed Nameyl
By: By:
Title: V43tS I ENf Title: Attorney-in-Fa
Address: 13653 Rutledge Spur Address:12750 Merit Dr, Ste. 710
Austin,TX 78717 Dallas TX 75251
1 Reside t Agent o S rety:
So ature
John W. Schuler t
Printed Name
1405 E. Riverside Dr I i
Street Address
Austin,TX 78741
City,State&Zip Code
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00610 7-2009 Pcdornuncc Bond
{ 00090656
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Bond No. 022018948
PAYMENT BOND
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THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF WILLIAMSON §
That Austin Filter Systems Inc. of the City of Austin County of
Travis and State of Texas as Principal, and west American Insurance Company
authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held
and firmly bound unto T1:IB 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
Five Hundred Eighty Seven Thousand Eighty Seven&80/loo's
(S 587,087 80Dollars
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 20k, to which A
eent is
hereby referred to and made a part hereof as fully and to the same extent as if copied at length
herein consisting of-
Onion
fOnion Branch BankStabilization -
(Name of the PitojeCt)
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.
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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.
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00620 7-2009 Page I
00090656 Payment Bond
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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, j
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
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this 6th day ofJune ,2012 ;
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Austin Filter Systems, Inc. West American Insurance Company
Principal Surety
lloll John W. Schuler
m ranted Nam Printed Name
By: By:
Title: Ptr1.E&6 ft1V- Title: Atto e -in-Fact
Address: 13653 Rutledge Spur Address: 12750 Merit Dry Ste.710
Austin,TX 78717 nnllas TX 7.5251
Resident/Agent o
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Si ature
John W. Schuler
Printed Name i
1405 E. Riverside Dr
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Street Address
Austin,TX 78741
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00620 7-2009 Payment Bond s
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CERTIFICATE
OF LIABILITY INSURANCE Date: 01-03-12
PRODUCER: TDI number required.Please refer to the
Ttme Insurance Agency Texas Dept of Insurance website: http/lwww.tdi.state, x us/ '
1405 E.RivenWe Or
Austin,Texas 78741 WTexas
OMPANIES AFFORDING COVERAGE
Phone:51?•447.777,1 -m�jl'p�elFevaDtimelnsursncnrgm E
INSURED: oyds Insurance Company
Austin Filter Systems Inc. operty&Casualty Company
13653 Rutledge Spur
Austin.rx 76717 _ demnity Company of CT }
120fle: 512-331.6673 Email: stacycLDaustinfiltersystomcnm al Insurance Co. 5709 3
THIS IS TO CERTIFY THAT the Insured named above Is Insured by the Companies listed above with respect to the business operatio
hereinafter described,for the types of Insurance and In accordance with the previsions of the standard policies used by the companie
and further hereinafter described. Exceptions to the policies are noted below.
s
CO TYPE OF POLICY EFFECTIVE
EXPIRATION �
} LIMITS
LTR INSURANCE NUMBER DATE DATE
A GENERAL LIABILITY C07A261308 09/30/11 09/30/12 GENERAL AGGREGATE $2,000,000
PRODUCTS-COMP/OP AGG. $2,000,000
PERSONAL&ADV,INJURY $1,000,000
EACH OCCURRENCE $1,000,000
FIRE DAMAGE(Any one fire) 5 300,000
MED.EXPENSE(Any one person) $ 10,000
B AUTOMOBILE LIABILITY BA8281X844 04/15/12 04/15/13 COMBINED SINGLE LIMITS
1,000,000
BODILY INJURY(Per person) $
BODILY INJURY(Per accident) $
PROPERTY DAMAGE g
C EXCESS LIABILITY CUP5465B735 09/30/11 09/30/12
EACH OCCURRENCE $5,000,000
AGGREGATE $ 5,000,000
D WORKERS'COMPENSATION TSF0001165193 01-04-12 01-04-13 STATUTORY LIMITS $
AND EMPLOYERS'LIABILITY EACH ACCIDENT
$ 1,000,000
DISEASE-POLICY LIMIT S 1,000,000
DISEASE-EACH EMPLOYEE $ 1,000,000
PROFESSIONAL LIABILITY
BUILDERS'RISK INSURANCE
OR INSTALLATION INSURANCE
DESCRIPTION OF OPERATIONS/
LOCATIONSNEHICLESlSPECIAL ITEMS/EXCEPTIONS
The City of Round Rock is named as additional Insured with respect to all policies except 'Workers' Compensation and Employer
Liability' and 'Professional Liability'. Should any of the above described policies be celled or ch aged before the expiration da
thereof,the Issuing company will mail thirty(30)days written notice to the certificate Olde framed below
CERTIFICATE HOLDER: City Manager V.
City of Round Rock SIGNATURE OF AG LICENSED IN STATE OF TEXAS
221 E.Main Street Jahn Schuler
Round Rock,Texas 78664 Typed Name:
License ID: 1206
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�j Certificate of Liability insurance