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Contract - Texas Materials - 3/6/2019City 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 �,� �1 AGREEMENT made as of the SJ %�'ylTC (G�)ay of in the year 20LI. BETWEEN the Owner: City of Round Rock, Texas (hereafter "Owner" or "City") 221 East Main Street Round Rock, Texas 78664 and the Contractor Te -4a% Ma4erla1S Groulp ("Contractor") 'DR.. TQC � The Project is described as: 2017 Street Maintenance Project (SMP) University Blvd Surface Treatment The Engineer is: Leah J. Collier, P.E. City of Round Rock 512.341.3318 (collier a,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 00307791 V" -u (q, 0 (06 Page 1 of 5 Standard Forth of Agreement 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 from the date delineated in the Notice to Proceed. ( 10 ) calendar days 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 Work no later than fourteen ( 14 ) 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 Six Hundred Ten and No/100 Dollars ($ 610 ) 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 twenty-one ( 21 ) 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'sperformance of the Contract. The Contract Sum shall be h eri� V YC h ($31S. .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 Yes . If yes, please provide details below: 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 the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above, payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require. This schedule, unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the City of Round Rock General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements, if any, which extend beyond final payment; and .2 a final Certificate for Payment has been issued by Engineer. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty (30) days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment shall be treated as non -conforming Work and shall be corrected by Contractor prior to final payment, and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the City of Round Rock General Conditions. 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 NOVEMBER 2018 7.1.4 The Specifications are those contained in the Project Manual dated NOVEMBER 2018 7.1.5 The Drawings, if any, are those contained in the Project Manual dated NOVEMBER 2018 7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated NOVEMBER 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 NOVEMBER 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., Assistant Director -Transportation City of Round Rock 512.218.6694 bkuhn c,roundrocktexas.gov 8.3 Contractor's representative is: TEXAS MA:r9&ZA1 RO U P 1MV111.R"g- L TExASAIATE VAI -S - *^ 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 Date Signed: 3, (;.11 ATTEST: '41L, IkIAw�� City Clerk FOR C Y APPROVED S TO FORM: City Atto y , %tetS' owzlz Printed'`Name: Title: V� /i?j'� 5e�,"C-1 Date Signed: 00500 4-2016 Page 5 of 5 Standard Form of Agreement 00307791 No Text Bond No. 014213144 PERFORMANCE BOND TIIE STATE 0 UTEXAS KNOW ALL BY THESE PRESENTS; COUN'T'Y OF WILLIAMSON That Texas Materials Group, Inc. Of the City of Cedar Park County of Williamson , and State Of Texas as Principal, and Liberty Mutual Insurance Company authorized under the law of the State of Texas to act as surety on bands for principals, are held and firmly bound unto THE CITY OF ROUND ROCK, TEXAS, (Owner), in the penal sum of Three Hundred Seventy Three Thousand Five Hundred and 00/100 Dollars ($ 373_,500.00 ) 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 -�+� clay of . _ _ Fe6ma44AW44 , 2019_ 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 Street Maintenance Project (SMP) University Blvd Surface Treatment NOW, THEREFORE, THE. CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faitlifiilly perfonn 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 worlananship of, the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the (late 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 006107-2009 Performance Bond 00090656 PERFORMANCE BOND (continued) Surcty, 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 terns of the Agreement, or to the work to be performed thereunder. IN WITNESS WIILREOF, the said Principal and Surety have signed and sealed this instrument this 28th day of February , 20 19 . Texas Materials Group, Inc. Principal Printed Name By: /J�—1 �� Title: As rt SE49L67i4K1 - - Address: 1320 Arrow Point _DriveTSwte 600 Cedar Park, TX 78613 Resident Agent of Surety: Signature Sandra R. Parker Printed Name 500 Dallas Street, One Allen Center Street Address Houston, TX 77002 City, State & Zip Code Liberty Mutual Insurance Com any_ __ Surety Tina Davis, TX License No. 1356133 Printed Name �)L c Address: 15 ern le Suite 700 _Salt Lake City, LIT 84101 Page 2 00610 7-2000 Performance Ronrl 00000656 Bond No. 014213144 PAYMENT BOND THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That Texas Materials Group, Inc. , of the City Of Cedar Park , County Of Williamson , and State of Texas as Principal, and Liberty Mutual Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and finely 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 site upon this bond, in the penal sum of Three Hundred Seventy Three Thousand Five Hundred and 00/100 Dollars ($ 373,500.00 ) 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: Wl l LRIAS, the Principal has entered into a certain written Agreement with the Owner, dated the —2� ( IS- day of ­Fsw MAV,'.+ , 2019 , 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 Street Maintenance Project (SMP) University Blvd Surface Treatment 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 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 terns 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 28th day of February , 2019 . Texas Materials Group, Principal 30 0 3,,Jk s Printed Name By: Title: Address: 1320 Arrow Point Drive, Suite 600 Cedar Park, TX 78613__ Resident Agent of Surety: Signature Sandra R. Parker .Printed Name 500 Dallas Street, One Allen Center Street Address Houston, TX 77002 Liberty Mutual Insurance Company Surety Tina Davis. TX License No. 1356133 Printed Name y: ^t - a Address: 15 W. South Temple, Suite 700 Salt Lake City, LIT 84101 Page 2 00620 7-2009 Payment Bond 00090656 State of UT County of Salt Lake } SS' On February 28, 2019 , before me, a Notiuy 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. My Commission Expires 3/13/2019 Lisa Hall Notqy Public L.0 !TALL .,''MAY •;�°.*nl i ^'i�:l �: rJI.L: My Comm. Expires Mar 13, 2019 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. Liberty Liberty Mutual Insurance Company Mt.itL AL The Ohio Casualty Insurance Company Certificate No: 73197tSbB SURETY 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, LindNey Platnler all of the city of Salt Lake city state o U f each individually I ere be more than one named, its true and lawfulattorney-in-lact to make, execute, seal, acknowledge and dellver, or an on I s behalf as surety and as its ac-ra—nUTeed. 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 31 st day of Octobcr , 2018 . 20IState of PENNSYLVANIA M County of MONTGOMERY ss m� .'p c � m O � Liberty Mutual Insurance Company P� 1NS1J.? P'o INSU N 1NSfygq The Ohio Casualty Insurance Company j�400.1'ORyroyC1t11 =`OpPOR,OjOA 2Cr �P`GOpPOgAroym West American Insurance Company 's n v T;1912yO °y1919m�o a 1991 0° � rdl�9SSAceuSE(`4 y° Fh.ya MPSI aa� Ys �NOIANO' aa� 7/1 n�„I I nn rare„ e��l�r� r ce�rer� On this 31 st day of October 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Company T e—Ohio Casua ompany, a—nT0ef American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 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. COMMONWEALTH OF PENNSYLVANIA Notarial Sea' Teresa Pasteild. Notary Puolic Upper Merion Twp Montgomery County By My Commission Expires March 28, 2021 Member Pennsylvania Associatmn or Notaries 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 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 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 to such limitation as the Chairman or President may prescribe, shall appoint such attorneys -in -tact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as su any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, s 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 executed, s 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 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. 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, 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, 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 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 executed such instruments shall be as binding as if signed by the president and attested by the secretary. 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 - 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 28th day of February , 2019 . INS (yR SSV INS&,p XX 1NSt/R �JP`OpPOR” C1 JP0-14". '9'y VP G0 01?4�41,,1 J 3 Fo m Q 3 o n u 2 Fo m 1912 h o 0 1919 0 2 1991 0 tl..�,cy`. 4, o a vd 9sSAU`'�~.da y° i HA 1, s's 'NOInNP aa� By. CHRenee C. Llewellyn, Assistant Y Secretary LMS -12873 LMIC OCIC WAIC Multi Co 062018 ACORO® CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 2/22/2019 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). Liberty Mutual Insurance Co. National Insurance East Westwood estwood Dr.PHONE Wausau, WI 54401 CONTAPRODUCER NAME: Valerie Reece FAX : 513-867-3822 A/C No): E-MAILaDDRESS: CMeCertProductionC@Iibertymutual.com INSURERS AFFORDING COVERAGE NAIC# TB2-1381-004095-118 XCU Coverage Included INSURER A: Liberty Mutual Fire Insurance Company www.LibertyMutual.com INSURED Texas Materials Group, Inc. (211 -CED) DBA Texas Materials -23035 INSURER B : Liberty Insurance Corporation 42404 INSURER C: INSURER D: 1320 Arrow Point Drive, Suite 600 Cedar Park TX 78613 INSURER E: INSURER F: GUVtHA[itti CI -H I11 -ICA 1I- NI IMHF-R• A717nA40 RF1/I4zUIIJ A11111ARCQ• 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 LTR TYPE OF INSURANCE ADDL N SUBR WVD POLICYNUMBER POLICY EFF MM/DD/YYYV POLICY EXP MMIDD/YYYY LIMITS A ,/ COMMERCIAL GENERAL LIABILITY CLAIMS -MADE �✓ OCCUR ✓ Primary/Non-Contributory ✓ ✓ TB2-1381-004095-118 XCU Coverage Included 9/1/2018 9/1/2019 EACH OCCURRENCE $2000000 DAMAGE TO RENTED PREMISES Ea occurrence $250,000 MED EXP (Any one person) $50,000 ✓ Separation of Insured PERSONAL& ADV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ✓1 JE C LOC GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $2,000,000 $ OTHER: A AUTOMOBILE LIABILITY ✓ ✓ AS2-C81-004095-128 9/1/2018 9/1/2019 EOMaBIINEeDtSINGLE LIMIT $2,000,000 BODILY INJURY (Per person) $ ✓ ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY AS2-C81-054502-528 l Physical Damage only: y g y: Comprehensive Ded $10,000 9/1/2018 9/1/2019 BODILY INJURY (Per accident $ ) PROPERTY DAMAGE $ Per accident $ Collision Ded $10,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑N N/A ✓ WA7-CBD-004095-028 All except OH, ND, WA, WY 9/1 /2018 9/1 /2019 ,/ STATUTE OERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $ j (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below WC7 1381 004095 018 WI MN 9/1 /2018 9/1 /2019 E.L. DISEASE - POLICY LIMIT 1 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Project 2017 Street Maintenance Program (SMP) University Blvd Surface Treatment 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. 30 -day Notice of Cancellation. Waiver of subrogation is included in favor of the additional insured, where required by written contract, and where applicable by law. GERTIFICATE HOLDER CANCELLATION Cityof Round Rock Attn: City Manager 221 E Main Street Round Rock TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Valerie Reece ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 7170482 1 LM 44 1 *9/18-9/19 - Standard 2/2, Excess I Donna Smitala 1 2/22/2019 11:18:28 AM (CSTI I Pan, 1 of 1