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Contract - Capital Excavation - 9/12/2022R-2022-188 00500 AGREEMENT 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 { j day of 'i i in the year 2022-- BETWEEN 022--BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Capital Excavation ("Contractor") 2967 Business Park Dr Rnrla'T,-Yn z 796,10 The Project is described as: Gattis School Road Segment 6 Federal Aid Project#:STP 2021 (685)MM CSJ:0914-05-196 The Engineer is: BGE, Inc. 101 West-Louis Henna Blvd. _ Suite 400 Austin,Texas 78728 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 4-2020 Page l of 5 Standard Form of Agreement 00443647 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 eight hundred804 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than eight hundred ( 800 )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 datc(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of One thousand five hundred and No.'100 Dollars($ 1,500.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. 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 Eight hundred thirty (830 )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 full and complete performance of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be Seventeen million four hundred sixty-four thousand three hundred twenty-six dollars and twenty seven cents ($ 17,464,326.27 ),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? Na X . Yes .If yes,please provide details below. 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 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 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 of amounts approved by the Owner 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. The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. 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 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 and approved by the Owner. 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 General Conditions. 00500 4-2020 Page 3 of 5 Standard Form of Agreement 00443647 6.2 The Work may be suspended by Owner as provided in Article 15 of the 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 April20ZZ 7.1.4 The Specifications are those contained in the Project Manual dated April 2022 7.1.5 The Drawings,if any,are those contained in the Project Manual dated April 2022 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated April 2022 7.11.7 The Notice to Bidders,Instructions to Bidders, Bid Form,and Addenda,if any,are those contained in the Project Manual dated April 2022 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: AI/A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Bill Stablein CORR Transportation Dept 512-218-3237 bstablein(@.roundrocktexas.gov 8.3 Contractor's representative is: Sill Mayfield _ bmayfteld@capitalexcavation.com 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 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 two(2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR CITY F ROUND ROCK,TEXAS Printed Name: Prin Name: f ,4r2lrob _ Title 'V` Title: 01 1. 42 Date Signed: _ Date Signed: ATTEST: City Clerk FOR ' . ,APPROVED S TO FORM: City Att ey 00500 4-2020 Page 5 of 5 Standard Form of Agrccmcnt 00443647 00600 INSURANCE AND CONSTRUCTION BOND FORMS CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet l. 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 Websitc: http:;,www.tcli.st;ite.tx.u:; . - 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"elikihle for a Texas license." Please verify with the Texas Dept of Insurance Website:Mg. www.tdi.state.mua.—CompanyLookup b. Policy has to be written by licensed surplus lines Aeent. Also verify with the Texas Dept of Insurance Website: http;+:www.tdi.state.Ix.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—Aaent Lookup. r« t5 Bond #46BCSIV7940 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Capital Excavation Company , of the City of Buda County of Hays and State of Texas , as Principal, and Hartford Fire Insurance Company _ authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (Owner), in the penal slim of seventeen million four hundred sixty-four thousand three hundred twenty-six and twenty seven Dollars ($ 17,464,326.27 } 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 day of , 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. Gattis School Road Segment 6 Federal Aid Project##: STP 2021(685) MM CSJ: 0914-05-196 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 4-2020 Performance Bond 00443639 PERFORMANCE 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 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. If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of Principal's default, shall perform all of Principal's duties and obligations under the Agreement. If, within ten (10) days after receipt of such notice from Owner, Surety does not commence to complete the obligations of Principal with a contractor acceptable to Owner and diligently complete the performance of the Principal's duties and obligations, Owner shall have the right but not the obligation to have the duties and obligations of Principal performed. In such event, Surety shall pay to Owner,upon demand, all costs, expenses and damages sustained by Owner as a result of Principal's failure to perform its duties and obligations under the Agreement up to the $17,464,326.27 sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 2 I s { -- — day of T . , 20 Capital Excavation Company Hartford Fire Insurance Compan�, f.., Pri cipal Surety r e Kae Perdue � Printed mePrinted e " y: y: -- Title: (_,�. (� Title: Att y-In-Fact Address: 2967 Business Park Drive Address: 3000 Internet Drive, Suite 600 Buda, Texas 78610 Frisco, Texas 75034 Resident Agent of Surety: Signature Walter DeLaRosa _ Printed Name 8144 Walnut Hill Lane, Suite 1600 Street Address Dallas, Texas 75231 City, State & Zip Code Page 2 00610 4-2020 Puforinanec Bond 00443639 r Bond #46BCS1V7940 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Capital Excavation Company of the City of Buda , County of Hays_ _ , and State of Texas , as Principal, and Hartford Fire Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Seventeen million four hundred simy-four thousand three hundred twenty-six and twenty seven cents Dollars($ 17,464,326.27_ _ ) 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 , 20 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: Gattis School Road Segment 6 Federal Aid Project 4: STP 2021(685) M CSJ: 0914-05-196 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 04-2020 Paymcni Bond 00437699 i 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 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 contract, or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this z( s{ day of_ JLAr).0 , 20 . Capital Excavation Company Hartford Fire Insurance Company Pr cipal Surety -, t a e Y`�1 - Kae Perdue _ �'o-a Printed ame Printed N y�Njr 'tn J 5 i' • 1.1 Ti .e: Bitie: � � �� �� Att ey-In-Fact - r{ Address: 2967 Business Park Drive T Address: 3000 Internet Drive� Suite-60 Buda, Texas 78610 Frisco,Texas 75034 Resident of Surety: Signature Walter DeLaRosa Printed Name 8144 Walnut Hill Lane, Suite 1600 Street Address Dallas, Texas 75231 City, State &Zip Code Page 2 006201-2020 Payment Bond 00090656 IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja. You may contact your agent. Puede comunicarse con su agente. You may call Hartford Insurance Group at the toll free telephone number for information or to Usted puede Ilamar al numero de telefono make a complaint at: gratis de The Hartford Insurance Group para informacion o para someter una queja al 1-800-392-7805 1-800-392-7805 You may also write to The Hartford: Usted tambien puede escribir a The Hartford. The Hartford The Hartford Hartford Financial Products 2 Park Avenue, Stn Floor Hartford Financial Products New York, New York 10016 2 Park Avenue, 5th Floor 1-212-277-0400 New York, New York 10016 1-212-277-0400 You may contact the Texas Department of puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at: acerca de compahias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance Texas P.O. Box 149104 P.Q. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax Number (512) 490-1007 Fax Number (512) 490-1007 Web: http://www.tdi.state,tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us PREMIUM OR CLAIMS DISPUTES: Should DISPUTAS SOBRE PRIMAS O RECLAMOS: you have a dispute concerning your Si tiene una disputa concerniente a su premium or about a claim you should prima o a un reclamo, debe comunicarse contact the agent first. If the dispute is not con su agente primero. Si no se resuelve la resolved, you may contact the Texas disputa, puede entonces comunicarse con Department of Insurance. el departamento (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso This notice is for your information only and es solo para proposito de information y no does not become a part or condition of the se convierte en parte o condicion del attached document. documento adjunto. F-4275-1,,frX4275-1 HR 42 H006 00 0807 Direct Inquiries/Claims to: f THE HARTFORD BOND,T-11 ,POWER OF ATTORNEY HartfOne Haford Plaza ord,Connecctcut06156 Bond.ClaimsO-thehartford.com cal:888-266-3488 or fax:860-767-6835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Name: MARSH & MCLENNAN AGENCY LLC Agency Code: 46-461496 Hartford Fire Insurance Company,a corporation duly organized under the laws of the State of Connecticut 0 Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford Accident and Indemnity Company,a corporation duly organized under the laws of the State of Connecticut Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana 0 Hartford insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Q Hartford insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Q Hartford Insurance Company of the Southeast,a corporation duly organized under the laws of the State of Florida having their home office in Hartford, Connecticut, (hereinafter collectively referred to as the"Companies")do hereby make, constitute and appoint, up to the amount of Unlimited : Edward R. Bowles, Dawn Davis, Walter J. DeLaRosa, DONNIE DOAN, Kristi Meek, Kae Perdue, Christen Tyner of DALLAS, Texas their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on May 23, 2016 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. Leat s"';'� i �.•�f. n : • ,`hnre�fr, �••IM► - 107Y` 1079 � 19T1 Shelby Wiggins,Assistant Secretary Joelle L.LaPierre,Assistant Vice President STATE OF FLORIDA Ss. Lake Mary COUNTY OF SEMINOLE On this 20th day of May,2021,before me personally came Joelle LaPierre,to me known,who being by me duly sworn,did depose and say;that (s)he resides in Seminole County,State of Florida; that (s)he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument;that(s)he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that(s)he signed his/her name thereto by like authority. .'y�'•f Jessica iv`ICConC '.;9i ruv My Commission Htt 12228D tixpucs June 20,2025 1, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is still in full force effective as of-. _ t.=J.f. L . Signed and sealed in Lake Mary, Floris a. - _t.7 t �♦ rrrKr,� �•NAMP te79 Q ON -�^�� r•'fir i i J`l�//,� � f ,(/[/j�� / F'a};q.rl Keith D.Dozois,Assistant Vice President DATE(MMIDDIYYYY) A�V CERTIFICATE OF LIABILITY INSURANCE 6/2/2022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MHBT,a Marsh&McLennan Agency, LLC company FAX PHONE 8144 Walnut Hill Lane, 16th Floor 972 770-1600 Arc No): 972 770-1699 E-MDallas TX 75231 ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:Navigators Insurance Company 42307 INSURED CAPITEXCI INSURER a:Amerisure Insurance Company 19488 Capital Excavation Company PO Box 1301 INSURER C Austin TX 78767 INSURER 0: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:76189937 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 TYPE OF INSURANCE ADDL UBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MMIDD MMIDDIYYYY B X COMMERCIAL GENERAL LIABILITY OL2117047 4/1/2022 411/2023 EACH OCCURRENCE $1,000,000 CLAIMS-MADE FIOCCUR PREMI ET EaEoccurrence) $1,000,000 X 5,000 Ded. MED EXP(Any oneperson) $10,000 PERSONAL 6 ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2.000.000 POLICY[K]JE T LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY CA21170460001 4/1/2022 411/2023 COMBINED SINGLE LIMIT $ Ea d n1000,000 X ANY AUTO BODILY INJURY(Per parson) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED P r n PROPERTY DAMAGE X HIRED AUTOS _ IX AUTOS $ A UMBRELLA LIAB X OCCUR H022EXC8371521V 4/112022 41112023 EACH OCCURRENCE $5,000,000 X EXCESS LIAR CLAIMS-MADE AGGREGATE S 5,000,000 DEO I X I RETENTION $ B WORKERS COMPENSATION WC2117048 4/1/2022 4/112023 X PER OTH- AND EMPLOYERS'LIABILITY YIN STAT TE R ANY PROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? a N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE9 $1,000,000 If yes describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached N more space Is required) Additional Insured form#CG2010 edition 04 13 applies to the General Liability policy Additional Insured form#CA7118 edition 1109 applies to the Business Auto policy Waiver of subrogation form#CG70 63 edition 04 17 applies to the General Liability policy Waiver of subrogation form#CA7118 edition 1109 applies to the Business Auto policy Waiver of subrogation form#WC420304B applies to the Workers Compensation policy Primary&Non-Contributory General Liability form#CG2001 edition 04 13 Designated Insured-Primary Non-Contributory Coverage When Rquired By Insured Contract or Certificate form#CA7165 edition 09 11 See Attached.- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Manager ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 E. Main Street AUTHORIZED REPRESENTATIVE Round Rock TX 78664 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CAPITEXCi LOC#: A`CPRV ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED MHBT,a Marsh&McLennan Agency,LLC company Capital Excavation Company PO Box 1301 POLICY NUMBER Austin TX 78767 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE; CERTIFICATE OF LIABILITY INSURANCE The General Liability policy includes a blanket additional insured endorsement to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy contains an endorsement with"Primary and NonContributory"wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The General Liability policy contains a blanket waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Automobile Liability policy contains language that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The Automobile liability policy includes waiver of subrogation wording that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The Worker's Compensation policy includes a waiver of subrogation endorsement that may apply only when there is a written contract between the named insured and the certificate holder that requires such wording. The(General Liability,Automobile Liability,Workers Compensation and Excess liability)policy(ies)includes a(blankettspecific)notice of cancellation to the certificate holder endorsement,providing for(30)days'advance written notice if the policy is canceled by the company,or 10 days' written notice before the policy is canceled for nonpayment of premium.Notice is sent to certificate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation to the certificate holder if the named insured requests cancellation. Project: Gattis School Road Segment 6;CS1:0914-05-196 ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD