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Contract - Fuquay, Inc. - 4/27/2023
Q-2023- 12 BID COPY/ORIGINAL CITY OF ROUND ROCK UTILITIES AND ENVIRONMENTAL SERVICES ROUND ROCK TEXAS Project Manual For: 36" Chandler Creek Wastewater Line Rehabilitation Project May 2023 Prepared By: ����� City of Round Rock '�E OF TF\t'`1! Utilities and Environmental Services ash gs if 3400 Sunrise Road 4. ��� Round Rock, Texas 78665 �.... ...1' ROVED BY 61.W C 90�� FQ#STEA�G`?d' ®R N EY SS'IONAL TBPE Firm Registration No I 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 r AGREEMENT made as of the �= ( )day of V in the year 20 . BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor A1C- ("Contractor") f T The Project is described as: J(o n Do-me l e r kA P1 R,c-C D n Lln,t Ae«,r Lce e�, The Engineer is: QCt.J}I it f e �L.'G�A Yu o Oc 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 1 of 5 Standard Foran 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 Oen 0 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than n t n�rW ( q0 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than One-k,,�mj +wcn:64 ( I-Lo )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contractrime 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 OA- - k itA al n d and No/100 Dollars($ 100 .0n ) 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 0 0( •-k u d rel O..J +,a-141 N (_�)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 anall of.Wractor's obligations under this Agreement. The Contract Sum s all be fWo 4%V4t0L &VA Swd.1 .44AW,aAol AIM-HWJI a/a t-4id e.ty a and )U0 100 ($ I- )Q 4g .00 ),subject to additions and deductions as provid d in the Contract Documents. 4.2 Does the Contract Stutz include alternates which are described in the Bid Form? No Yes .If yes,please provide derails 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. 5.13 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 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 rnA �I- 7.1.4 The Specifications are those contained in the Project Manual dated rn ay 2 y . Z42 7.1.5 The Drawings, if any,are those contained in the Project Manual dated AIG�4 ��. 20 7-3 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated in a4 Z� . ZO23 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated Mou 14 . 202') 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: ti IN 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: Ac-iLM LS44 OD 5✓ArF e 20 �A V-ryk., tic :3 8.3 Contractor's representative is: 12&l tt, M. )410EGZ 0.11 IrUL c /Il�uv 9,cof" c�M 7$132, 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 � t 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 FRO RO K,TEXAS V tA� 1�C Printed N ne: Printed Name,-0.t Title 1tAy� Title: T [2C5[VeA, , Date Signed: -7/11 t�Z ?J Date Signed: 5-17-2073 ATTEST: ity Clerk FOR CITY,APPROVED AS TO FORM: �Attoyy 00500 42020 Page 5 of 5 Standard Form of Agreement 00443647 Bond no. HSHNSU0835165 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Fuquay, Inc. , of the City of New Braunfels , County of Comal , and State of Texas , as Principal, and Harco National 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 sum of Two Hundred Sixty Seven Thousand Nine Hundred Forty Eight--------- Dollars ($267,948.00 ) 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 49,�- ( 14::W day of ,20_a to which the Agreement is hereby referred to and made a part hereof as fully and t6 the me extent as if copied at length herein consisting of. Chandler Creek 36-inch Wastewater Line CIPP 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 Pc6onnance 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 penal 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 IZ day of r4y , 20U . Fuquay,Inc. Harco National Insurance Company Principal Surety J>t,cp M. Karen L. Baylor Printed Name Printed Name By: Title: 3► Title: ttomey-in-Fact Address:4861 Old Hwy 81 Address: 4200 Six Forks Rd.,Suite 1400 New Braunfels,TX 78132 Raleigh,NC 27609 Resident Agent of Surety: ,.� Signature Stephen Smith,Alliant Insurance Svs. Printed Name 1421 Hanz Dr. Street Address New Braunfels,TX 78130 City, State& Zip Code Page 2 00610 4-2020 Performance Bond 00443639 Bond no. HSHNSU0835165 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Fuguay,Inc. , of the City of New Braunfels County of Comal , and State of Texas , as Principal, and Harco National 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 Two Hundred Sixty Seven Thousand Nine Hundred Forty Eight and No/100-------------------------------- Dollars($ 267,948.00 )for the payment whereof,well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS,the Principal has entered into a certain written Agreement with the Owner,dated the tW u t—' day of AhM J 20D to which Agreement is hereby referred to and made a part hereof as fully and o the same extent as if copied at length herein consisting of. Chandler Creek 36-inch Wastewater Line CIPP 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 Paymcnt Bond 00437699 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 1 Z day of yM,�, , 20 Z;. Fuquay, Inc. Harco National Insurance Company Principal ��,nn Il Surety Pj4y it;, /2 i4 l L�F-LZ Karen L. Baylor Printed Name Printed Name B By: Title:`�/tr5l�hu Title: Attorney-in-Fact - Address:4861 Old Hwy 81 Address: 4200 Six Forks Rd., Suite 1400 - New Braunfels,TX 78132 Raleigh,NC 27609 Resident Agent of Surety: . -I We%K-A A�s Signatui Stephen Smith,Alliant Insurance Svs. Printed Name 1421 Hanz Dr. Street Address New Braunfels,TX 78130 City, State&Zip Code Page 2 006201-2020 Payment Bond 00090656 POWER OF ATTORNEY Bond# HSHNSU0835165 HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered:4200 Six Forks Rd,Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS:That HARCO NATIONAL INSURANCE COMPANY,a corporation organized and existing under the laws of the State of Illinois,and INTERNATIONAL FIDELITY INSURANCE COMPANY,a corporation organized and existing under the laws of the State of New Jersey,and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark,New Jersey,do hereby constitute and appoint BRANNON BROOKE, CORY BROOKE, STEPHEN SMITH, BYRON R. DUDNEY, RYAN KINLIN, KAREN L. BAYLOR New Braunfels, TX their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof,which are or may be allowed, required or permitted by law,statute,rule, regulation,contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY,as fully and amply,to all intents and purposes,as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed,and may be revoked,pursuant to and by authority of the By-Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December,2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December,2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint,and to revoke the appointments of,Attorneys-in-Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and(2)any such Officers of the Corporation may appoint and revoke the appointments of joint-control custodians, agents for acceptance of process, and Attorneys-in-fact with authority to execute waivers and consents on behalf of the Corporation,and(3)the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking,recognizance,contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation,to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF,HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December,2020 '•�,1NSUq ' STATE OF NEW JERSEY STATE OF ILLINOIS =O?� p►O 'q':',� vpsEj'� County of Essex County of CookCD _ r 1904 n // o'. �asA '3: �b JE a�' Kenneth Chapman f'�f • Executive Vice President,Harco National Insurance Company •••••'''•,, and International Fidelity Insurance Company On this 31 st day of December,2020 before me came the individual who executed the preceding instrument,to me personally known,and, being by me duly sworn,said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY;that the seals affixed to said instrument are the Corporate Seals of said Companies;that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. .`��,,E A 8"I't. IN TESTIMONY WHEREOF,I have hereunto set my hand affixed my Official Seal,at the City of Newark, V .••A:.0G�'; New Jersey the day and year first above written. 0 74-9N ~FW JER`' .`` Shirelle A.Outley a Notary Public of New Jersey 'Oif IIWIN My Commission Expires April 04,2023 CERTIFICATION I,the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit,and the copy of the Sections of the By-Laws of said Companies as set forth in said Power of Attorney,with the originals on file in the home office of said companies,and that the same are correct transcripts thereof,and of the whole of the said originals,and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A02501 Alliant Insurance Services,lnc Irene Martins,Assistant Secretary VER2 2/2019 e_POA I M PORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informaci6n o para presentar una queja: You may contact your Harco National Insurance Usted puede comunicarse con su Harco National Company at: Insurance Company al: 1-800-3334167 1-800-3334167 You may also write to:Harco National Insurance Usted tambien puede escribir a Harco National Company c/o IFIC Surety Group at: Insurance Company c/o IFIC Surety Group at: Attn: Claims Department Attn: Claims Department One Newark Center,20'h Floor One Newark Center,20'Floor Newark,NJ 07102 Newark,NJ 07102 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros de to obtain information on companies,coverages,rights Texas para obtener informacion acerca de companias, or complaints at: coberturas,derechos o quejas al: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir al Departamento de Seguros de Texas: P.O.Box 149104 P.O.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax:(512)490-1007 Fax:(512)490-1007 Web: www.tdi.texas.¢ov Web:www.tdi.texas.aov E-mail:ConsumerProtection(Dtdi.texas.Qov E-mail:ConsumerProtection(a,tdi.texas.eov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the agent or the reclamo,debe comunicarse con el agente o la compania company first.If the dispute is not resolved,you may primero.Si no se resuelve la disputa,puede entonces contact the Texas Department of Insurance. comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR BOND: UNA ESTE AVISO A SU FIANZA DE GARANTIA: This notice is for information only and does not Este aviso es solo para proposito de informacion y no become a part or condition of the attached document. se convierte en parte o condicion del documento adjunto. FUQUINC-01 RBECKMAN ACORO �- CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/Yl'YY) 5/5/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTIN ACT Alliant Insurance Services,Inc. ae°NN,Et, FAX 1421 Hanz Dr (830)387-7019 (ac,No:(830)387-7022 New Braunfels,TX 78130 ADDRESS; INSURERS AFFORDING COVERAGE NAIC N INSURER A:Old Republic Insurance Company 24147 INSURED INSURER B:Navigators Specialty Insurance Company 36056 Fuquay, Inc. INSURERC: P.O.Box 310946 INSURER D: New Braunfels,TX 78131-0946 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSIR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 CLAIMS-MADE [X]OCCUR MWZY 314818 23 2/1/2023 2/1/2024 DAMMGETE 'SS ERENTED occurrence) $ 500,000 MED EXP(Any oneperson) $ 5'000 PERSONAL BADV INJURY $ 1'000'600 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY D JECT F] LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A COMBINED SINGLE LIMIT 2,000,000 AUTOMOBILE LIABILITY (Ea accident) $ X ANY AUTO MWTB 314819 23 2/1/2023 2/1/2024 BODILY INJURY Per person) $ OWNED SCHEDULED .AUTOS ONLY AUTOS E BODILY INJURY Per accident $ AUTOS ONLY AUTOS ONLY POacEciden DAMAGE $ HB X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 EXCESS LAB CLAIMS-MADE H023EXCZ0D6ZSIC 2/1/2023 2/1/2024 AGGREGATE $ 5,000,000 DED RETENTION$ A WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY MWC 314817 23 2/1/2023 2/1/2024 E E 11000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT OFFICER/MEMBER EXCLUDED? Y/N N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1'000'000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT B I Pollution Liability CH22ECP0540201C 2/1/2022 2/1/2024 Each Incident 1,000,000 B Pollution Liability CH22ECP0540201C 2/1/2022 2/1/2024 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability,Commercial Auto and Umbrella policies contains a special provision with"Primary and Noncontributory"wording.30 Days Notice of Cancellation/10 Day Non-payment applies to General Liability,Commercial Auto,Umbrella and Workers Compensation policies.The General Liability, Commercial Auto,Umbrella and Pollution policies include a blanket automatic additional insured endorsement[provision]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 General Liability,Commercial Auto,Umbrella and Workers Compensation policies include a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it.Umbrella is Follow Form over the underlying General Liability,Commercial Auto and Workers Compensation. Workers Compensation includes blanket alternate employer as required by SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Ci Manager THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City 9 ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 E.Main Street Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FUQUINC-01 RBECKMAN +++' LOC#: 1 - A ROr- ADDITIONAL REMARKS SCHEDULE �,,.. Page 1 of 1 AGENCY NAMED INSURED Iliant Insurance Services, Inc. Fuquay,Inc. P.O.Box 310946 POLICY NUMBER New Braunfels,TX 78131-0946 Travis EE PAGE 1 CARRIER NAIC CODE EE PAGE 1 SEE P 1 EFFECTIVE DATE:SEE PAGE 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Description of Operations/Locations/Vehicles: written contract. Fuquay has Equipment-Leased/Rented Coverage and a Builders Risk thru FCCI Insurance Company(NAIC#10178) Policy #CPP100030407-05, policy term 10/1/22-10/1/23. Leased/Rented limit is$500,000 per item with $750,000 Max Occurrence and the Builders Risk coverage per jobsite limit is$800,000. Extended Named Insured Schedule: American Fiber Mfg; Fuquay Complete Erosion Control; Fuquay Contracting; Fuquay Hydro-Mulch Inc; Fuquay, Inc.dba Fuquay Materials; Lucksinger Inc City of Round Rock is listed as additional insured when required by written contract. RE: Chandler Creek 36-inch Wastewater Line CIPP ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD OLD REPUBLIC INSURANCE COMPANY WORKERS' COMPENSATION AND EMPLOYERS'LIABILITY INSURANCE POLICY EARLIER NOTICE OF CANCELATION OR NONRENEWAL PROVIDED BY US SCHEDULE Number of Days' Notice Number of Days' Notice of State(s) of Cancellation Non- Cancellation Reasons Other Than Applicable payment of Premium Non-payment of Premium or Nonrenewal 10 60 SEE ITEM 3.A. Number of Days' Notice of Nonrenewal State(s) Applicable A. For any statutorily permitted reason for cancellation, the number of days required for notice of cancellation, as provided in the Cancellation Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule. B. For any statutorily permitted nonrenewal, the number of days required for notice of nonrenewal as amended by an applicable state endorsement is increased to the number of days shown in the Schedule. WC 99 03 00 MWC 314817 23 FUQUAY, INC. 02/01/2023-02/01/2024 INSURED COPY WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Specific Waiver Name of person or organization X Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this wai ver. 2. Operations: ALL TEXAS OPERATIONS 3. Premi u m: The premium charge for this endorsement shall be 0 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: INCLUDED WC 42 03 04 B (Ed.6-14) MWC 314817 23 FUQUAY, INC. 02/01/2023-02/01/2024 Copyright 2014 National Council on Compensation Insurance,Inc.All Rights Reserved. INSURED COPY WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 01 ALTERNATE EMPLOYER ENDORSEMENT This endorsement applies only with respect to bodily injury to your employees while in the course of special or temporary employment by the alternate employer in the state named in the schedule. Part One (Workers Compensation Insurance) and Part Two (Employers Liability Insurance) will apply as though the alternate employer is insured. Under Part One (Workers Compensation Insurance)we will reimburse the alternate employer for the benefits required by the workers compensation law if we are not permitted to pay the benefits directly to the persons entitled to them. The insurance afforded by this endorsement is not intended to satisfy the alternate employer's duty to secure its obligations under the workers compensation law. We will not file evidence of this insurance on behalf of the alternate employer with any government agency. We will not ask any other insurer of the alternate employer to share with us a loss covered by this endorsement. Premium will be charged for your employees while in the course of special or temporary employment by the alternate employer. The policy may be canceled according to its terms without sending notice to the alternate employer. Part Four (Your Duties If Injury Occurs) applies to you and the alternate employer. The alternate employer will recognize our right to defend under Parts One and Two and our right to inspect under Part Six. SCHEDULE STATE OF SPECIAL OR ALTERNATE EMPLOYER ADDRESS TEMPORARY EMPLOYMENT WHERE SPECIFIED BY TX CONTRACT WC 112a (1-94) WC 00 03 01 MWC 314817 23 FUQUAY, INC. 02/01/2023-02/01/2024 Page 1 of 1 INSURED COPY IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Number of Days' Notice 30 (For non-payment of premium) Number of Days' Notice 60 (For any other reason, other than nonpayment of premium) (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The number of days required for notice of Cancellation, as provided in the Cancellation policy Condition or as amended by an applicable state endorsement, is increased to the number of days shown in the Schedule. PCA 011 10 13 MWT13 314819 23 FUQUAY,INC. 02/01/2023-02/01/2024 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (SPECIFIC) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM It is hereby understood and agreed that the following is added as an Additional Insured on a primary and non-contributory basis only as respects the operations of the Named Insured for: All persons or organizations as required by written contract or agreement. CA 800 009 1018 Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. MW-TB 314819 23 FUQUAY,INC. 02/01/2023-02/01/2024 4. Loss Payment— Physical Damage 5. Other Insurance Coverages a. For any covered "auto" you own, this At our option, we may: Coverage Form provides primary a. Pay for, repair or replace damaged or insurance. For any covered "auto" you don't stolen property; own, the insurance provided by this Coverage Form is excess over any other b. Return the stolen property, at our expense. collectible insurance. However, while a We will pay for any damage that results to covered "auto" which is a "trailer" is the "auto"from the theft; or connected to another vehicle, the Covered c. Take all or any part of the damaged or Autos Liability Coverage this Coverage stolen property at an agreed or appraised Form provides for the "trailer" is: value. (1) Excess while it is connected to a motor If we pay for the "loss", our payment will vehicle you do not own; or include the applicable sales tax for the (2) Primary while it is connected to a damaged or stolen property. covered "auto"you own. 5. Transfer Of Rights Of Recovery Against b. For Hired Auto Physical Damage Coverage, Others To Us any covered "auto" you lease, hire, rent or If any person or organization to or for whom we borrow is deemed to be a covered "auto" make payment under this Coverage Form has you own. However, any "auto" that is rights to recover damages from another, those leased, hired, rented or borrowed with a rights are transferred to us. That person or driver is not a covered "auto". organization must do everything necessary to c. Regardless of the provisions of Paragraph secure our rights and must do nothing after a. above, this Coverage Form's Covered "accident"or"loss"to impair them. Autos Liability Coverage is primary for any B. General Conditions liability assumed under an "insured 1. Bankruptcy contract". Bankruptcy or insolvency of the "insured" or the d. When this Coverage Form and any other "insured's" estate will not relieve us of any Coverage Form or policy covers on the obligations under this Coverage Form. same basis, either excess or primary, we will pay only our share. Our share is the 2. Concealment, Misrepresentation Or Fraud proportion that the Limit of Insurance of our This Coverage Form is void in any case of Coverage Form bears to the total of the fraud by you at any time as it relates to this limits of all the Coverage Forms and Coverage Form. It is also void if you or any policies covering on the same basis. other "insured", at any time, intentionally 6. Premium Audit conceals or misrepresents a material fact concerning: a. The estimated premium for this Coverage Form is based on the exposures you told us a. This Coverage Form; you would have when this policy began. We b. The covered "auto"; will compute the final premium due when c. Your interest in the covered "auto"; or we determine your actual exposures. The estimated total premium will be credited d. A claim under this Coverage Form. against the final premium due and the first 3. Liberalization Named Insured will be billed for the balance, if any. The due date for the final If we revise this Coverage Form to provide premium or retrospective premium is the more coverage without additional premium date shown as the due date on the bill. If charge, your policy will automatically provide the estimated total premium exceeds the the additional coverage as of the day the final premium due, the first Named Insured revision is effective in your state. will get a refund. 4. No Benefit To Bailee—Physical Damage b. If this policy is issued for more than one Coverages year, the premium for this Coverage Form We will not recognize any assignment or grant will be computed annually based on our any coverage for the benefit of any person or rates or premiums in effect at the beginning organization holding, storing or transporting of each year of the policy. property for a fee regardless of any other provision of this Coverage Form. CA 00 01 10 13 © Insurance Services Office, Inc., 2011 Page 9 of 12 MW-FB 314819 23 Fuquay,Inc. 02/01/2023-02/01/2024 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following.. AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM SCHEDULE Name of Person or Organization: All persons or organizations as required by written contract or agreement (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) The Transfer Of Rights Of Recovery Against Others To Us Condition is changed by adding the following.- We ollowing:We waive any right of recovery we may have against the person(s) or organization(s) shown in the Schedule because of payments we make for injury or damage. This waiver applies only to the person or organization shown in the Schedule. PCA 024 10 13 Page 1 of 1 MWT13 314819 23 FUQUAY,INC. 02/01/2023-02101/2024 POLICY NUMBER: MWZY 314818 23 COMMERCIAL GENERAL LIABILITY CG 02 2410 93 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIGUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Number of Days' Notice 60 (If no entry appears above, information required to complete this Schedule will be shown in the Declarations as applicable to this endorsement.) For any statutorily permitted reason other than nonpayment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to the number of days shown in the Schedule above. CG 02 24 10 93 Copyright, Insurance Services Office, Inc., 1992 Page 1 of 1 MWZY 314818 23 Fuquay,Inc. 0210112023-0210112024 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): The project(s)as specified in the written contracts or agreements Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by 'occur- damages or under Coverage C for medical rences" under Section I—Coverage A, and for all expenses shall reduce the Designated Con- medical expenses caused by accidents under struction Project General Aggregate Limit for Section I — Coverage C, which can be attributed that designated construction project. Such only to ongoing operations at a single designated payments shall not reduce the General Ag- construction project shown in the Schedule gregate Limit shown in the Declarations nor above: shall they reduce any other Designated Con- t. A separate Designated Construction Project struction Project General Aggregate Limit for General Aggregate Limit applies to each des- any other designated construction project ignated construction project, and that limit is shown in the Schedule above. equal to the amount of the General Aggregate 4. The limits shown in the Declarations for Each Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, ex- General Aggregate Limit shown in the Decla- cept damages because of "bodily injury" or rations, such limits will be subject to the appli- "property damage" included in the "products- cable Designated Construction Project Gen- completed operations hazard", and for medi- eral Aggregate Limit. cal expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing "suits". CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 MWZY 314818 23 FUQUAY,INC. 02/01/2023-02/01/2024 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by 'occur- "products-completed operations hazard" is pro- rences" under Section I —Coverage A, and for all vided, any payments for damages because of medical expenses caused by accidents under "bodily injury" or "property damage" included in Section I — Coverage C, which cannot be at- the "products-completed operations hazard" will tributed only to ongoing operations at a single reduce the Products-completed Operations Ag- designated construction project shown in the gregate Limit, and not reduce the General Ag- Schedule above: gregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized contract- Products-completed Operations Aggregate ing parties deviate from plans, blueprints, de- Limit, whichever is applicable; and signs, specifications or timetables, the project will 2. Such payments shall not reduce any Desig- still be deemed to be the same construction pro- nated Construction Project General Aggre- ject. gate Limit. E. The provisions of Section III — Limits Of Insur- ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 MWZY 314818 23 FUQUAY,INC. 02101/2023-02/01/2024 IL 10 (12/06) OLD REPUBLIC INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT OF GENERAL AGGREGATE LIMIT DESIGNATED CONSTRUCTION PROJECT(S) AND DESIGNATED LOCATION(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE $ 5,000,000 Ultimate General Aggregate Limit (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) If endorsement(s) CG 25 03 - Designated Construction Project(s) General Aggregate Limit and/or endorsement CG 25 04 - Designated Location(s) General Aggregate Limit is (are) made a part of the policy, the following provisions apply to the insurance provided by this policy and supercede any provision(s)to the contrary: A. The Designated Construction Project General Aggregate Limit (CG 25 03) and Designated Location General Aggregate Limit (CG 25 04) are subject to the Ultimate General Aggregate Limit shown in the Schedule. B. The Ultimate General Aggregate Limit shown in the Schedule is the most we will pay for the sum of all damages under the Designated Construction Project General Aggregate Limit and Designated Location General Aggregate Limit. C. SECTION III - LIMITS OF INSURANCE provisions not otherwise modified by this endorsement shall continue to apply as stipulated. PGL 104 07 14 MWZY 314818 23 FUQUAY,INC. 02/01/2023-02/01/2024 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organizations Location(s) Of Covered Operations All persons or organizations when required by written contract or All locations agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 MWZY 314818 23 FUQUAY,INC. 02/01/2023-02/01/2024 C. With respect to the insurance afforded to these 2. Available under the applicable limits of additional insureds, the following is added to insurance; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable limits of insurance. will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 ©Insurance Services Office, Inc., 2018 CG 20 10 12 19 MWZY 314818 23 FUQUAY,INC. 02/01/2023-02/01/2024 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations All persons or organizations when required by written contract or All Completed operations agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage" caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the"products-completed operations hazard". 1. Required by the contract or agreement; or However: 2. Available under the applicable limits of 1. The insurance afforded to such additional insurance; insured only applies to the extent permitted by whichever is less. law; and This endorsement shall not increase the 2. If coverage provided to the additional insured is applicable limits of insurance. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 12 19 ©Insurance Services Office, Inc., 2018 Page 1 of 1 MWZY 314818 23 FUQUAY,INC. 02/01/2023-02/01/2024 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 MWZY 314818 23 Fuquay, Inc. 02/01/2023-02/01/2024 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY CG 24 04 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): All persons or organizations as required by written contract or agreement Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s)shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 MWZY 314818 23 Fuquay,Inc. 02/01/2023-02/01/2024 4242 Ultraviolet Light Cured Glass Fiber Reinforced Pipe Liner (UV GRP-CIPP)(Wastewater Pipes, Storm Pipes, Box Culverts) 1. DESCRIPTION Provide and install a Glass Fiber Reinforced Pipe Liner cured in place using Ultraviolet Light(GRP-CIPP)for the rehabilitation of wastewater pipes,storm pipes and box culverts.This process will reconstruct existing wastewater pipes,storm pipes and box culverts by forming a structural liner within the existing deteriorated conduit which has generally maintained its original shape. This specification references ASTM F2019(Standard Practice for Rehabilitation of Existing Pipelines and Conduits by the Pulled in Place Installation of Glass Reinforced Plastic—GRP—Cured-in-Place Thermosetting Pipe CIPP),ASTM F1216(Rehabilitation of Pipelines by the Inversion and Curing of a Resin- Impregnated Tube),ASTM F1743(Rehabilitation of Pipelines by Pulled-in-place Installation of a Cured-in- Place Thermosetting Resin Pipe),and ASTM D790(Test Methods for Flexural Properties of Unreinforced Plastics),ASTM D2990(Tensile, Compressive,and Flexural Creep and Creep-Rupture of Plastics)which are made a part of this specification by such references and refer to the latest editions and revisions. In case of conflicting requirements between this specification and these referenced documents,this specification will govern. 2. QUALIFICATION REQUIREMENTS Install the CIPP by using qualified Products and Contractors. Product Requirements-The UV GRP-CIPP must be manufactured in an ISO 9001:2015 certified facility and meet or exceeds the design parameters for the specific project. Contractor Requirements-Contractor must be a certified installer for the specified product and must be a TxDot approved contractor. 3. MATERIALS-SPIRAL WOUND FIBERGLASS LINER 3.1. LINER. Provide a flexible tube manufactured and fabricated under quality-controlled conditions set by the process manufacturer. Use a tube sized so that,when installed,the tube will snugly fit the internal circumference of the pipe and produce the specified thickness and physical properties when the resin cures. The liner shall consist of a seamless spirally wound glass fiber that is flexible and has strain values (expandable)between 5%to 10%and must not have a longitudinal seam.The impregnated liner must have a uniform thickness that,when compressed at installation pressures,will meet or exceed the design thickness and have sufficient strength to bridge missing pipe. Fiberglass materials must be"direct sized"to enhance the fiberglass/resin bond. The liner shall be manufactured to the length necessary to fully span the distance between culvert ends. Include additional length of liner for sealing at junction boxes, manholes,headwalls and/or safety end treatments as necessary. 3.2. MANUFACTURING REQUIREMENTS FOR THE LINER.At the time of manufacture,each lot of glass fiber liner shall be inspected for defects and tested in accordance with applicable ASTM standards(F2019-03). The manufacturer will test the raw materials and liner materials at various stages of manufacturing on every 1 -6 4242 liner,including taking samples of every finished liner and conducting tests for e-modulus,tensile,wall thickness and porosity. For testing purposes, a production lot shall consist of all liner having the same marking number. It shall include any and all items produced during any given work shift and must be so identified as opposed to previous or ensuing production. The Department may at any time direct the manufacturer to obtain compound samples and prepare test specimens in accordance with applicable ASTM standards. The glass fiber liner shall be saturated with the appropriate resin using a resin bath to allow for the lowest possible amount of air entrapment. Vacuum-suction impregnation methods are not allowed due to the introduction of air using this method. The liner will then be formed into a spirally wound shape for the purpose of being seamless in its cured state. An inner and outer material will be added that are both impervious to airborne styrene,with the outer material also having UV blocking characteristics.The inner membrane will be removed after the installation and curing processes are completed. All wet-out or impregnation of the liner must be done in a facility permitted by applicable State Department of Environmental Quality permits. Documentation of appropriate State permitting Agency must be submitted when required. The manufacturing process shall be done under strict DIN ISO 9001 revision 2015 standards or equivalent,ensuring that the glass fiber composite liner is carefully impregnated with resin at the factory. No"over the hole"or"on-site"wet-out is allowed. All liners shall be packaged in special UV protection material and put into shipping containers that ensure the liner can be stored for up to 6 months,with no need for refrigeration. The interior wall color of the liner shall be a light reflective color so that a clear detailed examination with closed circuit television inspection equipment may be made.The liner should be seamless in its cured state to insure homogenous physical properties around the circumference of the cured liner.An"inner liner"and "outer liner"film must be used for resin control(to prevent resin migration and environmental contamination). The"inner"and"outer"film must both be certified styrene pas barriers. 3.3. Structural Requirements for the Liner.The spiral wound fiberglass liner shall be designed for a minimum fifty-year service life under continuous loading conditions. The Long-Term E-Modulus to be used in design shall be verified by independent third-party testing and shall exceed 600,000 psi. The short-term E-Modulus shall be in excess of 1,000,000 psi. Liner thickness shall not be less than that which is computed from the DR's given in Table#1. 2-6 4242 TABLE#1 FIBERGLASS/UV CURE CIPP DESIGN THICKNESS M BASED ON ASTM F1216 APPENDIX Spiral Wound Fiberglass Liner CIPP Dimensional Ratio(DR) DR= Diameter/Thickness Existing Pipe Pipe Depth(Ground Long Term Flex Modulus E= Pipe Size Condition Ovality Water Half) 617,977 0-2% Based on existing 100.80 2-5% job conditions or 84.37 6"-----60" FD 5-10% fully saturated 62.88 FD-Fully Deteriorated,no strength to be assigned to existing pipe. The following parameters were used for FD conditions: Soil Density—120 Ib/cu.ft Soil Modulus-900 psi Live Load-16000 lbs (For parameters outside of Table 1,design thickness will be in accordance with manufacturer recommendations based on ASTM F1216 Appendix/Fully Deteriorated Only). The minimum allowable wall thickness for a Seamless Spiral Wound Fiberglass CIPP products is 3.5 mm and can be increased as necessary to meet ASTM F1216 Design Formula rounded up to the nearest 0.7 mm increment. PHYSICAL PROPERTIES:The cured pipe shall conform to the minimum structural standards,as follows: Tensile Strength ASTM D-638 20,000 psi Flexural Strength ASTM D-790 20,000 psi Short-Term E-Modulus ASTM D-790 1,000,000 psi Long-Term E-Modulus DIN-DN 761 600,000 psi 3-6 4242 4. CONSTRUCTION 4.1. Prior to lining.The contractor will be expected to comply with all City, State and federal standards. Particular attention is drawn to those safety requirements involving entry into a confined space. The Contractor shall carry out its operations in strict accordance with all OSHA and manufacturer's safety requirements. The culvert shall be cleaned and inspected(visual or video)prior to lining.The contractor shall notify the Owner's Representative if any unexpected changes to the culvert have occurred. Provide water diversion systems as necessary for liner installation. The light used for curing the liner shall be assembled according to the manufacturer's specifications for the liner size and tested. 4.2. Liner insertion.A plastic slip-sheet shall be installed in the bottom half of the pipe prior to liner insertion. The slip-sheet is used to protect the outer film from damage during insertion from offset joints,broken pipe, or slightly protruding taps. In addition,it will increase flow characteristics and reduce friction during the pull-in process. Once the slip-sheet is in place,the spiral wound fiberglass liner is prepared for insertion into the host pipe following manufacturer procedures. Care should be taken to protect the ends of the liner from contaminates within the sewer such as moisture. A constant tension winch shall be used to pull the spiral wound fiberglass liner into position. Maximum pulling forces established by the manufacturer will not be exceeded. 4.3. Curing the Spiral Wound Fiberglass Liner.Once the liner has been inserted into the host pipe,an end plug or packer is used to cap one end of the liner to prepare for initial pressurizing. The packer should be secured and restrained to prevent it from being expelled due to internal air pressure. The light train will be inserted into the open end of the liner. Once the light train is inside the liner,a packer is used to cap the end and full liner inflation may begin. Optimum internal air pressure will be achieved by following the manufacturer's required procedure. Once optimum internal air pressure is achieved,a visual"pre-curing"inspection of the liner will be done. Once complete,the light train will be energized and curing of the liner begins. Curing of the spiral wound fiberglass liner is achieved through exposure to LIV light. The following parameters will be monitored,controlled,and recorded during the entire curing process.The recording will demonstrate the entire liner is cured properly and serve as the curing as-built.The recording will include: ■ Curing Speed, ■ Light source working&wattage, ■ Inner air pressure, ■ Exothermic(curing)temperatures, ■ Date and time,and ■ Length of liner. 4-6 4242 Recording of the curing parameters will be accomplished using a computer and database that are tamper proof. During the curing process,infrared sensors will be used to record exothermic curing temperature data. The parameters for curing speed,inner air pressure and wattage are defined in the Quality Tracker UV curing protocol issued by the manufacturer. The optimal curing speed,or travel speed of the energized UV light train, is determined for each length of liner based on liner diameter, liner thickness, and exothermic reaction temperature. The liner is cured once the energized light train has traveled the entire length of the liner. The outer film that has been manufactured to control resin loss,liner thickness,and contamination of the resin by water or other contaminants as well as a styrene barrier,shall remain in-place after UV curing of the liner has been completed. The inner film will be removed after the curing of the liner is complete. After the process is complete,all curing parameter data and the CCTV documentation taken during the cure shall be submitted to the Owner as an as built. 4.4. Post Installation Procedures. Inspection.After the CIPP installation,perform inspection,provide video and curing records. Clean-up.Upon acceptance of the installation work, reinstate the project area affected. 5. MEASUREMENT. "GRP-CIPP Liner"will be measured by Linear Foot(LF).Measurement will be made from end to end of the reconstructed pipe. Cleaning will be measured by Linear Foot(LF). Television inspection work will be measured by Linear Foot(LF). 6. PAYMENT The work performed and materials furnished in accordance with this item and measured as provided under "measurement"will be paid for at the unit price bid for"GRP-CIPP Liner"of the size specified by the inside diameters of the existing pipe/box to be lined.this price is full compensation for testing,for the installation,for furnishing, hauling,placing,and reinstating the project area affected by the contractor's operations,and for all materials,equipment,labor,tools, and incidentals. 7. CLEANING. The work performed and materials furnished in accordance with this item and measured as provided under "measurement"will be paid for at the unit price bid for"cleaning."for the various sizes as stipulated by the inside diameters of the existing pipe/box to be cleaned.this price is full compensation for cleaning, removing and disposing of debris and wash water,equipment,labor, materials,tools, and incidentals. 8. CCTV/VISUAL INSPECTION. The work performed and materials furnished in accordance with this item and measured as provided under "measurement"will be paid for at the unit price bid for"television inspection."if picture quality is 5-6 4242 unsatisfactory,as determined by the engineer,no payment will be made for the inspection.this price is full compensation for inspection,equipment,labor,materials,tools,and incidentals. 6-6