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Contract - DigDug Construction, LLC - 9/14/2023
k-le-Z-5-zS1 CITY OF ROUND ROCK ORIGINAL TRANSPORTATION DEPARTMENT ROUND ROCK TEXAS Project Manual For: Kenney Fort, Joe Dimaggio and Brushy Creek Landscape Enhancements July 7, 2023 Addendum #1 - July 21, 2023 Prepared By: Studio 16:19, LLC moo ' 305 W. Liberty Ave, Ste 100 Round Rock, Texas 78664 m 4P ROVED BY ° 1 CITY ATTORNEY TBAE Firm Registration No BR989 00200 BID BOND BID BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That DigDug Construction, LLC of the City of Austin County of Travis State of Texas as Principal, and Merchants National Bonding, Inc. 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"), in the penal sum of Five Percent(5%)of the total amount of the Bid of the Principal submitted to the Owner, for the Work described below; for the payment whereof,well and truly to be made, and the said Principal and Surety do herby bind themselves and their heirs, administrators, executors, successors and assigns, jointly and severally,as follows: In no case shall the liability of the Surety hereunder exceed the sum ofe- i►a.�n✓� Dollars($ THE CONDITIONS OF THIS OBLIGATION ARE SUCH that,whereas,the Principal has submitted the above-referenced Bid to the Owner, for construction of the Work under the "Specifications for Construction of Kenney Fort,Joe DiMaggio and Brushy Creek Landscape Enhancements for which Bids are to be opened at the office of Owner on the 1st day of August ,2023 . NOW,THEREFORE,if the Principal is awarded the Contract,and within the time and manner required under the"Instructions to Bidders,"after the prescribed forms are presented to her/him for signature,enters into a written Agreement substantially in the form contained in the Bid Documents, in accordance with the Bid, and files the two (2) bonds with the Owner, one to guarantee faithful performance and the other to guarantee payment for labor and materials,then this obligation shall be null and void;otherwise,it shall be and remain in full force and effect. If, however, Principal fails to enter into a written Agreement with the Owner in accordance with the Bid or Principal and Surety fail to timely deliver to Owner the performance and payment bonds required by the Bid Documents, Surety within five(5)business days after receipt of a written demand from Owner shall pay to Owner the full penal sum of this Bid Bond, subject to the limitation described herein. In the event that suit is brought upon this Bond by the Owner and judgment is recovered, said Surety shall pay all costs incurred by the Owner in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF, the said Principal and Surety have signed this instrument on this the 1st day of the month of August 2023 . DigDug Construction, LLC Merchants National Bonding, Inc. PrincipjJ,� Surety `�,,,��� �S Andy Webb Printed Nam Printed Name By: By: I ,. Title: ' Title: Attomey-In-Fact Address• Address: PO Box 14498 Des Moines, Iowa 50306 00200 4-2020 Page 1 Bid Bond 00443638 Reside7Jw gent of Surety: (A.4 Signature Andy Webb Printed Name 3834 Spicewood Springs Road,#100 Street Address Austin,Texas 78759 City,State,Zip Page 2 00200 4-2020 Bid Bond 00443638 MERCHAN�7 BONDING COMPANY.,, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Andy Webb;April M Terbay;James F Siddons;Jeff Husk;Patrick L Watkins;Sheila Pennington Noxon their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) 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. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 22nd day of May 2023 .A. �. •O \NP•CQ�A�• MERCHANTS NATIONAL BONDING,INC. by,G�EI /P4� �0�1 Ogq�9Z� d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY Q2 -o- �0 :►y:2 -o- o: 2003 �Z: :y 1933 :c; By �.. .gid. .ao:• ........':��``�' �•. . .......�1.•• President STATE OF IOWA •• •. 1 f .•'' '• .• COUNTY OF DALLAS ss. ••of.a. • On this 22nd day of May 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ��uc s Kim Lee i L Commission Number 702737 l� My Commission Expres April 14,2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,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 and effect and has not been amended or revoked. e In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this r day of PO -0 -0- Q.. 2003 �; y 1933 c• Secretary c POA 0018 (10/22) •."""" . MERCH_ANT•� BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) P.O. BOX 14498, DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 FAX: (515) 243-3854 IMPORTANT NOTICE To obtain information or make a complaint: You may contact your insurance agent at the telephone number provided by your insurance agent. You may call Merchants Bonding Company (Mutual) toll-free telephone number for information or to make a complaint at: 1-800-678-8171 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 490-1007 Web: www.td i.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM AND CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. SUP 0032 TX (2/15) MERCHANTS BONDING COMPANY.. MERCHANTS BONDING COMPANY(MUTUAL) • MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498 - DES MOINES, IOWA 50306-3498 , (800)678-8171 , (515)243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual)/Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515) 243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2/15) 00300 BID FORM BID FORM PROJECT NAME: Kenney Fort, Joe Dimaggio and Brushy Creek Landscape Enhancements PROJECT LOCATION: Round Rock, Texas OWNER: City of Round Rock, Texas DATE: August 1, 2023 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the Work, to furnish all necessary superintendence, labor, machinery, equipment, tools, materials, insurance and miscellaneous items, to complete all the Work on which he bids as provided by the attached Bid Documents, and as shown on the plans for the construction of Kenney Fort,Joe Dimaggio and Brushy Creek Landscape Enhancements and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated, for the following prices,to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the City's website at www.roundrocktexas.gov/businesses/solicitations by the close of business on Thursday, July 27th, 2023 . Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum "number" and "date". Addendum#1 - 7/21/23 BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 1.01 1 LS Total Mobilization Payment complete in place perlean for fourty-five thousand dollars and zero cents. $ 45,000.00 $ 45,000.00 1.02 1 LS Site Clearing and Site Grading complete in place per plans and specs for Seventy-five hundred dollars and zero cents. $ 7,500.00 $ 7,500.00 00300-9-2015 Page 1 of 10 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 1.03 1 LS Stabilized Construction Entrance, Including Installation and Removal complete in place per plans and specs for three thousand dollars and zero cents. $ 3,000.00 $ 3,000.00 1.04 1 LS Temporary Concrete Wash Out complete in place per plans and specs for twenty-five hundred dollars and zero cents. $ 2,500.00 $ 2,500.00 1.05 1 LS Demolition and Haul Off complete in place per plans and specs for twenty-two thousand dollars and zero cents. $ 22,000.00 $ 22,000.00 1.06 575 LF Curb Inlet Protection complete in place per plans and specs for ten dollars and fifty cents. $ 10.50 $ 6,037.50 1.07 1 LS Existing Underground Electrical Relocation(Section 1 &2), Including All Associated Trenching, Conduit, Boxes and Wiring complete in place per plans and specs for fifty-three thousand fivehunsixty dollars and zero cents. $ 53.560.00 $ 53,560.00 00300-9-2015 Page 2 of 10 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 1.08 7,653 SF Clean and Power Wash Existing Concrete Flatwork(Hardscape Type 1) complete in place per plans and specs for zero dollars and twenty cents. $ 0.20 $ 1,530.60 1.09 6,060 SF Stain Existing Conctete Flatwork (Hardscape Type 2), Including Concrete Preparation and Sealer complete in place per plans and specs for three dollars and twenty-five cents. $ 3.25 $ 19,695.00 1.10 7,201 SF 4" Thick P.C. Stained Concrete Flatwork(Hardscape Type 3), Including Joint Fillet and All Associated Work complete in place per plans and specs for ten dollars and fifty cents. $ 10.50 $ 75,610.50 1.11 15.998 SF 4" Thick P.C. Stamped, Integral Colored Concrete Flatwork (Hardscape Type 4), Including Joint Filler and All Associated Work complete in place per plans and specs for fourteen dollars and twenty-five cents. $ 14.25 $ 227,971.50 00300-9-2015 Page 3 of 10 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 1.12 1 EA Decorative Kenney Fort Sign, Including All Associated materials,Appurtenances, Signage and Work complete in place per plans and specs for Sixty-nine thousand two hundred dollars and zero cents. $ 69,200.00 $ 69,200.00 1.13 4 EA Corten Panel Sign 1, Including All Associated Materials, Appurtenances, Signage and Work complete in place per plans and specs for eighty-two hundred thirty-five dollars and zero cents. $ 8,235.00 $ 32,940.00 1.14 1 EA Corten Panel Sign 2, Including All Associated Materials, Appurtenances, Signage and Work complete in place per plans and specs for eleven thou nine hund twenty dollars and zero cents. $ 11,920.00 $ 11,920.00 1.15 2 EA Road Bore,Including Alignment, Profile, Casing Pipe and All Associated Appurtenances and Work complete in place per plans and specs for ninety-six hundred fourty dollars and zero cents. $ 9,640.00 $ 19,280.00 00300-9-2015 Page 4 of 10 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 1.16 ? EA Water Service Connection, Including Water Main Tap, Meter, Backflow, Pressure Regulator, Isolation Valve and All Associated Appurtenances complete in place per plans and specs for eighteen thousand five hundred dollars and zero cents. $ 18,500.00 $ 37,000.00 1.17 1 LS New Site Irrigation System, Including All Trenching,4" Sleeving, Backfill, Wiring, Boxes, Fixtures, Backflow,PRV, Controllers, Valves, and All Other Appurtenances complete in place per plans and specs for fifty-seven thou eight hun thirty dollars and fourty cents. $ 57,830.40 $ 57,830.40 1.18 1 EA Installation of Landscape Bed Type 1, Including Landscape Bed Preparation, Soil, Planting, Staking,Mulching, Plant Material, Trees, and All Other Appurtenances complete in place per plans and specs for ten thousand six hundred four dollars and twenty-nine cents. $ 10,604.29 $ 10,604.29 1.20 1 EA Installation of Landscape Bed Type 2, Including Landscape Bed Preparation, Soil, Planting, Staking, Mulching, Plant Material, Trees, and All Other Appurtenances complete in place per plans and specs for tenthousandsevenhundredsixtyfou dollars 00300-9-2015 Page 5 of 10 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount and eighty-five cents. $ 10,764.85 $ 10.764.85 00300-9-2015 Page 6 of 10 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 1.21 6 EA Installation of Landscape Bed Type 3, Including Landscape Bed Preparation, Soil, Planting, Staking, Trees,Landscape Rock, Quarry Block and All Other Appurtenances complete in place per plans and specs for ninety-eight hundred twenty-five dollars and seventy-four cents. $ 9,825.74 $ 58.954.44 2 EA Installation of Landscape Bed Type 4, Including Landscape Bed Preparation, Soil, Planting, Staking, Mulching, Plant Material, Trees, and All Other Appurtenances complete in place per plans and specs for thrity-seven hundred fifty-nine dollars and thirty-eight cents. $ 3,759.38 $ 7.518.76 7 EA Installation of Landscape Bed Type 5, Including Landscape Bed Preparation, Soil, Planting, Staking, Trees,Landscape Rock and All Other Appurtenances complete in place per plans and specs for twenty-eight hundred seventy dollars and zero cents. $ 2.870.00 $ 20,090.00 1 . " 4 MO Traffic Control Measures complete in place per plans and specs for Twelve thousand five hundred dollars and zero cents. $ 12,500.00 $ 50,000.00 A.01 36 MO Landscape Maintenance complete in place per plans and specs for one thou eight hund seventy-five dollars 00300-9-2015 Page 7 of 10 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount and zero cents. $ 1,875.00 $ 67,500.00 00300-9-2015 Page 8 of 10 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 2.01 20 EA 6" Cal. Tree, Container Grown, Including Planting and Staking complete in place per plans and specs for sixty-four hundred twenty-eight dollars and twenty-two cents. $ 6,428.22 $ 128,564.40 2.02 14 EA 2" Cal. Tree, Container Grown, Including Planting and Staking complete in place per plans and specs for eleven hundred thirth-two dollars and fifty cents. $ 1,132.50 $ 15.855.00 2.03 26 EA Landscape Shrub, 3 Gal Including Planting complete in place per plans and specs for sixty-five dollars and zero cents. $ 65.00 $ 1,690.00 2.04 72 EA Landscape Shrub, 1 Gal Including Planting complete in place per plans and specs for thirty-five dollars and zero cents. $ 35.00 $ 2,520.00 2.05 1,715 SF 8" Bed Prep, including 5" Depth Prepared soil and 3" depth Hardwood Mulch as indicated complete in place per plans and specs for eight dollars and twenty-five cents. $ 8.25 $ 14,148.75 00300-9-2015 Page 9 of 10 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 2.06 144 LF Steel Edging, Finish: Black complete in place per plans and specs for thirty dollars and fifty cents. $ 30.50 $ 4,392.00 2.07 1 LS New Site Irrigation System, Including All Trenching,4" Sleeving,Backfill, Wiring,Boxes, Fixtures, Backflow, PRV, Controllers, Valves, and All Other Appurtenances complete in place per plans and specs for ninety-one hundred seventy-seven dollars and zero cents. $ 9.177.60 $ 9,177.60 00300-9-2015 Page 10 of 10 Bid Form TOTAL BASE BID: Kenney Fort(Items 1.01 thru 1.24 ) $ 850,507.84 TOTAL ADD ALTERNATE BID: Kenney Fort(Items A.01 thru A.01 ) $ 67,500.00 TOTAL BASE BID: Oakmont Dr. (Items 2.01 thru 2.07 ) $ 176,347.75 Materials: $ 437,742.20 All Other Charges: S 656,613.30 * Total: S 1,094,355.50 * Note: This total must be the same amount as shown above for "Total Base Bid & Add Alternates" If this bid is accepted, the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. Respectfully Submitted, PO Box 92583 Signatur Scott Haw ins Austin, Texas 78709 Print Name Address VP Estimating 512-382-0008 Title Telephone DigDug Construction Name of Firm 8.1.23 Date Secretary, if Bidder is a Corporation 00200-9-2015 Page 1 of 1 Bid Form 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. If necessary, questions may be answered on separate attached sheets. Company Name: Digllug Construction LLC Address: PO Box 92583, Austin,TX 78709 Phone: 512-382-0008 Completed by: Kristina Harrison Date: 8/1/2023 1. Does the company have a written construction Safety program? ❑i Yes ❑No 2. Does the company conduct construction safety inspections? E]Yes ❑No 3. Does the company have an active construction safety-training program? ❑✓Yes ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past []Yes No three years? 5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, ElYes ❑No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding ❑Yes ❑No H N/A B. Excavation Yes []No [3 N/A C. Cranes ❑Yes []No R]N/A D. Electrical ❑Yes []No E)N/A E. Fall Protection ❑Yes []No 0 N/A F. Confined Spaces []Yes ❑No [D N/A I hereby certify that the above information is true and correct. Signature Kri sfu Nam so„. Title Managing Member Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 OSHA's Form 30OA (Rev.01/2004) Year 01 Summary of Work-Related Injuries and Illnesses U.S.Department of Labor 0—I I Safety and Haahh Admintatratlon no 12'8.0178 Al!astab!lshmeMs covered by Part 7904 must complete tMs Summory pogo,even!Ino Injuries or Form Mor—d OMB Nnesses occurred dung the year Remember to review the Log to vont'that the entnes are complete Using the Log,count the inei dual entries you made fereach category. Then write the totals below, Establishment information making sure you%*added me entries from every page of the log. K you had no cases write T. Employees former employees,and their representatives have the nght to review the OSHA Form 30C in "ou,establishment name Dig Dug Construction LLC its entirety. They also have limited access to the OSHA Form 301 arks equivalent. See 29 CFR 1904.35,in OSHA's Recordirevping rule,forWherdetails on the access provisions for these forms. Street PO Box 92583 Number of Cash City Austin state T% Zip 7870E industry description(e.g.,Manufacture of motor truck Mal Total number of Total number of Total number of cases Total number of Construction deaths cases with days with job transfer or other recordable away from work restriction cases standard Industrial Classification(SIC),If known(e.g,SIC 3715) 0 0 0 0 (G) (H) (1) (J) OR No-th AmeFran Industrial Classification(NAILS),If known(e.g.,338212) Number of Days Employment Information ` Taal number of Total number of days of days away from job transfer or restriction Annual averago number of employees 17 1.rnrlr -otahours worked by a'I employees last 0 0 year 37942.5 (K) (L) !Injury and Illness Types Shp here Total number of... Knowingly falsifying this document may result In a flno. M (1) Injury 0 (4) Poisoning 0 (3) Skin Disorder 0 (5) Hearing Loss 0 I certify that I have exam nod this document and that to the best of m knowledge the entries are true,accurate,and (3) Respi'atory y y 9 Condition 0 (6)All Other Illnesses 0 complete. �c uompany executive title 'Sl2.3� 2,00cD t ( 12. 23 Post this Summary page from February 1 to April 30 of the year following the year covered by the form Phone Date Public reporting burdon kr thra wI1act!en cf Inrorrretbr Is estimated to avorage 58 n*ulos per response,InohrdYp dmo to revlox the tisirudon,aoaroh and p9w ho tlata needec and=wco and rovim the coteoron of lnsormahn.Pormna are not roqutad to row pM to ale co:l�!!dn o'tnlcrmakon un�ess M deplayaatuntxmy valid OMBca9rd rumiler.Ifyouhavoanyeanrr,..,,. tb Athese eel'.mO er myaspadsdkaada;a collie,^'or.ccrtael 115 Ceparlrtx)r•.; of Labor.OSHA D1rpe of StaWics.Roam N3E44.20ii ConsUlurcn Avo.tial,'Nashinolon.0C 21;210.Do not send the comoleled!arms to this o*ko. OSHA's Form 300A (Rev.01/2004) Year 4>>Summary of Work-Related Injuries and Illnesses U.S.Department of Labor _ „y.Y4 eervpnbnxl dietary me NwaF Adnvrl.rr.tlm ANsnnbRu""m eovsrao DYPart 1904 mualcomprelo Ne summary Pepe,—I Oft.110mar*l ses Perm mprweaoM6 m.�_recr;c 4aaNe"duma dile ye4r,RamemaM ro romw tin Lop to roroy Mal IM snrrM aro compkty en0 xcuroto Wing(he Lop,crourif flat inaMdue"nea you made for each cahI Then wrilanMlOteh"law,mWM Establishment Information sure pale 4ddod IM vrrwa from.vary page of IM.bp p you had no oo.ea write"0" Emp"s f0llrfdr ampo.""erne thiermpres,—wnms nave the nVN to le—it.OSHA Form 300 n Na Your eftablishmenl name n,rnru Canunrcdon LLC antaefy. They aha hatro irvted"On'" fo tha OSHA Form-3010193 esquwabrN, See 29 CFA 1904.96,,n OSHA-,R.,..r,atp nos,Mhofhvr oolark an the.aceta arosFvena for lhvaa tonna Street PO sox 92563 Humber of Cases Clty Austin state Texas Zp Industry description Ia y,Nlanufxture erector crud.trsaen) Total riUM r of Total number of Total number of cases Total number of Consnuttfon tleaNs eases with days with job transfer o, other recordable I away from work restriction Cases Standam In Marl Clafflcrtien(Sic'),N known(a,it.,SIO 3715) 0 0 0 0 n10(G) (H) J) OR NorthA_.rnll04Y71sn(NAIf known;e a.,336212) �Number otDays — — —— — — Employmont Information Total number Of Total number of days of ( ^ days away from yob transfer or restriction Annual average nunher of employees �J Total hours worked Gy allvmployea5lfu j� 0 0 yar 1� V IN) a Ih)ury and illness Type Sign Here Toted nulr bier Of. Nnoainglyfal.lfying this deoumont may rai In o fine. (M) (1) Ilaury 0 (k) Polsoning 0 (2) Skn Clsoroer 0 (S) Hearing Loss 0 (3) Respiratory I mgfty that I have examined this docu—tans thal to the best of my Imawledse the entries are true,accumt0,and Condition 0 (6)All Other Illnesses 0 consp ate. adec F i Post this Summary page from February 1 to April 60 of the year following the year covered by tin form phone N h Data 4�ale ropanyq 4wGn kr Nda evUadlan e1 m!ametbn b oaamatad a aYore�55 earMaa per roapons4.bcudn0 Umo Ie rule.Nw Naevcnon eevcn and genor Via aela needed.4 eonlp.Ws and rovktn•the.0111—d Ir4meelan.Ponos are nal e 'a fe required b me collecden er Womrakr,arleaa 0 oaphya a comely 6401 OMB-90 rumba,N you.wa rey cmvnenb aead!xew ea�imaMe w rrr elpeoY d YNa am cdlac0on,coned Us Oeportnind a Lotm,OSPA ofroa a,SIMtka,Room NJOM,200 Conslll1e,Ave.NW Waehlnpart 00 20210.DOW win the oirrPI d kine.1.tNa aiI OSHA's Form 300A(Rev.0112004) Year .``� � Summary of Work-Related Injuries and Illnesses U.S.Department otL,odr ear.r•aar a.r.r.nat!e.nn oa�i,u.,..n�, Aa eerabdN!vrnMra aoverod by Part 7904 mud corwkdo dn,9urnnwvypyq ays/ro INMa OI�MtYaa aeawrad durho file year.Ro—bur to rawm gra Log to tarty OW Me ar-in am aaaptes,atW Gab/a1, Umq the Lag.coww ma elmvX"wunes na rata,kv ash cabstory.Than wb the of"Ot I me" Establlahmam information —a M,W oddod Um w .fn o.,,,v Ir••n,or eto ata ayptr had no c•rsaa wsU Y7.• EeVMYta krmr"tr Mybyw.,and drat repgm W&l how r9M 1p rwAM#A 0"Femt 700 h 11 yourea,bl'ahmad ntma aebuk Ctxwrucdw LLC parlay They aao/mv0 k and aCGNa k!M OSH4 F-n 701 w ra opWveant.SN 29 CFR+gar 75.h OSHA!Roowdxaapvr9 vet,fw kffft,�6aa4 on IN acmes pmve,me krlheaa forme. Street Po eta 92593 NYaflbley O(dp,Of City Auatln State raga a9 78709 Industrydcscrptlan 4,Manutnaure of mat truck lrallart) Total number of Total number of Total number of cases To-,o number of r;antVURbn deaths cases with days with job transfer or ctha rocomBW4 away from work restr cion Wee9 Standard lnd..W tO.WrIbadan lSll3,d Frown 1.4,SIC 7715) D 0 0 0 (G) (H) (I) 3) IOR nano,Z onl7watAsl ClaWhmd9n JWJM,H kntwa la,9,SS621A N maba/of Days Employment information TOlel number of Total number of of days of days sway from job transfer or restriction Aooual wwass:n—b"of employees 23 0 0 Total t—worked by A e,n�l,,—last year 22506 tKl Mf ury and[Mm Two$ Sign hero Total number of,.. 0-1ri0ly falsllylM this documer9 may-ft In a fl w fTl INury o (a)Pehwrtkro o (2)Skin Disorder �� (S)Hearne L- 0 (3)Respiratory eermv arut!have eKamMd tlrn document and t+ac to tar bcu of my knew.adke ehe merles re true,acdratc,and Condltlon 0 (6)All Other lllrelr"s 0 W _ Carapary expo `�' , StZw �6Z . 1�s It( Post this Summary page from February 7 to April 30 of the year fogowlrp tho year covered by the form Pham Otto nKac r,a.n-9wmna,r er rmapnaaatlralrak.�.eWaawaaaa6e naxea as rwrm.t,hamin tae c rav na R.Kbn wacn ant 9dar as,kW n..k•I.ed taApN..w,..-treaU rMm.k,aa P.xa fNrd roatYal b Raoard b M MGadon a V'brTaam lrJtaa a dWara a ar.ay aatsle araaaaa rwtaa.wor mww,maaoawaa.waan.apaaaawra.uaoaeeao oaa.a V9bewamaaaladw,oaln tlhad BWalri Beam NJ}ta200 CoteManAa.ti W,wru.rpu,.fx SVrla.D.na.a!dee oomplaad bi,inebtla olbe 00500 AGREEMENT Citv 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 '--- ( )day of in the year 2023. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor DigDug Construction,LLC ("Contractor") PO Box 92583 Austin,TX 78709 The Project is described as: Kenney Fort,Joe Dimaggio and Brushy Creek Landscape Enhancements The Engineer is: Jonathan Wagner,RLA Studio 16:19,llc 305 W.Liberty Ave.,Suite 100 Round Rock,TX 78665 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 execuie 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 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 Ten1( 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 Ninety —( 90 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than Ninety 90 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of Five Hundred and No/100 Dollars($ 500.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the 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 One Hundred and Twenty 1( 20 )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 One million,ninety-four thousand three hundred fiftv-five dollars and fifty cents ($ 1,094,355.50 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No . Yes X .If yes,please provide details below: $67,500.00-landscape maintenance 00500 42020 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 Su plementa ,Special,and other Conditions of the Contract are those contained in the Project Manual dated JUSP 7. 203 7.1.4 The Specifications are those contained in the Project Manual dated July 7 2023 7.1.5 The Drawings,if any,are those contained in the Project Manual dated July 7 2023 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated July 7. 2023 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated_ July 7. 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: N/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: Greg Ciaccio City of Round Rock 3400 Sunrise Road Round Rock,TX 78665 8.3 Contractor's representative is: Scott Hawkins PO Box 92583 Austin,TX 78709 512.382.0008 shawkins(a,digdugcontruction.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 C NTR CTOR / CITY RO RO TEXAS /� /1M Printed N e�A �7 Printed Name: / O Title 1 `9 YM 2 Title: Date Signed: 3 Date Signed: AT EST: City Clerk FOR CITY,APPROVED AS TO FORM: City omey / 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 00600 INSURANCE AND CONSTRUCTION BOND FORMS PERFORMANCE BOND Bond#: 100161883 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That DigDug Construction,LLC , of the City of Austin , County of Travis , and State of Texas , as Principal, and Merchants National Bonding,Inc. 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 One million ninety-four thousand three hundred fifty-five and fifty cents Dollars ($ 1,094,355.50 ) 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 ,2023 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: Kenney Fort, Joe Dimaggio and Brushy Creek Landscape Enhancements 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 $1,094,355.50 sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WH REOF, the said Principal and Sur ty ave signed and sealed this instrument this A day of , 2023 . DigDug Construction, LLC Merchants National Bonding, Inc. Principal Surety /,l rr,. April M. Terbay Printed Name Printed Name By: B . Title: ` Tid At om -In-Pact _ Address: 0• Address: PO Box 14498 _ LY, Des Moines, Iowa 50306 Resident Agent of Surety: April M. Terbay Printed Name 3834 Spicewood Springs Rd# 100 Street Address Austin, Tx 78759 City, State &Zip Code Page 2 00610 4-2020 Performance Bond 00443639 PAYMENT BOND Bond#i 100161883 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That DigDug Construction, LLC , of the City of Austin , County of Travis , and State of Texas , as Principal, and Merchants National Bonding, Inc. authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of One million ninety-four thousand three hundred fifty-five and fifty cents Dollars($ 1,094,355.50 )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 , 2023 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: Kenney Fort, Joe Dimaggio and Brushy Creek Landscape Enhancements 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 Payment 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 day of 2023 . Tr—�- DiRDug Construction, LLC Merchants National Bonding, Inc. Principa Surety w April M. Terbay Printetf K, me Printed N e By: By: Title: Title. tto -In-Fact Address: ( Address: PO Box 14498 Des Moines, Iowa 50306 Resid-ent Agent of Surety: 5�� M��' April M. Terbay Printed Name 3834 Spicewood Springs Rd STE 100 Street Address Austin, Tx 78759 City, State &Zip Code Page 2 006201-2020 Payment Bond 00090656 MERCHANTS BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Andy Webb,April M Terbay;James F Siddons;Jeff Husk, Patrick L Watkins;Sheila Pennington Noxon their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) 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. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc.,on October 16,2015. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 22nd day of May 2023 .. .••... ..,••. .••"'••. MERCHANTS BONDING COMPANY(MUTUAL) `�••�Pt,PO A�•�' :pNP CO�A�• MERCHANTS NATIONAL BONDING,INC. shy DEI /P �0�1 Ogq;9y�; d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY v 2003 33 c: By J� • ; �~• '•a :i��`�' •••b�!(r'"' .•`,�� STATE OF IOWA President •. 1"f .• COUNTY OF DALLAS ss. •••"""'•�• •• • On this 22nd day of May 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �p�ut s Kim Lee o > Commission Number 702737 z ^'; 7 filly Commission Expfes April 14,2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,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 and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of 2023 �....... 4j; •Z; •c; 4�; _ 2003 �Z; =a'. 1933 :c• Secretary POA 0018 (10/22) MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY(MUTUAL) - MERCHANTS NATIONAL BONDING, INC. P.O. BOX 14498 - DES MOINES, IOWA 50306-3498 , (800)678-8171 • (S15)243-3854 FAX Please send all notices of claim on this bond to: Merchants Bonding Company (Mutual)/Merchants National Bonding, Inc. P.O. Box 14498 Des Moines, Iowa 50306-3498 (515)243-8171 (800) 678-8171 Physical Address: 6700 Westown Parkway, West Des Moines, Iowa 50266 SUP 0073 TX (2/15) DATE(MM/DD/YYYY) ACOR,D® CERTIFICATE OF LIABILITY INSURANCE 9/21/2023 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 CONTACT NAME: Dulce Strange Watkins Insurance Group-Austin PHONEFAx 3834 Spicewood Springs Rd, 100 , 512-637-4292 AfC No):512452-0999 Austin TX 78759 AnnREss: dstrange@watkinsinsurancegroup.com INSURERS AFFORDING COVERAGE NAIC# _ INSURER A:Monroe Guaranty Insurance Company 32506 INSURED DIGDU-1 INSURER B:Texas Mutual Insurance Company 22945 DigDug Construction, LLC PO Box 92583 INSURER C:FCCI Insurance Company 10178 Austin TX 78709 INSURER D:FCCI Insurance Group 10178 INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:775586499 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 SUBR POLICY EFF POLICY EXP LTR POLICY NUMBER MM DDfYYYY MM/DD/YYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CPP100044973-04 5/1/2023 5/1/2024 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED CLAIMS-MADE LKI OCCUR PREMISES Ea occurrence) $1,000,000 X 1,000 DED MED EXP(Any one person) $5,000 X Contractual Liab PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY F JEC7 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ C AUTOMOBILE LIABILITY CA100044975-04 5/1/2023 5/1/2024 COMBINED SINGLE LIMIT $1,000,000 Ea accident IX ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident D X UMBRELLA LIAB X OCCUR UMB100044983-04 5/1/2023 5/1/2024 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED I X I RETENTION$In nnn $ B WORKERS COMPENSATION 0001301314 2/12/2023 2/12/2024 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Equipment Floater CPP100044973-04 5/1/2023 5/1/2024 Total Scheduled/Ded 500,182/1,000 Leased/Rented Eqpt 100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) Work Comp Excluded: Kristina Harrison,Member The City of Round Rock is additional insured on the general liability and auto liability policies where required by written contract.30 day notice of cancellation endorsement applies when required by written contract. 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 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Policy Number: CAI 00044975-04 AUTO FIRST CHOICE COVERAGE ENDORSEMENT TABLE OF CONTENTS DESCRIPTION PAGE AirbagCoverage........................................................................................................................................................3 AutoLoan/Lease Gap Coverage...............................................................................................................................3 BroadForm Insured...................................................................................................................................................1 Concealment, Misrepresentation or Fraud................................................................................................................4 Deductible..................................................................................................................................................................3 Duties in the Event of Accident, Claim, Suit or Loss.................................................................................................4 FellowEmployee.......................................................................................................................................................2 FireDepartment Service Charge...............................................................................................................................2 Other Insurance for Hired Auto Physical Damage Coverage...................................................................................4 Lossof Earnings........................................................................................................................................................2 Lossof Use Expenses...............................................................................................................................................2 SupplementaryPayments.........................................................................................................................................2 Transfer of Rights of Recovery against Others to Us ...............................................................................................4 TransportationExpenses ..........................................................................................................................................2 Insured Copy COMMERCIAL AUTO CAU 058 (10 22) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s)to the Business Auto Coverage Form. With respect to coverages provided by this endorsement,the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II—COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1.Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the effective date of this coverage form. However, "insured"does not include any subsidiary that is an"insured" under any other liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e. Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) Does not apply if the organization you acquire or form is an "insured" under another liability policy or would be an "insured" under such a policy but for its termination or the exhaustion of its limits of insurance; (2) Does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the "bodily injury" or"property damage" occurs and that is in effect during the policy period, to be named as an additional insured is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured"under the Who Is An Insured provision contained in Section II. g. Any"employee"of yours using: (1) a covered "auto" you do not own, hire or borrow, or a covered "auto" not owned by an "employee" or a member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. However, your"employee" does not qualify as an insured under this paragraph (2) while using a covered "auto" rented from you or from any member of the "employee's" household h. Your members, if you are a limited liability company, while using a covered "auto" you do not own, hire or borrow, while performing duties related to the conduct of your business or your personal affairs. CAU 058(10 22) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 4 Copyright 2021 FCCI Insurance Group Insured Copy COMMERCIAL AUTO CAU 058 (10 22) B. Paragraphs(2)and(4)under section 2.Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an "accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" solely at our request, including actual loss of earnings up to$500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee "Bodily injury" to: a. Any fellow "employee" of the "insured" arising out of and in the course of a fellow "employee's" employment or while performing duties related to the conduct of your business. However,this exclusion does not apply to your "employees" that are officers or managers if the "bodily injury" results from the use of a covered "auto" you own, hire or borrow. Coverage is excess over any other collectible insurance; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. SECTION III— PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to$50 per day to a total maximum of$1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the policy's expiration.when the covered"auto" is returned to use or we pay for its"loss". b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of$1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to save or protect a covered "auto", its equipment, its contents, or occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. CAU 058(10 22) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 4 Copyright 2021 FCCI Insurance Group Insured Copy COMMERCIAL AUTO CAU 058(10 22) d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) If a long term leased "auto', under an original lease agreement, is a covered "auto" under this coverage form and the lessor of the covered "auto' is named as an additional insured under this policy, in the event of a total loss to the leased covered"auto", we will pay any unpaid amount due on the lease,less the amount paid under the Physical Damage Coverage Section of the policy;and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from overdue payments at the time of the"loss"; (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) If an owned "auto' is a covered "auto' under this coverage form and the loss payee of the covered "auto"is named a loss payee under this policy, in the event of a total loss to the covered"auto',we will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) Overdue loan payments at the time of the"loss"; (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3. We will not pay for"loss"due and confined to: a. Wear and tear,freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss"resulting from the total theft of a covered "auto'. However,this exclusion does not include the discharge of an airbag in a covered"auto"you own that inflates due to a cause other than a cause of"loss"set forth in Paragraphs A.1.1b and A.1.c.but only: a. If that"auto" is a covered "auto"for Comprehensive Coverage under this policy; b. The airbags are not covered under any warranty; and c. The airbags were not intentionally inflated We will pay up to a maximum of$1,000 for any one"loss". D. Section D. Deductible is deleted and replaced by the following: D. Deductible For each covered "auto", our obligation to pay for, repair, return or replace damaged or stolen property will be reduced by the applicable deductible shown in the Declarations prior to the application of the Limit of Insurance provided that: 1. The Comprehensive or Specified Causes of Loss Coverage deductible applies only to "loss" caused by: a. Theft or mischief or vandalism; or b. All perils. CAU 058(10 22) Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 3 of 4 Copyright 2021 FCCI Insurance Group Insured Copy COMMERCIAL AUTO CAU 058(10 22) 2. Regardless of the number of covered "autos" damaged or stolen, the maximum deductible applicable for all "loss"in any one event caused by: a. Theft or mischief or vandalism; or b. All perils; will be equal to five times the highest deductible applicable to any one covered "auto"on the Policy for Comprehensive or Specified Causes of Loss Coverage. The application of the highest deductible used to calculate the maximum deductible will be made regardless of which covered "autos"were damaged or stolen in the"loss". 3. Any Comprehensive Coverage deductible shown in the Declarations does not apply to: a. "Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. b. Glass damage if repaired rather than replaced. SECTION IV—BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a.under section A.Loss Conditions,2.Duties in the Event of Accident, Claim, Suit or Loss: This duty applies when the"accident", claim, "suit"or"loss" is first known to: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another,those rights are transferred to us. That person or organization must do everything necessary to secure our rights and must do nothing after"accident" or"loss"to impair them. However, if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order,subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure.This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. For Hired Auto Physical Damage Coverage,the following are deemed to be covered "autos"you own; (1) Any covered"auto"you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", nor is any "auto" you hire from any of your "employees", partners (if you are a partnership), members(if you are a limited liability company), or members of their households. CAU 058(10 22) Includes copyrighted material of the Insurance Services Office,Inc.,with its permission. Page 4 of 4 Copyright 2021 FCCI Insurance Group Insured Copy POLICY NUMBER: CPP100044973-04 COMMERCIAL GENERAL LIABILITY CGL 121 (02 21) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS (TEXAS LIMITED SOLE NEGLIGENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE OPTIONAL Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (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 include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. Such person(s) or organization(s) is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury"occurring after the execution of the contract or agreement described in Paragraph 1. above and caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured; or c. "Your work" performed for the additional insured and included in the "products-completed operations hazard" if such coverage is specifically required in the written contract or agreement. With respect to liability of the additional insured for"bodily injury" of an employee or agent of a named insured or the employee of a named insured's subcontractor, coverage shall apply for the partial or sole negligence of the additional insured, but only if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright 2020 FCCI Insurance Group. Insured Copy POLICY NUMBER: CPP 10 0 0 4 4 9 7 3—0 4 COMMERCIAL GENERAL LIABILITY CGL 121 (02 21) c. Will not be broader than that which is afforded to you under this policy; and d. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to"bodily injury", "property damage"or "personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an "occurrence"or an offense which may result in a claim or"suit" under this insurance, and of any claim or"suit'that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit", cooperate with us in the investigation or settlement of the claim or defense against the"suit', and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or"suit'to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However,this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit'. F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 2 Copyright 2020 FCCI Insurance Group. Insured Copy IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement. IL 060(07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 Insured Copy Texasmutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 2/12/23 at 12:01 a.m.standard time,forms a part of: Policy no.0001301314 of Texas Mutual Insurance Company effective on 2/12/23 Issued to: DIG DUG CONSTRUCTION LLC /] ,/J n This is not a bill ��, Authorized representative NCCI Carrier Code: 29939 2/2!23 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 42 06 01