The URL can be used to link to this page

Contract - TanksCo Inc. - 11/16/2023 CITY OF ROUND ROCK UTILITIES AND ENVIRONMENTAL SERVICES ROUND ROCK TEXA5 Project Manual For: BARTON HILL COMPOSITE ELEVATED TANK AND MCNEIL GROUND STORAGE TANK RECOATING JULY 2023 r O •�P.E F T F;I,4 gr•' '•. *1�� Prepared By: 09 * : * : * City of Round Rock CHRISTOPHER PERKINS / Utilities and Environmental Services ��•�� • � �� •�� 3400 Sunrise Road 108818 V .•' t1�,'i Round Rock TX 78665 Oki IONAL APPROVED BY TBPE Firm Registration No C I_ _ ATTOfl EY i 00200 BID BOND *wAIA Document A31 0TM — 2010 Bid Bond CONTRACTOR: SURETY: (Name, legal status and address) (Name, legal.status and principal place TanksCo Inc. gfbusiness) 1516 Royster Rd Hudson Insurance Group This document has Important legal Fort Worth,TX 76134 100 William Street,5th Floor New York,NY 10038 consequences.Consultation with an attorney is encouraged with OWNER: respect its completion or modificatti (Name, legal status and address) on. Bolivar Peninsula Special Utility District 1840 SH-87 Any singular reference to Contractor,Surely,Owner or Crystal Beach,TX 77650 BOND AMOUNT: Five(5)Percent of the Amount Bid other party shall be considered plural where applicable. PROJECT: (Name, location or address, and Project number, if any) 500,000MG CET Rehabilitation Port Bolivar,TX The Contractor and Surety are bound to the Owner in the amount set forth above,for the payment of which the Contractor and Surety bind themselves,their heirs,executors,administrators,successors and assigns,jointly and severally,as provided herein.The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents,or within such time period as may be agreed to by the Owner and Contractor,and the Contractor either(1)enters into a contract with the Owner in accordance with the terms of such bid,and gives such bond or bonds as may be specified in the bidding or Contract Documents,with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner,for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof-,or(2)pays to the Owner the difference,not to exceed the amount of this Bond,between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect.The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid.Waiver of notice by the Surety shall not apply to any extension exceeding sixty(60)days in the aggregate beyond the time for acceptance of bids specified in the bid documents,and the Owner and Contractor shall obtain the Surety's consent for an extension beyond sixty(60)days. If this Bond is issued in connection with a subcontractor's bid to a Contractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Signed and sealed this 26th day of September, 2023 _ TanksCo Inc. (Principal) — (Seal) (Witness) - ----- _-. PreGltiPrnt (Title) Iiudson Insurance Group (Surety) (Seat) (Witness) _ _ �. d �(._. (T111e) Jason D.Smith,Attorney-in-Fact CAUTION:You should sign an original AIA Contract Document,on which this text appears In RED.An orlginal assures that changes will not be obscured. _ AIA Document A3101"-2010.Copyright 0 1963,1970 and 2010 by The American Institute of Architects.All rights reserved.WARNING:This AIA° Init. Document Is protected by U.S.Copyright Law and International Treaties.Unauthorized reproduction or distribution of this AIA Document,or any ponlon of It,may result in severe civil and criminal penalties,and will be prosecuted to the maximum extent possible under the law. f Purchasers are permi0ed to reproduce ten(10)copies of this document when completed.To report copyright violations of AIA Contract Documents,e•ma i The American institute of Archllecls'legal counsel,copyrighl@ala.org. 06,110 HUDSON INSURANCE.GRc)UP BID BOND POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Robert Kollsmith,Lukas Schroder,James M.Smith,Samantha Boddicker,Jason D.Smith,Kurt Feller of the State of Iowa its true and lawful Attomey(s)-in-Fact,at New York City in the State of New York,each of them alone to have full power to act without the other or others,to make,execute and deliver on its behalf,as Surety,bid bonds for any and all purposes. Such bid bonds,when duly executed by said Attomey(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly authorized,on this 7th day of March 20 23 at New York,New York. HUDSON INSURANCE COMPANY 1 4Attest. .eh�—. . .. .1 l'C By `% l Dina Daskalakis,Corporate Secretary Michael P.Cifone,Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK SS On the 7th day of March •20 2_before me personally came Michael P Cifone to me known,who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the Company described herein and which executed the above instrument, that he knows the seal of said Company,that the seal affixed to said instrument is the corporate seal of said Canpa ty,that it was so affixed by order of the Board of Directors of said Company,and that he signed his name thereto by like order. )COr ANN M.MURPHY (Notarial Seal) Notary Public,State of New Yoik No.01MU6067553 tQualified in Nassau County Commission Expires December 10,2025 CERTIFICATION STATE OF NEW YORK COUNTY OF NEW YORK SS. The undersigned Dina Daskelakis hereby certifies: THAT the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of Hudson insurance Company dated July 27",2007,and has not since been revoked,amended or modified: "RESOLVED, that the President, the Executive Vice Presidents, the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion,to appoint such agent or agents,or attorney or attomeys-in-fact,for the purpose of carrying on this Company's surety business,and to empower such agent or agents,or attorney or attomeys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognizances, whether wade by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertaking made in the course of this Company's surety business, and renewals, extensions, agreements, waivers, consents or stipulations regarding undertakings so made;and FURTHER RESOLLED,that the signature of any such Officer of the Company and the Company'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 seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. Witness the hand of the undersigned and the seal of said Company this OX4ii^_day o 24— Dina Daskalakis,Corporate Secretary 00300 PROPOSAL FORM SECTION III BIDDER'S PROPOSAL Date 09/27/2023 Proposal of TanksCo.INC a corporation organized and existing under laws of the State of Texas a partnership consisting of n10 an individual trading as Na To: Bolivar Peninsula SUD 1840 SH-87 Crystal Beach, Texas 77650 Dear Sir: Pursuant to the forgoing Notice to Bidders,the undersigned bidder hereby proposes to do all the work and furnish all necessary superintendence, labor,machinery,equipment,tools and materials,and whatever else may be necessary to complete all the work upon which he bids, as provided by the attached specifications and shown on the plans, and binds himself on acceptance of this proposal to execute a contract and bond, according to the accompanying forms, for performing and completing the said work within the time stated and maintaining same as required by the detailed specifications for the following prices to wit: SECTION III Page 1 of 3 BASE BID ITEMS Item Estimated Description and Price in Words Total Price No. Quantity 1. Lump Sum Furnish material and labor to replace the interior coating $ 165,000.00 system of the 500,000-gallon elevated storage tank, per the Technical Specifications: $one hundred sixty-five thousand dollars and zero cents 2. Lump Sum Furnish material and labor to replace the exterior coating $ 145,000.00 system of the 500,000-gallon elevated storage tank, per the Technical Specifications: fne hundred forty-five thousand zero dollars and cents 3. Lump Sum Furnish material and labor to perform the repair items of $ 70,600.00 the 500,000-gallon elevated storage tank, per the Technical Specifications: $ seventy thousand six hundred dollars and Zero cents 380,600.00 BASE BID ITEMS Base Bid - total of Items 1,2, & 3 above: $380,600 dollars and 00 cents Alternate Bid Item #1 Lump Sum Provide approved alternate coating system in lieu of the specified coating system for An additional $ 0.00 Or deduction of$ 0.00 From the base bid. Additive Bid Item #1 Each Furnish material and labor to perform pit and prior corrosion repair, per the Technical Specifications: $ 3,500.00 dollars and oo cents SECTION III Page 2 of 3 The undersigned bidder agrees to commence work within ten (10) days after the date of written notice to commence work. The work will be substantially completed in one hundred twenty (120) calendar days subject to the extensions of time as are provided by the General Conditions of the Contract. Owner and Contractor recognize that time is of the essence and that Owner will suffer financial loss if the work contemplated in this Project is not completed within the time specified plus any extensions allowed in change orders granted pursuant to the General Conditions. Owner and Contractor recognize the delays, expenses and difficulties involved in proving the actual loss suffered by Owner if the work to be completed in the Project is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner Two Hundred Fifty Dollars ($250.00) per calendar day for each day that expires after the time specified herein for completion of the work. Enclosed with this proposal is a cashier's or certified check for: ($) Dollars, or a bid bond in the sum of: 5% of the amount bid ($)$19,030 Dollars, which it is agreed shall be collected and retained by the Owner as liquidated damages in the event this proposal is accepted by the Owner within thirty(30)days after the date advertised for the reception of bids and the undersigned fails to execute the contract and the required bond with the Owner,under the conditions hereof, within fifteen (15)days after the said proposal is accepted, otherwise, said check or bond shall be returned to the undersigned upon demand. The undersigned hereby declares that he has visited the site and has carefully examined the contract documents relative to the work covered by the above bid. Respectfully submitted, Bidder: TanksCo,INC Signed: Title: President Address: 328 County Road 3418 Bridgeport,TX 76426 Seal- if bidder is a corporation SECTION III Page 3 of 3 Request for Competitive Sei..%;d Proposals for Construction Services PROPOSAL FORM PROJECT NAME: BARTON HILL COMPOSITE ELEVTAED TANK AND MCNEIL GROUND STORAGE TANK RECOATING PROJECT LOCATION: Round Rock,Texas PROJECT OWNER: City of Round Rock, Texas DATE: 07/31/2023 PROPOSER: Firm Name: TanksCo, INC Principal Office Address: 1516 Royster Rd Telephone Number: 940-210-8914 Facsimile Number: n/a Primary Contact Name: Maria Bocanegra Primary Contact Title: Project Manager ADDENDA ACKNOWLEDGMENT: The undersigned Proposer acknowledges receipt of the following addenda: July 27th, 2023 Jul 27th, 2023 Addendum No. 1 dated Date Received y Addendum No. 2 dated Date Received Addendum No. 3 dated Date Received Addendum No. 4 dated Date Received NO MODIFICATIONS,ADDITIONS,DELETIONS OR ATTACHMENTS SHALL BE MADE TO THIS PROPOSAL FORM. IN SUBMITTING THIS PROPOSAL, THE PROPOSER REPRESENTS THAT ALL LABOR, MATERIALS EQUIPMENT AND SERVICES ASSOCIATED WITH THE WORK, AS WELL AS THE TERMS AND CONDITIONS OF THE PROPOSED CONTRACT, SHALL BE IN STRICT CONFORMANCE WITH THE CONTRACT DOCUMENTS ON WHICH THIS PROPOSAL IS BASED. CONTRACTOR PROPOSES: In response to the Request for Competitive Sealed Proposals for Construction Services for the execution of the work described by the contract documents for the above-described project, and having examined the site where the work is to be performed,and being familiar with local conditions as they might in any way affect the cost and/or time for execution of the work, and having carefully examined all of the contract documents and addenda thereto, the undersigned Proposer agrees to perform all of the work, to provide all services,to furnish all necessary superintendence,tabor,machinery,equipment,tools,materials, insurance and miscellaneous items, including transportation and other facilities as may be required for the complete and satisfactory and timely execution of the work for which this proposal is submitted,as provided by the attached supplemental specifications and as shown on the plans for the construction of the project, all for the lump-sum consideration stated as follows: The award of the contract will be based on the Proposer offering the best value, and not necessarily to the Proposer offering the lowest price. A Proposal will be evaluated based on the criteria set forth in Section 00100—Instructions to Proposers. Itemized Bid Form at the end of Section 300 to be filled out and included with the proposal. TOTAL PROPOSED CONTRACT SUM: LL Sevoh h%JV) d gIkh-OAE 604WDollars($ '�-(�1 , 100 . 00 ) VOLUNTARY ALTERNATE SUM: (Attach description on separate sheet if needed) NIA Dollars ($ N l4*- The undersigned Proposer agrees to commence work within ten (10)days after the date of written "Notice to Proceed." The undersigned Proposer further agrees to complete the work to substantial completion within 150 calendar days and in full within 160 calendar days after the date of the written "Notice to Proceed," subject to any extensions of time allowed by the contract documents, and in phases as indicated on the drawings. The undersigned Proposer and the Owner agree that for each and every calendar day on which the work, or any portion thereof, remains incomplete after the stated calendar-day period, the Proposer shall pay the amount of One Thousand Dollars($1,000)per calendar day as liquidated damages, not as a penalty but for delay damages to the Owner. Such amount shall be deducted by the Owner from any payment due to the Proposer. The undersigned Proposer agrees that this proposal shall be good for and may not be withdrawn for a period of ninety(90)calendar days after closing deadline for receiving proposals. The undersigned Proposer agrees, if notified of the acceptance of this proposal within ninety (90) days of the time set for opening of proposals,to execute and deliver to the Owner within five(5)days from the date of such notification the required construction contract, a performance bond and a payment bond for the total amount of the construction agreement, and a certificate of insurance, all as stipulated in the contract documents. The undersigned Proposer agrees to attach to this proposal a certified check, cashier's check or proposal bond in the amount of five percent(5%) of the total proposed contract sum. Also accompanying this proposal is all information required in the"Instruction to Proposers." It is understood and agreed by and between the parties that the proposal security accompanying this proposal will be returned to the Proposer, except in the following instance: in the event of acceptance of this proposal, if the Proposer fails to execute the required construction agreement and deliver the required performance and payment bonds within five (5) days after acceptance, then the proposal security shall become the property of the Owner and shall be considered as liquidated damages for the delay and other inconveniences suffered by the Owner because of such failure of the Proposer. The undersigned Proposer acknowledges that the Owner reserves the right to reject any and/or all proposals covered in this Request for Competitive Sealed Proposals and that the Owner has the right to waive any informalities and/or defects in proposals or to ace�,)' such proposals as it shall deem to be in the best interests of the Owner. In submitting this proposal, the Proposer represents that no person or company other than the Proposer listed below or otherwise indicated hereinafter has any interest whatsoever in this proposal or the construction agreement that may be entered into as a result hereof. The undersigned Proposer certifies that the proposed contract sum and all prices contained in this proposal have been carefully checked and are submitted as correct and final. The undersigned Proposer further certifies that the unit prices have been shown in words and figures for each item listed in this proposal,and it is understood and agreed that, in the event of i discrepancy, the words shall govern. The undersigned Proposer affirms that she/he/they are duly authorized to execute this proposal,and that this company, corporation, firm, partnership, and/or Wividual has not prepared this proposal in collusion with any other Proposer. The undersigned Proposer affirms that the content of this proposal as to prices, terms, and conditions has not been communicated by the undersigned nor by any agents or employees of the undersigned to any other person engaged in this type of business, prior to the official public opening of this proposal. This Proposal Form shall be signed by the Proposer as follows: J. Sole Proprietorship: Signature of sole proprietor in tine presence of a notary public who will also sign and affix seal, printed name, and printed title (if any). Insert the printed words "Sole Proprietor" under the signature. K. Partnership or Joint Venture: Signature of all partners or joint venturers in the presence of a notary public who will also sign and affix seal, printed name, and printed title(if any). Insert the printed words "Partner"or"Joint Venturer" under each signature. L. Corporation: Signature of duly authorized signing officers,printed names,and printed titles. Under each such signature, insert the capacity in which the signing officer acts. Affix the corporate seal. Nil, Signature of Proposer %W\ otm Printed Name of Proposer P v t5i 1� Title Name of Finn i S 16 42 v-4 W 0AI 'Tx I D 13 'i Address of Firm qqo - 210-- yglq Telephone Number of Firm N 1 Pt Facsimile Number of Finn [Corporate Seal, if a corporation] ACKNOWLEDGMENT THE STATE OF TEXAS § § COUNTY OF § SUBSCRIBED AND SWORN TO BEFORE ME on this the day of the month of V�V , 2023, in the capacity and for the purposes indicated. JOSELYNE RIVERA J�r Notary Public, State of Texas ;Notary Public, State of Texas :N•• .�� Comm. Expires 0 03-2025 M Commission Expires: Notary ID 60835 Y P /j� BID FORM PROJECT NAME: Barton Hill Composite Elevated Tank and McNeil Ground Storage Tank Recoating 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 the Barton Hill Composite Elevated Tank and McNeil Ground Storage Tank Recoating Project and binds himself on acceptance of this bid to execute the Agre:ment 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 http://www.civcastusa.com by the close of business on July 31, 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". #1 afwq=sqb 2�fz3 BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 1 1 LS Barton Hill EST: Furnish all materials, equipment, labor,superintendence and incidental work to spot blast for inspection and identification of repairs, abrasive blast per SSPC- SP10,clean,prime, stripe coat and coai the Interior of the existing 2,700,000-gallon CET, all appendages, ladder,vent, hatch, weir box, etc.,as indicated on the drawings and specifications part 2.04.B, C and D, except where specifically covered by other bid items. complete in place per lump sum for Two Hundred Ninety Five dollars and Zero cents., $295,000,00 $295,000.00 00300-9-2015 Page I of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 2 1 LS Barton Hill EST: Furnish all materials, equipment, labor, superintendence and incidental work to Dehumidify the interior of the existing 2,700,000-gallon CET,during surface preparation and coating, including hoses, filters, etc.,as indicated on the drawings and specifications part 3.06,except where specifically covered by other bid items. complete in place per lump sum for Thirty Thousand dollars and Zero cents. $30.000.00 sin,nnn_on 3 1 LS Barton Hill EST:Furnish all materials, equipment, labor, superintendence and incidental work to provide Dust Collection on the 2,700,000-gallon CET,during surface preparation and coating, as indicated on the drawings and specifications part 3.07,except where specifically covered by other bid items. complete in place per lump sum for Fifteen Thousand dollars and Zero cents. $15,000.00 $15,000.00 4 30 M.H. Barton Hill EST: Furnish all materials, equipment, labor,superintendence and incidental work to perform General Welding and Corrosion Related Repairs,as indicated on the drawings and specifications part 3.02.A.1, except where specifically covered by other bid items. complete in place per man hour for One Hundred Fifty dollars and Zero _ cents. $150.00 $4,500.00 5 2 gal Barton Hill EST: Furnish all materials, equipment, labor, superintendence and incidental work to provide Seam Sealing and Epoxy Surfacing as indicated on the drawings and specifications part 3.02.A.2,except where specifically covered by other bid items. complete in place per ag ))on for Six Hundred dollars and Zero cents. $600.00 $1,200.00 00300-9-2015 Page 2 of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 6 1 LS Barton Hill EST:Furnish all materials, equipment, labor,superintendence and incidental work to provide Safety Cli. ,s and remove Obstructions on interior ladders, as indicated on the drawings and specifications part 3.02.B.2&3,except where specifically covered by other bid items. complete in place per lump sum for Ten Thousand dollars and Zero cents. $10,000.00 $10,000.00 7 1 LS Barton Hill EST: Furnish all materials, equipment, labor, superintendence and incidental work to Remove and Replarf,_ Cathodic Protection System, as indicated on the drawings and specifications part 3.02.C.3, except where specifically covered by other bid items. complete in place per lump sum for Thirty Five Thousand dollars and Zero cents. $35,000.00 $35,000,00 8 1 LS McNeil GST: Furnish all materials,equipment, labor, superintendence and incidental work to abrasive blast per SSPC-SP6,clean, prime and coat with Containment and Dust Collection the Exterior of the existing 750,000-gallon GST,all appendages, ladder, vent, hatch, railing, tank piping, valves,etc., as indicated on the drawings and specifications part 2.04.A and part 3.07 except where specifically covered by other bid items. complete in place per lump sum for One Hundred Forty Eight Thousand Five Hundred dollars and Zero cents. $148,500.00 $148,500.00 00300-9-2015 Page 3 of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 9 1 LS McNeil GST:Furnish all materials,equipment, labor, superintendence and incidental work to spot blast for inspection and identification of repairs,abrasive blast per SSPC-SP10, clean, prime, stripe coat and coat with Dehumidification the Interior of the existing 750,000-gallon GST,all appendages, ladder, vent, hatch, weir box, etc., as indicated on the drawings and specifications part 2.04 r,and D, except where specifically covered by other bid items. complete in place per lump sum for One Hundred Sixty Two Thousand dollars and Zero cents. $162,000.00 $162,000.00 10 1 LS McNeil GST: Furnish all materials, equipment, labor, superintendence and incidental work to Dehumidify the interior of the existing 750,000- gallon GST,during surface preparation and coating, including hoses, filters,etc.,,as , indicated on the drawings and specifications part 3.06,except where specifically covered by other bid items. complete in place per lump sum for Twenty Thousand dollars and Zero cents. $20,000.00 $20,000.00 11 1 LS McNeil GST:Furnish all materials, equipment, labor, superintendence and incidental work to provide Containment and Dust Collection on the 750,000-gallon GST,during surface preparation and coating, as indicated on the drawings and specifications part 3.07,except where specifically covered by other bid items. complete in place per lump sum for Ten Thousand dollars and Zero cents. $10,000.00 $10,000.00 00300-9-2015 Page 4 of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 12 30 M.H. McNeil GST: Furnish all materials, equipment, labor, superintendence and incidental work to perform General Welding and Corrosion Related Repairs, as indicated on the drawings and specifications part 3.02.A.1, except where specifically covered by other bid items. complete in place per man hour for One Hundred Fifty dollars and Zero cents. $150.00 $4,500.00 13 2 gal McNeil GST: Furnish all materials, equipment, labor,superintendence and incidental work to provide Seam Sealing and Epoxy Surfacing as indicated on the drawings and specifications part 3.02.A.2, except where specifically covered by other bid items. complete in place per ag llon for Six Hundred dollars and Zero cents. $600.00 $1,200.00 14 1 LS McNeil GST: Furnish all materials, equipment, labor, superintendence and incidental work to provide Safety Climbs and remove Obstructions on the exterior ladder, as indicated on the drawings and specifications part 3.02.13.4, except where specifically covered by other bid items. complete in place per lump sum for Eight Thousand dollars and Zero cents. $8,000.00 $8,000.00 15 1 LS McNeil GST: Furnish all materials,equipment, labor, superintendence and incidental work to Install a Halliday Model No. F1R3030 Roof Hatch, as indicated on the drawings and specifications part 3.02.C.5,except where specifically covered by other bid items. complete in place per lump sum for Four Thousand Two Hundred dollars and Zero cents. $4,200.00 $4,200.00 00300-9-2015 Page 5 of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 16 10 raf McNeil GST: Furnish all materials,ea»ipment, labor,superintendence and incidenta, v,ork to provide Rafter Replacement of the existing 750,000-gallon GST in accordance with technical specifications part 3.02.13,except where specifically covered by other bid items. Contractor is responsible for field verifying all sizes and dimensions. complete in place per rafters for One Thousand Two Hundred dollars and Zero cents. $1,200.00 $12,000.00 00300-9-2015 Page 6 of 6 Bid Form TOTAL BASE BID (Items 1 l iru 16 ) $761,100.00 Materials: All Other Charges: / * Total: $761,100.00 * Note: This total must be the same amount as shown above for "Total Base Bid" If this bid is accepted, the undersigned agrees to execute th, 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, 0 1516 Royster Rd Signature :.c Saul Bocanegra Fort Worth, TX 76134 Print Name Address 940-210-8914 President Title Telephone TanksCo, INC Name of Firm 7/31/2023 Date S retary, if Bidder is a Xorporation 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: TanksCo, INC Address: 1516 Royster Rd Fort Worth, TX 76134 Phone: 940-210-8914 Completed by: Saul Bocanegra Date: 07/31/2023 1. Does the company have a written construction Safety program? ' Yes ❑No 2. Does the company conduct construction safety inspections? [ Yes ❑No 3. Does the company have an active construction safety-training program? 0Yes ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past ❑Yes [2'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, ❑Yes ENo 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 ❑N/A B. Excavation 0 Yes ❑No ❑N/A C. Cranes [yYes [)No ❑N/A D. Electrical [I Yes ❑No UN/A E. Fall Protection [2Yes [:]No ❑N/A F. Confined Spaces ,a Yes ❑No ❑N/A I hereby certify that the above information is true and correct. Signature Title President Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 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 f,�('Q,� 2 AGREEMENT made as of the �� ( )day of 1�/I�C.IV lrJeg. 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 1 anksCo ("Contractor") 1516 Koyster Kd tort Worth, IX 76134 The Project is described as: Barton Hill Composite Elevated Tank and McNeil Ground Storage Tank Recoating The Engineer is: Kit Perkins 3400 Sunrise Koad Kound Kock, I X 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 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 I of 5 Standard Form of Agreement 00443647 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten (10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than sixty (60 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than one hundred fifty 150 )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 one thousand and No/100 Dollars($1000 ) 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 sixty ( 160 )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 Seven Hundred Sixty One Thousand One Hundred and Zero Cents ($761 100.00 ),subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No x Yes .If yes,please provide details below: 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (1 Oth) day of a month, Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(1 Oth)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 paymeni 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 July 2023 7.1.4 The Specifications are those contained in the Project Manual dated July 2023 7.1.5 The Drawings,if any,are those contained in the Project Manual dated July 2023 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated July 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 2023 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: 4A 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: Katlyn Saucedo 3400 Sunrise Road Round Rock,TX 78665 8.3 Contractor's representative is: Saul Bocanegra 1516 Royster Road Fort Worth,TX 76134 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 parry. 8.8 This Agreement shall be enforceable in Round Rock,Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein,exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding,including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least two(2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR CITY F D OCK,TEXAS _TankSCO, INC `c Printe Name: �+ Printed Name: Saul BOcarlegra___ Title Ir1.lAyag Title: President Date Signed: (111(ai 23 Date Signed: 10/27/2023 *AT FOR CITY APPROVED AST M: i City At omey 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 00600 INSURANCE AND CONSTRUCTION BOND FORMS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the bond must be counter-signed by Texas local recording agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website—www.tdi.state.tx.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement & Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Person. If the contractor is a corporation, then it should be signed by the President or the Vice-President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. CERTIFICATE OF LIABILITY INSURANCE Instruction Sheet l. CERTIFICATE OF LIABILITY INSURANCE FORM The City of Round Rock's Certificate of Liability Insurance form provided herein or a standard ACORD form. 2. PRODUCER and INSURED- Please list name, address,phone number and e-mail. 3. COMPANIES AFFORDING COVERAGE — TDI number required. The TDI number can be obtained from the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/.—Company Lookup. Note: Exception to this rule.In certain instances where there is unusual risks involved,Surplus Lines Insurance Carriers can be used.Below are the guidelines: a. Insurance Company does not have to be"licensed in Texas",but they do have to be"elikible for a Texas license." Please verify with the Texas Dept of Insurance Website:http://www.tdi.state.tx.us/.—Company Lookup b. Policy has to be written by licensed surplus lines Agent. Also verify with the Texas Dept of Insurance Website: http://www.tdi.state.tx.us/-Agent Lookup 4. TYPES OF INSURANCE COVERAGE— CONSTRUCTION CONTRACT: Please double check the General Conditions and the Supplemental General Conditions for the types and amounts of insurance required. The Supplemental General Conditions usually state the following: a. Business Automobile Liability Insurance b. Workers' Compensation and Employers' Liability Insurance C. Commercial General Liability Insurance d. Builders' Risk Insurance— (Generally required for all "vertical" construction. Check with Project Manager for requirements.) FOR ALL OTHER CONTRACTS, PLEASE REFER TO THE INSURANCE SECTION FOR TYPE OF INSURANCE REQUIRED. (For example Engineering Service Contracts usually require"professional liability insurance".) 5. EFFECTIVE DATE & EXPIRATION DATE Please make sure dates are current. 6. City of Round Rock must be listed on the Certificate of Insurance as an additional insured (except Workers Compensation and Builders Risk). 7. Certificate must indicate that the insurance Company must give the City of Round Rock notice of any changes,cancellation , etc. at least thirty (30)days prior to date of change. 8. Make sure Certificate is signed by an Agent Licensed in the State of Texas, this can also be found on the Texas Department of Insurance website—www.tdi.state.tx.us—Agent Lookup. Bond#HGMW-163-0068 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That TanksCo Inc. _, of the City of Fort Worth County of Tarrant , and State of Texas , as Principal, and Hudson Insurance Group 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 seven hundred sixty-one thousand,one hundred and no/100 Dollars ($ 761,100.00 ) 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 e,�rincipal has entered into a certain written Agreement with the Owner dated the `% day of W)AMAO (> -,20 L)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: BARTON HILL COMPOSITE ELEVATED TANK AND MCNEIL GROUND STORAGE TANK COATING 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 11&p1 �koy,pcj sum of this Performance Bond, plus all costs and expenses, including attorneys fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Sure h ve signed and sealed this instrument this to day of OC o e i , 20_ZJ. TanksCo Inc. Hudson Insurance Group Principal Surety �cr, i\C!4 1-Ci Jason D.Smith Printed Name YkPrinted Name By: e�vrC" fA By: Title: i e` Title: Attorney-In-Fact Address: 1516 Rooster Road Address: too William Street 5th Floor Fort Worth,TX 76134 New York,NY 10038 Resident Agent of Surety: N/A Signature Printed Name Street Address City, State &Zip Code Page 2 00610 4-2020 Performance Bond 00443639 Bond#HGMW-163-0068 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That TanksCo Inc. , of the City of Fort Worth County of Tarrant , and State of Texas , as Principal, and Hudson Insurance Group 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 seven hundred sixty-one thousand,one hundred and no/100 Dollars($ 761,100.00 )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: WHERE ,the Principal has en erect intq a certain written Agreement with the Owner,dated the Al*' day of- NOV k 20_L5 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: BARTON HILL COMPOSITE ELEVATED TANK AND MCNEIL GROUND STORAGE TANK COATING 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 HUDSON In+suwwcIcat�ur HGMW-163-0068 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That HUDSON INSURANCE COMPANY, a corporation of the State of Delaware, with offices at 100 William Street, New York, New York, 10038, has made, constituted and appointed, and by these presents, does make, constitute and appoint Robert Kollsmith,Lukas Schroder,James M.Smith,Samantha Boddicker,Jason D.Smith,Kurt Feller of the State of Iowa its true and lawful Attomey(s)-in-Fact,at New York,New York,each of them alone to have full power to act without the other or others,to make, execute and deliver on its behalf, as Surety, bonds and undertakings given for any and all purposes, also to execute and deliver on its behalf as aforesaid renewals,extensions,agreements,waivers,consents or stipulations relating to such bonds or undertakings provided,however,that no single bond or undertaking shall obligate said Company for any portion of the penal sutra thereof in excess of the sum of Twenty Five Million Dollars($25,000,000.00). Such bonds and undertakings when duly executed by said Attorney(s)-in-Fact,shall be binding upon said Company as fully and to the same extent as if signed by the President of said Company under its corporate seal attested by its Secretary. In Witness Whereof, HUDSON INSURANCE COMPANY has caused these presents to be of its Senior Vice President thereunto duly oU�l bra! thorized,on this 7th day of March 20 2 at New York,New York. HUDSON INSURANCE COMPANY rporate seal r Attest..........�'(�.. ...... ......... BY........ . P......... .... ... .. ...... Dina Daskalakis No.OIMU6067553 Michael P.Cifooe Corporate Secretary Senior Vice President STATE OF NEW YORK COUNTY OF NEW YORK. SS. On the 7th day of March 20 23 before me personally came Michael P.Cifone to me known,who being by me duly sworn did depose and say that he is a Senior Vice President of HUDSON INSURANCE COMPANY,the corporation described herein and which executed the above instrument, that he knows the seal of said Corporation,that the seal affixed to said instrument is such corporate seal,that it was so affixed by order of the Board of Directors of said Corporation,and that he signed his name thereto by like order. �� / .'yli�'•. ANN M.MURPfiY` (Notarial Seal) _'' P 9 a Notary Public,State of New York No.01 MU6067553 oGeLIG Qualified in Nassau County Commission Expires December 10,2025 "' CERTIFICATION STATE OF NEW YORK COUNTY OF NEW YORK SS. The undersigned Dina Daskalakis hereby certifies: That the original resolution,of which the following is a true and correct copy,was duly adopted by unanimous written consent of the Board of Directors of Hudson Insurance Company dated July 27'h,2007,and has not since been revoked,amended or modified: "RESOLVED,that the President,the Executive Vice Presidents,the Senior Vice Presidents and the Vice Presidents shall have the authority and discretion, to appoint such agent or agents, or attorney or attomeys-in-fact, for the purpose of carrying on this Company's surety business, and to empower such agent or agents,or attorney or attomeys-in-fact,to execute and deliver,under this Company's seal or otherwise,bonds obligations,and recognizances, whether made by this Company as surety thereon or otherwise, indemnity contracts, contracts and certificates, and any and all other contracts and undertakings made in the course of this Company's surety business,and renewals,extensions,agreements,waivers,consents or stipulations regarding undertakings so made;and FURTHER RESOLLED,that the signature of any such Officer of the Company and the Company'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 seal when so used whether heretofore or hereafter,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed." THAT the above and foregoing is a full,true and correct copy of Power of Attorney issued by said Company,and of the whole of the original and that the said Power of Attorney is still in full force and effect and has not been revoked,and furthermore that the Resolution of the Board of Directors,set forth in the said Power of Attorney is now in force. Witness the hand of the undersigned and the seal of said Corporation this day of 20 (Corporate seal) w. By.............. � .. .... ...... .......................... Dina Daskalakis, Corporate Secretary :r Aco It, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) "ft� 1 10/6/2023 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 COWrACT NAM. RM Home Office TrueNorth Companies, L.C. N NAM. - --" FAX 500 1 st St SE (ac,lyo.Enet:319-366-2723 (A/C,No):877-810-6374 Cedar Rapids IA 52401 ADo_I ss; certs@VuenorthGOIT1 ies-mn INSURER(S)AFFOROI•G COVERAGE NAIL d BRA:Nautilus Insurance Com y 17370 INSURED TANKINc-02 wsuRER a:American Interstate Insurance Compatny 31895 o Inc 1516 Royster Rd wavo lc: m Byers Casualty ompany E Mutual Clly C 21415 1516 -- Fort Worth TX 76134 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1639026512 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 IC SUBR - _-_- POLY EFF POLICY EXP LINKS LTR POLICY NUMBER MMDD MWDD/YYY A X COMMERCIAL GENERAL LIABILITY Y ECP203563912 8/21/2023 8/21/2024 EACH OCCURRENCE $1.000,000 �I CUUMS-MADE [XI OCCUR RENTEDDAMAGE TO MISES Ea PRE ocarrenoe $100,000 - - -- MED EXP(Any one person) $5,000 PERSONAL 6 ADV INJURY $1,000.000 GEN'L AGGREGATE LRAT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY JECTCT 0 LOC PRODUCTS-COMP/OP AGG f 2,000,000 OTHER: $ C AUTOMOBILE LIABLITY Y 6E36882 8/21/2023 8/21/2024 (X7MBINED S Ea dent INGLE LIMIT $1,000,000 atxi X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per ) _ AUTOS ONLY AUTOS BODILY X HIRED X NONOYM® PROPERTY DAMAGE _ AUTOS ONLY AUTOS ONLY Per accident ti A X UMBRELLA LIAB X OCCUR FFX203564012 8/21/2023 8121/2024 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS MADE AGGREGATE $5.000,000 DIED RETENTIONS $ B WORKERS COMPENSATION AVWCTX3204202023 8/21t2023 8/21/2024 X I AT ER AND EMPLOYERS'LIABILITY Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE a N f A E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1.W0,000 If yes,descnbe under DESCRIPTION OF OPERATIONS below EL.DISEASE-POLICY LIMIT $1,000,000 A PcAuton Uability ECP203563912 8/21/2023 8/21/2024 Pollution Agg/Occ 100000012000000 C Rented Equqxnent 6C36882 8/21/2023 8/2l/2024 Unvt/Ded 150000/1000 Instailabon Fbater Lint 250,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) If Yes is indicated above for add'I insd forms Gen Liab#ECP1246 01/21 (premises),#ECP1248 01/21 (completed operations),Auto Liab#CA7450 02/22 applies. If Yes is indicated above for waiver of subrogation forms Gen Liab#ECP1260 01121, Auto Liab#CA7450 02/22 and WC#WC000313 04184 applies. Coverage is extended for work performed and required under written contract with the above named insured. Re: Barton Hill Composite Elevated Tank and McNeil Ground Storage Tank Recoating 30 Days Notice of Cancellation(10 days due to non payment)applies to the general liability,auto and work comp as per policy terms and conditions. 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 Rack 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 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL AUTO ELITE EXTENSION This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM The BUSINESS AUTO COVERAGE FORM is amended to include the following clarifications and extensions of coverage. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. TEMPORARY SUBSTITUTE AUTO PHYSICAL (2) Available under the applicable Limit Of DAMAGE Insurance for Covered Autos Liability Section I — Covered Autos Paragraph C. Certain Coverage shown in the Declarations, Trailers, Mobile Equipment, and Temporary whichever is less. Substitute Autos is amended by adding the C. EMPLOYEES AS INSUREDS following: The following is added to the Section II — Covered If Physical Damage Coverage is provided by this Autos Liability Coverage, Paragraph A.1. Who Is coverage form for an "auto" you own, the Physical An Insured provision. Damage Coverages provided for that owned "auto" are extended to any 'auto" you do not own Any "employee" of yours is an "insured"while using while used with the permission of its owner as a a covered "auto" you don't own, hire or borrow in temporary substitute for the covered "auto" you your business or your personal affairs. own that is out of service because of breakdown, D. EMPLOYEE HIRED AUTOS repair, servicing, "loss"or destruction. 1. Changes In Covered Autos Liability The coverage provided is the same as the Coverage coverage provided for the vehicle being replaced. The following is added to the Who Is An B. BLANKET ADDITIONAL INSUREDS Insured provision: The Who Is An Insured provision under Section II An "employee" of yours is an "insured" while — Covered Autos Liability Coverage is amended operating an "auto" hired or rented under a to include the following as an "insured" contract or agreement in an "employee's" name, with your permission, while performing 1. Any person or organization whom you have duties related to the conduct of your business. agreed in a written contract or agreement to 2. Changes In General Conditions name as an additional 'insured" under your "auto" Policy to provide "bodily injury" or Paragraph 5.b. of the Other Insurance in the "property damage" coverage, but only with Business Auto Coverage Form is amended by respects to liability arising out of the use of a the addition of the following covered "auto" you own, hire or borrow and For Hired Auto Physical Damage Coverage any resulting from the acts or omissions by you, any covered "auto" hired or rented by your of your "employees" or agents. The insurance "employee" under a contract in an "employee's" afforded to such additional "insured" will not be name, with your permission, while performing broader than that which you are required to duties related to the conduct of your business is provide for such additional "insured" and deemed to be a covered "auto" you own. applies only to a written contract executed prior However, any "auto" that is leased, hired, rented or to the "bodily injury" or "property damage" and borrowed with a driver is not a covered "auto". is still in force at the time of the "accident". 2. With respect to the insurance afforded to the E. NEWLY FORMED OR ACQUIRED additional "insured" described above, the ORGANIZATIONS following is added to Section — C. Limit Of Section II — Covered Autos Liability Coverage, Insurance Covered Autos Liability A.I.Who Is An Insured is amended by adding the Coverage: following: The most we will pay on behalf of the additional Any organization which you acquire or form after "insured" is the amount of insurance: the effective date of this Policy in which you (1) Required by the written contract or maintain ownership or majority interest. However: agreement described above, or CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 1 of 5 (1) Coverage under this provision is afforded only a covered private passenger "auto". The up to 180 days after you acquire or form the deductible is waived for these services. organization, or to the end of the Policy period, K. TRANSPORTATION EXPENSES whichever is earlier. Section III — Physical Damage Coverage, A.4. F. SUBSIDIARIES AS INSUREDS Coverage Extensions Subparagraph a. Section II — Covered Autos Liability Coverage, Transportation Expenses is replaced by the A.1. Who Is An Insured is amended by adding the following: following: (1) We will pay up to $75 per day to a maximum of Any legally incorporated subsidiary in which you $2,500 for temporary transportation expense own more than 50% of the voting stock on the incurred by you because of the total theft of a effective date of this Policy. However, "insured" covered "auto" of the private passenger type. does not include any subsidiary that is an "insured" We will pay only for those covered "autos" for under any other automobile liability Policy or was which you carry either Comprehensive or an "insured" under such a Policy but for termination Specified Cause of Loss Coverage. We will of that Policy or the exhaustion of the Policy's limits pay for temporary transportation expenses of liability. incurred during the period beginning 48 hours after the theft and ending, regardless of the G. SUPPLEMENTARY PAYMENTS Policy's expirations, when the covered "auto" is Section II — Covered Autos Liability Coverage, returned to use or we pay for its "loss". A.2.a. Coverage Extensions, Supplementary (2) If the temporary transportation expenses you Payments (2) and (4) are replaced by the incur arise from your rental of an "auto" of the following: private passenger type; the most we will pay is (2) Up to $5,000 for the cost of bail bonds the amount it costs to rent an "auto" of the (including bonds for related traffic law private passenger type which is of the same violations) required because of an "accident" like, kind and quality as the stolen covered we cover. We do not have to furnish these "auto". bonds. L. ELECTRONIC EQUIPMENT COVERAGE ADDED (4) All reasonable expenses incurred by the LIMITS "insured" at our request, including actual loss of All electronic equipment that reproduces, receives earnings up to $500 a day because of time off or transmits audio, visual, or data signals in any from work. one "loss" is $5,000, in addition to the sublimit in H. FELLOW EMPLOYEE COVERAGE Paragraph C.1.b. of the Limits Of Insurance In those jurisdictions where, by law, fellow provision under Section III — Physical Damage employees are not entitled to the protection Coverage. afforded to the employer by workers compensation M. HIRED AUTO PHYSICAL DAMAGE exclusivity rule, or similar protection. The following Section III — Physical Damage Coverage, A.4. provision is added: Coverage Extensions is amended by adding the Subparagraph 5. of Paragraph B. Exclusions in following: If hired "autos" are covered "autos" for Section II — Covered Autos Liability Coverage Liability Coverage, and if Comprehensive, Specified does not apply if the "bodily injury" results from the Causes of Loss, or Collision Coverage is provided use of a covered "auto"you own or hire. for any "auto" you own, then the Physical Damage 1. TOWING AND LABOR coverages provided are extended to "autos" you lease, hire, rent or borrow is deemed to be a Section III — Physical Damage Coverage, A.2. covered "auto" you own, subject to the following Towing And Labor is replaced with the following: limit and deductible: We will pay for Towing And Labor costs incurred, (1) The most we will pay for loss to any leased, subject to the following: hired, rented or borrowed "auto" is the lesser of a. Up to $100 each time a covered "auto" that is a up to a limit of $100,000, Actual Cash Value or private passenger type is disabled; or Cost of Repair, minus the deductible. b. Up to $500 each time a covered "auto" other (2) The deductible will be equal to the largest than the private passenger type is disabled. deductible applicable to any owned 'auto" for However, the labor must be performed at the place that coverage. of disablement. (3) Subject to the above limit and deductible J. LOCKSMITH SERVICES provisions, we will provide coverage equal to the broadest coverage applicable to any Section III — Physical Damage Coverage, A.4. covered "auto" you own. Coverage Extensions is amended by adding the We will pay up to $1,000, in addition to the limit following: above, for Loss Of Use of a hired auto to a We will pay up to $250 per occurrence for leasing or rental concern for a monetary loss necessary locksmith services for keys locked inside CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 2 of 5 sustained, provided it results from an "accident" are an individual, the Personal Effects of a family for which you are legally liable. member, that is in the covered auto at the time of the However, coverage does not apply to any "auto" "loss". leased, hired, rented or borrowed in your Motor For the purposes of this extension Personal Effects Carrier Operations and any "auto" that is leased, means tangible property that is worn or carried by an hired, rented or borrowed with a driver is not a insured including portable audio, visual, or electronic covered "auto". devices. Personal Effects does not include tools, N. AUTO LOAN/LEASE GAP COVERAGE jewelry, guns, money and securities, or musical instruments. Section III — Physical Damage Coverage Q. EXTRA EXPENSE FOR STOLEN AUTO Paragraph A.4. Coverage Extensions is amended by the addition of the following: Section III — Physical Damage Coverage, A.4. Coverage Extensions is amended by adding the Autos of the private passenger, light or medium following: trucks that are loaned or leased for a period of six We will pay up to $1,000 for the expense incurred months or longer and which have been provided Physical Damage Coverage is a covered `auto" returning a stolen covered "auto" to you because of under this Policy for which a premium charge has the total theft of such covered "auto". Coverage been made for Comprehensive, Specified Cause of applies only to those covered "autos" for which you Loss, or Collision Coverage. We will pay any carry Comprehensive or Specified Causes Of Loss unpaid amount due up to a limit of $10,000 on the Coverage. lease or loan for a covered "auto", including up to a R. RENTAL REIMBURSEMENT EXPENSES maximum of $500 for early termination fees or Section III — Physical Damage Coverage, A.4. penalties, on the lease or loan for a covered "auto", Coverage Extensions is amended by adding the less: following: 1. The amount paid under the Policy's Physical 1. This coverage applies only to a covered "auto"for Damage Coverage; and which Physical Damage Coverage is provided 2. Any: on this Policy. a. Overdue or any deferred lease/loan 2. We will pay for Rental Reimbursement payments at the time of the"loss"; Expenses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". b. Financial penalties imposed under a lease Payment applies in addition to the otherwise for excessive use, abnormal wear and tear applicable amount of each coverage you have on or high mileage; a covered "auto". No deductibles apply to this c. Security deposits not returned by the coverage. lessor; 3. We will pay only for those expenses incurred d. Costs for extended warranties, Credit Life during the Policy period beginning 24 hours Insurance, Health, Accident or Disability after the "loss" and ending, regardless of the Insurance purchased with the loan or lease; Policy's expiration, with the lesser of the and following number of days e. Carry-over balances from previous loans or a. The number of days reasonably required to leases. repair or replace the covered "auto". If "loss" is The insurance provided by this Auto Loan/Lease caused by theft, this number of days is added Gap Coverage is excess over any other collectible to the number of days it takes to locate the insurance including but not limited to any coverage covered "auto" and return it to you; or provided by or purchased from the lessor or any b. 30 days. financial institution. 4. Our payment is limited to the lesser of the O. PERSONAL PROPERTY OF OTHERS following amounts: Section III — Physical Damage Coverage, A.4. a. Necessary and actual expenses incurred, Coverage Extensions is amended by adding the or following: b. $75 per day, subject to a $2,250 limit. We will pay up to $500 for loss to Personal 5 Property Of Others in or on your covered "auto" in . This coverage does not apply while there are the event of a covered"auto" loss. spare reserve "autos" available to you for your operations. No deductibles apply to this coverage. 6. If"loss" results from the total theft of a covered P. PERSONAL EFFECTS COVERAGE "auto" of the private passenger type, we will Section III — Physical Damage Coverage, A.4. pay under this coverage only that amount of Coverage Extensions is amended by adding the your Rental Reimbursement Expenses which following: is not already provided for under the Physical We will pay up to $500 for "loss" to your Personal Damage — Transportation Expense Effects not otherwise covered in the Policy or, if you CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 3 of 5 Coverage Extension included in this 2. Regardless of the number of covered "autos" endorsement. damaged or stolen the maximum deductible 7. Coverage provided by this extension is excess applicable for all"loss" in any one event caused by: over any other collectible insurance and/or a. Theft or Mischief or Vandalism, or endorsement to this Policy. b. All Perils S. VEHICLE WRAPS COVERAGE c. Collision Section III — Physical Damage Coverage, A.4. Will be equal to two times the highest deductible Coverage Extensions is amended by adding the applicable to any one covered "auto" on the Policy for following: Comprehensive, Specified Causes of Loss or 1. This coverage applies only to a covered "auto" Collision Coverage. The application of the highest for which Physical Damage Coverage is deductible used to calculate the maximum deductible provided on this Policy. will be made regardless of which covered "autos" 2. Vehicle wraps that are damaged are covered at were damaged or stolen in the"loss". the lessor of replacement cost or the original W. FULL GLASS COVERAGE purchase cost of the vehicle wrap, whichever is Section III — Physical Damage Coverage, D. less, up to $2,000. Deductible is amended by the addition of the This coverage does not apply to wear and tear. following: T. AIRBAG COVERAGE If the Comprehensive Coverage applies to the Section III — Physical Damage Coverage, B.3.a. covered "autos", no Comprehensive Coverage Exclusions is amended by adding the following: Deductible applies to the cost of repairing or replacing damaged glass on the covered"auto(s)". If you have purchased Comprehensive or Collision X. PHYSICAL DAMAGE DEDUCTIBLE — VEHICLE Coverage under this Policy, the exclusion relating to TRACKING SYSTEM mechanical breakdown does not apply to the accidental discharge of an airbag. Section III — Physical Damage D. Deductible is U. NEW VEHICLE REPLACEMENT COST amended by adding the following: The following is added to Paragraph C. Limit Of Comprehensive Coverage Deductible shown in the Insurance of Section III — Physical Damage Declaration will be reduced by 50% for any "loss" Coverage caused by theft of the vehicle when equipped with a In the event of a total "loss" to a covered "auto" you vehicle tracking device such as a radio tracking own of the private passenger type or vehicle having a device or a global positioning device and that gross vehicle weight of 20,000 pounds or less, to device was the method of recovery of the vehicle. which this coverage applies, we will pay to replace Y. DUTIES IN THE EVENT OF ACCIDENT, CLAIM, such covered "auto", minus any applicable deductible SUIT,OR LOSS shown in the Declarations, at your option: Section IV — Business Auto Conditions, A.2. a. The verifiable new vehicle purchase price you Duties In The Event Of Accident, Claim, Suit Or paid for your damaged vehicle, not including any Loss is amended by adding the following insurance or warranties. Your obligation to notify us promptly of an 'accident", b. The purchase price, as negotiated by us, of a claim, "suit' or "loss" is satisfied if you send us the new vehicle of the same make, model, and fequired notice as soon as practicable after your equipment, or most similar model available, not Insurance Administrator or anyone else designated by including any furnishings, parts, or equipment not you to be responsible for insurance matters is notified, or in any manner made aware, of an"accident", claim, installed by the manufacturer or their dealership. 'suit"or"loss". c. The market value of your damaged vehicle, not including any furnishings, parts, or equipment not Z. WAIVER OF TRANSFER OF RIGHTS OF installed by the manufacturer or their dealership. RECOVERY We will not pay for initiation or set up costs associated Subparagraph 5. of Paragraph A. Loss Conditions with a bans or leases. of Section IV — Business Auto Conditions is deleted in its entirety and replaced with the following. For the purposes of this coverage extension a new Transfer Of Rights Of Recovery Against Others covered auto is defined as an "auto" of which you are To Us the original owner that has not been previously titled which you purchased less than 180 days prior to the If any person or organization to or for whom we date of loss. make payment under this Coverage Form has V. LOSS TO TWO OR MORE COVERED AUTOS rights to recover damages from another, those FROM ONE ACCIDENT rights are transferred to us. That person or organization must do everything necessary to Section III — Physical Damage Coverage, D. secure our rights and must do nothing after Deductible Subparagraph 2. is replaced by the "accident" or "loss" to impair them. However, we following waive any right of recovery we may have against any person, or organization with whom you have a CA7450(2-22; Includes copyrighted material of ISO Properties,Inc.with its permission. Page 4 of 5 written contract, agreement or permit executed AB. UNINTENTIONAL FAILURE TO DISCLOSE prior to the "loss" that requires a waiver of recovery EXPOSURES for payments made for damages arising out of your Section IV — Business Auto Conditions, B.2. operations done under contract with such person or Concealment, Misrepresentation, Or Fraud is organization. amended by adding the following AA. PRIMARY AND NONCONTRIBUTORY — OTHER If you unintentionally fail to disclose any exposures INSURANCE CONDITION existing at the inception date of this Policy, we will not Section IV — Business Auto Conditions, B. deny coverage under this Coverage Form solely General Conditions, 5. Other Insurance c. is because of such failure to disclose. However, this replaced by the following: provision does not affect our right to collect additional This Coverage Form's Covered Autos Liability premium or exercise our right of cancellation or non- Coverage is primary to and will not seek contribution renewal. from any other insurance available to an "insured" AC. MENTAL ANGUISH under your Policy provided that: Section V — Definitions, C. is replaced by the 1. Such "insured" is a Named Insured under such following: other insurance; and "Bodily injury" means bodily injury, sickness or 2. You have agreed in writing in a contract or disease sustained by a person, including mental agreement that this insurance would be primary anguish or death resulting from bodily injury, sickness and would not seek contribution from any other or disease. insurance available to such "insured". AD. LIBERALIZATION However, coverage does not apply to any "auto' If we revise this endorsement to provide greater leased, hired, rented or borrowed in your Motor coverage without additional premium charge, we will Carrier Operations and any "auto" that is leased, automatically provide the additional coverage to all hired, rented or borrowed with a driver is not a endorsement holders as of the day the revision is covered "auto". effective in your state. CA7450(2-22) Includes copyrighted material of ISO Properties,Inc.with its permission. Page 5 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - ONGOING OPERATIONS - COVERAGE A, B, DA & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date EC P2035639-12 8/21/2023 8/21/2024 8/21/2023 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III—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 this policy period, that such person or organization be added as an additional insured on this policy, and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. Such person(s)or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage DA —Contractors Pollution Legal Liability and Coverage DA— Microbial Substance Contractors Pollution Liability, or personal injury or advertising injury under SECTION I-COVERAGE B—PERSONAL AND ADVERTISING INJURY LIABILITY directly caused 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 described in Paragraph 1. or 2. above. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law, and b. Will not be broader than that which you are required by the contractor agreement to provide for such additional insured, and c. Will not extend beyond that which is provided to you in this policy. A person's or organization's status as an additional insured under this endorsement ends when your operations for the person or organization described in Paragraph 1. above are completed. II. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. 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. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage, or the offense which caused the personal and advertising injury, involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. b. Bodily injury or property damage occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service.. maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed, or ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc., used with its permission. Page 1 of 2 (2) That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V— LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph 1.1.; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI— REPORTiNG, DEFENSE, SETTLEMENT& COOPERATION: 1. Duties --Additional Insured An additional insured must see to it that: a. We are notified in writing as soon as practicable of an occurrence or offense which may result in a claim or suit; b. We receive written notice of a claim or suit as soon as practicable: and c. A request for defense and indemnity of the claim or suit will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured, if the contract or agreement requires that this coverage be primary and noncontributory. V. SECTION VII—CONDITION 10.—Other Insurance is amended by the addition of the following which supersedes any provision to the contrary Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to a person(s) or organization(s) included as an additional insured under this endorsement provided that: 1. The additional insured person(s) or organization(s) is a Named Insured under such other insurance: and 2. You have agreed in writing in a contract or agreement, in effect during this policy period, that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured person(s) or organization(s). Such contract or agreement must be executed and in effect prior to the performance of your work which is the subject of such contract or agreement. However, this provision does not apply if the other insurance available to the person(s) or organization(s) included as an additional insured is Owners and Contractors Protective Liability, Railroad Protective Liability, or similar project- specific, primary insurance. VI. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a SCHEDULE of additional insureds, and which endorsement applies to that designated additional insured. ALL OTHER TERMS AND CONDITIONS OF THE POLICY SHALL APPLY AND REMAIN UNCHANGED. ECP 1246 01 21 Includes copyrighted material of Insurance Services Office, Inc.. used with its permission. Page 2 of 2 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -- OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS - COMPLETED OPERATIONS - COVERAGE A, DA & D.4 Policy Number Policy Effective Date Policy Expiration Date Endorsement Effective Date ECP2035639-12 8/21/2023 8/21/2024 8/21/2023 This endorsement modifies insurance provided under the following: ENVIRONMENTAL COMBINED POLICY I. SECTION III—WHO IS AN INSURED is amended to include as an additional insured. 1. Any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement, in effect during this policy period, that such person or organization be added as an additional insured on this policy, and 2. Any other person or organization you are explicitly required to add as an additional insured under the contract or agreement described in Paragraph 1. above. Such contract or agreement must be executed and in effect prior to the performance of your work included in the products-completed operations hazard which is the subject of such contract or agreement. Such person(s)or organization(s) is an additional insured only with respect to liability for bodily injury or property damage under SECTION I — COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY, Coverage DA — Contractors Pollution Legal Liability and Coverage D.4— Microbial Substance Contractors Pollution Liability, directly caused by your work performed for the additional insured described in Paragraph 1. or 2. above, and included in the products-completed operations hazard. However, the insurance afforded to such additional insured described above: a. Only applies to the extent permitted by law, and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and c. Will not extend beyond that which is provided to you in this policy. 11. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: a. Bodily injury or property damage 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. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the occurrence which caused the bodily injury or property damage involved the rendering of, or the failure to render any professional architectural, engineering or surveying services. III. With respect to the insurance afforded to these additional insureds, the following is added to SECTION V — LIMITS OF INSURANCE: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph IA.; or 2. Available under the applicable limits of insurance, whichever is less. This endorsement shall not increase the applicable limits of insurance. IV. With respect to the insurance afforded to these additional insureds, the following is added to SECTION VI— ECP 1248 01 21 Includes copyrighted material of Insurance Services Office,Inc.,used with its permission Page 1 of 2