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Contract - Royal Vista, Inc. - 12/21/2023 CITY OF ROUND ROCK BID COPY/ORIGINAL Utilities and Environmental Services ROUND ROCK TEXAS Project Manual For: 30" Raw Waterline Relocation on DB Wood Road City of Round Rock Williamson County, Texas October 10, 2023 Prepared By: Kimley 0 Horn !-tN%J Kimle Horn & Associates A..... .•.x% 10814, Jollyville Rd., Building 4 Suite 200 ..*.:.......................*. Austin, TX 78759 TA RAOOF -0% 141851 •'� APPROVED BY ��cEHs�.tj••'���, CITY ATTORNEY I0/1o/wz3 TBPE Firm Registration No F-928 G� =1 SureTec BID BOND KNOW ALL MEN BY THESE PRESENTS, that we Royal Vista, Inc. as principal, hereinafter called the"Principal," and SURETEC INSURANCE COMPANY, 2103 CityWest Boulevard, Suite 1300, Houston, TX 77042, as surety, hereinafter called the"Surety," are held and firmly bound unto City of Round Rock as obligee, hereinafter called the Obligee, in the sum of Five Percent(5%) of the Amount Bid by Principal for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS, the principal has submitted a bid for 30" Raw Waterline Relocation on D.B. Wood Road & Hwy. 29. NOW,THEREFORE, if the contract be timely awarded to the Principal and the Principal shall within such time as specified in the bid, enter into a contract in writing or, in the event of the failure of the Principal to enter into such Contract, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee 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. PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee prior to execution of the final contract shall furnish evidence of financing in a manner and form acceptable to Principal and Surety that financing has been firmly committed to cover the entire cost of the project. SIGNED, sealed and dated this 301h day of October, 2023. Royal Vista, Inc. (Principal) BY: ri I I /I i milli— TITLE: SureTec Insurance Company BY: imberly . ilson, Attorney-in-Fact 11-2-23 City of Round Rock-DB Wood Rd-Bid Bond(Unsigned) Rev 1.1.06 POA#: 4221021 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Susan M.Palmer, Karen Brooks,Patricia Ann Watson, Rex Anthony Goodman, Kimberly D.Wilson its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved that the President,any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'x'of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this lou+ day of March A.D. M23 . 00-11.a. SURETEC INSURANCE COMPANY SURANC wvw X 4 �1 By: u~+€ w ;n- Michael C.Keimig,Presiden 6� co a� ( `r 3 State of Texas ss: *' ` County of Harris On this lou, day of March A.D. 2023 before me personally came Michael C.Keimig,to me known,who,being by me duly swom,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;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 Company;and that he signed his name thereto by like order. TANYA SNEED = } Notary Public State of Texas,] Commission#i 128571231 Tanya Sneed,Nota ublic Commission Expires 03/30/2021 My commission expires March 30,2027 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 30th of tobe 2023 __, A.D. .B nt Bea ssisfsint retary Any instrument issued in excess of the penalty stated above is totally void and without any validity.4221021 For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CBT. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd.,Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-490-1007 Web: httn://www.tdi.texas.ciov Email: ConsumerProtecton(abtdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------ SIC TX Rider TDI Required Notices rev 092021 Page I of I 00300 BID FORM BID FORM PROJECT NAME: D B Wood Round Rock 30"Waterline Relocations PROJECT LOCATION: Round Rock,Texas OWNER: City of Round Rock,Texas DATE: 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 "D B Wood Round Rock 30"Waterline Relocations" and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated,for the following prices,to wit: Any addenda issued will be posted with the Project Manual and/or Contract Documents on the City's website at www.civcastusa.com by the close of business on . Prior to submitting a bid, the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum "number"and"date". Addendum #1 10/27/2023 BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 1 1 LS MOBILIZATION(not to exceed 5%) complete in place per LS for Seventy Five Thousand dollars and No cents. $75,000.00 $75,000.00 2 20 LF CONC CURB&GUTTER(TY 1) complete in place per LF for One Hundred dollars and No cents. $100.00 $2,000.00 00300-9-2015 Page 1 of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 3 5 SY CUT&RESTORE CONC PAVEMENT complete in place per SY for Two Hundred Fifty dollars and No cents. $250.00 $1,250.00 4 1 EA GUARDRAIL END TREATMENT complete in place per EA for Ten Thousand dollars and No cents. $10,000.00 $10,000.00 5 81 CY FLOWABLE FILL complete in place per CY for Three Hundred Ten dollars and No cents. $310.00 $25,110.00 6 42 LF RIGID ROOT BARRIER SYSTEM complete in place per LF for FourtV dollars and No cents. $40.00 $1,680.00 STORM WATER POLLUTION AND 7 1 LS PROTECTION PLAN(SWPPP) complete in place per LS for Six Thousand Five Hundred dollars and No cents. $6,500.00 $6,500.00 00300-9-2015 Page 2 of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 8 6 MO TRAFFIC CONTROL complete in place per MO for Five Hundred dollars and No cents. $500.00 $3,000.00 9 1.124 LF SILT FENCE complete in place per LF for Four dollars and No cents. $4.00 $4,496.00 10 491 LF SILT FENCE W/J-HOOKS complete in place per LF for SIX dollars and No cents. $6.00 $2,946.00 11 3 EA TEMPORARY CONSTRUCTION complete in place per EA for One Thousand dollars and No cents. $1,000.00 $3,000.00 12 261 LF ROCK BERM complete in place per LF for Fifty dollars and No cents. $50.00 $13,050.00 00300-9-2015 Page 3 of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 13 5,577 SY HYDROSEEDING complete in place per SY for Two dollars and No cents. $2.00 $11.154.00 14 6 EA TREE PROTECTION complete in place per EA for Five Hundred dollars and No cents. $500.00 $3.000.00 15 825 LF TRENCH EXCAVACTION SAFETY PROTECTIVE SYSTEMS(ALL DEPTHS) INCLUDING TRENCH SAFETY PLAN SEALED BY A PROFESSIONAL ENGINEER complete in place per LF for Five dollars and No cents. $5.00 $4,125.00 16 9 STA PREPARING ROW complete in place per STA for Six Hundred dollars and No cents. $600.00 $5,400.00 17 1.006 LF FACTORY RESTRAINED JOINT PIPE,30" DIA.,CLASS 250 DUCTILE IRON,(ALL DEPTHS)INCLUDING EXCAVATION AND BACKFILL complete in place per LF for Five Hundred Thirty Five dollars and No cents. $535.00 $538,210.00 00300-9-2015 Page 4 of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 18 181 LF JACKING OR BORING 48" PIPE, WELDED STEEL ENCASEMENT ASTM A-252, GRADE 2, 3/8"THICK complete in place per LF for One Thousand Five Hundred dollars and No cents. $1,500.00 $271,500.00 19 80 LF ENCASEMENT PIPE 48" DIA. STEEL, OPEN CUT,3/8"THICK complete in place per LF for Two Hundred Seventy Five dollars and No cents. $275.00 $22.000.00 20 4 EA WET CONNECTIONS,30" DIA. X 30" DIA. complete in place per EA for Ten Thousand dollars and No cents. $10,000.00 $40,000.00 21 20 LF CONCRETE TRENCH CAP, 7 FT. WIDTH complete in place per LF for Fifty dollars and No cents. $50.00 $1,000.00 22 18 TON DUCTILE IRON FITTINGS complete in place per TON for Fifteen Thousand Five Hundred dollars and NO cents. $15,000.00 $270,000.00 00300-9-2015 Page 5 of 6 Bid Form BASE BID Bid Approx. Item Description Item Quantit Unit and Written Unit Price Unit Price Amount 23 2 EA AUTOMATIC COMBINATION AIR/VACUUM RELEASE VALVE ASSEMBLY,3"DIAMETER complete in place per EA for Fifty Two Thousand dollars and No cents. $52,000.00 $104,000.00 24 1 EA VALVES,GATE,30 IN DIA. complete in place per EA for Seventy Five Thousand dollars and No cents. $75,000.00 $75,000.00 25 2 EA DRAIN VALVE ASSEMBLIES complete in place per EA for Thirty Thousand dollars and No cents. $30,000.00 $60,000.00 26 17 EA CONCRETE RETARD complete in place per EA for Four Thousand dollars and No cents. $4,000.00 $68,000.00 27 20 LF REMOVING CONC(CURB AND GUTTER) complete in place per LF Fifty Dollars No Cents $50.00 $1,000.00 00300-9-2015 Page 6 of 6 Bid Form TOTAL BASE BID (Items 1 thru 27 ) $1,622,421.00 Materials: $892.331.55 All Other Charges: $730.089.45 * Total: $1.622.421.00 * 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 the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. Respect f itted, Signature Steven R Green 350 CR 260, Liberty Hill, Texas 78642 Print Name Address Vice President 512-515-6824 Title Telephone Royal Vista, Inc. Name of Firm 11/2/2023 Date Secr , if Bidder is a Co ation 00200-9-2015 Page 1 of 1 Bid Form 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: 1 u I I,,,\ y :5A (L 1.11 C— Address: o C Z ��J Phone: X12 S'1 S (.y)-L4 .1 _�Y61-4Z Completed by: .rn_ L°,nrt,r�►-� Date: t zo 1. Does the company have a written construction Safety program? Mfe-s ❑No 2. Does the company conduct construction safety inspections? M*'es ❑No 3. Does the company have an active construction safety-training program? (TI'r'es ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past ❑Yes 0<0 three years? M` 5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, ❑Yes L`No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding ❑Yes LJNo ❑N/A B. Excavation Ues ❑No ❑N/A C. Cranes ❑Yes E(No ❑N/A D. Electrical ❑Yes &NNo ❑N/A E. Fall Protection ❑Yes to ❑N/A F. Confined Spaces mres ❑No ❑N/A I hereby certify that the above information is true and correct. Signa Title V .�". Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the 22rtJ ( )day of T'e(IU in the year 20 BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Royal Vista,Inc. ("Contractor") 350 CR 260 Liberty Hill,Texas 78642 The Project is described as: 30"Raw Waterline Relocation on DB Wood Road city of RoundKock Williamson County,Texas The Engineer is: Tara Raoof,P.E., Kimley-Horn and Associates 10814 Jolleyville Road Campus IV Suite 200 Austin,TX 78759 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Page 1 of 5 Standard Form of Agreement 00443647 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION;DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within Ten1( 0 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than Two Hundred Ten 2( 10 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than Two Hundred Forty2( 40 )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 Two Hundred Seventy 2( 70 )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 Agreeent. The Contrqct shall be one ,t o l\ ;x -k V f -w b o a� v% S � Q k one t, �op ($ th Vt ,subject to additiorls and deductions as provided in the Contract Documents. 4.2 Does the Contract dude alternates which are described in the Bid Form? No X . Yes .Ijyes,please provide details below. 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth(10th) day of a month, Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(10th)day of the next month.If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Engineer and approved by the Owner. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions. 00500 42020 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 SupplemlOtaryo p3cial,and other Conditions of the Contract are those contained in the Project Manual dated (0t�ti[1, 2 2 7.1.4 The Specifications are those contained in the Project Manual dated_Qkto%0621i0. 2023 7.1.5 The Drawings,if any,are those contained in the Project Manual dated--00"4#210 2023` 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated 0&eber210, 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_cGaMht 10. 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: N/A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Adam Levy,P.E., 3400 Sunrise Road Round Rock,TX 78665 8.3 Contractor's representative is: Steven R. Green, Vice President 350 CR 260 Liberty Hill,Texas 78642 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding,including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least two(2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR CITY OF O DRO TEXAS R al Vista,Inc. , M Printed N �e: Printed Name: Steven R.Green Title k414 yOR— Title: Vice President > Date Signed: 2 Z Date Signed: / G. ATTEST: uutA4�� City Clerk 0 FOR CITY,APPROVED AS TO FORM: At orney 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 00500 Attachment A Attachment A The contractor shall obtain substantial completion of the DB Wood Road portion of the waterline, as shown on Sheet 10 and Sheet 11 of the engineering plans, within 210 days of the issuance of the notice to proceed. 00020 10-2015 Notice to Bidders 00193093 Page 1 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 1. 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"eMble 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—Aaent Lookup. Bond #4471544 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Royal Vista, Inc. , of the City of Liberty Hill , County of Williamson , and State of Texas , as Principal,and SureTec Insurance Comfy authorized under the law of the State of Texas to act as surety on bonds for principals,are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS (Owner), in the penal sum of one Million, Six Hundred Twenty-Two Thousand, Four Hundred Twenty-One and No/100 Dollars ($1,622,421.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally,by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the 22kd day of t0(U& ,20 to which the Agreement is hereby referred to and made a part hereof as fully and to the ame extent as if copied at length herein consisting of: 30"Raw Waterline Relocation on DB Wood Road City of RoundRock 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 total sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 19th day of January ,2024 . Royal Vista, Inc. SureTec Insurance Company Principal Surety �v+5 `\. .�2tz+t*� Kimberly D. Wilson Printed Name Printed Name By: By: Title: . Title: A orne -i ct Address: 350 CR 260 Address: 2103 CitvWest Blvd, Ste 1300 Liberty Hill TX 78642, Houston, TX 77042 Resident Agent of Surety: Signature Kimberly D. Wilson Printed Name 2909 Hillcroft, Ste 200 Street Address Houston, TX 77057 City, State &Zip Code Page 2 00610 4-2020 Performance Bond 00443639 Bond #4471544 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Royal Vista, Inc. , of the City of Liberty Hill County of Williamson ,and State of Texas ' as Principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of One Million, Six Hundred Twenty-Two Thousand, Four Hundred Twenty-One and No/100 Dollars($ 1,622,421.00 )for the payment whereof,well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally,by these presents: WHEREAS,the Principal has entered into a certain written Agreement with the Owner,dated the 22" day of , 20X to which Agreement is hereby referred to and made a part hereof as fully and to th same extent as if copied at length herein consisting of- 30" £30"Raw Waterline Relocation on DB Wood Road City of RoundRock Williamson County, Texas NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts,work,labor,equipment,supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED,HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 04-2020 Payment Bond 00437699 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract,or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this 19th day of January , 2024 . Royal Vista, Inc. SureTec Insurance Company PrincVI—, Surety Kimberly D. Wilson Printed Name Printed Name By. By: Title: V, `_ Title: Attorne - act Address: 350 CR 260 Address: 2103 CityWest Blvd, Ste 1300 Liberty Hill, TX 78642 Houston, TX 77042 Resident Agent of Surety: Signature Kimberly . Wilson Printed Name 2909 Hillcroft, Ste 200 Street Address Houston, TX 77057 City, State &Zip Code Page 2 006201-2020 Payment Bond 00090656 POA p: 4221021 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Susan M.Palmer,Karen Brooks,Patricia Ann Watson, Rex Anthony Goodman,Kimberly D.Wilson its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name,place and stead,to execute,acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for,providing the bond penalty does not exceed Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President,sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President,any Vice-President,any Assistant Vice-President,any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved,that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20'x'of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President,and its corporate seal to be hereto affixed this loth day of March A.D. 2023 ^ � SURETEC INSURANCE COMPANY yVBANCF WQ: X q '°�L By. 6W 2= Michael C.Keimig,Presiden n.. State of Texas ss: ~' County of Harris On this 20th day of March A.D. 2023 before me personally came Michael C.Keimig,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston,Texas,that he is President of SURETEC INSURANCE COMPANY,the company described in and which executed the above instrument;that he knows the seal of said Company;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 Company;and that he signed his name thereto by like order. ,•p;;•.,. TANYA SNEED Notary PubliC State of Texas ,w} Tan a Sneed,Nota ublic Commission#�128571231 Commission Expires 03/30/2027 y My commission expires March 30,2027 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect;and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 19th dau of J nua r 2024 , A.D. B nt Bea ,, ssistant cr> ry Any instrument issued in excess of the penalty stated above is totally void and without any validity. 4221021 For verification of the authority of this power you may call(713)812-0800 any business day between 8:30 am and 5:00 pm CST. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/FilingofClaims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252-3439.You may write the Texas Department of Insurance at: PO Box 149104 Austin,TX 78714-9104 Fax#: 512-490-1007 Web: httr)://www.tdi.texas.ciov Email: ConsumerProtection(cbtdi.texas.aov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. V SIC TX Rider TDI Required Notices rev 09_2021 Page 1 of 1 Client#: 12682 ROYVI DATE(MMIDD/YYYY) ACORD CERTIFICATE OF LIABILITY INSURANCE 1 1/1912024 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 be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Ruffeno Insurepointe of Texas, Inc. PHONE AIC No E,):713 964-0022 713 964 0044 AIC,No 2909 Hillcroft Ste#200 E-MAIL cruffeno@insurepointe.com Houston,TX 77057-5848 INSURER(S)AFFORDING COVERAGE NAIC# 713 964-0022 INSURER A'Continental Insurance Company 35289 INSURED Royal Vista Inc. �INSURER B•Texas Mutual Insurance Company 22945 INSURER C•Continental casualty Company 20443 350 County Road 260 - -- INSURER D: Liberty Hill,TX 78642-6202 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR 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 SUB POLICY EFF POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER MMIDD MM/DD _ A GENERAL UAAILITY 7039539353 6/22/2023 06/2212024 EACH OCCURRENCE $1,000,000_ X COMMERCIAL GENERAL LIABILITY MIME. NT $100,000 CLAIMS-MADE 119 OCCUR MED EXP(Any one person) $15,000 X PC Ded:2,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY X JET LOC WorsitePollution POLLUTION $1,000,000 COMBINED C AUTOMOBILE LIABILITY 7039539336 6/22/2023 06/22/202 Me acddentslNGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident $ A X UMBRELLA LIAR X OCCUR 7039539370 6/22/2023 06/2212024 EACH OCCURRENCE $5,000,000 EXCESS UAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10000 $ B WORKERS COMPENSATION 0001239145 6/22/2023 06/22/2024 X WC STATU- OTH- AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? a N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Equipment Floater 7039539353 6/22/2023 06/22/2024 $675,435 Scheduled $250,000 Rented/leased DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project: 30" Raw Waterline Relocation on DB Wood Road The General Liability and Automobile policies include a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status.The General Liability, (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City Manager SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 E. Main Street Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 2 The ACORD name and logo are registered marks of ACORD #S559250/M542039 KDW DESCRIPTIONS (Continued from Page 1) Workers Compensation and Automobile policies include a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it.The General Liability,Workers Compensation and Automobile policies include a blanket notice of cancellation to certificate holders endorsement, providing for 30 days advance notice if the policy is cancelled by the company other than for nonpayment of premium, 10 days notice after the policy is cancelled for nonpayment of premium. Notice is sent to certificate holders with mailing addresses on file with the agent or the company.The endorsement does not provide for notice of cancellation if the named insured requests cancellation.The General Liability policy includes an endorsement that contains primary and non-contributory wording.The Umbrella policy is following form. SAGITTA 25.3(2010/05) 2 of 2 #S559250/M542039