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Contract - Smith Contracting Co., Inc. - 7/25/2024
BID COPY/ORIGINAL CITY OF ROUND ROCK TRANSPORTATION DEPARTMENT ROUND ROCK TEXAS Project Manual For: Chisholm Trail Road North April 2024 Prepared By: 00000nonb O F T eXgS o a .. ..0 PP A ® F'39 10 ERIC BUSKER o / V i . . EY �CITYi p. 123341 ;cep Al -T i�,� ICENS��'�,ti�� a1ldtoN •:e BGE, Inc. R-2024- I g TBPE Firm Registration No 1046 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 ( )day of 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 Smith Contracting Co.,Inc. ("Contractor") 15308 Ginger St Austin,TX 78728 The Project is described as: Chisholm Trail Road-North �1 �r The Engineer is: BGE,Inc. 101 West Louis Henna Blvd. Suite 400 Austin,Texas 78728 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings, Specifications,Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Page 1 of 5 Standard Form of Agreemcnt 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. 33 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 threehundfortyfive3( 45 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than three hundred forty five 345 )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 �i DolIars(S 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 I hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to i 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 three hundred sixty five 3{ 65 }calendar days from issuance by Owner of Notice to Proceed. t ARTICLE 4 CONTRACT SUM l� {; 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 Six million seven hundred seventv-four thousand seven hundred twelve dollars and fifteen cents ($6,774,712.15 },subject to additions and deductions as provided in the Contract Documents. I 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X . Yes .Ifyes,pleaseprovide derails below. i I' i 00500 4-2020 Page 2 of 5 Standard Form of Agreement 00443647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS I 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for ' Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.13 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth(10th)day of a month,Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(10th)day of the next month.If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment.The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. I 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 forret and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, j 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 't 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: 3° .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Engineer and approved by the Owner. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of } Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions. 00500 4-2020 Page 3 of 5 Standard Form of Agreement 00443647 f it I � 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 ri dated u � c u 7.1.4 The Specifications are those contained in the Project Manual dated ' 7.15 The Drawings,if any,are those contained in the Project Manual dated rips it G V G•e i 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated i� 'April aul.,t 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated April 2024 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 modificd. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: ARTICLE 8 MISCELLANEOUS PROVISIONS r 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Greg Ciacco CoRR Transportation Dept. 512-218-7017 gciaccio@,roundrocktexas.gov 8.3 Contractor's representative is: lri q 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the i 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. i 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 Iaws 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. J 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 j; CITY ROTJNDJROCK,TEXAS LLJf}-S✓ht (�"Y�1aC�t/1�t_lJ� L• 1! Printed/,mc:, Printed Name: ��IL✓ S �-�l Title Title: �! Date Signed: g Date Signed: ATTEST: 1 City Clerk FOR_CM,APPROVED AS TO FORM: it City Attorney 00500 4-2020 Page 5 of 5 Standard Form of Agreement 00443647 i; 1 BOND NO.: SPA 150206009 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Smith Contracting Co., Inc. , of the City of Austin County of Travis , and State of Texas —9 as Principal, and SiriusPoint America Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals,are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS (Owner),in the penal sum of Six million seven hundred seventy-four thousand seven hundred twelve dollars and fifteen cents ! Dollars ($6,774,712.15 ) 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 701' day of ,202,fto which the Agreement is hereby referred to and made a part hereof as fully and t6ithe same extent as if copied at length herein consisting of: Chisholm Trail Road j 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 7 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 i 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 E 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, 1 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 006104-2020 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 Pians, 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 3i 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 $6,774,712.15 sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 6th day of August 2024 Smith Contracting Co.,Inc. SiriusPoint America Insurance Company Principal Surety 10jQ14Nt> Kenneth Nitsche Printed Name Printed Name By: By: �- T41, .us>' �+� Title: Attorney In Fact Address: 15308 Ginger St. Address: 1 World Trade Center 285 Fulton Street Austin,TX 78728 47th Floor,Suite 47J,New York,NY 10007 i, Resident Agent of Sure Signature Kenneth Nitsche Printed Name 143 E.Austin Street Address Giddings,TX 78942 City, State&Zip Code Page 2 00610 4-2020 Performance Bond 00443639 BOND NO.: SPA150206 009 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § { That Smith Contracting Co.,Inc. ,of the City of Austin , County of Travis ,and State of Texa ,as Principal,and SiriusPoint America Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and fmnly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of Six million seven hundred seventy-four thousand seven hundred twelve dollars and fifteen cents Dollars($ 6,774,712.15 }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 Principalhas en ercd into a certain written Agreement with the Owner,dated the 20 r day of 202 to which Agreement is hereby referred to and made a part hereof as fully and tg the same extent as if copied at Iength herein consisting of: Chisholm Trail Road i 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. 'E �4 Page 1 0062004-2020 Payment Bona 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 6th day of August )2024 Smith Contracting Co.,Inc. SiriusPoint America Insurance Company Principal Surety 04 4'p Kenneth Nitsche i� Printed Name Printed Name By: -�-C By: Ti e: �.�esr�•-.f Title: Attorney In-Fact Address: 15308 Ginger Street Address: 1 World Trade Center 285 Fulton Street Austin,TX 78728 47th Floor,Suite 47J,New York,NY 10007 Resident Agent of Surety: Signature Kenneth Nitsche Printed Name 143 E.Austin Street Address _Giddings,TX 78942 City, State&Zip Code i 1' Page 2 006201-2020 Payment Bond J 00090656 f� NITGID01 0623 POWER OF ATTORNEY SIRIUSPOINT AMERICA INSURANCE COMPANY NEW YORK KNOW All.HIEN BY THESE PRESENTS:That SiriusPoint America Insurance Company,a New York corporation,having its principal office in the City of New York,pursuant to the following Resolution,which was adopted by the Board of Directors of the Company,to wit: RESOLVED,that the President,Senior Vice President,Chief Financial Officer,Secretary or Assistant Secretary is hereby authorized to execute Powers of Attorney appointing as attomeys-in-fact selected employees of certain surety companies who shall have the power for and on behalf of the Company to execute and affix the seal of the Company to surety contracts as co-surety. Does hereby nominate,constitute and appoint: Kenneth Nitsche,Robert James Nitsche,Robert K.Nitsche,Craig Parker,Gary Nitsche,Jennifer J.Biehle Its true and lawful attomey-in-fact,to make,execute,seal and deliver for and on its behalf,and as its act and deed;any and all bonds,contracts,agreements of indemnity,and other undertakings in suretyship(NOT INCLUDING bonds without a fixed penalty or financial guarantee bonds)and to bind the Company thereby as fully and to the same extent as if same were signed by the duly authorized officers of the Company,provided,however,that the penal sum of any one such instrument executed hereunder shall not exceed the sum of 550,000,000 single bond limit All acts of said attomeys-in-fact pursuant to the authorities herein given are hereby ratified and confirmed.The executive officers listed above in the Resolution may from time to time and at any time remove any such appointee and revoke the power given to him or her. The execution of such bonds or undertakings in pursuance of these presents,within one year of the date of issue of these presents,shall be binding upon said Company,as fully andamply,to all intents andpurposes,as if they had been duly executed and acknowledged by the regularly elected officers of the Company at its office in New York,New York,in their own proper persons. 1 N WITNESS WHEREOF,SiriusPoint America Insurance Company has caused its corporate seal to be hereunto affixed,and these presents to be signed by its Secretary this 17th day of August in the year 2023. SiriusPoint America Insure Company By: Melissa 1.Ralph Secretary Stale of New Jersey } 1 ss. County of Monmouth ) On this 1 T"day of August 2023,before me,a Notary Public of the State of New Jersey in and for the County of Monmouth duly commissioned and qualified,came Melissa J.Ralph,Secretary,ofSiriusPoint America Insurance Company,to me personally known to be the individual and officer described in, and who executed the preceding instrument,and acknowledged the execution of the same,and, being by me duly swom,deposeth and saith,that she is the officer of the Company aforesaid,and that the seal affixed to the preceding instrument as the corporate seal of said Company,and the said corporate seal and her signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said Company,referred to in the preceding instrument,is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal. [TNAEJA E LEWIS-SCOTTNOTARY PUBLIC Glary Pub STATE OF NEW JERSEY M,vC ion expiresY COMMISSION EXPIRES MARCH 31,2028 A..ka rc1— s I,ypz.F State of New Jersey COMMISSION•#50208541 County of Monmouth 1,Melissa J.Ralph,Secretary,of SiriusPoint America Insurance Company,a New York corporation,do hereby certify that the above and foregoing is a full,true correct copy of Power of Attorney,is still in force and effect and has not been revoked. IN WITNESS WHFRFOF,I have hereunto set my hand and affixed the seal of said Company this 6 day of August, 2024 sstpuuuurS� A IN ?(` LI C�''.�� \I,nsaJ Ralph =3' SEAL = kLretan 1979 h4trtN11111Wt1/", IMPORTANT NOTICE-TEXAS This bond has been issued by one of the North American Casualty Group and/or SiriusPoint America Insurance Company insurance carriers listed below: Continental Indemnity Company Illinois Insurance Company Pennsylvania Insurance Company California Insurance Company SiriusPoint America Insurance Company To obtain information or make a complaint: You may call the insurance carrier's toll-free telephone number for information or to make a complaint at: (877) 234-4420 Please send all notices of claim on this bond to: Applied Surety Underwriters - Surety Claims 10805 Old Mill Road Omaha, NE 68154 Phone: (877) 234-4420 Fax: (877) 234-4425 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(cD__tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Applied Surety Underwriters first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. AS-10010-NAC (05-2022) Client#: 21025 SMITHCON DATE(MM/DDIYYYY) ACORDT., CERTIFICATE OF LIABILITY INSURANCE 8106/2024 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 any rights to the certificate holder in lieu of such endorsement(s). PRODUCER !! CT NAME , Joyce Hinze The Nitsche Group PHONE 979-540-2240 F A/C,No Ext): AIC,No): 143 East Austin E-MAIL ADDRESS: ce JoYh@ TheNitscheGrouP•com Giddings,TX 78942-3299 INSURER(S)AFFORDING COVERAGE NAIC# 979 542-3666 INSURER A:National Fire Insurance Hartford 20478 INSUREDINSURER B:Continental Insurance Company 35289 M.A. Smith Contracting Company,lnc.dba Texas Mutual Insurance Company INSURER C: P Y 22945 dba Smith Contracting Co., Inc. Navigators INSURER D: 9 Specialty Insurance Company 36056 15308 Ginger Street INSURER E:Valley Forge Insurance Company 20508 Austin,TX 78728 INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE i POLICY EFF POLICY EXP /NSR ADDL SUBR LTR INSR WVD POLICY MM/DD MMIDD LIMITS A X COMMERCIAL GENERAL LIABILITY 7036633642 3/07/2024 03107/2025 EACH OCCURRENCE $110001000 _ CLAIMS-MADE i__XI OCCUR PREMISES EaEocccurrrence $100000 X PD Ded:1,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY a ECT LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $ E AUTOMOBILE LIABILITY BUA7036633625 3/07/2024 03/07/202 COMBINED SINGLE LIMIT Ea accident $1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED ONLY X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY Per accident $ B X UMBRELLA LIABX OCCUR CUE7036633639 0310712024 0310712025 EACH OCCURRENCE $5,00 OOO _ EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED X RETENTION$10000 $ C AND EMPLOYERS'LIABILITY WORKERS COMPENSATION 0001150807 0310712024 03/07/2025 X PER OTH- ANY PROPRIETOR/PARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? FNI N I 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 D Pollution-Opera SF23ECPZODKBAIC 3107/2023 03/07/202 $2,000,000110,000 Ded Pollution -Site $1,000,0001$25,000 Ded DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Chishohn Trail Road -North As per policy provision, Certificate Holder is listed as additional insured in regard to the auto and general liability policies as provided by additional insured endorsement when required by written contract. A waiver of subrogation endorsement is provided to the Certificate Holder in regard to the auto, general liability and workers compensation policies when required by written contract. (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E. Main St. ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD #S1122493/M1099186 066 i DESCRIPTIONS (Continued from Page 1) As per policy provision the general liability policy contains an endorsement with Primary and Noncontributory wording. General liability,auto and workers compensation policies include(s)a 30 Days Notice of Cancellation endorsement providing 30 days advance notice if policy is canceled by the company other than for nonpayment of premium,or direct cancellation by named insured as per policy provision. I SAGITTA 25.3(2016103) 2 of 2 #S11224931M1099186