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Contract - BGE, Inc. - 9/12/2024 BID COPY/ORIGINAL CITY OF ROUND ROCK Utilities and Environmental Services i ROUND ROCK TEXAS Project Manual For: SH 29 Raw Water Line Relocation (IH 35 to Wolf Ranch Pkwy) July 2024 APPROVED BY CITY ATTORNEY 14'g!' -N'%% 7/30/a0JL( Prepared By: i EOFr 'F;rgs 1 BGE, Inc. 101 West Louis Henna Blvd, „•,•ADAM•RANGES ,� Suite 400 /.� "'•••••••.. ... ;,•,� Austin, TX 78728 1-3956 seA�f SE�.. '�' �, Adan Rangel, P.E. �,S� • A�ENG — L Project Manager, Public Works 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 / 4-� ( )da} of October in the year 201A. BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City') 221 East Main Street Round Rock,Texas 78664 and the Contractor Austin Underground, Inc. ("Contractor') P.O. Box 5650 Laao Vista, TX 78645 The Project is described as: SH 29 Raw Water Line Relocation(1H 35 to Wolf Ranch The Engineer is: Adan Rangel,P.E. BGE,Inc. 101 W.Louis Henna Blvd,Suite 400 Austin,TX 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 42020 Pagel 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 )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($1,000.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than two hundred ten 2( 10 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be Three Million Three Hundred Forty Four Thousand Four Hundred Ninety Seven Dollars ($ 3,344,497.00 ),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 . Yes X .If yes,please provide details below. See Page 10 and 11 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 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 Sup lementary,Special,and other Conditions of the Contract are those contained in the Project Manual dated My 2024 7.1.4 The Specifications are those contained in the Project Manual dated July 2024 7.1.5 The Drawings,if any,are those contained in the Project Manual dated July 2024 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated July 2024 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 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 modified. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: Construction Plans 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: Rebecca Vento,P.E. 3400 Sunrise Rd. Round Rock,TX 78665 8.3 Contractor's representative is: Richard Vavro 18825 Packsaddle Rd. Jonestown, TX 78645 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 CONTRAC CITY RO D'7 K,TEXAS AUStI U r C. Printed Name: ((� printed Name: ichard Vavro Title V`)r Title: President Date Signed: nl Date Signed: 10/7/24 EST: City Clerk FOR CITY,APPROVED AS TO FORM: City Attorney 00500 42020 Page 5 of 5 Standard Form of Agreemcat 00443647 PERFORMANCE BOND Bond No: SUR2006337 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Austin Underground, Inc. , of the City of Jonestown County of Travis , and State of Texas , as Principal,and Frankenmuth 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 Three Million Three Hundred Forty Four Thousand Four Hundred Ninety Seven and 00/100 Dollars ($ 3,344,497.00 ) 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 12th day of September ,2024 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: SH 29 Raw Water Line Relocation(IH 35 to Wolf Ranch Pkwy) 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 42020 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 Full 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 18th day of September , 2024 AustirWnderground,Inc Frankenmuth Insurance Company Priv i a Surety 1 Cynthia Giesen Printed a Printed Name By: By: � �,c.IyuLt�u'aC & Title: Oe Title: Attomey-in-Fact Address: 18825 Packsaddle Road Address: One Mutual Avenue Jonestown, TX 78645 Frankenmuth, MI 48787 Resident Agent of Surety: z�� W. t� Signature Wesley M. Pitts Printed Name 7600-C N. Capital of Texas Hwy.,#200 Street Address Austin,TX 78731 City, State&Zip Code Page 2 00610 42020 Performance Bond 00443639 PAYMENT BOND Bond No: SUR2006337 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Austin Underground, Inc. , of the City of Jonestown County of Travis ,and State of Texas , as Principal,and Frankenmuth 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 Three Million Three Hundred Forty Four Thousand Four Hundred Ninety Seven and 00/100 Dollars($ 3,344,497.00 )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 12th day of September , 20 24 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- SH fSH 29 Raw Water Line Relocation(11135 to Wolf Ranch Pkwy) 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 18th day of September ,20 24 . Austin Underground, Inc. Frankenmuth Insurance Company Prin ' a Surety Cynthia Giesen Printed N Printed Name By: By: & ,v„Ctwo- &tum Title: r Title: Attomey-in-Fact Address: 18825 Packsaddle Road Address: One Mutual Avenue Jonestown.TX 78645 Frankenmuth MI 48787 Resident Agent of SuretyD: - 111,4..,,4 Signature Wesley M. Pitts Printed Name 7600-C N. Capital of Texas Hwy., #200 Street Address Austin,TX 78731 City, State&Zip Code Page 2 006201-2020 Payment Bond 00090656 FRANKENMUTH INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that Frankenmuth Insurance Company(the"Company"), a corporation duly organized and existing under the laws of the State of Michigan, having its principal office at 1 Mutual Avenue, Frankenmuth, Michigan 48787, does hereby nominate,constitute and appoint: Courtney J. Goulding, Cynthia Giesen, Keenan Lehmann, Bryant Ahmed, Scott D. Chapman Their true and lawful attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal, acknowledge and deliver any and all bonds, contracts and undertakings of suretyship, with the exception of Financial Guaranty Insurance,provided,however,that the penal sum of any one such instrument shall not exceed the sum of: Eighty Million and 00/100 Dollars($80,000,000) This Power of Attorney is granted pursuant to the following Resolution duly adopted at a meeting of the Board of Directors of Frankenmuth Insurance Company: "RESOLVED, that the President, Senior Vice President or Vice President and each of them under their respective designations, hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer of the Company, qualifying the attorney(s) named in the given power of attorney,to execute on behalf of,and acknowledge as the act and deed of Frankenmuth Insurance Company on all bonds,contracts and undertakings of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,the Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal herewatd''aP i ecl this day of N pV r. r, �p Q. C� 2 Frankenmuth I urance Company B Andrew H.Knudsen �' '. ' �it'•; ti President,Chief Operating Officer and Secretary STAT F MICHy�A ,• ) COUNT ,SAPINAW ) ss: Sworn to before me,a NotaryPubl is in the State of Michigan,by Andrew H.Knudsen,to me personally known to bethe individual and officer described in, and who executed the preceding instrument,deposed and said the Corporate Seal and his signature as Officer were affixed and subscribed to said instrument by the authority of the Company. IN TESTIMONY WHEREOF, I have set my hand,and affixed my Official Seal this _�� day of NG6�-L1n = �y rj .a0oZ3. �, (Seal) c Susan L. Fresorger,Notary Pub4c ?z ry 7s Saginaw County,Stale of Michigan � .,,i �2•i v+ O - My Commission Expires:April 3,2028 itt`C di1 � 1, the undersigned,Chief Executive Officer of Frankenmuth Insurance Company, do hereby certify that the fare 'ping is a trtf`e�f:orrect and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and is in force and effect as of this date. IN WITNESS WHEREOF,I have set my hand and affixed the Seal of the=Coma,,iy,this AsPhday of JX Fred rick A. Edmond,Jr. Chief Executive Officer ALL CORRESPONDENCE RELATED TO BOND VALIDATION AND/ORA CLAIMSHOULD BE DIRECTED TO VP SURETY, 701 U.S. ROUTE ONE,SUITE 1, YARMOUTH,ME 04096 IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDERS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call Frankenmuth Insurance Usted puede Ilamar al numero de telefono gratis Company toll-free telephone number for de Frankenmuth Insurance Company information or to make a complaint at: para informacion o para someter una queja al: 1-704-421-7002 1-704-421-7002 You may also write to Frankenmuth Insurance Usted tambien puede escribir a Frankenmuth Company at: Insurance Company: Frankenmuth Insurance Company One Mutual Frankenmuth Insurance Company One Avenue Mutual Avenue Frankenmuth, MI 48787 Frankenmuth, MI 48787 Puede comunicarse con el Departamento de You may contact the Texas Department of Seguros de Texas para obtener informacion Insurance to obtain information on companies, acerca de companias, coberturas, derechos o coverages, rights or complaints at: quejas al: 1-800-252-3439 1-800-252-3439 Puede escribir al Departamento de Seguros de You may write the Texas Department of Texas: Insurance: P.O. Box 149091 P.O. Box 149091 Austin, TX 78714-9091 Austin, TX 78714-9091 Fax: (512)490-1007 Fax: (512)490-1007 Web: http://www.tdi.texas.gov Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si PREMIUM OR CLAIM DISPUTES: tiene una disputa concerniente a su prima o a Should you have a dispute concerning your un reclamo, debe comunicarse con el premium or about a claim you should contact Frankenmuth Insurance Company the Frankenmuth Insurance Company primero. Si no se resuelve la disputa, puede first. If the dispute is not resolved, you may entonces comunicarse con el departamento contact the Texas Department of Insurance. (TDI). ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. 00 ML0042 44 04 16 Page 1 of 1 Client#: 106054 AUSTIUND DATE(MM/DDIYYYY) ACORD.. CERTIFICATE OF LIABILITY INSURANCE 1 9118/2024 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(les)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 NAME CONTACT Cindy Ellis _ __ _ USI Southwest Austin PHONE 512 651-4164 Fax 512 467-0113 (AIC,No,E,): (AIC,No): 7600-C N. Capital of TX Hwy#200 EMAIL ADDRESS: CindY Ellis usi.com Austin,TX 78731 INSURER(S)AFFORDING COVERAGE NAIC# 512 451-7555 tY Company Cincinnati Casual Com an 28665 INSURERA: INSURED INSURER B: Austin Underground, Inc. INSURER C P. O. Box 5650 — Lago Vista, TX 78645-5650 INSURER D 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. �TR TYPE OF INSURANCE ADDLSUBR NSR WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EPP0624393 8/01/2024 08/01/2026 EEAACHOCCCURRENCE $1000000 CLAIMS-MADE a OCCUR POEM.occurrrence $500,000 X PD Dedt: $1,000 MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s2,000,000 PRO- —1 POLICY F X]ECT F LOC PRODUCTS-COMP/OP AGG s2,000,000 OTHER: $ A AUTOMOBILE LIABILITY EBA0624393 8/01/2024 0810112025 COMBINED SINGLE Ea acddent 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS — - HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY X AUTOS ONLY Per ac Idem $ A X UMBRELLA LIAB X OCCUR EPP0624393 8/01/2024 08101/2025 EACH OCCURRENCE s6,000,000 JEXCESS LIAR CLAIMS-MADE AGGREGATE s6,000,000 ZDED RETENTION$ I $ A WORKERS COMPENSATION EWC0624395 8/01/2024 08/01/202 X PER OTH- TLIT, ER AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE YIN N E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? F 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 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: SH29 Raw Water Line Relocation (IH 35 to Wolf Ranch Pkwy). The General Liability and Auto policies include blanket automatic Additional Insured endorsements that provide Additional Insured status to the Certificate Holder(and other entities as required by the Prime Contract), only when there is a written contract that requires such status and only with regard to work performed on behalf of the named insured. The General Liability, Auto and Workers Compensation policies (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Round Rock SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 221 E. Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Round Rock,TX 78664 AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) 1 of 2 The ACORD name and logo are registered marks of ACORD #S46221625/M45647766 DAMHB DESCRIPTIONS (Continued from Page 1) provide a Blanket Waiver of Subrogation in favor of the same when required by written contract. Coverage is Primary and Non-Contributory,when required by written contract. Umbrella is follow-form coverage. 30 days notice of cancellation applies,when required by written contract,with the exception of 10 days notice of cancellation due to nonpayment of premium, per policy form. SAGITTA 25.3(2016103) 2 of 2 #S46221625/M45647766