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R-2024-282 - 10/24/2024 RESOLUTION NO. R-2024-282 WHEREAS, the City of Round Rock entered into a contract on December 21, 2023 with SpawGlass Contractors, Inc., entitled "Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of Work Plus a Fee with a Guaranteed Maximum Price"("Agreement'),and such contract is for the Old Settlers Park Buildout Project—Tennis & Pickleball Courts (Package 3B); and WHEREAS, the terms of said Agreement require the submission of an Exhibit "A" to the Agreement titled, "Guaranteed Maximum Price Amendment' ("Amendment'); and WHEREAS,the City Council wishes to accept and execute said Amendment to the Agreement, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute, on behalf of the City, Guaranteed Maximum Price Amendment to the Agreement with SpawGlass Contractors, Inc. for the Old Settlers Park Buildout Project — Tennis & Pickleball Courts (Package 3B), a copy of said Amendment being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date,hour,place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of October, 2024. CRAI6 MOR AN, Mayor City of Roun Rock,Texas ATTES I A-A-1 ANN KL , City Clerk 0112.20242;4892-6540-3630 EXHIBIT „A„ @.-�-AIA Document A133' - 2019 Exhibit A Guaranteed Maximum Price Amendment This Amendment dated the day of in the year ,is incorporated into the accompanying AIA Document A 133T.M 2019,Standard Form of Agreement Between Owner and Construction Manager as Constructor where the basis of payment is the Cost of the Work Plus a Fee with a Guaranteed Maximum Price dated the day of in the year (the ADDITIONS AND DELETIONS: The author of this document has "Agreement") added information needed for is (In words, indicate(lay, month, andYear.) completion The author may also for uric following PROJECT: have revised the text of the ong na AIA standard form.An Additions and (Name and address or location) Deletions Report that notes added information as well as revisions to the Old Settlers Park Buildout Package 3B Tennis& Pickleball Courts standard form text is available from Old Settlers Park 3300 E Palm Valley Blvd, Round Rock,TX 78665 the author and should be reviewed A vertical line in the left margin of this THE OWNER: document indicates where the author (Name, legal stales, and address) has added necessary Information and where the author has added to or City of Round Rock deleted from the original AIA text. 221 East Main Street,Round Rock,TX 78644 This document has important legal THE CONSTRUCTION MANAGER: consequences Consultation with an attorney is encouraged with respect (Nanre, legal status, and urldrers) to its comp etion or modification SpawGlass Contractors, Inc. AIA Document A201' -2017 1 1 1 1 Smith Road,Austin,TX 78721 General Conditions of the Contract for Construction,is adopted in this TABLE OF ARTICLES document by reference.Do not use with other general conditions unless A.1 GUARANTEED MAXIMUM PRICE this document is modified A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION A.3 INFORMATION UPON WHICH AMENDMENT IS BASED A.4 CONSTRUCTION MANAGER'S CONSULTANTS,CONTRACTORS,DESIGN PROFESSIONALS,AND SUPPLIERS ARTICLE A.1 GUARANTEED MAXIMUM PRICE § A.1.1 Guaranteed Maximum Price Pursuant to Section 3.2.6 of the Agreement,the Owner and Construction Manager hereby amend the Agreement to establish a Guaranteed Maximum Price. As agreed by the Owner and Construction Manager,the Guaranteed Maximum Price is an amount that the Contract Sum shall not exceed. The Contract Sum consists of the Construction Manager's Fee plus the Cost of the Work,as that term is defined in Article 6 of the Agreement. § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Thirteen Million Nine Hundred Seventy One Thousand Eight Hundred Ninety Eight Dollars and No Cents ($ 13,971,898.00 ),subject to additions and deductions by Change Order as provided in the Contract Documents. Init. AIA Document At 33—2019 Exhibit A.Copyright©1991,2003.2009,and 2019 All rights reserved 'The American Institute of Architects''Amencan Instilute of Architects,"AIA,'the AIA Logo,and'AIA Contract Documents"are trademarks of The American Institute of Archilecls.This document was produced al 13.27 37 1 ET on 09/27/2024 under Order No.4104243609 which expires on 10/0312024,is not for resale,is licensed for one-time use only and may only be used in 1 accordance with the AIA Contract Documents°Terms of Service'To report copyright violations,e-mail docrnfo@aiacontracls com User Notes: (845568069) § A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an itemized statement of the Guaranteed Maximum Price organized by trade categories,including allowances;the Construction Manager's contingency;alternates;the Construction Manager's Fee;and other items that comprise the Guaranteed Maximum Price as defined in Section 3.2.1 of the Agreement. (Provide itemized statement below or r%r•ence car attacluuerrt.) Reference attached GMP Package TAB 06 § A.1.1.3 The Construction Manager's Fee is set forth in Section 6.1.2 of the Agreement. § A.1.1.4 The method of adjustment of the Construction Manager's Fee for changes in the Work is set forth in Section 6.1.3 of the Agreement. § A,1.1.5 Alternates § A.1.1.5.1 Alternates,if any,included in the Guaranteed Maximum Price: Item Price § A.1.1.5.2 Subject to the conditions noted below,the following alternates may be accepted by the Owner following execution of this Exhibit A.Upon acceptance,the Owner shall issue a Modification to the Agreement. (Insert below each alternate and the conditions that must he met for the Chvner to accept the alternate.) Item Price Conditions for Acceptance §AA.1.6 Unit prices,if any: (Identify the item and state the tacit price and quantin-limitations, if arrv, to which the unit price will be applicable) Item Units and Limitations Price per Unit($0.00) ARTICLE A.2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION § A.2,1 The date of commencement of the Work shall be (Check are of the follo►ving bores.; [ I The date of execution of this Amendment. [X ] Established as follows: (insert a(late or•a means to determine the date of commencement gl'the Work.) December 271',2024 If a date of commencement of the Work is not selected,then the date of commencement shall be the date of execution of this Amendment. § A.2.2 Unless otherwiw provided,the Contract Time is the period of time,including authorized adjustments,allotted in the Contract Documents for Substantial Completion of the Work.The Contract Time shall be measured from the date of commencement of the Work. § A.2.3 Substantial Completion § A.2.3.1 Subject to adjustments of the Contract Time as provided in the Contract Documents,the Construction Manager shall achieve Substdnual Completion of the entire Work: (Check one of theJollou ing bo.tes and complete the necessaq infirrnlation) [ ] Not later than ( )calendar days from the date of commencement of the Work. t AIA Document A133—2019 Exhibit A.Copyright©1991,2003.2009,and 2019.All rights reserved.'The American Institute of Architects.''American Institute of Architects,"AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 13:27 37 2 ET on 09/27/2024 under Order No.4104243609 which expires on 10/0312024,is not for resale,is licensed for one-time use only and may only be used in t accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (845568069) IX ] By the following date: October 29,2025 § A.2.3.2 Subject to adjustments of the Contract Time as provided in the Contract Documents,if portions of the Work are to be completed prior to Substantial Completion of the entire Work,the Construction Manager shall achieve Substantial Completion of such portions by the following dates: Portion of Work Substantial Completion Date § A,2.3.3 If the Construction Manager fails to achieve Substantial Completion as provided in this Section A.2.3,liquidated damages,if any,shall be assessed as set forth in Section 6.1.6 of the Agreement. ARTICLE A.3 INFORMATION UPON WHICH AMENDMENT IS BASED § A.3.1 The Guaranteed Maximum Price and Contract Time set forth in this Amendment are based on the Contract Documents and the following: § A,3.1.1 The following Supplementary and other Conditions of the Contract: Document Title Date Pages § A.3.1.2 The following Specifications: (Either list the Specificatians here, or reicr to an erltibit attached to this Amendment.) I Tennis&Pickleball Center 1000•9 Construction Documents Technical Specifications ass issued by Kimley Hurn on July 1%1,2024 Section Title Date Pages § A.3,1.3 The following Drawings: (Either list the Drawings here, or refer to an exhibit attached to this Antendmeni.) 1 Tennis& Pickleball Center— 100%Bidding Documents as issued by Kimlcy Horn on August Ill,2024 Tennis&Pickleball Center-Addendum No. 1 as issued by Kimley Horn on August 301h,2024 Number Title Date § A,3.1.4 The Sustainability Plan,if any: (/f the GAvner identified a Sustainable Obiecfive in the Owner's Criteria, ident Ji-the document or docuntettis that comprise the Sustainability Plan b),title,date and number of pages,and include other identVj-ing btfol-ination. The Sustainability Plan identifies and describes the Sustainable Ol jective, the targeted Sustainable Aleusures; implementation strategies selected to achieve the Sustainable.Measures; the Owners and Construction Manager's roles and responsibilities associated is ith achieving the Sttrtatnable Mectsttres;the.specyic details about design reviews,testing or nietrics to verify achieventent of each Sustainable Measure;and the Sustautabilitr Documentation required for the Project,as those terms are defined tit Exhibit C to the Agi-eeatent.) Title Date Pages Other identifying information. § A.3.1.5 Allowances,if any, included in the Guaranteed Maximum Price: (Identift each allowances.) tMl AIA Document A133—2019 Exhibit A.Copyright©1991,2003,2009,and 2019.All rights reserved."The American Institute of Architects,""Amencan Institute of Architects,""AIA,"the AIA Logo,and'AIA Contract Documents"are trademarks of The American Institute of Architects This document was produced at 13 27.37 3 ET on 09/27/2024 under Order No.41042436D9 which expires on 1010312024,is not for resale,is licensed for one-time use only,and may only be used in t accordance with the ALA Contract Documents°Terms of Service.To report copyright violations,e-mail docinfoCaiacontracts com User Notes: (845568069) Item Price Pcrinanent Fencing Allowance $100,000.00 § A.3.1.6 Assumptions and c:arifications, If any,upon which(he Guaranteed Maxinlum Price 1s based: (1dentifv each as,en►nption and c•lari/icalion.) Reference attached GMP Package- TAB 05 § A.3.1.7 The Guaranteed Maximum Price is based upon the following other documents and information (List can•other-documents o►•intormution here,or rc%r to an exhibit attached to this Amendment) ARTICLE AA CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS § A.4.1 The Construction Manager sha:l retain the consultants,contractors,design professionals,and suppliers,identified below: (Litt pante,discipline, address, and other-hiftwinaGnn) This Amendment to the Agreement entered into as of the day and year f► Taten a OWNER(Signature) C CTI (Signattrre) Craig Morgan Mayor David P, ivision President (Pri»ted name and Title) rated nen»e and title) Init. AIA Document A133—2019 Exhibit A.Copyright®1991,2003,2009.and 2019.All nghts reserved.'The American Institute of Architects;"American Institute of Architects;'AIA,'the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects.This document was produced at 13:27 37 4 ET on 09/27/2024 under Order Ne.4104243609 which expires on 1010312024,is not for resale,is licensed for one-time use only,and may only be used in t accordance with the AIA Contract Documents°Terms of Service.To report copyright violations,e-mail docinfoplaiacontracts.eom. User Notes: (845568069) Additions and Deletions Report for AIA' Document A 133°- 2019 Exhibit A This Additions and Deletions Rep irt,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document n order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 13:27:37 ET on 09,27;2024. PAGE 1 Old Settlors Park Buildout Packaac 3B Tennis&Pickleball_Courts_ Old Settlers-Park 3300 E Palm Valley Blvd,Round Rock,TX 78665 COy of Round Rock 221 East Main Street,Round Rock,TX 78644 SpawGlass Contractors,Inc. 111 I Smith Road,Austin,TX 78721 § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Thirteen Million Nine Hundred Seventy One Thousand Eight Hundred Ninety Eight Dollars and No Cents (S 13,97 1 898.00 ),subject to additions and deductions by Change Order as provided in the Contract Documents. PAGE 2 Reference attached GMP Package TAB 06 ( X ] Established as follows: December 2711,2024 PAGE 3 [X ] By the following date: October 29,2025 Tennis& Pickleball Center— 100%Construction Documents Technical Specifications ass issued by himley Born on July I'1.2024 Tennis& Pickleball Center 100%Bidding Documents as issued by Kimlcy Horn on August I 2024 Tennis& Pickleball Center-Addendum No. I as issued by Kimley Hum on August 30", 2024 Additions and Delebons Report for AIA Document A133—2019 Exhibit A.Copyright€J 1991,2003,2009,and 2019 All rights reserved 'The American Inst lute of Architects,''American Institute of Architects,"AIA"the AIA Logo,and'AtA Contract Documents"are trademarks of The American Institute of Architects.This document was produced at 13:27:37 ET on 09127/2024 under Order No.4104243609 which expires on 10!0312024,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents Terms of Service To report copyright violations,e-mail doanfo@aiacontracts.com User Notes: 1845568069) PAGE 4 Pennanent Fencl»e Allowance $100,00000 Reference attached GMP Package TAB 05 Craig Moan Mayor David Paden Division President Additions and Deletions Report for AIA Document A133-2019 Exhibit A Copyright®1991,2003.2009,and 2019.All rights reserved.'The American Institute of Architects," American Institute of Architects,' AIA.'the AIA Logo and'AIA Contract Documents"are trademarks of The American Institute of Architects.This 2 document was produced at 13.27:37 ET on 09/27/2024 under Order No 4104243609 which expires on 1010312024,is not for resale,is licensed(or one-time use only and may only be used in accordance with the AIA Contract Documents`Terms of Service.To report copyright violations,email docinfo@aiacontracts.com User Notes: (845560069) Certification of Document's Authenticity AJA®Document D401 Tm — 2003 I,David Paden,hereby certify,to the best of my knowledge,information and belief,that I created the attached tonal document simultaneously with its associated Additions and Deletions Report and this certification at 13:27:37 ET on 09:27/2024 under Order No.4104243609 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA` Document A 133T.m 2019 Exhibit A.Guaranteed Maximum Price Amendment,other than those additions and deletions shown in the associated Additions and Deletions Report. r (rifle) 13o/toz� (Dated) AIA Document 0401 2003 Copyright z:-1992 and 2003.All rights reserved. The American Institute of Archilecls,'"American Institute of Architects,-'AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of Architects This document was produced at 13'27:37 ET on 09127/2024 under Order No 4104243609 which expires on 10'0312024,is not for resale,is icensed for one-tune use only,and may only t>e used in accordance with the AIA Contract Documents',Terms of Service To report copyright violations,e-mail docinfo@aiacontracts corn User Notes: (845568069) AC" CERTIFICATE OF LIABILITY INSURANCE DATE(MMrDD-YYYV( 11 1 9/30/2024 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 rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT CT NAME: Mirta Tamez Adams Risk Management Services,LLC PHONEFAX Adams Insurance Service, Inc. (ArC,No,EXU: (713)869-8346 (ac,No):(713)869-9144 427 W.20th Street, Suite 500 ADDRESS. mtamez@adamsins.corn Houston TX 77008 INSURER(S)AFFORDING COVERAGE NAIC Y INSURER A American Contractors Insurance Co.RRG 12300 INSURED 'A.MIN 0 INSURER B ACIG Insurance Company 19984 SpawGlassContractors, Inc. 1111 Smith Road INSURER C Travelers Lloyds Insurance Company 41262 Austin,TX 78721 INSURER D Valley Forge Insurance Com any 20508 INSURER E;The Continental Insurance Company 35289 INSURER F COVERAGES CERTIFICATE NUMBER:2062867945 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUER POLICY EFF POLICY EXP LTR POLICY NUMBER MMlDD/YYY MM/DD/YVYY LIMITS A X COMMERCIAL GENERAL LIABILITY Y Y GL24ABC00046 6/1/2024 I 611/2025 EACH OCCURRENCE 1510,000.000 CL.AIMSMADE X OCCURi DAMAWTO RENTEbf (_PREMISES(Ea octurrentel 1 S 100.000 MED EXP(Anyone person) 1$5,000 _PERSONAL b ADV INJURY [S 10,000.000 GENT AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE l$10,000.000 POLICY X JEo LOC PRODUCTS COMPiOP AGG ( $10,000,000 I OTHER. I Is D AUTOMOBILE LIABILITY Y Y BUA7033775896 6/112024 6/112025 JE O aces EDtSINGLE LIMIT $5,000,000 X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident) E X HIRED X NON OWNED PROPERTY DAMAGE I S AUTOS ONLY AUTOS ONLY Per acciden Is EUMBRELLALIAO X OCCUR Y Y CUE7034067095 6/1/2024 6/1/2025 EACH OCCURRENCE $10,000,000 X EXCESS UAB CLAIMS MADE AGGREGATE IS10,000,000 DED RETENTIONS I $ B WORKERS COMPENSATION Y WCA000008324 61112024 6/1/2025 X I PER 0TH AND EMPLOYERS'LIABILITY Y i N STAT TE ER ANYPROPRIE TOR.PAR7NER'E XECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICE RrMEMBEREXCIAL N r A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 IIas,describe under - DESCRIPTION OF OPERATIONS below I E.L.DISEASE-POLICY LIMIT 1$1.000,000 C EQUIPMENT FLOATER I OT-630.7625835-0-TLC-24 6/1/2024 6/1/2025 PER ITEM 1.500,000 LEASEDiRENTED AGGREGATE 3.000,000 DESCRIPTION OF OPERATIONS LOCATIONS VEHICLES (ACORD 105,Additional Remarks Schedule,may be attached if more space Is required) The Automobile policy includes the lot owing endorsements, 1)CNA63359-Blanket Additional Insured as required by written r.ontract executed prior to the bodily Injury or property damage 2)CNA63359-B ankel Waiver of Subrogation as required by written contract executed prior to the bodily injury or property damage 3)CNA63359&CNA71527-Primary Non-Contributory basis only when required by a written contract prior to Accident or Loss.4)CNA68021 -Noti-e of Cancellation-30 days blanket as required by written Contract The General Liability policy includes the following endorsements 1)1170-Additional Ins.ired-Automalic Status as required by C.,nlracl-Blanket-Who is an insured is amended to include as Additional Insured any person or c:rganizatlon when you have agreed in a written contract that such person or organization be added as an additional insured on your policy.The endorsement a'so provides for the coverage to apply on a primary and non-contributory basis for ongoing See Attached CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Round Rock 221 East Main Street Round Rock TX 78644 ALIT REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD COMMERCIAL INLAND MARINE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET LOSS PAYEES This endorsement modifies insurance provided under the COMMERCIAL INLAND MARINE COVERAGE PART The following is added to Section E — ADDITIONAL b. Pay any claim for loss or damage jointly to you COVERAGE CONDITIONS: and the Loss Payee as your interests may Loss Payable Provision appear In the event of a Covered Cause of Loss to Covered This endorsement applies to all Covered Property for Property in which both you and a Loss Payee share which a Loss Payee is on file with us or your an insurable interest, we will: insurance agent or insurance broker. a. Adjust the loss or damage with you;and SpawGlass Contractors, Inc., SpawGlass Construction Corp., SpawGlass Civil Construction, Inc., Westland Equipment and Supplies, LLC Travelers Property& Casualty Co. Policy No. QT-630-7625B35-0-TLC-24 CM 0616 05 21 2021 The Travelers Indemnity Company Page 1 of 1 Includes copyrighted material of Insurance Services Office Inc with its permission AGENCY CUSTOMER 10: SGADMIN-01 LOC 0: ACoR" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Adams Risk Management Services,LLC SpawGlass Contractors,Inc. 1111 Smith Road POLICY NUMBER Austin,TX 78721 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE and completed operations when required by written contract.2)205-Blanket Waiver of Subrogation when required in a written contract or agreement, 3)336- Notice of Cancellation,Nonrenewal or Material Change-30 days blanket as required by written contract.4)9-Aggregate Limits of insurance Per Project. The Workers'Compensation policy includes the following endorsements 1)WC990304-Waiver of Subrogation-Blanket waiver for any person or organization for whom the named insured has agreed in a written contract to furnish the waiver.2)WC420601-Notice of Cancellation-30 days blanket as required by written contract. The Umbrella/Excess Liability policy applies in excess and follows form of the underlying General Liability,Automobile Liability and Employers Liability policies above including the terms of any additional insured,waiver of subrogation and 30 day notice of cancellation endorsements.The policy follows the terms and conditions of such underlying policies unless they are inconsistent with the terms of the policy The Equipment Floater policy includes a Blanket Automatic Loss Payee Endorsement CMU618 that provides Loss Payee status to the Certificate Holder only when there is a written contract between the Named Insured and the Certificate Holder that requires such status. Re.Project Old Settlers Park Buildout,Package 3B-Tennis and Pickleball Courts 90%CD Drawings,3300 E Palm Valley Blvd Round Rock,TX 78665 ACORD 101 (2008101) 2008 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD ADDITIONAL INSURED - AUTOMATIC STATUS '"0 AS REQUIRED BY CONTRACT - BLANKET This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Any person or organization that you are required by written contract to include as an additional insured on this policy if the contract is executed prior to the loss. A Section II,Who Is An Insured is amended to include as an additional insured any person or organization shown in the above SCHEDULE (called additional insured),but on y with respect to,iabddy f(ir'bodily injury',"property damage"or-personal and advertising injury"ansing out of your premises or your operations for the additional insured and only to the extent and for the minimum limits required in the wrlten contract B. The insurance provided to the add tional insured is subject to the following limitations 1 Unless a written contract specifically requires add tional insured coverage for your completed operations this insurance does not apply to"bodily injury"or"property damage`occurring after"your work"for the additional insured has been completed or after that portion of .your work'out of which the"bodily injury"or property damage'arises has been put to its intended use by any person or organ zation. whichever occurs first 2 Unless specifically required by written contract,this insurance provides additional insured coverage only for iiabitily for bodily in.ury", "property damage"or"personal and advertising injury"to the extent caused by the named insured's acts or omissions or the acts or omissions of those acting on the named insured s behalf 3 This insurance does not apply to"bodily injury','property damage"or'personal and advertising injury"for which the addit onal insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement except to the extent that the additional insured would have been obligated to pay such damages in the absence of the contract or agreement 4 This insurance does not apply to'bodily injury", 'property damage"or 'personal and advertising injury"ansing out of the rendering or failure to render any professional services by any insured or on any insured's beha f,including: a) The preparing, approving or failing to prepare or approve maps,shop drawings opinions,reports, surveys, field orders,change orders,drawings or specificationsor b) Supervisory,inspection,architectural,or engineering services. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision hiring,employment,training or monitoring of others by that insured,if the"occurrence"which caused the"bodily injury or property damage",or the offense which caused the personal and advertising injury',involved the rendering of. ;u the failure to render,any professional architectural,engineering or surveying services 5. This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to the pol�.y specifically applies to that person or organization. 6 The insurance afforded herein only applies to the extent permitted by applicable state law, including statutes governing add tional insured coverage in the e onstructlon industry 7. The nsurance afforded to the additional insured sha I not exceed the minimum limits required in the written contraA C. In no event shall the insurance provided to the additional insured exceed the minimum coverage required by the written contract,including but not limited to minimum limits minimum scope of coverage,or min mum duration of coverage If a written contract or agreement requires that additional insured status be provided by the use of specified edition dates of the ISO CG2010 and or CG2037, then the terms of that endorsement are incorporated into this endorsement as respects such additional insured and shall supersede the :.overage grant and limitations in Sections A and B. of this endorsement In the event that CG2010 and'or CG2037 are requ red but no ed 6.-n dates are specified the 04113 editions shall apply D This insurance is excess to any other insurance, whether primary excess, contingent or on any other bass. available to the additional insured unless a written contract requires that this insurance be primary or primary and non contributing However,this insurance is always excess to other insurance whether primary,excess,contingent or cn any other basis when the additional insured has been added to the other insurance as an additional insured. Nothing herein contained shall be held to vary,alter,waive or extend any of the term; ::onddions provisions agreement,or I mdaUnns o'the mentioned Policy,other than as above staled. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Effective: 6x12024 Policy No: GL24ASCO0046 Insured: SpawGlass Contractors Inc.,SpawGlass Construction Corp., SpawGlass Civil Construction, Inc., Westland Equipment and Supplies LLC Insurance Company American Contractors Insurance Company Risk Retention Group los WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Persons or Or anization s : Any person or organization for whom you have agreed by written contract to furnish this waiver. Section IV— Commercial General Liability Conditions, 14. Transfer of Rights of Recovery Against Others to Us Condition is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or"your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Effective: 611!2024 Policy No GL24ABC00046 Insured: SpawGlass Contractors,Inc.,SpawGlass Construction Corp, SpawGlass Civil Construction, Inc.,Westland Equipment and Supplies, LLC Insurance Company: American Contractors Insurance Company Risk Retention Group NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the foliowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART The certificate of insurance holders shown in the schedule below have requested that they receive written notice of cancellation, nonrenewal or material change with respect to this policy. If we decide to cancel, nonrenew or make a material change to this policy, we agree to mail or deliver sixty(60) days advance written notice to the certificate of insurance holders shown in the schedule below. However, if we are cancelling or nonrenewing due to nonpayment of premium, we will only provide the certificate of insurance holders shown in the schedule below with ten (10)days advance written notice. The notice of cancellation, nonrenewal or material change will be mailed to the addresses provided to us by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide notice of cancellation, nonrenewal or material change to the certificate of insurance holders shown in the schedule below. SCHEDULE All certificate of insurance holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit or agreement with the Named Insured. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effect ve on the date issued unless otherw,se stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Effect ve 6/112024 Policy No.: GL24ABC00046 Insured: SpawGlass Contractors, Inc., SpawG�ass Construction Corp., SpawGlass Civil Construction, Inc, Westland Equipment and Supplies, LLC Insurance Company: American Conlra�tors Insurance Company Risk Retention Group AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is hereby understood and agreed the General Aggregate Limit under Section III, Limits of Insurance of the Coverage Form applies separately to each of your projects away from premises owned by or rented to you. Nothing herein contained shall be held to vary, alter, waive or extend any of the terms, conditions, provisions, agreements or limitations of the mentioned Policy, other than as above stated. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Policy Effective 6.1-2024 Policy No.: GL24ABC00046 Insured SpawG ass Contractors, inc., SpawGlass Construction Corp., SpawGlass Civil Construction, Inc Westland Equipment and Supplies, LLC Insurance Company American Contractors Insuran,�e Company Risk Retention Group CNAusiness Auto Policy SpawGlass Contractors, Inc[nc,SpawGlass Construction Corp., SpawGlass Civil Construction,Inc,Westland Equipment and Supplies,LLC CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS ' THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM I. LIABILITY COVERAGE A�Who�IsAn nsured The following is added to Section 11, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an insured under any other liability "policy" providing auto coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception date, whichever is earlier. b. Does not apply to: (1) Bodily injury or property damage caused by an accident that occurred before you acquired or formed the organization; or (2) Any such organization that is an insured under any other liability "policy" providing auto coverage. ny person or organization that you are required by a written contract to name as an additional Insured is an insured but only with respect to their legal liability for acts or omissions of a person, who qualifies as an insured under SECTION II - WHO IS AN INSURED and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and noncontributory to insurance on which the additional insured is a Named Insured. 4. An employee of yours is an insured while operating an auto hired or rented under a contract or agreement in that employee's name, with your permission, while performing duties related to the conduct of your business. "Policy", as used In this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1. Which are no longer in force, or 2. Whose limits have been exhausted. B. Bail Bonds and Loss of Earnings Section 11, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds Is changed from $2,000 to $5,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. Form No CNA63359XX (04 2012) Policy No: BUA 7033775896 Underwriting Company Valley Forge Insurance Company Policy Effective Date: 06 01 2024 Copyright CNA Al Rights Reserved. Includes copyrighted materia of the Business Auto Policy SNA /� Policy Endorsement C. Fellow Employee Section II, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. If. PHYSICAL DAMAGE COVERAGE A. Glass Breakage - Hitting A Bird Or Animal - Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered auto, any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. D. Hired "Autos" The following is added to Section III. Paragraph A.: 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered auto you lease, hire, rent or borrow without a driver; and b. Any covered auto hired or rented by your employee without a driver, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one accident or loss is the actual cash value, cost of repair, cost of replacement or $75,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to loss caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned autos. e. Such physical damage coverage for hired autos will: (1) Include loss of use, provided it is the consequence of an accident for which the Named Insured is legally liable, and as a result of which a monetary loss Is sustained by the leasing or rental concern. (2) Such coverage as Is provided by this provision will be subject to a limit of $750 per accident. E. Airbag Coverage The following is added to Section Ill, Paragraph B.3.' The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX 104 20121 Policy No:BUA 7033775896 Underwriting Company: Valley Forge Insurance Company Policy Effective Date06'01 2024 Copyr ght CNA A i R.ghts Reserved. Includes copyrighted material of the Business Auto Policy CNA Policy Endorsement F. Electronic Equipment Section III, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered auto also applies to loss to any permanently installed electronic equipment including its antennas and other accessories d. A $100 per occurrence deductible applies to the coverage provided by this provision. G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the diminution in value exclusion does not apply to: a. Any covered auto of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered auto of the private passenger type hired or rented by your employee without a driver for a period of 30 days or less, under a contract in that individual employee's name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a diminution in value loss arising directly out of accidental damage and not as a result of the failure to make repairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for loss to a covered auto in any one accident is the lesser of: (1) $5,000; or (2) 20% of the auto's actual cash value (ACV). Ill. Drive Other Car Coverage - Executive Officers The following is added to Sections li and III: 1. Any auto you don't own, hire or borrow is a covered auto for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers", except: a. An auto owned by that "executive officer" or a member of that person's household; or b. An auto used by that "executive officer" while working in a business of selling, servicing, repairing or parking autos. Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered auto; and (21 Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse. Such "executive officers" are insureds while using a covered auto described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: Form No: CNA63359XX 104 20121 Policy No:BUA 7033775896 Underwriting Company: Valley Forge Insurance Company Policy Effective Date: 06101'2024 Copvr ght CNA A I Rights Reserved. Includes copyrighted mater al of the CNA Business Auto Policy Policy Endorsement (41 Your employees may know of an accident or loss. This will not mean that you have such knowledge, unless such accident or loss is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your employees may know of documents received concerning a claim or suit This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are cutive officers or partners or your insurance manager. 6. Transfer Of Rights Of Recovery Against Others To Us le SeGOers+lf; rap A.S. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an accident or loss. C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph 8.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not -- - 7Othe7r yv spect to the coverage afforded provided such failure or omission is not intentional. CD. urance vr+rg-'rs ed to Section IV, Paragraph B.S.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to Accident or Loss. E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. V. DEFINITIONS Section V. paragraph C. is deleted and replaced by the following: Bodily injury means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. Form No. CNA63359XX 104 20121 Policy No:SUA 7033775896 Underwriting Company Valley Forge Insurance Company Policy Effective Date 06101:2024 Copyright CNA A I R ghts Reserved. Includes copyrighted material of the CNA Business Auto Policy olicy tient ' NOTICE OF • TO CERTIFICATE HOLDERS It is understood and agreed that: If you have agreed under written contract to provide notice of cancellation to a party to whom the Agent of Record has issued a Certificate of Insurance, and if we cancel a policy term described on that Certificate of Insurance for any reason other than nonpayment of premium, then notice of cancellation will be provided to such Certificateholders at least 30 days in advance of the date cancellation is effective. If notice is mailed, then proof of mailing to the last known mailing address of the Certificateholder on file with the Agent of Record will be sufficient to prove notice. Any failure by us to notify such persons or organizations will not extend or invalidate such cancellation, or impose any liability or obligation upon us or the Agent of Record. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. SpawGlass Contractors, [tic.,SpawGlass Construction Corp., SpawGlass Civil Construction,[tic.,Westland Equipment and Supplies,LLC Form No: CNA68021 XX (02 2013) Policy No:BUA 7033775696 Underwriting Company: Valley Forge Insuran.,e Company Policy Effective Date:06101:2024 Copyright CNA All R ghts Reserved Business Auto Policy CNA Policy Endorsement ' ADDITIONAL INSURED • NON-CONTRIBUTORY, + • It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Person Or Organization ANY PERSON OR ORGANIZATION THAT YOU ARE REQUIRED BY WRITTEN CONTRACT OR WRITTEN AGREEMENT TO NAME AS AN ADDITIONAL INSURED 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II - LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the "accident" for which the additional insured seeks coverage under this policy. All other terms and conditions of the policy remain unchanged This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy. Form No: CNA71527XX (10-2012) Policy No: BUA 7033775896 Underwriting Company: Valley Forge Insurance Company Policy Effective Date:06/01'2024 Insured:SpatvGlass Contractors,Inc.,Spaw0ass Construction Corp., SpawGlass Civil Construction.Inc.,Westland Equipment and Supplies,I.I.C. Copyright CNA All Rights Reserved. TEXAS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY WC 99 03 04 (Ed. 04-07) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the polv-y because Texas is shown in Item 3.A. of the Information Page. We have the right to re.-.over our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organ`zation named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obta n this waiver. This waiver does not extend to the statutory right of reimbursement from a claimant who recovers any amount under Section 417.002 of the Texas Labor Code. This endorsement shall not operate directly or ndlrectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule Schedule 1. ( ) Specific Waiver Name of person organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. This waiver does not extend to the statutory right of reimbursement under Section 417.002 of the Texas Labor Code. 2. Operations CONSTRUCTION AND RELATED CONSTRUCTION RELATED WORK ALL TEXAS OPERATIONS 3. Premium The premium charge of this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above persons)or organization(s)arising out of the operations described. 4 Minimum Premium $0 5. Advance Premium $0 This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Same as Policy Effective Date unless otherwise indicated above Policy Effective Date: g 1 2024 Policy No WCA000008324 Insured SpawGlass Contractors, Inc., SpawGlass Construction Corp, SpawGlass Civil Construction, Inc Westland Equ pment and Supplies. LLC Carrier Name/Code: ACIG Insurance Company WC 99 03 04 (Ed. 04-07) WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 06 01 (Ed 03 13) TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT Th s endorsement applies only to the insurance provided by the policy because Texas Is shown in Item 3 A of the Information Page In the event of cancelation or other material change of the policy, we will mail advance notice to the person or organization named In the Schedule. The number of days advance notice is shown in the Schedule This endorsement shall not operate directly or indirectly to benefit anyone not named to the Schedule Schedule 1. Number of days advance notice: 60 days. However, in the case of cancellation or nonrenewal due to nonpayment f premium, only 10 days advance notice will be provided. 2. Notice will be mailed to All certificate holders where written notice of cancellation, nonrenewal or material change to this policy is required by written contract, permit -r agreement with the Named Insured. The notice will be mailed to the addresses provided to Lis by the certificate of insurance issuer. Proof of mailing will be considered sufficient proof of our good faith attempt to provide written notice. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement Effective 06/01/2024 Policy No. WCA000008324 Insured SpawGlass Contractors, Inc. , SpawGlass Construction Corp. , Premium$ SpawGlass Civil Construction, Inc. , Westland Equipment and Supplies, LLC Insurance Company ACIG insurance Company WC 42 06 01 Wolters Kluwer Financial Serv.ces I Uniform Forms Page 1 of 1 (Ed 03.13) TM C H U B B' Surety o + 908.903.3485 202B Halls Mill Road,PO Box 1650 F +908.903.3656 Whitehouse Station,NJ 08889-1650 Federal Insurance Company Liberty Mutual Insurance Company AIA Document A312 Performance Bond K41875318(Federal) 58S218343(Liberty Mutual) Any singular reference to Contractor,Surety.Owner or other party shall be considered plural where applicable. CONTRACTOR(Name and Address): SURETY(Name and Principal Place of Business): SpawGlass Contractors, Inc. Federal Insurance Company(IN) 1111 Smith Road Liberty Mutual Insurance Company(MA) Austin, Texas 78721 OWNER(Name and Address): City of Round Rock 221 East Main Street Round Rock,Texas 78644 CONSTRUCTION CONTRACT Date: ,,2y day of &IelWer.2024 Amount:$13,971,898.00 Thirteen Million Nine Hundred Seventy One Thousand Eight Hundred Ninety Eight and 00/100 Dollar Description (Name and Location): Old Settlers Park Buildout-Package 3B Tennis&Pickle Ball Courts GMP BOND Date(Arot earlier than Construction Contract Date). .2il day of OG lflki2024 AMOUNT. $13,971,898.00 Thirteen Million Nine Hundred Seventy One Thousand Eight Hundred Ninety Eight and 00/100 Dollars Modifications to this Bond: I@ None O See Page 3 CONTRACTORS AS SURETY PRINCIPAL Company: (Corporate Seal) SpawGlass Contrae Company: (Corporate Seal) Federal Insura #C Liberty Mut al Iny Signa Signature Nam and David P Name and T' e: e ent -Austin Division Attorney-in-Fact (Any additional signatures appear on page 3) (FOR 1NFORA1477ON ONL)'—Name,Address and Telephone) AGENT or BROKER: Adams Insurance Service OWNER'S REPRESENTATIVE(Architect.Engineer or other parr)): 427 W 20th Suite 500 Houston,Ta 77008 713-869-8346 Printed in cooperation pith the American Institute of Architects(111.4)by Chubb. The language in this document conforms exactly to the language used in AIA Document A312 Decemher 1984 edition, Third Printing.March 1987. Fo-I 5-C2-0279-FED(Rw It 161 A312-1984 I The Contractor and the Surety,jointly and severally, performance and payment bonds executed by a bind themselves, their heirs, executors, administrators, qualified surety equivalent to the bonds issued on the successors and assigns to the Owner for the performance of Construction Contract,and pay to the Owner the amount the Construction Contract,which is incorporated herein by of damages as described in Paragraph 6 in excess of the reference. Balance of the Contract Price incurred by the Owner 2 If the Contractor performs the Construction Contract, resulting from the Contractor's default;or the Surety and the Contractor shall have no obligation under 4.4 Waive its right to perform and complete,arrange this Bond,except to participate in conferences as provided for completion, or obtain a new contractor and with in Sub-paragraph 3.1. reasonable promptness under the circumstances: 3 If there is no Owner Default, the Surety's obligation .1 After investigation,determine the amount for under this Bond shall arise after: which it may be liable to the Owner and,as soon 3.1 The Owner has notified the Contractor and the as practicable after the amount is determined, Surety at its address described in Paragraph 10 below tender payment therefor to the Owner;or that the Owner is considering declaring a Contractor .2 Deny liability in whole or in part and notify the Default and has requested and attempted to arrange a Owner citing reasons therefor. conference with the Contractor and the Surety to be held 5 If the Surety does not proceed as provided in Paragraph not later than fifteen days after receipt of such notice 4 with reasonable promptness,the Surety shall be deemed to discuss methods of performing the Construction to be in default on this Bond fifteen days after receipt of Contract. If the Owner,the Contractor and the Surety an additional written notice from the Owner to the Surety agree, the Contractor shall be allowed a reasonable demanding that the Surety perform its obligations under this time to perform the Construction Contract, but such Bond,and the Owner shall be entitled to enforce any remedy an agreement shall not waive the Owner's right,if any, available to the Owner.If the Surety proceeds as provided subsequently to declare a Contractor Default;and in Subparagraph 4.4, and the Owner refuses the payment 3.2 The Owner has declared a Contractor Default and tendered or the Surety has denied liability,in whole or in formally terminated the Contractor's right to complete part,without further notice the Owner shall be entitled to the contract. Such Contractor Default shall not be enforce any remedy available to the Owner. declared earlier than twenty days after the Contractor and the Surety have received notice as provided in 6 Aber the Owner has terminated the Contractor's right Subparagraph 3.1;and to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, 3.3 The Owner has agreed to pay the Balance of the then the responsibilities of the Surety to the Owner shall Contract Price to the Surety in accordance with the terms not be greater than those of the Contractor under the of the Construction Contract or to a contractor selected Construction Contract,and the responsibilities of the Owner to perform the Construction Contract in accordance with to the Surety shall not be greater than those of the Owner the terms of the contract with the Owner. under the Construction Conti-act. To the limit of the amount 4 When the Owner has satisfied the conditions of of this Bond, but subject to commitment by the Owner Paragraph 3,the Surety shall promptly and at the Surety's of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is expense take one of the following actions: obligated without duplication for: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction 6.1 The responsibilidesof the Contractor for correction Contract;or of defective work and completion of the Construction Contract; 4.2 Undertake to perform and complete the 6.2 Additional legal,design professional and delay costs Construction Contract itself, through its agents or resulting from the Contractor's Default, and resulting through independent contractors;or from the actions or failure to act of the Surety under 4.3 Obtain bids or negotiated proposals from qualified Paragraph 4;and contractors acceptable to the Owner for a contract for performance and completion of the Construction 6.3 Liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected caused by delayed performance or non-performance of with the Owner's concurrence,to be secured with the Contractor. Printed in cooperation with the American Institute of Architects(AIA)by Chubb.The language in this document conforms exactly to the language used in AIA Document A312 December 1984 edition,Third Printing,March 1987. Far,,,t5-02-0279-FED User.11116) A312-19842 7 The Surety shall not be liable to the Owner or others be deemed deleted herefrom and provisions conforming to for obligations of the Contractor that are unrelated to the such statutory or other legal requirement shall be deemed Construction Contract, and the Balance of the Contract incorporated herein. The intent is that this Bond shall be Price shall not be reduced or set off on account of any such construed as a statutory bond and not as a common law bond. unrelated obligations. No right of action shall accrue on this 12 DEFINITIONS Bond to any person or entity other than the Owner or its heirs,executors,administrators or successors. 12.1 Balance of the Contract Price:The total amount 8 The surety hereby waives notice of any change,including payable by the Owner to the Contractor under the changes of time,to the Construction Contract or to related Construction Contract after all proper adjustments have subcontractors,purchase orders and other obligations. been made, including allowance to the Contractor of any amounts received or to be received by the Owner in 9 Any proceeding,legal or equitable,under this Bond may settlement of insurance or other claims for damages to be instituted in any court of competent jurisdiction in the which the Contractor is entitled,reduced by all valid and location in which the work or part of the work is located and proper payments made to or on behalf of the Contractor shall be instituted within two years after Contractor Default under the Construction Contract. or within two years after the Contractor ceased working or 12.2 Construction Contract: The agreement between within two years after the Surety refuses or fails to perform the Owner and the Contractor identified on the signature obligations under this Bond,whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, Page, including all Contract Documents and changes thereto. the minimum period of limitation available to sureties as 12-3 Contractor Default: Failure of the Contractor, a defense in the jurisdiction of the suit shall be applicable. which has neither been remedied nor waived, to 10 Notice to the Surety,the Owner or the Contractor shall perform or otherwise to comply with the terms of the be mailed or delivered to the address shown on the signature Construction Contract. page. 12.4 Owner Default: Failure of the Owner,which has n When this Bond has been furnished to comply with a neither been remedied nor waived,to pay the Contractor statutory or other legal requirement in the location where as required by the Construction Contract or to perform the construction was to be performed,any provision in this and complete or comply with the other terms thereof. Bond conflicting with said statutory or legal requirement shall MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (CorporateSeal) Federal Insurance Company Signature: Signature: Name and Tide: Name and Title: Address: Address: Printed in cooperation with rhe American Institute of Architects(AIA)by Chubb.The language in this document conforms exactly to the language used in AIA Document A312 December 1984 edition,Third Printing,March 1987. Forth LS-02-0779-FED Otm I1/16) A312-19843 C H U B B Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACL'American Insurance Company Know All by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constituteand appoint Andrew A.Adams,Norman E.Adams,Michael Macomber,John A.Prince and Larry D.Snider of Houston,Texas---- each as their true and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings anti other writings obligatory In the nature thereof(other than ball bonds)given or executed In the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any instrument referred to In said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACI.AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 10th day of April 2024. Rupert HD Swindells Assistant Se n*tar' ll,irtm I,:hh.fin \t.:v I'r.�tduu STATE OF NEW JERSEY County of Hunterdon ss On this10th day of April,2024 before me,a Notary Public of New Jersey,personally came Rupert IID Swindells and Warren Eichhorn,tome known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC IN DEMN ITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Rupert HD Swindells and Warren Eichhorn,being by me duly sworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal ARs»rt Cantursi NOTARY PUBLIC OF NEW JERSEY massa' No 50202369 'gads a Cornimeision E:pims August 22,2021 NOLry PuMu CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSII R.ANCE COMPANY on March 20,2009: -RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bunds,undertakings•recognizancrs,contracts and other written commitments of the Company entered Into in the ordinary course of business(each a-Written Commitment-): (I) Each of the Chalrmao.the President and the Vice Presidents of the Company lshemby authorized toexeaule any Written Commitment for and on behalf of the Company.under the seal of the Company or otherwise (2) Each duly appointed atturocy-in-fact of the Company Is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise, in the extent that such anion Is authorized by the grant of powers provided for In such person's written appointment as such attorney-In-fact. (3) Each of the Chairman.the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company.bappoint inwriting any person the attorney-m- fin of the Company with full power and authority to execute,for and on behalfofthe Company,under the seal of the Company or otherwise.such Written Commitments ofthe Company as may be specified in such written appointment.which specification may be by general type or dans of Written Commitments or by specification of one or more particular Written Commitment, (4) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf ul the Company to delegate in writing to any other officer of the Company the authority to execute.for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as are specified In such written delegation,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (S) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution•and the seal of the Company,may be affixed by facsimile on such Written commitment or written appointment ordclegation. FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to an for and on behalf of the Company,and such Resolution shall not limit c rotherwise affect the exercise of any such power or authority otherwise validly granted or vested.' I,Rupert IID Swindells,Assistant Secretary of FEDERAL INSURANCE:COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCH ESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the"Companies")do hereby certify that (I) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (11) the foregoing Power of Attorney Is true,correct and In full force and effect Given under my hand and seals of said Companies at Whitehouse Station,NJ,this.2 J�day of Ue,4�,/2024 $ Rupert HD Stviedells As;istact Se:renn IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT: Tele hone 908 903.3493 Fax(9081903-3656 a-mail sumtytbchubb.mm Combined:FED-VIG-PI-WFIC-AAIC(rev.11-19) This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liber Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No 8205857-974105 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Stale of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Andrew A. Adams;John A.Prince:Larry U.snider,filichacl Nlacomhcii Norman F.Adams all of the city of Houston state of 1 S each individually if there be more than one named,its true and lawful attorney-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed.any and all undertakings,bonds.recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 2sd1 day of June 2021 Liberty Mutual Insurance Company 1NSUp �,ZY INSU a 1Nsu? The Ohio Casualty Insurance Company hJPcoa°OR�4r9�Cy yJPoop°O'4fR9y `P ooa°OQgrq't'�, West American Insurance Company J 3 Fo er Q ? Fo n ? `moo m 1912 0 ou 1919 m w 3 1991 3 �lr r-•' o rd �SACNU`'t da k"AMPS da3 `rs '"oiA"P .pa _ U By: Z m c� David M Carey,Assistant Secretary D no State of PENNSYLVANIA County of MONTGOMERY "- 0 0 On this 2sd1 day of June 2021 before me personally appeared David M Carey.who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance u m Company,The Ohio Casualty Company,and West American Insurance Company,and that he.as such,being authorized so to do,execute the foregoing instrument for the purposes`— therein contained by signing on behalf of the corporations by himself as a duly authorized officer > X IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written ¢O Z) CN O O P S� PAST ---I: ?�a`}°NN f,F� Commonwealth of Pennsylvania-1i Seal >` W p (, Teresa Paslella,Notary P°Iik d'Fv r' v Alonlgomery County O of My mmmisson expires March 28.2025 By: 0 m C @ '� v Commssion number 11260" y sYOVP`r1� Member,Pmesyl—A—t—a Noarrs 1 eresa Pastel s,Notary Public Q o w This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company. Liberty Mutual 3 O-S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows O M a ARTICLE IV-OFFICERS:Section 12 Power of Attorney. o°O o ZAny officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the:6o > President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to ad in behalf of the Corporation to make,execute seal.acknowledge and deliver as surety CD Cc m any and all undertakings,bonds,recognizances and other surety obligations Such attomeys-in-fad,subject to the limitations set forth in their respective powers of attorney,shall-0 ME Z have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed,such c Z L) instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attomey-in-fact under the m provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority a ARTICLE XIII-Execution of Contracts:Section 5 Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe. shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M Carey,Assistant Secretary to appoint such attorneys-in- fad as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surely any and all undertakings,bonds,recognizances and other surety obligations Authorization-By unanimous consent of the Company's Board of Directors.the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed I,Renee C Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this,2V_day of 2024 1NSU,q 01f INS& a 1NSUq BJP`°°°orr,�'9'L� yJP`°a°oxy�qy VP`°wveR��4'LC� J ct Fo r^ V 3 eo m ? 0 1919 � f 1991 ddgz''o"oSE�aa °�,k AM°sv dam rs� �aa Renee C Llewellyn Assistant Secretary LMS--2673 LMIC Oak Wac M„m co 02 21 C H U B B Surety O + 908.903.3485 202B halls Mill Road.PO Box 1650 F +908.903 3656 Whitehouse Station,NJ 08889-1650 Federal Insurance Company Liberty Mutual Insurance Company AIA Document A3121-11-2010 Payment Bond K4187538o(Federal) 58S218377(Liberty Mutual) Any singular reference to Contractor,Surety,Owner or other party shall be considered plural where applicable. CONTRACTOR SURETY (Name, legal stales and address): (Vame, legal status and principal place of business): SpawGlass Contractors,Inc. Federal Insurance Company(IN) 11.11 Smith Road Austin,Texas 78721 Liberty Mutual Insurance Company(MA) OWNER (Name, legal status and address): City of Round Rock 221 East Main Street Round Rock,Texas 78644 CONSTRUCTION CONT C Date:��day of Ge t✓,2024 Amount: $13,971,898.00.00 Thirteen Million Nine Hundred Seventy One Thousand Eight Hundred Ninety Eight and 00/100 Dollars Description(Nance and Location): Old Settlers Park Buildout-3B Tennis&Pickle Ball Courts GMP BOND Date(Not earlier than Cons ru tion Contract Date)��day of G/�,2024 Amount: $13,971,898.00 Thirteen Million Nine Hundred Seventy One Thousand Eight Hundred Ninety Eight and 00/100 Dollars Modifications to this Bond: El None ❑ See Page 4 CONTRACTORS AS PRINCIPAL SURETY Company: SpatvGlass act,,Inc. (Corporate Seal) Company: (Corporate Seal) Federal lnsurance omp y Mutuallnsuran Com n Signatu . Name Tl id en Signature: C- [dent -Austin Division Attorney-in-Fa ame: hn A.Prince Signed and Sealed this f` day of e�" 024 (An),additional signatures appear on the last page gfthis Performance Bond.) (FOR LVrOP-IL4TION ONL F Name.Address and Telephone) AGENT or BROKER- OWNER'S REPRESENTATIVE(Arc/utect F.ngineerorotherparnj Adams Insurance Ser%ice 427 W loth.Suite 500 Houston,TX 77oo8 713-869-8346 Printed in cooperation with the American Institute of Architects(AIA)by Chubb. The language in this document conforms to the language used in AIA Docvnwxt A311^'-1010. F.m I".1-0574-FED[Rev ItA6t l L The Contractor and the Surety,jointly and severally,bind themselves,their heirs,executors,administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract,which is incorporated herein by reference,subject to the following terms. 2 If the Contractor promptly makes payment of all sums due to Claimants,and defends,indemnifies and holds harmless the Owner from claims,demands,liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract,then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no Owner Default under the Construction Contract,the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety(at the address described in Section 13)of claims,demands,liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor,materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims,demands,liens or suits to the Contractor and the Surety. 4 When the Owner has satisfied the conditions in Section 3,the Surety shall promptly and at the Surety's expense defend,indemnify and hold harmless the Owner against a duly tendered claim,demand,lien or suit. 5r The Surety's obligations to a Claimant under this Bond shall arise after the following: 51 Claimants,who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were,or equipment was,furnished or supplied or for whom the labor was done or performed,within ninety(90)days after having last performed labor or last furnished materials or equipment included in the Claim;and .2 have sent a Claim to the Surety(at the address described in Section 13). 5.2 Claimants,who are employed by or have a direct contract with the Contractor,have sent a Claim to the Surety (at the address described in Section 13). & If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor,that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. 7. When a Claimant has satisfied the conditions of Sections 5.1 or 5.2,whichever is applicable,the Surety shall promptly and at the Surety's expense take the following actions: 71 Send an answer to the Claimant,with a copy to the Owner,within sixty(60)days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed;and 7.2 Pay or arrange for payment of any undisputed amounts. 73 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement.If,however,the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing theClaimant. 8. The Surety's total obligation shall not exceed the amount of this Bond,plus the amount of reasonable attorney's fees provided under Section 7.3,and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9. Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,if any,under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond,they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond,subject to the Owner's priority to use the funds for the completion of the work. Printed in cooperation with the American Institute of Architects(AIA)by Chubb. The language in this document conforms to the language used in AIA Document A312 r"-2010. Form 1502-0574-FED atev.11/16) 2 IQ The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract.The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond,and shall have under this Bond no obligations to make payments to,or give notice on behalf of,Claimants or otherwise have any obligations to Claimants under this Bond. I1. The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. 12. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2,or(2)on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract,whichever of(1)or(2)first occurs.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. Ci. Notice and Claims to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page which their signature appears.Actual receipt of notice or Claims,however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common Iaw bond. 15. Upon request by any person or entity appearing to be a potential beneficiary of this Bond,the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16. DEFINITIONS 161 Claim.A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done,or materials or equipment furnished; .3a copy of the agreement or purchase order pursuant to which labor,materials or equipment was furnished for use in the performance of the Construction Contract; .4a brief description of the labor,materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .tithe total amount earned by the Claimant for labor,materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant;and, .8 the total amount due and unpaid to the Claimant for labor,materials or equipment furnished as of the date of the Claim. 162 Claimant:An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor,materials,or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located.The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water,gas power, light, heat, oil gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor Printed in cooperation with the American Institute of Architects(AIA)by Chubb. The language in this document conforms to the language used in AIA Document A312 m-2010. Form 15-02-0574-FED(Rev.IU16) 3 and the Contractor's subcontractors,and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor,materials or equipment were furnished. 163Construction Contract: The agreement between the Owner and the Contractor identified on the cover page,including all Contract Documents and all changes made to the agreement and the Contract Documents. 16A owner Default:Failure of the Owner,which has neither been remedied nor waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. 165 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. O. If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. IS. MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 1$.1 "Claim notices for FEDERAL INSURANCE COMPANY must be sent to the following address: Chubb,PO Box 2191, Chesapeake,Virginia 23327,Attention:Surety SupportTeam." (Space is provided below for additional signatures of added parties,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Federal Insurance Company Signature: Signature: Name and Title: Name and Tide: Address: Address: Printed in cooperation with the American Institute of Architects(AIA)by Chubb. The language in this document conforms to the language used in AIA Document A312 rm-2010. Form 15-02o574TED atev.II/16) 4 CHUBB* Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents,that FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY,a New York corporation,PACIFIC INDEMNITY COMPANY,a Wisconsin corporation,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations of the Commonwealth of Pennsylvania, do each hereby constitute and appoint Andrew A.Adams,Norman E.Adams,Michael Macomber,John A.Prince and Larry D.Snider of Houston,Texas-- each as their true and lawful Attorney-in-Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise,bonds and undertakings and other writings obligatory In the nature thereof(other than ball bonds)given or executed In the course of business,and any instruments amending or altering the same,and consents to the modification or alteration of any Instrument referred to In said bonds or obligations. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this 10th day of AprI12024. R;iper.HDSts-indeils Amstart Secretan, \l arrul fkh horn\nT PrlVdeni -TIVII STATE OF NEW JERSEY County of Hunterdon ss On this 10th day of AprII,2024 before me,a Notary Public of New Jersey,personally came Rupert HD Swindells and Warren Elchhorn,to me known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE.COM PANY,VIGILANT INSURANCE.COMPANY,PACIFIC IN DEMNITY COMPANY,WESTCHESTER FIRE INSU RANCE COMPANY and ACF: AMERICAN INSURANCE COMPANY,the companies which executed the foregoing Power of Attorney,and the said Rupert IID Swindells and Warren Eichhorn,being by me duly sworn, severally and each for himself did depose and say that they are Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE.INSURANCE COMPANY and ACE AMERICAN I NSURANCE COMPANY and know the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal �o�can, Nb'rt Coenuri( NOTARY PUUX OF NEW MRSEY s=rata. i No 50202369 —� 4'Lsc+z Corr enie sion Earpires August 22.2027 Nouy Public CERTIFICATION Resolutions adopted by the Boards of Directors of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY on August 30,2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11,2006;and ACE AMERICAN INSURANCE COMPANY on March 20,2009: 'RESOLVED,that the following authorizations relate W the execution.for and on behalf of the Company.of bonds,undertakings,recognizances,contracts and other written commitments of the Company entered Into in the ordinary•course of business(each a"Written Commitment'): (1) Each of the Chairman the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment furand on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact of the Company is hereby authorized to execute any Written Commitment fur and on behalf of the Company,under the seal of the Companyor otherwise, to the extent that such action isauthorized by the grant of powers provided fur in such person's written appointment as such anorney-m-fact (3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,forandon behalfofthe Company.to appoint inwnting any person the attorney-in- fact of the Company with full power and authority to execute,for and on behalfof the Company,under the seal ofthe Companyorotherwise,such Written Commitments ofthe Company as may be specified In such written appointment.which specification may be by general type or clans of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman.the President and the Vice Presidents of the Company Is hereby authonzed,for and on behalf of the Company,to delegate In writing to any other officer of the Company the authority to execute.forand on behalf of the Company,under the Company's seal or otherwise such Written Commitments of the Company as are specined In such written delegation,which specification may be by general type or class of Written commitments or by specification of one or more particular Written Commitments. (5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant W this Resolution.and the seal of the Company.may be affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED,that the furegol ng Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the Company,and such Resolution shall not limit or otherwise affect the exercise of arty such power or authority otherwise validly granted or vested.' 1,RupertND Swindells,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY.PACIFIC INDEMNITYCOM PANY,WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY(the'Companies)do hereby certify that (i) the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and In full force and effect, (i i) the foregoing Power of Attorney is true,correct and in full force and effect. Given under my hand and seals of said Companies at Whitehouse Station,NJ,this2(- day of ,2024 _L_ l Rupert HDSwindeBsAssistant Secreary IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT: Tcic hone 90g 903.3493 Fax(908)903-3656 e-mail:surevWhubb.com Combined FED-VIG-PI-WFIC-AAIC(rev 11-1S) This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No 8205857-974105 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana(herein collectively called the'Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, Andrew A. Adam,:John A.Prince:Lam 1).Snider:Nlichacl Nlacomber,Norman F_Adam, all of trie city of Ifou.wn slate of 1 S each individually if there be more than one named,its true and lawful attomey-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28411 day of Junc 2021 Liberty Mutual Insurance Company 1NSuo 0INS& a 1Nsule The Ohio Casualty Insurance Company P. West y`�Pooa°Oi�r�y �P�oaPOR+, yc, West American Insurance Company 1912y117 yO rdyt%s+c Musti da0 °s°F y1N9o--dys1991 ,d0 0 3 " . - NuiO A 0 -ryy�� E U P David M Carey,Assistant Secretary cy, " m State of PENNSYLVANIA 1 � County of MONTGOMERY ss 2 0 a) On this 28th day of Junr 2021 before me personally appeared David M Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance M m to Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. — IN WITNESS U) WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. a0 M O fD N 5l, PAS `-'S O V 14°n WP F� Commonwealth of Pennsylvania-Notary Seal 0 �e Y Teresa I.,Notary Puthc C m 1County E O 2 Or My con ns,on e.pnes March 28.2025 B O N C r0 a Connnsslon number 1126044 y g Teresa Pastella,Nota Public Q o W w, .•ru�.-•pyv4 Alember,Pennsllvann Assoc,n cl Wt.<s Notary co CY "4RY P O V cu This Power of Attorney is made and executed pursuant to and b authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Libe Mutual 3� 1` Y P Y Y 9 Y YLiberty O-S Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows 0M 00 ARTICLE IV-OFFICERS:Section 12.Power of Attorney. 0 6 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the v— U President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute seal,acknowledge and deliver as surety — > Q) any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective powers of attomey,shall� U o have full power to bind the Corporation by their signature and execution of any such instruments and to allach thereto the seal of the Corporation When so executed, such o Cu Z instruments shall be as binding as if signed by the President and attested to by the Secretary Any power or authority granted to any representative or attomey-in-fact under the m provisions of this article may be revoked at any time by the Board,the Chairman,the President of by the officer or officers granting such power or authority 10 ARTICLE XIII-Execution of Contracts:Section 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds.recognizances and other surety obligations Such attorneys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company When so executed such instruments shall be as binding as if signed by the president and attested by the secretary Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M Carey,Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds.recognizances and other surety obligations Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company.wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed I.Reree C Llewellyn,the undersigned.Assistant Secretary.The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this zv__day of 2024 1NS UR 'JI INS& 1Nsuy q BJP`°avoC+ yJP`oa°oa�r qy V?'`oa°o2.s 1C m i�� _aaq_ 0 ° 1919 s 1991 0 e �sI O Q y: rd��`+C11uS`da ° `"AMP'S as 'rs "OjAM� as Renee C Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 0221 Have a complaint or need help? Tiene una queja o necesita ayuda? IMPORTANT NOTICE AVISO IMPORTANTE If you have a problem with a claim or your premiums, call Si tiene un problema con un reclamo o las primas,llame your insurance company first. If you can't work out the primero a la empresa de seguros.Si no puede resolver el issue, the Texas Department of Insurance may be able to problema,el Departamento de Seguros del estado de Tejas help. puede ayudar. Even if you file a complaint with the Texas Department of Si registra una queja con el Departamento de Seguros del Insurance, you should also file a complaint or appeal estado de tejas,tambien debe presentar una queja o through your insurance company. If you don't, you may apelacion a traves de su compania de seguros.Si no to hate lose your right to appeal. puede perder su derecho de apelar. To get information or file a complaint with CHUBB: Para obtener information o registro de una queja con CHUBB: Call Toll-free:1-800-36-CHUBB Llame a1:1-800-36-CHUBB Mail: Eastern Claim Service Center Correo: Eastern Claim Service Center 600 Independence Parkway 600 Independence Parkway Chesapeake,VA 23320 Chesapeake,VA 23320 Attn: Surety Support Attn: Surety Support Phone: 800-252-4670 Fax: 800-664-5358 Telefono: 800-252-4670 Fax: 800-664-5358 Email: eese.claims@chubb.com Correo electronico: eese.claims@chubb.com To get help with an insurance question or file a complaint Para ayuda con una pregunta de seguros o registrar una with the state: queja con el estado: The Texas Department of Insurance El Departamento de Seguros del Estado de Tejas Call with a question: i-800-252-3439 Preguntas:i-800-252-3439 File a complaint: www.tdi.texas.gov Quejas: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov Correo electronico: ConsumerProtection@tdi.texas.gov Mail: MC-iii-iA,P.O.Box 149091 Correo: MC-iii-1A,P.O.Box:149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Form 15-10-0347(Rev.2/23) Liberty Mutual. SURETY TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call toll-free for information or to Usted puede llamar al numero de telefono gratis make a complaint at para informacion o para someter una queja al 1-877-751-2640 1-877-751-2640 You may also write to: Usted tambien puede escribir a: 2200 Renaissance Blvd., Ste. 400 2200 Renaissance Blvd.,Ste. 400 King of Prussia, PA 19406-2755 King of Prussia, PA 19406-2755 You may contact the Texas Department o1' Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at acerca de companias, coberturas, derechos o 1-800-252-3439 quejas al 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros Consumer Protection(111-I A) de Texas Consumer Protection(I 1 1-1 A) P. 0. Box 149091 P. 0. Box 149091 Austin,TX 78714-9091 Austin, TX 78714-9091 FAX: (512)490-1007 FAX #(512)490-1007 Web: http://www.tdi.texas.g_ov Web: htip://www.tdi.texas.gov E-mail: ConsumerProtectionga tdi.texas.gov E-mail: ConsumerProtectionktdi.texas.i ov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your Si tiena una disputa concemiente a su prima o a premium or about a claim you should first un reclamo, debe comunicarse con el agente o contact the agent or call 1-800-843-6446. primero. Si no se resuelve la disputa, puede If the dispute is not resolved, you may contact the entonces comunicarse con el departamento (TDI) Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: This notice is for information only and does not Este aviso es solo para proposito de informacion become a part or condition of the attached y no se convierte en parte o condicion del document. documento adjunto. NP 70 68 09 01 LM&15282 10115