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R-2024-345 - 12/19/2024 RESOLUTION NO. R-2024-345 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—Rock `N River Expansion (Package 3C); 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 — Rock `N River Expansion (Package 3C), 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 19th day of December, 2024. CRAIG ORG ayor City of 1kound R , Texas A T: Z! ANN FRANKLIN, City Clerk 0112.20242:4915-8037-1717 EXHIBIT „A» Document A133" - 2019 Exhibit A Guaranteed Maximum Price Amendment �). This Amendment dated the Nineteenth day of November In file year Two Thousand Twenty-Four,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 Cos(of the Work Plus a Fee with a ADDITIONS AND DELETIONS: t Guaranteed Maximum Price dated the day of in the year(the"Agreement") The author of this document may (!►I words, indicate dqv, mouth, unit year.) have revised the text of the original AIA standard form. An Additions for the following PROJECT: and Deletions Report that notes (Neale and adr/re.cc or Ioc«riurl) revisions to the standard form text Old Settlers Park Buildout—Package 3C- Rock'N River Expansion is available from the author and Old Settlers Park should be reviewed.A vertical line 3300 E.Palm Valley Blvd in the left margin of this document Round Rock,TX 78665 indicates where the author has added to or deleted from the THE OWNER: original AIA text. (Name, legal.ctatuc, and address) This document has important legal 7t}� consequences.Consultation with City of Round Rock an attorney is encouraged with 221 East Main Street, Round Rock,TX 78644 respect to its completion or modification. THE CONSTRUCTION MANAGER: (Name, legal status, and adairessl AIA Document A201 m-2017, General Conditions of the Contract SpawGlass Contractors, Inc. for Construction,is adopted in this I I I I Smith Road,Austin TX 79721 document by reference.Do not use with other general conditions TABLE OF ARTICLES unless this document is modified. A,1 GUARANTEED MAXIMUM PRICE A.1 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 AA 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 shalt not exceed.The Contract Sum consists of the Construction Manager's Fee plus the Cust of the Work,as that tenn is defined to Article 6 of the Agreement. r §AAAA The Contract Sum is guaranteed by the Construction Manager not to exceed Nineteen Million Two Hundred and Sixty-T11ree Thousand Three Hundred Nineteen Dollars and Zero Cents(S 19,263,319.00),subject to additions and deductions by Change Order as provided in the Contract Documents. §A.1.1.2 Itemized Statement of the Guaranteed Maximum Price. Provided below is an AIA Document A133-2019 Exhibit A,Copyright®1991,2003,2009,and 2019 All rights reserved -The American Institute of Archnects,""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 09 14.37 CST on 11/2512024 under Subscription No.20240040942 which expires on 07t05i2025,is not for resale,is licensed for onetime use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com. User Notes: (673cb30257573cc341eac23() itemized statement of the Guaranteed Maximum Price organized by trade categories,including allowances:the Construction Manager's contingency;altemates;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 itemised statement below or reference an attachment) «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. §AAAA 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.115 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 be met Jnr the Owner to accept the alternate.) Item price Conditions for Acceptance §A,1.1.6 Unit prices,if any: (Idents the item and state the unit price and quantity limitations, i/anr, 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 one of the following boxes.) [ ) The date of execution of this Amendment. [X) Established as follows: (Insert a date or a means to determine the date o/coufinencenlent oJ'the lVork.) February 17th,2025 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 otherwise 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 Substantial Completion of the entire Work: (Check one of theJollon•ing bores and complete the necessary information) [ J Not later than( )calendar days from the date of commencement of the Work. [X[ By the following date:April 01, 2026 AIA Document Al 33—2019 Exhibit A.Copyright®1991,2003,2009,and 2019.AN rights reserved "The American Institute of Architects." 'American Institute of Architects,""AIA,"the AIA Logo,wW'AIA Contract Documents'are trademarks of The American Institute of 2 Architects.This document was produced at 09:14:37 CST on 11125!2024 under Subscription No 20240040942 which expires on 07/05!2025.is not for resale.is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents6 Tema of Service.To report copyright violations,e-mail docinfo@aiaconlracts.com. User Notes: (673cb30257573cc341eac23f) §A.2.3.2 Subject to adjusuncnts 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.213 If the Construction Manager fails to achieve Substantial Completion as provided in this Section A.2.3, liquidated damage,,, 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 Contrac(: Document Title Date Pages §A.3.1.2 The following Specifications: (Either list the Specifications here, or rgler to an erhihit attached u)this;f nfendnfenl.) I Old Settler's Park improvements- Rock N River Expansion 90%Construction Documents Technical Specifications as issued by Kirnley-Horn in September 2024 Final Geotechnical Engineering Evaluation-Rock N River Expansion as issued UES Professional Solations 45 on October 24th,2024 Section Title Date Pages i §A.3.1.3 The following Drawings: (Either list the Drawings here, or r'ir to an eththtt attache(/to this,4►rfendnfe rft.) 1 Old Settlers Park Improvements-Rock N Riser Expansion 90%Construction Documents as issued by Kimley- Nom in September 2024 Number Title Date §A.3.1.4 The Sustainubility Plan,if any: (If the Owner identified a Sustainable OlVec•tive in the Oit•ner's Criteria, identify-the document or doc•unfents that comprise the Sustainabiliq Plan b►'title, date and nuniher of pages, and include other identiji,org iiijbruuaion. The Sustainabilit► Plan identifies micl describes the Sustainable Ohjective: the targete(l Sustainable Measures: implementation strategies selecte(l to achieve the Sustainable Aleasures:the Owner's and Construction Alanager's roles and responsibilities associated with achieving the Sustainable Measures. rhe spec•ilic•details about design revielrs, testng or•nteiric•.s to verifi-achievement gjeac•h Sitstainahle Measure:and the Stistainabilit.v Documentation requtr'ed Jnr the Pr(ject, as those tennis are defined in Evhihit C•to the Agre e me utJ Title Date Pages Other identifying information §A.3.1.5 Allowances, if any, included in the Guaranteed Maximum Price: (Identify each alloit•ance) I §A.3.1.6 Assumptions and ciarifications,if any.upon which the Guaranteed Maximum Price is based. (hlenti/i each assuufption and clarification') AIA Document At 33-2019 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 3 Architects.This document was produced at 09:14:37 CST on 11/25,2024 under Subscription No.20240040942 which expires on 0710512025,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 doctnfo@atacontracts.com User Notes: (673cb30257573cc341eac23f) Reference attached GMP Package TAB 05 §A.3.1.7 The Guaranteed Maximum Price is based upon the following other documents and information: (List any other documents or information here, or refer to an exhibit attached to this Amendment) ARTICLE AA CONSTRUCTION MANAGER'S CONSULTANTS, CONTRACTORS, DESIGN PROFESSIONALS, AND SUPPLIERS §A.4.1 The Construction Manager shall retain the consultants,contractors,design professionals,and suppliers,identified below: (List name, discipline,address, and other information) This Amendment to the Agreement entered into as of the day and year first written above. 11/19/2024 OWNER(Signature) RCT (Signature) BY: Craig Morgan,Mayor BY: D aden,Austin Division President (Printed name and title) (Printed name and title) AIA Document A133—2019 Exhibit A Copynght®1991,2003,2009,and 2019 All rights reserved 'The American Institute of Architects,' 'American Institute of Architecls,"AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Institute of 4 Architects.This document was produced at 09 14:37 CST on 11!25!2024 under Subscription No 20240040942 which expires on 07105/2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documentse Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts.com User Notes: (673cb30257573cc341eac23f) Additions and Deletions Report for t AlAx(.Document A133.- 2019 Exhibit A This Additions and Deletions Report,as defined on page 1 of the associated document reproduces below all text the author has added to the standard form AIA document in 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 on y and is not incorporated into or constitute any part of the associated AIA document.This Additions and Delel ons Report ar,d ds associated document were generated simultaneously by AIA software at 09:14:37 CST on 11/2 512024 Changes to original AIA text PAGE 1 Old Settlers Part: Buildout-Package 3C-Rock'N River Expansion A.2 14RFFell Pflakway- PAGE 3 Old Settler's Park Improvements- Rock N River Expansion 90%Construction Documents Technical Spcxificattons as issued by Kimley-Hom in Scotcmbcr 2024 Final Geotechnical Engineering Evaluation-Rock N River Expansion as issued t1ES Professional Solutions 45 on October 24th,20''4 Section Title Date Pages Old Settlers Park Improvements-Rock N Rif cr Expansion 9010 Cymstruction Documents as issued by Kimlcv- liorn in September 2024 4M PO" PAGE 4 11/19/2024 Variable Information PAGE 1 This Amendment dated the Nineteenth day of November in the year Two Thousand Twenty-Futtr,is incorporated into the accompanying AIA Document A 133T41-2019,Standard Form of Agreement Between Owner and Construction Manager as Constnictor 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((he"Agreement") ((n words, indicate da-v, month,and),ear) Old Settlers Park 3300 E. Palm Valley Blvd Round Rork,TX 79665 Additions and Deletions Report for AIA Oocrment A133-2019 Exhibit A Copyright®1991,2003,2009,and 2019 Allrights reserved 'The American Institute of Arc--filer is,"-American Institute of Ardulects.'"AIA;the AIA Logo,and"AIA Contract Documents'are trademarks of The American Institute of Architects This ' document was produced at 09 14 37 CST on 11125/2024 under Subscription No.20240040942 whi--h expires on 07/1 is not for resale,is licersed for one time use only,and may only be used in accordance with the AIA Contract Documents'Terns of Service To report copyr ght violations,e-ma l docinfo@aiacontracts cont User"as: (673cb30257573cc34leac23f) City of Round Ruck 231 East Main Street,Round Rock,T\78644 SpawGlass Contractors,Inc. I I I 1 Smith Road,Austin T\ 78731 § A.1.1.1 The Contract Sum is guaranteed by the Construction Manager not to exceed Nineteen Million"r%vo Hundred and Sixty-Three Thousund Threc Hundred Nineteen Dollars and Zero Cents (S 19,263,3 19.0( ),subject to additions and deductions by Change Order as provided in the Contract Documents. PAGE 2 ((Reference attached GMP package-TAB 06 [ ] The date of execution of this Amendment. [X ] Established as follows. (Insert a date or a means to determine the date of conintencentent of the Work.) February 17th,2025 [ ] Not later than()calendar days from the date of commencement of the Work. [X ] By the following date:April 01 3036 PAGE 4 Refgreoce attaehcd QMP Packagc TAB 05 Additions and Deletions Report for AIA Document A133-2019 Exhibit A.Copyright O 1991,2003,2009,and 2019.AN rights reserved."The American tnshtute of Architects.'"American Institute of Architects,"AIA.'the AIA Logo,and WA Contract Documents'arc trademarks of The American Institute of Archite-cts This 2 document was produced at 09:14:37 CST on 1 1/2 5120 24 under Subscription No.20240040942 which expires on 07/05/2025,is not for resaa.is licensed for one- time use only,and may only be used in accordance with the AIA Conira:;t Documents"Terms of Service.To report copyright violations,e-mail docinfo@aiacontracts conn. User Notes: (673cb30257573cc341eac23() Certification of Document's Authenticity AIA®Document D401 TM —2003 T,,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 09:14:37 CST on 11/25/2024 under Order No.20240040942 from ATA Contract Documents software and that in preparing the attached final document I made no changes to the onginal text of AIA'Document A133T`l-2019 Exhibit A, Guaranteed Maximum Price Amendment,other than those additions and deletions shown in the associated Additions and Deletions Report (Signed) President-Austin Division (Title) 11/25/2024 (Dated) AIA Document 1401-2003 Copyright 0 1992 and 2003 A:I rights reserved 'The American Institute or Architects,""American Institute of ArchiteCs,-'AIA,'the AIA Logo,and'AIA Contract Documents'are trademarks of The American Insli4,te of Architects This document was produced at 09 14:37 CST on 1 112 51202 4 under Order No.20240040942 which expires on 07105!2025,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documenise Terms of Service To report copyright violations,e-mail doc,nfoQelacontractscom. User Notes: (673cb30257573cc341eac23f) AC-R® CERTIFICATE OF LIABILITY INSURANCE GATE(MM/DD/YYYY) 12/3/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement- A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Adams Risk Management Services,LLC PHONE Marta Tamez FAX Adams Insurance Service, Inc. &Q_NQ,ExU,_(713)869-8346 lAc Wit:(713)869-9144 E-MAIL 1111 North Loop W, Suite 600 _ADDRESS: mtamez adamslns.com Houston TX 77008 INSURERS)AFFORDING_COVER_AGE NAIL r INSURER A:American Contractors Insurance Co. RRG 12300 INSURED SC-ADMIN•01 INSURER B;ACIG Insurance Company 19984 SpawGlass Contractors, Inc. 11 1 1 Smith Road INSURER c:Travelers LID ds Insurance Comfy 41262 Austin, TX 78721 INSURER D:Valleyorg Fe Insurance Com.-,,any 20508 any 205 INSURER E:The Continental Insurance Company 35289 INSURER F: COVERAGES CERTIFICATE NUMBER:2144015667 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 INSOADDU UBR—WV0I POLICY NUMBER J M"D EFF MM/Mronnr P LIMITS LTR A X COMMERCIAL GENERAL LIABILITY Y Y GL24AB000046 61112024 6/112025 EACHOCCURRENCE $10,000,000 CLAIMS MADE X OCCUR DAMAGE TORENT PREMISES Ea occurre,ce1 $100,000 I MED EXP(A^y one person)_ $5.000 PERSONAL b ADV INJURY I$10,000xo GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE I$10,000,000 POLICY, J JET LOC f PRODUCTS COMPiOP AGG I S 10,000,000 OTHER: I I$ D I AUTOMOBILE LIABILITY Y Y BUA7033775896 6/112024 6/10025 COMBINED SINGLE LIMIT I$5.000,000 Ea ac6denil _ X ANY AUTO BODILY INJURY(Per persona ,$ 'OWNED SCHEDULED BOOR Y INJURY,Peracodenp S _ AUTOS ONLY AUTOS X HIRED AUTOS ONLY X AUTOS_NLOV PRerr amden OPERTY DAMAGE $ $ E I UMBRELLA LIAB X OCCUR Y Y CUE 7034067095 6/1/2024 6/112025 EACH OCCURRENCE $10.000,000 X I EXCESS LIAB CLAIMS MADE AGGREGATE $10,000,000 DIEDI RETENTION S B WORKERS COMPENSATION Y WCA000008324 6/112024 6/1/2025 X STATUTE ��RH AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOFLPARTNERIEXECUTIVEN E L.EACH ACCIDENT $1.000,000 OFFICEWMEMBEREXCLUDED� NIA (Mandatory In NH) E L.DISEASE EA EMP-OYES $1.000.000 1}yes.dew,be under DESCRIPTION OF OPERATIONS below I E L D•SEASE POL CY LIMIT I$1.000,000 C EQUIPMENT FLOATER QT-630-7625835-0-TLC-24 611/2024 611!2025 PER ITFM 1,500,000 LEASED/RENTED i AGGREGATE 3,000,000 I ( DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLE5(ACORD 101,Additional Remarks Schedule,may be attached 11 more space Is required) The Automobile policy includes the following endorsements: 1)CNA63359-Blanket Additional Insured as required by written contract executed pnor to the bodily injury or property damage.2)CNA63359-Blanket Waiver of Subrogation as required by written contract executed pnor to the bodily injury or property damage. 3)CNA63359 8 CNA71527-Primary Non-Contributory basis only when required by a written contract prior to Accident or Loss 4)CNA68021 -Notice of Cancellation-30 days blanket as required by written contract. The General Liability policy includes the following endorsements1)1170-Additional Insured-Automatic Status as required by Contract-Blanket-Who Is an insured is amended to include as Additional Insured any person or organization when you have agreed in a written contract that such person or organization be added as an additional insured on your policy.The endorsement also provides for the coverage to apply on a primary and non contributory basis(or 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 AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER I0: SGADMIN-01 LOC*: --- -— AC V ADDITIONAL REMARKS SCHEDULE page 1 Of 1 AGENCY NAMED INSURED Adams Risk Management Services,LLC SpawGlass Contractors,Inc 1111 Smith Road POLICY NUMRER 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 organ zation 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 3C–Rock'N River Expansion,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 only with respect to liability for"bodily injury","property damage"or"personal and advertising injury"arising out of your premises or your operations for the additional insured,and only to the extent and for the minimum limits required in the written contract. B The insurance provided to the additional insured is subject to the following limitations 1 Unless a written contract specifically requires additional 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 organization, whichever occurs first. 2. Unless specifically required by written contract,this insurance provides additional insured coverage only for liability for"bodily injury", "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 adverlising injury'for which the additional 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"arising out of the rendering or failure to render any professional services by any insured or on any insured's behalf,including: a) The preparing, approving or failing to prepare or approve maps,shop drawings, opinions,reports,surveys, field orders,change orders,drawings or specifications;or 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,or the failure to render,any professional architectural,engineering or surveying services. S. This endorsement shall not apply to a person or organization if any other additional insured endorsement attached to this policy 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 additional insured coverage in the construction industry. 7 The insurance afforded to the additional insured shall not exceed the minimum limits required in the written contract. 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 minimum 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 coverage grant and limitations in Sections A and B of this endorsement In the event that CG2010 and/or CG2037 are required but no edition dates are specified,the 04/13 editions shall apply. 0. This insurance is excess to any other insurance, whether primary, excess, contingent or on any other basis, 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 on 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 terms,conditions,provisions,agreements or limitations of the mentioned Policy,other than as above slated. 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: SpawGlass Contractors, Inc., SpawGlass Construction Corp., SpawGlass Civil Construction, Inc.,Westland Equipment and Supplies, LLC Insurance Company: American Contractors Insurance Company Risk Retention Group 20 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 Organization(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: 6/1/2024 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 33_ NOTICE OF CANCELLATION, NONRENEWAL OR MATERIAL CHANGE - CERTIFICATE HOLDERS This endorsement modifies insurance provided under the following: 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 effective on the date issued un ess otherwise stated (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Poiicy Effective: 6/1!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 J 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 s 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: 6/112024 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 CNASpaw(GlassBusiness Auto Policy Contractors,Inc.,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 1. LIABILITY COVERAGE A. Who Is An Insured The following is added to Section II, 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. 3�4ny 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 non-contributory 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 II, 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) Pol cy No.BUA 7033775896 Underwrrong Company Valley Forge Insurance Company Pol cy Effective Date: 06'01!2024 Copynght CNA All Rights Reserved. Includes copyr ghted mater al of the cera Business Auto Policy + vi+t;yt�UvrJ,[:i1iGiii. C. Fellow Employee Section 11, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. II. 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 111, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. Form No: CNA63359XX (04 2012) Policy No,BUA 7033775896 Underwriting Company Valley Forge Insurance Company Policy Effective Date 06/01 2024 c Copyright CNA All Rights Reserved Includes copyr ghted mater al 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 12► 20% of the auto's actual cash value (ACV}. III. Drive Other Car Coverage - Executive Officers The following is added to Sections 11 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. 11) Equal to the greatest of those coverages afforded any covered auto; and (2) 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 Va ley Forge Insurance Company Policy Effective Date: 06101?2024 Copyright CNA All Rights Reserved. Includes copyrighted material of the CNA Business Auto Policy UIi%,y Lill.ivi jc:i i:G(1l (4) 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. B. Transfer Of Rights Of Recovery Against Others To Us e ap A.5. 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 B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not spect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance ed to Section IV, Paragraph B.5.: 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 (04 2012) Policy No: BUA 7033775896 Underwriting Company: Valley Forge Insurance Company Policy Effective Date: 06/01;2024 c Copyright CNA All Rights Reserved. Includes copyr ghted material of the Business Auto Policy CNA Policy Endorsement NOTICE OF CANCELLATION TO CERTIFICATEHOLDERS 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 Certificate holder 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,Inc.,SpawGlass Construction Corp., SpawGlass Civil Construction,Inc.,Westland Equipment and Supplies,LLC Form No: CNA68021 XX (02-20131 Policy No: BUA 7033775896 Underwriting Company: Valley Forge Insurance Company Policy Effective Date: 06101+2024 , Copyright CNA A,I R ghts Reserved. CNABusiness Auto Policy ADDITIONAL INSURED - PRIMARY AND 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: 06101;2024 Insured:SpawGlass Contractors,Inc,SpawGlass Construction Corp., SpawGlass Civil Construction,Inc.,Westland Equipment and Supplies,I I C IE 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 appi es only to the insurance provided by the pol cy because Texas is shown in Item 3.A. of the Information Page We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization 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'ndirectly to benef It anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 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 person(s)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,s 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. 6/11/2024 Policy No WCA000008324 Insured SpawGlass Contractors, Inc., SpawGlass Construction Corp., SpawGlass Civil Construction, Inc., Westland Equipment and Supplies LLC Carrier NamelCode 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 This 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 in the Schedule. Schedule 1. Number of days advance notice: 60 days. However, in the case of cancellation or nonrenewal due to nonpayment of 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 or agreement with the Named Insured. The notice 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 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 Services I Uniform Forms Page 1 of 1 (Ed.03-13) TM 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 y 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-630-7625635-0-TLC-24 CM U6 18 05 21 2021 The Trave ers 'ndemndy Company Page 1 of 1 Includes copyrighted material of Insurance Services Off ce,Inc with its permission C H U B B Stneh 0 + 908 903 3485 202B I 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 K41875513(Federal) 58S218515(Liberty Mutual) Am singular reference to t'onrractor.Surety.Owner or other parry shall be considered plural where applicable. CONTRACTOR(Nance and Addressi: SURETY(tbonne and Principal Place o(8risuress) SpawGlass Contractors, Inc. Federal Insurance Company(1N) 111 I Smith Road Liberty Mutual Insurance Company(MA) Austin,Texas 78721 OWNER(Hunte andAdilress): City of Round Rock 221 East Main Street Round Rock,TX 78644 CONSTRUCTION CONTRACT Date: /J_ day of AWf"r,2024 Amount:$19,263,319.00 Nineteen Million Two Hundred Sixty Three Thousand Three Hundred Nineteen& 00/100 Dollars Description (Narne amll.ruation) Old Settlers Park Buildout- Pack 3C-Rock'N River Expansion BOND Date(\5,t earlier than('nnsn tictior Cantiact L>ate) I'1 day of��Y1M��2024 AMOUNT: $19,263.319.00 Nineteen Million Two Hundred Sixty Three Thousand Three Hundred Nineteen& 00/100 Dollars Modifications to this Bond: ® None 0 See Page 3 CONTRACTORSAS PRINCIPAL Company: (Corporate Seal) SURETY SpawGlasi;Contractors,Inc.. Company: (Corporate Seal) Federal Insuranceompa Liberty Mutua nsura e C Signature; Signature: Name ark Title; avid Padrit Name and Title. John Prince dent -Austin Division Attorney-in-Fact (Any additional signatures appear on page 3) (TOR LVE-ORM.ITION OXIA' Varve, :Iddress and 7elephone) AGENTorBROKER: AdamslnsuranocService OWNER'S REPRESENTATIVE(Archtrecr.hagincerorocherpco•q) 427 W 20th.Suite 500 Houston,TX 77008 713-869-8346 Printed in cooperation with the Arner•ican Institute nrArchrtects(AIA)hi Clrnhh. The language rn this document conforms exactir io the language used in Al;f bocnrneni A312 December 1984 edition.Thin!Printing.March 1987 Form 15-02-0279-FFI)(Rev 11/16) A312-1984 I 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. conferencewith 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 toenforce 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 6 After the Owner has terminated the Contractor's right and the Surety have received notice as provided in to complete the Construction Contract, and if the Surety Subparagraph 3.1;and 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 Contract.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 expense take one of the following actions: and damages on the Construction Contract, the Surety is obligated without duplication for: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction 6.1 The responsibilities of 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 6.3 Liquidated damages,or if no liquidated damages are for performance and completion of the Construction specified Contract, arrange for a contract to be prepared for fied in the Construction Contract,actual damages 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 rvith the American InstituteojArchitects(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. Form 1502-0279-FE:D(Re..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 notasa 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 byall validand 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 its obligations under this Bond,whichever occurs first. If the page, including all Contract Documents and changes provisions of this Paragraph are void or prohibited by law, 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 11 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 conflictingwith 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: (CorporateSeal) Company: (CorporateSeal) Federal Insurance Company Signature: _ Signature: Name and Title: Name and Title: Address: Address: 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. Form I5-02-0279•FF.D(Re.11i 161 A312-19843 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, du 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 olherwlse,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 1019,day of April 2024, Rupert HD StvindAILAfsistantSee"tary llamaFichhom%iceIhtvdenl STATE OF NEW JERSEY County of Hunterdon SS On this 1 Ow day of April,2024 before me,a Notary Public of New Jersey,personally came Rupert HD Swindells and Warren Eichhorn,tome known to be Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANY and ACF. 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 AlOert tue Corrsi NOTARY Vl1elK Of Ntw 1ERSEY No S0202369 Cmueh u..E.SAre.Augurt 22,202) Koury r'uMsc 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 to the execution,for andon behalfof the Company,of bonds,undertakings,rec ignizanc,%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 toexecute any Written Commitment forand on behalfofthe 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(orandon behalfof the Company.under the seal of the Company or otherwise, to the extent that such action 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 aulhorized.for and on behalf of the Company,to a p point inwrlting any person the attorney-In- fact of the Company with full power and authority to execute.for and on behalfofthe Company,under the seal of the Company or olhemise,such Written Commliments of the Company as may be specified In such written appointment.which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman,the President and the Vice PresidenLs of the Company Is hereby authorized.for and on behalfof the Company,to delegate In writing to any other offeer of the Company theauthorily toexecule,for andon behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company as arespecified In such written delegation,which specifiadon may be by general type or classo(Written Commitments or byspeclnatlonofoneor more particular Written Commitments. (S) The signature of any offl—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 W mien Commitment or whoen appointment or delegation FURTIIER 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 act for andon behalfof the Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested." 1.Rupert HD Swindells,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY.PACIFIC INDEMNITY COMPANY.WESTCHESTER FIRE INSURANCE COMPANY and ACF.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. (It) 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,N),this Zy Of 2024 Rupert HD Swindells.Assistattt Seaent}• IN THE EVENT YOU WISH TO VERIFY THE AUTIIENTICRY OF THIS BOND OR NOTIFY US OF ANY OTIIER MATTER PLEASE CONTACT US AT Telephone(9081903-3493 Fax(9DO1903-3656 e-mail sureryWhubboom Combined:FED-VIG-R-WFIC-ANC(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. Liberty Liberty Mutual Insurance Company Mutudle The Ohio Casualty Insurance Company Certificate No 8205857.974105 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company 1s 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 State 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;I.arry D.Snider,Michael Macomber,Norman E.Adams all of the city of Houston state of TX each individually if there be more than one named,its true and lawful altomey-in-fact to make, execute,seal,acknowledge and deliver,for and on its behalf as surety and as its act and deed,any and al undertakings,bonds,reoognaances 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 awn proper persons IN WITNESS WHEREOF,thts 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 26th day of June 2021 Liberty Mutual Insurance Company R� 1N8IJ& X11 INSV %Kssj. The Ohio Casualty Insurance Company fO�j6y�m �J ,foti4P?ogOOR,,o1� West American Insurance Company 2 r 191 c 1919 0 a 1991 o rd� cs�D! O� h4rrs.�+D! ds Mo��Mf +a! •C U c aiy ♦ ► Nl • >� 9M a /� By' �— tv David M Carey,Assistant Secretary cr t`0 State of PENNSYLVANIA County of MONTGOMERY s: o j On this 28th day of June 2021 before me personally appeared David M.Carey who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance 5 Company,The Ohio Casualty Company and West American Insurance Company,and that he as such,being authorized so to do,execute the foregoing instrument fa the purposes > Uterein contained by signing on behalf of the corporations by himself as a duly authorized officer ax >� 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 N EL 0 Qk'6�oMw 5'r�` Canrna slN of Pekvksytmia Notary seal U �tS fy Tinea Peaeaa.Notary Poeticdo �� ON OF 9y CounN /�,�,�'�I�I�'� Ley owinussm enwes MxM 26.2025 By; C N r Co—nSion number 11260U v*� Molba,Pe yNo"�"oweun o1 Neon es er85a Pastel a Notary Public _a o Ry t �v $? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Oho Casualty Insurance Company. Liberty Mutual 3 m o Insurance Company,and West American Insurance Company which resolutions are now in full farce and effect reading as follows a M E ARTICLE IV-OFFICERS:Section 12.Power of Anomey. 00 o Any officer or other official of the Corporation authorized for that purpose in wnbng by the Chairman or the President,and subject to such limitation as the Chairman or the ti U President may prescribe,shall appoint such attorneys-in-fad,as may be necessary to act in behall of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations Such anomeys-in•fact,subject to the limitations set forth in their respective powers of attorney shall c t have full power to bind the Corporabon by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executed such�o y o Z v 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 allorneyan-fact under the 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 ti— ARTICLE XIl-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 ad in behalf of the Company to make,exemle,seal,acknowledge and deliver as surety any and all undertakings, bonds,reoDgnizances and other surety obligations.Such attomeys-in-fad subject to the limitations set forth in their respective powers of attorney shall have tug 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 Ass stant Secretary to appoint such attomeys-m- fad 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,recognaanoes 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 hough 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 Compan es,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 sa d Companies this day of f�! 2024 P`1N$11 �1 INS&q� a 1Nsu °'yNC+ a,J G°R°°qYy `+ra°r4tR'fC+ J ct a kin t ? o r+ Q r a to { 1912 0 1919 i 1991 t • O O_ s W O L O r fa �e ! ! By: d. —0 JO h�yfd +a �S N0-.0, +D Renee C LlewellynAssistant Secretary LMS-12673 LMIC OCIC WAIC Mutt.Cc 0281 C H U B B Suretv O + 908 903 3485 2028 I la'ls Mill Road.PO Bot 1650 F +908 903 3656 Whiteluxnse Station.NJ 08889-1650 Federal Insurance Company Liberty Mutual Insurance Company AIA Document A312"- 2010 Payment Bond K41875513(Federal) 585218515(I.iberty Mutual) Any singular reference to Contractor.Surely.Owner or other party shall he considered plural where applicable CONTRACTOR SURETY (Name.legal slalus and address) (.-\'ante, legal status and principal place(fhuriness) SpawGlass Contractors,Inc. Federal Insurance Company(IN) iiia Smith Road Austin,Texas 78721 Liberty Mutual Insurance Company(MA) OWNER (A'ame,legal status and address). City of Round Rock 221 East Main Street Round Rock,TX 78644 CONSTRUCTION CONTRACT Date: Zf— day of /7 DY!'/lf�b' ,2024 Amount: $19,263,319.00 Nineteen Million Two Hundred Sixty Three Thousand Three Hundred Nineteen& 00.100 Dollars Description(,\'ante and Location): Old Settlers Park Buildout-Pack 3C-Rock'N River Expansion BOND Date(..Vol earlier than C-onctruction Contract Date). /1 day of �{✓ ,2024 Amount: $19,263,319.00 Nineteen Million Two Hundred Sixty Three Thousand Three Hundred Nineteen& 00/100 Dollars Modifications to this Bond: El None 0 See Page 4 CONTRACTORS AS PRINCIPAL SURETY Company: SpawGlass Contr I . (Corp rate Seal) Company: Federal Insuran*hipan ' ((orporate5eaQMutuallnsurancSignature:Name and Tl le: avid den Signature:ident -Austin Division Attorney-in-Fa Prince Signed and Sealed this /7 day of --12024 2024 (Anti additional sigiratio•es appear on the last page gjthis Performance Bond) (FOR IA'FOR 1/.17'/0.\'O;\'1.I' - :Name,Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE(Architect.Errsineert,rodrer/ren) Adams Insurance Service 427 W loth.Suite Soo Houston,TX 77oo8 713-869-8346 Printed in crmper000n%ruh the American hutu is o(Alrlrrteas(AM)by C'hrubb The language in this document cm jams to the language used in AIA AnauntentA312^r-2010. Fenn 11.0:-0574-F'F?D(Rev 11 16) 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. 5. The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 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). 6. 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 S.I.I. 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 72 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 AM r"-2010. Form 15020574-FED(Rev.11'16) 2 KI 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. 1L 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. 13. 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. K 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 law bond. K 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. K 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, .8the 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*X-2010. Form 1"2-0574-FEn Mev.11/161 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. 16.40wner 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. 16S Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. 1`7. 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. IR MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: 181 "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 Sea!) Company: (CorporateSeali Federal Insurance Company Signature: Signature: Name and Title: Name and Title: Address: Address: Printed in cooperation►vith the American Institute of Architects(AIA)by Chubb. The language in this document conforms to the language used in AIA Doatment A312 r"•2010. Form 1502-0574•FF,D IRm 11/161 4 CHUEBB Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester File Insurance Company I ACF.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, tto 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 bail 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 orals on this 10th day of April 2024. Rupert HD Swindells.Assistant Secretary N,irrin Fichhcim\ice Prt-4dera STAT F-OF NF.W IERS EY County of Hunterdon ss On this 10M day of April,2024 before me,a Notary Public of New Jersey,personally came Rupert IID Swindells and Warren Eichhorn,to me known to he Assistant Secretary and Vice President,respectively,of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE INSURANCE COMPANYand ACF. AMERICAN INSURANCE COMPANY.the companies which executed the foregoing Power of Attorney,and the said Rupert HD Swindellsand 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 NSURANCF.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 authorityo(said Companies;and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal ArlaortCeirrin ti NOTARY I LWK OF NEW IERSEY �raa' No 50202369 avet+e romNssbn E," A.Cunt 22.2027 M "keLsry 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 aulhorizei.-relate to the execuuon,for and on behalf of the Company,of bonds,undertakings,recognlzances,contracts and other written commitments orthe Company entered into In the ordinary course of busloess(each a-Written Commitment')- (1) Each of the Chairman,the President and the Vitt Presidents of the Company is hereby authort"to execute any written Commitment for and on behalf of the Company,under the seal of the Company or otherwise. (2) Each duly appointed attorney-in-fact otthe Company is hereby authorized to execute any Written Commitment Wind on behalfofthe Company,under theseal ofthe Company or otherwlw to the extent that such action Is authorizod 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 andon behalfafthe Company,loappolnl In writing any person the alt wney in fact of the Company with full power and authority to execute.for and on behalfo(the Company,under the seal ofthe Company or otherwise,such Written Comm Hments of the Company as may be specified In such written appointment.which specification may be by general type or class of Written Commitments or by specification of one or more part ru ar Written Commltmams. (4) Each of the Chairmak the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to delegate in writing to any other,Meier of the Company the authority toexecute,forand on behalf of the Company,under the Company's seal or otherwise,such Written Commllmentsofthe Company asare spec fled insu:h written delegation,which specification may be by general type or classof Written Commitments or by specifcationofanear more particular Written Commllments. (5) 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 ficsimlle on such Written Commitment or written appointment or delegation FURTHER RESOLVED,that the foregoing Resolution shall not he deemed b be an exclusfve statement of the powersand authority of officers,employees and other persons to act for andon behalf o(the Company,and such Resolution shall not limit nr otherwise affect the exercise of any such power or authority olhe rwise va I Idly granted or vr.trd' 1,Rupert HD Swindells,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,PACIFIC INDEMNITY COMPANY,WESTCHESTER FIRE.INSURANCE COMPANY and ACE AMERICAN INSURANCE.COMPANY(the"Companies")do hereby certify that (p the foregoing Resolutions adopted by the Board of Directors of the Companies are true,correct and in full force and effect, (i l) the foregoing Power of Attorney Is true,correct and in full force and effect. Given under my hand and seals of Bald Companies at Whitehouse Station.NJ,this/.1 Of o t 2 0 24 Rupert HD Arindcks.Atsistan t Seeft nfT WINE EVENT YOU WISH TO VERIFY THF.AUTHFNTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER PLEASE CONTACT US AT Tclehone 908 903-3493 Far 9D0 903.3656 e-mail:surel @chubbmm Combined.FED•VlG-PI•WFIC-AAJC(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. Liberty Liberty Mutual Insurance Company Mutum. 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 du y 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 D.Snider,Michael Macumbcr;Norman E.Adams all o1 the city of Houston slate of TX 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 ad 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 duty 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 Comparwes and the corporate seals of the Companies have been affixed thereto this 28th day of June 2021 Liberty Mutual Insurance Company Py 1NSo. 01 INSc, %HSU The Ohio Casualty Insurance Company tin West American Insurance Company 1912 0 1919 s 1991 t Vi 's e c Y 7 o yd,�J�+cNve�JL ��a�rtev' D Yup �NaAM� JL! � d O m David M Carey,Assistant Secretary D " cu Slate of PENNSYLVANIA N Canty of MONTGOMERY ss o E On this 28th day of June 2021 before me personally appeared David M.Carey,who acknowledged h msel(to be the Assistant Secretary of Liberty Mutual Insurance UQ) o 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. 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 a N Qor w,� ° =( ;ormor.esend � oa � I O y PnWle.NyPb O F C—ty M« upiir E C @ MY w�.niew�a rwimb rMomh112 20.2025 By: 2Z (U ` fir, r Canrnissian numWr 1 t260M dj "°nsyuv*`r,E, Mempw,Pem�yNpr�AuoceEMdNave Teresa Paslella,Notary Public a o mRRY P� O This Paver 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 c? E•c Insurance Company,and West American Insurance Company which resolutions are now in full farce and effect reading as follows: a 00 ARTICLE IV-OFFICERS:Section 12.Power of Attorney o 0 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 o President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to ad in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety rD mC any and ad undertakings,bonds,recbgnizances and other surety obligations Such attomeys-in-fad,subject to the limitations set forth in their respective powers of attorney,shall o t have full paver 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�p N 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 attomey4-fact under the ori provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer a officers granting such power or authority. ti— ARTICLE XIII-Execration 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 altomeys n-fad,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,recbgnnizances and other surety obligations.Such attomeys-in-fact subject to the imitations set forth in their respective powers of attorney,shad 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- fad as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and al undertakings,bonds.recognizances and other surety obligations. Authorization-By unanimous consent of the Company's Board of Directors,the Company consents that facsimile a 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,We and correct copy of the Power of Attomey executed by said Companies is in full force and effed and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this J Y day of lke040(5024 1NSu �SY IMSV � 1NSuq, AJ �oMoiyr tiC gJ o°�r•at'� GP a°MOR'r 'fC+ 1912 on c 1919 n s 1991 0 1Y� s+c�ye aD O p+rye +p �S 4OIAN� as Renee C.Llewellyn,Assistant e1) . >•a �'y1 ♦ �� ''M . ti� Secretary LMS-12870 LMIC OCIC WAIC Mule Co 02121 Have a complaint or need help? Ilene una queja o necesita ayuda? IMPORTANT NOTICE AVISO IMPOR TANTE 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 hace lose your right to appeal. puede perder su derecho de apelar. To get information or file a complaint with CHUBB: Para obtener informacion o registro de una queja con CHUBB: Call Toll-free:i-Soo-36-CHUBB Uame al;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: Boo-664-5358 Telefono: 800-252-467o Fax: 800-664-5358 Email: ecsc.claims@chubb.com Correo electronico: ecsc.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 EI Departamento de Seguros del Estado de Tejas Call with a question:1-800-252-3439 Preguntas: 1-800-252-3439 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-111-iA,P.O.Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Form 15-10-0347(Rev.2j23) Liberty Mutual. SURETY TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener information 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 of 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(l I I-1 A) de Texas Consumer Protection(I I I A A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 FAX: (5 12)490-1007 FAX#(512)490-1007 Web: htV://www.tdi.texas.gQv Web: hap://www.tdi.texas.gov E-mail: ConsumerProtection .tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiena una disputa concerniente 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 LMs•+sns 10115 S awGlass ' , - --- - Providing the Absolute Best Construction Experience 4, 10 f ''• H6 j_�r t ;I II 11 x a �' j` • IN m"l9W wig TABLE OF CONTENTS TAB 1 TAB 6 GUARANTEED MAXIMUM PRICE PROPOSED GMP BREAKDOWN PROPOSAL FORM TAB 2 TAB 7 EXECUTIVE PROJECT SUMMARY MASTER PROJECT SCHEDULE TAB 3 TAB 8 PROJECT TEAM PROCUREMENT PACKAGE STRATEGY TAB 4 TAB 9 LIST OF DOCUMENTS TAB 5 TAB 10 ASSUMPTIONS AND CLARIFICATIONS AB1 GUARANTEED MAXIMUM PRICE PROPOSAL FORM n � k _ ,t 1 pp,Mlr` SpawGlass r 1 . Project Cost Summary 90% CD GMP OVERVIEW SpawGlass Contractors, Inc. hereby submits to the City of Round Rock for the use and benefit of the new Old Settler's Park Buildout Package 3C Rock N River, based on the 90% CD Drawings, as follows: 1. The proposed amount for the Direct Cost of the Work: $ 16,942,051 2. General Conditions: $ 305,086 3. Builder's Risk Insurance: $ 25,042 4. General Liability Insurance: $ 145,245 5. Payment & Performance Bonds: $ 141,212 6. Subcontractor Default Insurance (1.25%): $ 211,776 7. Warranty: $ 48,158 8. Construction Manager's Contingency (2.0%): $ 385,266 9. Design Progression Contingency (2.0%): $ 385,266 10.Construction Phase Fee (3.50%): $,. 674,217 11, Price Forecasting: $ 0 12.TOTAL: LINE ITEMS 1 THROUGH 11: $ 19,263,319 Tyler Wenzel, Project Executive i zip to 9)W + � OJO/ i . Providing the Absolute Best Construction Experience i . Executive Summary City of Round Rock - Old Settler's Park Build Out Package 3C - Rock N River 90% CD Drawings 3300 E Palm Valley Blvd Round Rock, TX 78665 Scope of Work Package 3C - Rock'N River is the construction of a new Pool Area, Action River and Pools, Cabanas, and Restroom/Pump Filtration Building. Included in this package is the East Parking Expansion, Northwest Parking and Drive Areas as well as drainage area as shown in the 90% drawing package as issued by Kimley Horn. Action River is planned to be shotcrete walls with the sculpted rock look troweled into the structural shotcrete walls prior to the concrete hardening. No gas alternates were included in the base pricing. Overview The new Rock'N River package is planned to be completed in one main package: - Construction is planned to start in February 2025. - Anticipated Completion is April 2026. PROJECT TEAM r F j ►lj I�� � SpawGlass ORGANIZATION CHART LEGEND Management Support Team lead/Single Point of Contact On site Team Safety CITY OF ROUND ROCK 0 PreconstructioAstimating Support c DAVID PADEN TOM MCCLANAHAN DIVISION PRESIDENT SENIOR ESTIMATOR JOEY GEORGE ADAM WARDEN OPERATIONS MANAGER ESTIM, JUAN MARQUEZ BRIAN CLWON SAFETY COORDINATOR BIMNDC COORDINATOR TYLER WENZEL PROJECT EXECUTIVE/ PRECONSTRUCTION SERVICES MANAGER PARKER BLASCHKE HARRISON HOLLEY SENIOR SUPERINTENDENT I CHRIS SOTO © ASSISTANT SUPERINTENDENTS ASSISTANT PROJECT MANAGER R DAYLON DYESS 0 ASSISTANT PROJECT MANAGER QUALITY CONTROL COORDINATOR AB 4 LIST OF DOCUMENTS fr t I � �33 • k, rye S awGlass List of Documents City of Round Rock-Old Settler's Park Build Out Package 3C-Rock N River 90%CD Drawings 3300 E Palm Valley Blvd Round Rock,TX 78665 PAGE Jt SHEET DESCRIPTION REVISION DATE Page 1 90 COVER SHEET SEPT.2024 Page 2 90C-1.0-EROSION CONTROL PLAN SEPT.2024 Page 3 90C-1.1-EROSION CONTROL PLAN SEPT.2024 Page 4 90C-2.0-GRADING PLAN SEPT.2024 Page 5 90C-2.1-GRADING PLAN SEPT.2024 Page 6 90C-2.2-GRADING PLAN SEPT.2024 Page 7 90C-3.0 PAVING PLAN SEPT.2024 Page B 90C-3.1-PAVING PLAN SEPT.2024 Page 9 90C-3.2-PAVING PLAN SEPT.2024 Page 10 90C-4.0-UTILITY PLAN-WASTEWATER PLAN SEPT.2024 Page 11 90C-4.1-UTILITY PLAN-WATER,FIBER AND GAS PLAN SEPT.2024 Page 12 90C-4.2-UTILITY PLAN-WASTEWATERPROFILES _ SEPT.2024 Page 13 90C-5.0-STORM PLAN SEPT.2024 Page 14 90C-6.0-DETENTION POND SEPT.2024 Page 15 90C-7.0-CONSTRUCTION DETAILS SEPT.2024 Page 16 90C-7.1-CONSTRUCTION DETAILS SEPT.2024 Page 17 90C-7.2-CONSTRUCTION DETAILS SEPT.2024 Page 18 90E-0-ELECTRICAL SYMBOL LEGEND SEPT.2024 Page 19 90E-1-OVERALL SITE PLAN-ELECTRICAL SEPT.2024 Page 20 90E-2-NORTH POOL AREA PLAN-ELECTRICAL SEPT.2024 Page 21 90E-3-SOUTH POOL AREA PLAN-ELECTRICAL SEPT-2024 Page 22 90E-4-PARKING_ACCESS ROAD PLAN-ELECTRICAL SEPT.2024 Page 23 90E-5-RESTROOM_FILTRATION BUILDING PLAN-LIGHTING SEPT.2024 Page 24 90E-6-RESTROOM_FILTRATION BUILDING PLAN-POWER SEPT.2024 Page 25 90E-7-CABANAS PLAN-ELECTRICAL SEPT.2024 Page 26 90E-8-WAVE ROOM PLANS-ELECTRICAL SEPT.2024 Page 27 9DE-9-ELECTRICAL RISER DIAGRAM SEPT.2024 Page 28 90E-10-ELECTRICAL PANEL SCHEDULES SEPT.2024 Page 29 90E-11-ELECTRICAL DETAILS SEPT.2024 Page 30 90L-0.1-KEY SH EET SEPT.2024 Page 31 90L-1.0-GENERAL NOTES SEPT.2024 Page 32 90L-2.0-EXISTING CONDITIONS SEPT.2024 Page 33 90L-3.0-DEMOLITION PLAN SEPT.2024 Page 34 90L-3.1-DEMOLITION PLAN SEPT.2024 Page 35 90L-3.2-DEMOLITION PLAN SEPT.2024 Page 36 90L-3.3-DEMOLITION PLAN SEPT.2024 Page 37 90L-4.0-GRADING PLAN SEPT.2024 Page 38 90L-5.0-DECK DRAINAGE PLAN SEPT.2024 Page 39 90L-5.1-DECK DRAINAGE SCHEDULE SEPT.2024 Page 40 90L-6.0-JOINTING PLAN AND DETAIL KEY SEPT.2024 Page 41 90L-6.1-JOINTING PLAN AND DETAIL KEY SEPT.2024 Page 42 90L-6.2-JOINTING PLAN AND DETAIL KEY SEPT.2024 Page 43 90L-6.3-JOINTING PLAN AND DETAIL KEY SEPT.2024 Page 44 90L-7.0-SITE DETAILS SEPT.2024 Page 45 90L-7.1-SITE DETAILS SEPT.2024 Page 46 90L-7.2-SITE DETAILS SEPT.2024 Page 47 90L-7.3-SITE DETAILS SEPT.2024 Page 48 90L-7.4-SITE DETAILS SEPT.2024 Page 49 90L-7.5-SITE DETAILS SEPT.2024 Page 50 90L-7.6-SITE DETAILS SEPT.2024 Page 51 96L-7.7-SITE DETAILS SEPT.2024 Page 52 90L-8.0-LANDSCAPE PLAN SEPT.2024 Page 53 90L-8.1-LANDSCAPE PLAN SEPT.2024 Page 54 90L-8.2-LANDSCAPE PLAN SEPT.2024 Page 55 90L-8.3-LANDSCAPE PLAN SEPT.2024 Page 56 90L-9.0-LANDSCAPE DETAILS SEPT.2024 Page 57 90L-11.0-IRRIGATION PLAN SEPT.2024 Page 58 90L-11.1-IRRIGATION PLAN SEPT.2024 Page 59 90L-11.2-IRRIGATION PLAN SEPT.2024 Page 60 90L-11.3-IRRIGATION PLAN SEPT.2024 Page 61 90L-11.4-IRRIGATION PLAN SEPT.2024 Page 62 90L-12.0-IRRIGATION DETAILS SEPT.2024 Page 63 90L-13.0-IRRIGATION SPECIFICATIONS SEPT.2024 Page 64 9OM-1-FILTRATION& RESTROOM BUILDING-HVAC SEPT.2024 Page 65 9OM-2-NOTES&SCHEDULES-HVAC SEPT.2024 Page 66 9OM-3-DETAILS-HVAC SEPT.2024 Page 67 90P-1-FILTRATION& RESTROOM BUILDING-PLUMBING SEPT.2024 Page 68 90P-2-DETAILS-PLUMBING SEPT.2024 Page 69 9OP-3-GAS RISER-PLUMBING SEPT.2024 Page 70 9OP-4-SCHEDULES&DETAILS-PLUMBING SEPT.2024 Page 71 9051-GENERAL NOTES SEPT.2024 Page 72 19OS2-POOL FOUNDATIONPLAN SEPT.2024 Page 73 9053-POOL FOUNDATIONPLAN SEPT.2024 Page 74 90S4-POOL FOUNDATIONDETAILS SEPT.2024 Page 75 9055-POOL FOUNDATIONDETAILS SEPT.2024 Page 76 9056-POOL FOUNDATIONDETAILS SEPT.2024 Page 77 90S7-BRIDGE_RAMP PLAN SEPT.2024 Page 76 19OS8-BRIDGE_RAMP PLAN SEPT.2024 Page 79 90S30-BRIDGE_RAMP PLAN SEPT.2024 Page 80 90511-ROCKN'RIVER_BARREL ROLL_EQUIPMENT ROOM SEPT.2024 Page 81 9OS12-BRIDGE_RAMP PLAN SEPT.2024 Page 82 9OS13-BRIDGE_RAMP PLAN SEPT.2024 Page 83 90514-ROCKN'RIVER_TYPHOON WAVE GENERATOR_EQUIPMENT PLAN SEPT.2024 Page 84 90SHEET NUMBERS9-3RIDGE_RAMP PLAN SEPT.2024 Page 85 90SP0.0-ACTION RIVER&POOL REFERENCE PLAN SEPT.2024 Page 86 90SP1.0-ACTION RIVER PLAN SEPT.2024 Page 87 90SP1.1-ACTION RIVER SECTIONS SEPT.2024 Page 88 90SP1.2-ACTION RIVER DETAILS SEPT.2024 Page 89 90SP3.3-ACTION RIVER DETAILS SEPT.2024 Page 90 90SP1.4-ACTION RIVER DETAILS SEPT.2024 Page 91 90SP2.0-UPPER POOL PLAN&SECTIONS SEPT.2024 Page 92 90SP2.1-UPPER POOL DETAILS SEPT.2024 Page 93 90SP3.0-POOL PIPING NOTES&SCHEDULES SEPT.2024 Page 94 190SP3.1-POOL SUCTION PIPING PLAN SEPT.2024 Page 95 90SP3.2-POOL RETURN PIPING PLAN SEPT.2024 Page 96 90SP4.0-POOL MECHANICAL NOTES&SCHEDULES SEPT.2024 Page 97 90SP4.1-POOL MECHANICAL ROOM PLAN&SECTIONS SEPT.2024 Page 98 90SP4.2-POOL MECHANICAL DETAILS SEPT.2024 Page 99 90SP4.3-POOL MECHANICAL DETAILS SEPT.2024 Page 100 190SP4.4-POOL MECHANICAL DETAILS SEPT.2024 Page 101 90SP4.5-POOL MECHANICAL DETAILS SEPT.2024 Page 102 90SP4.6 POOL MECHANICAL DETAILS SEPT.2024 Page 103 90SP5.0-ACTION RIVER SYSTEMS SCHEMATIC SEPT.2024 Page 104 90SP5.1-UPPER POOL SYSTEMS SCHEMATIC SEPT.2024 L ' t SpawGIass Providing the Absolute Best ." � " Construction Experience Assumptions and Clarifications City of Round Rock — Old Settler's Park Build Out Package 3C — Rock N River 900/a CD Drawings 3300 E Palm Valley Blvd Round Rock, TX 78665 GENERAL QUALIFICATIONS 1. Kimley Horn and Associates, Inc. is the civil engineer/prime consultant of record. 2. Kimley Horn and Associates, Inc. is the landscape architect of record. 3. Based on an anticipated NTP of February 2025. 4. The baseline schedule is based on a 5-day work week. 5. Normal working hours have been included from 7:00 AM to 5:30 PM unless otherwise noted, with exception to early concrete operations as deemed necessary. It is also assumed that work can occur on a 7 day a week schedule if required. 6. In order to subcontract scopes of work in a timely manner to meet the construction schedule it is assumed that buyout packages will be reviewed within 5 business days of their submission. 7. LEED Certifications or Green Building Programs are not incorporated into the project. 8. Builders Risk Insurance is provided by SpawGlass. Builder's Risk deductible to be paid from construction contingency. 9. Performance & Payment Bonds are provided by SpawGlass. 10. General Liability is provided by SpawGlass. 11. Proposal assumes that the specified material and equipment are available as required to meet the schedule. If they are not available as required, we assume the Owner/Architect will authorize alternate material or equipment selections. 12. Owner must accept GMP within 30 calendar days, at which time pricing may expire. 13. General conditions were originally based on one overall project and GMP during the RFP/RFQ time, and not as later outlined by the City. Any general conditions savings or losses from this package are to be rolled into the other GMP packages. SPECIFIC QUALIFICATIONS Division 01 — General Reauirements and General Conditions 1. SpawGlass general requirements assume a project construction schedule that starts in February 2025 and completes in March 2026 for 280 working days. 2. SpawGlass general conditions are included in the cost reports under Indirect Costs WBS. 3. Construction photos will be taken on a regular basis by SpawGlass. Digital files will be turned in monthly. Aerial photos will also be taken. 4. As-Built drawings, record drawings and record submittals will be kept in electronic format. These files will be accessible to all on the jobsite. Assumptions and Clarifications S. Reasonable repairs or damage caused by contractor(s) will be funded from the CM Contingency if funds remain. 6. Dimensional Control for the Project is included. 7. Individual non-photographic hard hat stickers for workers will be utilized. S. On-site construction facilities have been included in this proposal. 9. Temporary barriers and enclosures are included to delineate construction zone from the public. 10. Construction cleaning and waste management have been included. 11. City fees related to tree mitigation to be by Owner. 12. No sound/vibration monitoring included. Division 02 — Existina Conditions 1. The extent of demolition includes removal of items shown on demo plans. Division 03 — Concrete 1. Includes sidewalks. 2. No piers included. 3. No concrete seater included at flatwork. 4. Normal grey concrete with broom finish at flatwork. Division 04 — Masonry 1. Includes masonry as shown. Please note, existing buildings appear to be single wythe of block. Division 05 - Metals Division 06 — Wood, Plastics, and Composites Division 07 — Thermal and Moisture Protection 1. Includes joint sealants at curbs, sidewalks, paving, and walls. Division 08 — Openings 1. Includes doors and hardware. Division 09 — Finishes 1. Includes all finishes shown. Division 10 — Specialties 1. Included toilet accessories. Assumptions and Clarifications 2. Overhead Coiling Door priced as 24 gauge galvanized with standard powder coat finish, chain operated, slide bar latch. ADD $5,500 for electric motor operated with allowance for power. 3. Excludes ADA Signage and Pavement Markings - Not Shown 4. Included 11 umbrellas/shade structures as shown on drawings. Division 11 — EguiRmment 1. None included. Division 12 — Furnishinas 1. FF&E by CoRR. Division 13 — Special Con2truction 1. Simulated Rock on Pool and River walls is priced as a single step process in tandem with the shotcrete structural walls. 2. Deck equipment provided includes: a. Lifeguard Chairs = 13 b. Pool ADA Lifts = 2 c. Wall Brushes = 4 d. Skimming Net = 4 e. Telescopic Poles = 4 f. Portable Vacuum Poles = 4 g. Test Kits = 2 h. Vacuum Cleaner = 2 i. Robotic Pool Cleaner Upper Pool = 1 j. Robotic Pool Cleaner River = 2 k. Ring Buoys = 10 I. Life Hook = 10 m. Spineboards = 1 n. Rescue Tube = 14 Division 14 — Conveying Equipment 1. None included. Division 21 — Fire Suppression 1. NA Division 22 — Plumbing 1. Included all plumbing shown. 2. Gas piping and heaters are not included in the base scope of work. Assumptions and Clarifications Division 23 — HVAC and Controls 1. Included all HVAC shown. Division 26 — Electrical 1. The transformer and conductors to transformer and from transformer to meter by Oncor. Infrastructure (conduit) for primary by SpawGlass. 2. Includes 5 each Fiber Optic Hand Holes pending clarification. 3. Excludes 4 light poles along Heritage Crossing, included in Harrell Parkway contract. Division 27 — Communications I. NA Division 28 — Electronic Safety &Security 1. No security included. 2. No fire alarm included. Division 31 — Earthwork 1. SWPPP measures as required have been included. 2. SpawGlass assumes that all water can be taken from existing City of Round Rock water utilities on-site, and no water will need to be trucked in from other cities due to water restrictions. 3. Stockpiling topsoil for planters. 4. Excludes termite control treatment. 5. Temporary all-weather drive is not included. Assumed to use permanent drive and adjacent Rec Center Site. 6. Removal of all fat clays under buildings, pool, and action river with fill of V minimum of onsite low PI material for select fill. Assumed to over-ex detention pond for this material. Division 32 — Exterior Improvements 1. No river rock mulch as M/L-9.0 included. 2. Cedar Elm and Live Oak Trees, and Mulch to be provided by Corr for installation by SpawGlass. 3. Includes respreading 4" of stockpiled topsoil, tilling, fertilizing, weed control, and Rock Racking - Import of Top Soil Not Included Division 33 — Utilities 1. All storm piping HDPE as based on KH email. 2. Gas main from Kenny Fort to building by Atmos/CoRR. Assumptions and Clarifications 3. Excludes the addition of a meter assembly and backflow preventor on the Reclaimed Water system in place - Not Shown at tie in. 4. Includes 3" domestic water meter, 3" RPZ, and 4" PVC water service line to the Restroom/ Pool Building. EXCLUSIONS 1. Permits, by Owner. 2. LEED documentation and Submittals. 3. We have not included the following items as we assume, they will be provided in a timely manner by the Owner at no cost to SpawGlass: a. Materials Testing Services b. Excludes all local electrical utility fees for permanent power. 4. Preconstruction costs for the Project are not included in this budget. 5. Contaminated soils - hauling or disposal. 6. No masonry benches included in this budget, as are currently installed at the existing waterpark. 7. No life guard towers included. 8. No waterproofing at pool or action river. 9. No French drain included behind action river walls. 10. Termite control. AB 6 PROPOSED GMP BREAKDOWN • r f Sp ass Summary Report RNR90% GMP Rev 01 90% Rev01 Estimate Date: 11/20/2024 Documents Date: 09/12/2024 Project Size (SF): 667,415 Project #t: 3023121.03C2 Project Location: Round Rock Lead Estimator: Tom McClanahan ITEM COST COST I SF % OF TOTAL General Requirements (667,415 SF) 79,262 0.12 0.41 Site - Clearing, Grading, Utilities, Drives, Parking, 4,081,775 II 6.12 21.19 % Detention Pond - Grading, Spreading Top Soil, 601,969 2.37 3.12 % Pool Area - Deck, Fencing, Lighting, Drainage, 2,897,83721.33 15.04 % Action River and Pools - Concrete, Backfill, 6,909,283 305.57 35.87 % Restroom and Pool Equipment Building (4,864 SF) 2,371,925 487.65 12.31 % Indirect Costs 1 2,321,268 1 3.48 12.05 % Tota!Cost $ 19,263,319 $ 28.86 100.000/0 R N R 90%GMP Rev 01 Estimate Date: 11/10/2024 90%Rev01 Page 1 of 1 Documents Date:09/12/2024 Recap Report RNR90% GMP Rev 01 90% Rev01 Estimate Date: 11/20/2024 Documents Date: 09/12/2024 Project Size (SF): 667,415 Project #: 3023121.03C2 Project Location: Round Rock Lead Estimator: Tom McClanahan ITEM COST COST I SF "/o OF TOTAL General Requirements (667,415 SF) 79,262 0.12 0.41 % Div. 01 - General Requirements 79,262 0.12 100.00 % Site - Clearing, Grading, Utilities, Drives, Parking, Landscaping (667,415 SF) 4,081,775 6.12 21.19 Div. 02 - Existing Conditions 56,624 0.08 1.39 Div. 05 - Metals 4,476 L 0.01 0.11 % Div. 07 -Thermal &Moisture Protection 2,950 I 0.00 0.07 % Div. 10 - Specialties - 650 0.00 0.02 % Div. 26 - Electrical 1,238,964 I 1.86 30.35 Div. 31 - Earthwork 1,007,221 1.51 24.68 % Div. 32 - Exterior Improvements 960,536 1.44 23.53 % Div. 33 - Utilities 810,355 1.21 19.85 Detention Pond- Grading, Spreading Top Soil, Hydroseeding, and Temp Irrigation (254,237 601,969 2.37 3.1201b SF) Div. 31 - Earthwork 140,949 0.55 23.41 % Div. 32 - Exterior Improvements 390,732 1.54 64.91 % Div. 33 - Utilities 70,288 0.28 11.68 % Pool Area - Deck, Fencing, Lighting, Drainage, o Cabanas, Fencing (135,837 SF) 2,897,837 21.33 15.04 /o Div. 05 - Metals 122,805 0.90 4.24 Div. 06 - Wood, Plastics &Composites 110,100 0.81 L 3.80 % Div. 07 - Thermal& Moisture Protection 84,080 0.62 2.90% Div. 09 - Finishes 36,096 0.27 1.25 % Div. 10 - Specialties 175,065 1.29 6.04 % Div. 22 - Plumbing 9,500 0.07 0.33 % Div. 26 - Electrical 648,091 4.77 22.36 % Div. 31 - Earthwork 129,730 0.96 4.48 R N R 90%GMP Rev 01 Estimate Date: 1112012024 90%ReV01 Page 1 of 3 Documents Date:0911212024 ITEM COST COST I SF % OF TOTAL Div. 32 - Exterior Improvements 1,147,365 8.45 39.59 % Div. 33 - Utilities j 435,005 3.20 15,01 % Action River and Pools - Concrete, Backfill, Structures, Equipment, and Finishes (22,611 6,909,283 305.57 35.87 % SF) Div. 04 - Masonry 35,950 1.59 0.52 % Div. 05 - Metals 13,192 0.58 0.19% Div. 06 - Wood, Plastics &Composites 20,800 0.92 0.30 % Div. 08 - Openings 40,468 1.79 0.59 % Div. 09 - Finishes 15,450 0.68 0.22 % Div. 13 - Special Construction 6,759,561 298.95 97.83 % Div. 23 - Heating, Ventilating &Air Conditioning 11,250 0.50 0.16 % Div. 32 - Exterior Improvements 12,612 0.56 0.18 % Restroom and Pool Equipment Building (4,864 0 SF) 2,371,925 487.65 12.31 /o Div. 03- Concrete 266,988 54.89 11.26 Div. 04 - Masonry 227,950 46.86 9.61 Div. 05 - Metals 41,915 8.62 1.77 % Div. 06 - Wood, Plastics&Composites 159,767 32.85 6.74 % Div. 07 - Thermal & Moisture Protection 133,890 27.53 5.64 % Div. 08- Openings 134,493 27.65 5.67 % Div. 09 - Finishes 86,872 17.86 3.66% Div. 10 - Specialties 41,040 8.44 1.73 % Div. 22 - Plumbing 416,000 85.53 17.54 % Div. 23 - Heating, Ventilating &Air Conditioning 100,750 20.71 4.25 % Div. 26 - Electrical ^ �- 655,000 134.66 I 27.61 % Div. 31 - Earthwork 102,700 21.11 --}' 4.33 % Div. 33 - Utilities 4v 4,560 0.94 0.19 % R N R 90% GMP Rev 01 Estimate Date: 1112012024 90% Rev01 Page 2 of 3 Documents Date:0911212024 ITEM COST COST I SF % OF TOTAL Indirect Costs . : 3.48 12.05 % General Conditions 305,086 0.46 1.58 % Builder's Risk Insurance 25,042 0.04 0.13 % General Liability Insurance 145,245 0.22 0.75 % Payment and Performance Bonds I 141,212 0.21 0.73 % Subcontractor Default Insurance (SDI) I 211,776 0.32 1.10 % Warranty_ `1 48,158 _ 0.07 0.25 Contractor's Contingency 385,266 0.58 2.00 % Owner's Design Development/Contingency 385,266 0.58 2.00 % Overhead and Profit 674,216 1.01 3.50 % Total Cost $ 19,263,319 $ 28.86 100.00 R N R 90%GMP Rev 01 Estimate Date: 1112012024 90%ReV01 Page 3 of 3 Documents Date:0911212024 Detail Report (Direct Costs Only) RNR90% GMP Rev 01 90% Rev01 Estimate Date: 11/20/2024 Documents Date: 09/12/2024 Project Size (SF): 667,415 Project #: 3023121.03C2 Project Location: Round Rock Lead Estimator: Tom McClanahan ITEM QUANTITY I UM UNIT COST TOTAL COST General Requirements 79,262 Div. 01 - General Requirements 79,2621 General Requirements 79,262 Temporary Fencing - Rental (6' h Chain Link Fence 6,652.3 LF 5.00 33,262 w/Driven Posts) Wind Screen on Existing Fencing Separating _ 600.0 LF 10.00 6,000 Existing and Proposed Temporary Bridges to Span River Channel For 2.0 Each 20,000.00 40,000 Equipment and Personnel Access Site - Clearing, Grading, Utilities, Drives, Parking, Landscaping 4,081,775 Div. 02 - Existing Conditions 56,6241 Demolition 56,624 Demo and Hauling - Existing Primary Electrical 1.0 LS 56,624.00 56,624 Service, Headwalls, Curbing,and Pavement Div. I Structural/Miscellaneous Steel 4,476 Fabricate Bollards For Transformer 6.0 Each 745.93 4,476 f7 - Thermal& Moisture ProtectionI Waterproofing/ Dampproofing /Joint Sealants 2,950 Sidewalk, Paving, and Curbing Sealants 1.0 LS 2,950.00 2,950 Div. 10 - Specialties 650 Fire Protection Specialties 650 Knox Box 1.0 Each 650.00 650 Div. 26 - Electrical 1,238,964 Electrical 1,238,964 Reroute of Primary Electrical Conduits For the 1,072.3 LF 160.00 171,565 Existing Facility Pending Design R N R 90% GMP Rev 01 Estimate Date:1 112 012 02 4 90% Rev01 Page 1 of 8 Documents Date:0911212024 ITEM QUANTITY I UM UNIT COST TOTAL COST Underground Fiber Optic Conduits - Drawings and 1.0 LS 133,000.00 133,000 Comments - Pending Final Design Site Electrical, - Primary, Secondary Copper Feeders, Pole Lights, Fiber Optic Conduit, Branch 1.0 LS 934,399.00 934,399 Circuits, Data /Telecom Conduits - Allocate Lump Sum Electrical Quote Div. 1,007,221 Earthwork 1 975,441 Earthwork - Allocate Quote, Clear, Grub, Grading, Subgrade Preparation, Compacted Base, and Finish 1.0 LS 975,441.00 975,441 Grading Erosion Control t- 31,780 SWPPP Narrative, Notice of Intent, Stabilized Construction Entrance, Silt Fencing, Shore Max, 1.0 LS 31,780.00 31,780 Tree Fencing, Inlet Protection, and Weekly Inspections Div. 32 - Exterior Improvements • .0 ,536 Asphalt Paving 319,418 2" Asphalt Paving For Parking Spaces and Drive 1.0 LS 314,925.00 314,925 Lanes Patch Asphalt For Waste Water and Irrigation 449.3 SF 10.00 4,493 Sleeve Crossing Site Concrete 390,364 Transformer Pad, Pipe Bollards, Concrete Drive, Approach, Ribbon Curb, C& G, Pole Bases, 1.0 Each 390,364.00 390,364 Sidewalks, and Storm Headwalls Landscaping/Irrigation 250,754 Plant Cedar Elm and Oak Trees, Steel Edging, ~* Hydro-Seeding, Sod, Permanent and Temporary 1.0 LS 250,754.00 250,754 Irrigation, Irrigation Sleeves, Conditioning of Respread Top Soil, Decomposed Granite Div. 33 - Utilities 810,355 ;: Site Utilities 810,355 Locate Existing Utilities, Waste Water, Water, 1.0 Each 810,355.00 810,355 Storm - Allocate Utility Contractor Quote Detention Pond - Grading, Spreading Top Soil, Hydroseeding, and Temp 601,969 ,Irrigation Div. 31 - Earthwork r Earthwork 140,949 Compacted Limestone Base Under Trickle Channel, Rough Grading, and Finish Grading -Allocate Lump 1.0 LS 140,949.00 140,949 Sum Quote Div. . . •0 ,732 Site Concrete 125,382 R N R 90% GMP Rev 01 Estimate Date: 1 112 012 02 4 90%Rev01 Page 2 of 8 Documents Date:0 911 212 02 4 ITEM QUANTITY I UM UNIT COST TOTAL COST 12" End Treatment, 60" HDPE Outfall, Emergency 1.0 Each 125,382.00 125,382 Spillway, and Concrete Trickle Channel Landscaping/Irrigation 265,350 Conditioning of Respread Top Soil By Earthwork Contractor, Hydroseeding, and Temporary 1.0 LS 265,350.00 265,350 Irrigation Div. 33 - Utilities 70,288 Site Utilities 70,288 Pond - Demo Existing SET, Box Culverts, Steel Restrictor Plates, Trench Grating, Rock Rip Rap, - 1.0 Each 70,288.00 70,288 Allocate Utility Quote Pool Area -Deck, Fencing, Lighting, Drainage, Cabanas, Fencing 2,897,837 ► : ► Structural/Miscellaneous Steel 57,405 6" Steel Columns, Embed and Wood Framing 48.0 Each 1,195.93 57,405 Attachment Plates - 6 Cabana Structures Stainless Steel/ Aluminum Fabrications 65,400 Stainless Steel Guardrails and Handrails For 1.0 LS 65,400.00 65,400 Bridge, Steps, and Ramp Div. 06 - Wood, Plastics & Composites 110,100 Wood Framing 110,100 Material and Labor to Build the Cabanas 6 Each 1.0 LS 110,100.00 110,100 Div. ►7 - Thermal & Moisture Protectionr ► Waterproofing/DampprooFng/Joint Sealants 56,360 Sealants and Sealer - Pool Deck Control and Expansion Joints, Barrell Roll and Typhon CMU 1.0 LS 56,360.00 56,360 Joint Sealants Roofing 27,720 Cabanas - 6 Each - Corrugated Metal Roof Panels 1 1.0 LS 27,720.00 27,720 1/16" Rib Height 7- Div. ► • ► • . Painting/ Wall Coverings 4 36,096 Cabanas - 6 Each Painting of Columns, and Stain 1.0 LS --j— 36,096.00 36,096 and Seal Wood ► ► • Protective Covers/Sunscreens 175,065 Shade Structures - Twilite 8 Point 20' Diameter Hot Dip Galv with Powder Coating - Including 11.0 Each I 15,915.00 175,065 Installation Div. ► ► R N R 90% GMP Rev 01 Estimate Date:1112012024 90% Rev01 Page 3 of 8 Documents Date:0911212024 ITEM QUANTITY I UM UNIT COST TOTAL COST Plumbing I 91500 Pool Deck Shower 1.0 Each 9,500.00 91500 Div. 26 - Electrical 0. Electrical I 648,091 Pool Area Electrical Power, Lighting, Musco Installation, Lightning Protection, Grounding, 1.0 LS 648,091.00 648,091 Cabana Area Power and Lighting Div. 31 - Earthwork i Earthwork 129,730 Pool Area Grading - and Select Fill 1.0 LS 96,990.00 96,990 Pool Side Excavation and Layback 1:1 1.0 LS 32,740.00 32,740 Div. Site Concrete 652,190 Apron Around Drains, Steps, Pool Deck Paving, 1.0 Each 652,190.00 652,190 Footing For Simulated Rock Structures Trafflc Markings/Signage 23,450 Thermoplastic Pavement Markings on Asphalt, Red 1.0 LS 23,450.00 23,450 Curb Painted, Wheel Stops Fences/ Gates 213,809 Vehicular Swing Gates Across Driveway, Post and Net Fencing, 4' Aluminum Fencing &Gates, and 8' 1 1.0 LS 213,809.00 213,809 Fencing and Gates Landscaping /Irrigation 246,716 Plant Cedar Elm Trees, Plants, Planting Soil, Steel Edging, Hydro-Seeding, Sod, Permanent and j 1.0 LS 241,250.00 241,250 Temporary Irrigation, Conditioning of Respread Top Soil, Decomposed Granite Irrigation System Permanent - Materials, Install, 8,281.8 SF 0.66 5,466 Equipment, &Fuel - Pool Area Planting Beds Hardscape 11,200 Boulders in Landscape Area 1.0 LS 11,200.00 11,200 Div. 33 - Utilities i0 Site utilities 435,005 French Drain Along Concrete Footing, PVC Piping, 1.0 LS 435,005.00 435,005 12" Drains, 24" Drains, Trench Drains, and Fittings Action River and Pools - Concrete, Backfill, Structures, Equipment,. and 6,909,283 Finishes 0• - Masonry 35,950 Masonry/Stone 35,950 CMU - Typhoon Pump Room and Barrell Roll Pump .0 t S 35,950.00 35,950 Room R N R 90%GMP Rev 01 Estimate Date:1112012024 90% Rev01 Page 4 of 8 Documents Date:0911212024 ITEM QUANTITY I UM UNIT COST TOTAL COST Div. 05 - Metals 13,192 ' Structural/Miscellaneous Steel ,1 13,192 Steel Hoist Beams For Pump Rooms - Barrell Roll and Typhoon 2.0 Each 6,595.93 13,192 Div. 06 - Wood, Plastics & Composites 20,800 Wood Framing 20,800 Material and Labor to For Barrell Roll and Typhoon 1.0 LS 20,800.00 20,800 Pump Room Roofs Div. 08 - Openings 40,468 Doors/Frames/ Hardware 26,950 Barrell Roll and Typhoon Buildings - Doors, 1.0 LS 26,950.00 26,950 Frames, Louvers, Hardware, and Installation Louvers/ Vents 13,518 Purchase Architectural Wall Louvers - Texas Air 4.0 Each 2,975.00 11,900 Products Install Architectural Wali Louvers 4.0 Each 404.50 1,618 0• - Finishes 15,450 Painting / Wall Coverings 15,450 Barrell Roll and Typhoon Building Painting 1.0 LS 15,450.00 15,450 Div. , • Swimming Pools 6,759,561 Action River and Upper Pool 1.0 LS 5,905,484.00 5,905,484 Action River Bridge, Steps, and Ramp 1.0 LS 92,600.0092,600 Backfill 5' Wide Perimeter of Pool With 57 Drainage 1.0 LS 170,000.00 170,000 Stone Simulated Rock and Rock Walls, and Coping 1.0 LS 551,623.00 551,623 Pool Furnishings - Lifeguard Chairs, Fiberglass Poles, Ladder For Surge Tank, Robotic Cleaners, 1.0 LS 39,854.00 39,854 and Other Miscellaneous Equipment Div. 23 - Heating, Ventilating & Air Conditioning 11,250 : HVAC 11,250 Exhaust Fans EF - 4 and Duct For Barrell Roll and ' 1.0 L$ 11,250.00 11,250 Typhoon Buildings Div. Hardscape 12,612 Boulders in Pool Islands 4" to 12" Diameter 1.0 LS _12,612.00 12,612 Restroom and Pool Equipment Building t 2,371,925 Div. 03 - Concrete 266,98-B R N R 90% GMP Rev 01 Estimate Date:11/20/2024 90%Rev01 Page 5 of 6 Documents Date:0911212024 ITEM QUANTITY I UM UNIT COST TOTAL COST Cast-In-Place Concrete (Building) 266,988 Restroom/ Pool Building Foundation Walls, Beams, 1.0 LS 266,988.00 266,988 Slabs, Pits, Curbing, and Housekeeping Pads Div. I • I Masonry/ Stone 227,950 CMU - 8" and 12", Interior and Exterior 1.0 LS 227,950.00 227,950 Div. 05 - Metals 41,915 Structural/Miscellaneous Steel 41,915 Pit and Backwash Gates, Grates, Ladder, Railing, 1.0 LS 41,914.93 41,915 and lintels Div. 0. Wood, Plastics & Composites Wood Framing 153,900 Restroom/ Pool Equipment - Roof Structure, 1.0 LS 153,900.00 153,900 Ceilings, Trims, and Cornice' FRP Panels/ Plastic Fabrications 5,867 FRP Wall Panels in Electrical Room 1.0 LS 5,866.67 5,867 Div. f7 - Thermal & Moisture ProtectionI Waterproofing/Dampproofing /Joint Sealants 38,732 Below Grade Waterproofing Exterior Side of 1.0 LS 38,732.00 38,732 Building Perimeter Walls Roofing 95,158 Standing Seam Roof Panels, Ridge Vent, Gutters, 1.0 LS 95,158.00 95,158 and Downspouts I - Openings Doors/ Frames / Hardware 110,560 Restroom/ Pool Building - Doors, Frames, 1.0 L.5 110,560.00 110,560 Hardware, Louvers, and Installation OH/Coiling Doors / Grilles 11,500 10' x 7' Coiling Door, Chain Hoist Operated, 24 Gauge, Galvanized With Standard Powder Coat 1.0 Each 11,500.00 11,500 Finish Slide Bar Latch, ADD $4,500 For Motor Operated Including Electrical Allowance Louvers / Vents 12,433 Purchase Architectural Wall Louvers - Texas Air 3.0 Each — 3,740.0 11,220 Products Install Architectural Wall Louvers j 3.0 Each 404.50 1,213 Div. I • - Finishes 86,872 Drywall/Acoustical 11,133 Drywall Ceiling and Tile Backerboard Over 1.0 LS 11,133.00 11,133 Electrical Room Ceiling R N R 90%GMP Rev 01 Estimate Date: 1 112 012 024 90%Rev01 Page 6 of 8 Documents Date:0911212024 ITEM QUANTITY I UM UNIT COST TOTAL COST Resinous/Epoxy Flooring II 27,825 Epoxy Flooring and Wall Base - Restroom Area 1.0 LS 27,825.00 27,825 Painting/ Wall Coverings 45,989 Graffiti Coating, Painting Exterior Trims, Interior 1.0 LS 45,989.00 45,989 CMU, and Interior Ceilings _ _ Concrete Floor Finishes 1,925 Sealed Concrete - Pool Equipment, Chase, Storage 1.0 LS 1,925.00 1,925 Areas I - Specialties 41,040 Display Cases/ Directories/Plaques 3,500 Plaques Cast Aluminum Detail 7 Sheet L-7.0 1.0 Each 3,500.00 3,500 Toilet Compartments/Accessories 35,290 Toilet and Shower Accessories, Compartments, 1.0 LS 35,290.00 35,290 Benches, Including Installation Fire Protection Specialties 2,250 Fire Extinguishers 1.0 LS 1,600.00 1,600 Knox Box 1.0 Each 650.00 650 Div. 22 - Plumbing 416,0007 Plumbing 416,000 Restroom and Pool Equipment Building - Plumbing I1.0 LS 416,000.00 416,000 Turnkey Quote i Div. 23 - Heating, Ventilating & Air Conditioning 100,75 HVAC 100,750 HVAC - Exhaust Fans, Ducts, Air devices, Mini- 1.0 LS 100,750.00 , 100,750 Split, and Unit Heaters . 655,00 I Electrical 655,000 Pool Equipment, Restroom Power and Lighting, 1.0 LS 655,000.00 655,000 Gear and Panels - Allocate Lump Sum Quote EarthworkI / / Earthwork 102,700 - --- — - Building Pad Remove Clay, Subgrade Preparation, Place and Compact Select Fill 1.0 LS 102,700.00 102,700 Minimum of 1' Select Fill With 3' CB Div. 33 - Utilities .0 Site Utilities 4,560 Waste Water Line Branch to Pool / Restroom 1.0 LS 4,560.00 4,560 Building, Clean-Outs, Connect to Building Stub-Out R N R 90% GMP Rev 01 Estimate Date:1112012024 90% Rev01 Page 7 of 8 Documents Date:0911212024 Total - Direct Costs $ 16,942,051 R N R 90% GMP Rev 01 Estimate Date: 11/20/2024 90%Rev01 Page 8 of 8 Documents Date:09112/2024 Variance Report R N R Comparison of 60% Rev 01 and 90% Rev 01 Estimates Report Date: 11/20/2024 Project #: 3023121.03C2 Project Location: Round Rock Lead Estimator: Tom McClanahan Client: City of Round Rock ITEM Estimate 1 Estimate 2 Variance 60% Estimate Estimate Revision 01 90% RevO I Estimate Date 1 08/30/2023 11/20/2024 448 Days Documents Date 07/01/2024 09/12/2024 73 Days Project Size (SF) 667,415 667,415 0 Direct Costs 15,120,276 16,942,051 1,821,775 General Requirements 389,919 79,262 -310,658 Demolition 20,119 56,624 36,505 Cast-In-Place Concrete (Building) 238,635 266,988 28,353 Masonry/ Stone 221,048 263,900 42,852 Structural/Miscellaneous Steel 74,604 116,987 42,383 Stainless Steel/Aluminum Fabrications 41,734 65,400 23,666 Wood Framing 209,423 284,800 75,377 FRP Panels/ Plastic Fabrications 5,860 5,867 7 Waterproofing/ Dampproofing/Joint Sealants 120,450 98,042 -22,408 Roofing 115,247 122,878 7,631 Doors/ Frames/ Hardware 71,850 137,510 65,660 OH/Coiling Doors / Grilles 11,500 11,500 0 Louvers Vents 15,740 25,951 10,211 Drywall /Acoustical 7,845 11,133 3,288 Resinous/Epoxy Flooring 29,812 27,825 -1,987 Painting / Wall Coverings 50,925 97,535 46,610 Concrete Floor Finishes 2,789 1,925 -864 Display Cases/ Directories / Plaques 3,500 3,500 0 Signage / Identification Devices 5,825 0 -5,825 R N R Comparison of 60%Rev 01 and 900.6 Rev 01 Estimates City of Round Rock Est. 1: 60% Estimate Revision 01 (0813012023) 11/2012024 Est. 2: 90%Rev01 (null) Page 1 of 3 ITEM Esti nate 1 Estimate 2 Variance Toilet Compartments/Accessories 34,916 35,290 374 Fire Protection Specialties 3,088 2,900 -188 Protective Covers / Sunscreens 119,430 175,065 55,635 Swimming Pools 6,525,000 6,759,561 234,561 Plumbing 40S,864 425,500 19,636 HVAC 134,090 112,000 -22,090 Electrical 2,116,644 2,542,055 425,411 Earthwork 861,045 1,348,820 487,775 Erosion Control 30,686 31,780 1,094 Asphalt Paving 295,676 319,418 23,742 Site Concrete 822,415 1,167,936 345,521 Traffic Markings/Signage 20,202 23,450 3,248 Fences/Gates 201,613 213,809 12,196 Site Furnishings 0 0 0 Landscaping/Irrigation 732,600 762,820 30,220 Hardscape 43,115 23,812 -19,303 Site Utilities 1,137,069 1,320,208 183,139 R N R Comparison of 60%Rev 01 and 90%Rev 01 Estimates City of Round Rock Est. 1: 60%Estimate Revision 01 (0813012023) 1112012024 Est. 2: 90%Rev01 (1 112 012 02 4) Page 2 of 3 ITEM Estimate 1 Estimate 2 Variance Indirect Costs 2,498,153 2,321,268 -176,885 General Conditions 305,086 305,086 L 0 Builder's Risk Insurance 22,904 25,042 2,138 General Liability Insurance 132,843 145,245 12,402 Payment and Performance Bonds 130,520 141,212 10,692 Subcontractor Default Insurance (SDI) 189,003 T 211,776 22,772 Warranty I 44,046 48,158 4,112 Contractor's Contingency 528,553 385,266 1 -143,286 Owner's Design Development/Contingency 528,553 385,266 -143,286 Overhead and Profit 616,645 674,216 S7,571 Total Cost 17,618,429 $ 19,263,319 $ 1,644,890 R N R Comparison of 60% Rev 01 and 90%Rev 01 Estimates City of Round Rock Est. 1: 60% Estimate Revision 01 (0813012023) 1112012024 Est. 2: 90% Rev01 (1 112 012 02 4) Page 3 of 3 PROJECT: CoRR Rock N River 90%GMP Estimate RE: Alternates BATE: November 11,2024 Alternate 1: Gas Fired Pool and River Heaters Pool Heater- 1 Each $375,000.00 Gas Piping and Connections $128,000.00 Exhaust Venting Flues $30,000.00 Painting of Gas Piping $1,200.00 Roof Penetrations and Flashings $1,800.00 Estimated Direct Cost $536,000.00 Indirects (14%) $69,871.72 Estimated Total $499,083.72 Alternate 2: Gas Fired Water Heater in Lieu of Electric in Base Bid Gas Heater Cost Difference,Piping and Connections $10,589.00 Exhaust Venting Flues $4,800.00 Painting of Gas Piping $200.00 Roof Penetrations and Flashings $600.00 Estimated Direct Cost $16,189.00 Indirects (14%) 2,296.00 Estimated Total t6,400.00 Alternate 3: Gas Unit Heater in Pool Equipment Room Gas Heater Cost Difference,Piping and Connections $5,178.00 Exhaust Venting Flues $3,300.00 Painting of Gas Piping $200.00 Roof Penetrations and Flashings $600.00 Estimated Direct Cost $9,278.00 Indirects (14%) $1,152.23 Estimated Total $8,230.23 r. 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I .Trn...«...n...q- It U ti •III {0 U Qicaca � aRa � acaaa � aaac �� � � � i $��� PROCUREMENT PACKAGE .�� STRATEGY Providing the t 1 �' kr SpawGlass Absolute Construction Bid Proposal Package Strategy City of Round Rock - Old Settler's Park Build Out Package 3C - Rock `N River 90% CD Drawings 3300 E Palm Valley Blvd Round Rock, TX 78665 Long Lead Time Equipment and Material Currently we believe that the electrical gear is the only long lead time. Construction Document Packages It is tentatively anticipated that multiple packages will not be required to satisfy material procurement and/or drawing development. Proposal Package Strategy The project will be advertised for proposals from suppliers, subcontractors, and vendors for all major features of work. Proposals shall be received via mail, email, courier, or hand delivered from subcontractors and suppliers. Any addendums that may be required will be issued one week prior to receiving proposals. The respondents will be evaluated on the subcontractors' ability to perform the work. Subcontractors will be recommended based on their company's personnel and corporate qualifications. SpawGlass will recommend the best value supplier and/or subcontractor to the Owner for concurrence prior to negotiating their contract. ti SpawGlass Contractors, Inc. 1111 Smith Road Austin, TX 78785 512-719-5251 www.SpawGiass.com Connect with us today! ®• @ .