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Contract - Texas Pride Utilities, LLC - 2/22/2024 CITY OF ROUND ROCK UTILITIES AND ENVIRONMENTAL SERVICES ROUND ROCK TEXAS Project Manual For: CYCLE 3 - BASIN 4 & 5 WASTEWATER MAIN REHABILITATION DECEMBER 2023 QF TFt I y'00 Prepared By: Addison Skr1a, P.E., C.F.M. ....:..............................., S ADDISON SKRIA Kasberg, Patrick&Associates, LP 137146 �= 800 South Austin Avenue 00 . Georgetown,Georgetown, Texas 78626 O`AL �� (512) 819-9478 APPROVED BY TBPE Firm Registration No. 150 CITY ATTORNEY L /�4� Notice to Proposers Pursuant to the provisions of Texas Local Government Code, Section 2267.056,it is the intention of the City of Round Rock to select,via the Request for Proposal,to select a prime contractor by using the Competitive Sealed Proposal process for the construction of the Cycle 3—Basin 4&5 Wastewater Main Rehabilitation Project as generally described herein.The project includes replacement of 8-inch wastewater line by open cut; 6-inch, 8-inch and 15-inch wastewater line by CIPP;replacement of 6-inch, 8-inch, 12-inch and 15-inch wastewater line by pipe burst. Sealed Proposals containing one digital copy,on a USB Flash Drive,and a total of three(3)hard copies of each proposer's complete"Proposal Form,"(Proposal Form not required on digital copy)"Questionnaire,"and any other required or additional materials that follow the"Format of Submitted Proposal"must be submitted to Eddie Zapata,City of Round Rock, 3400 Sunrise Road,Round Rock,TX 78665 no later than December 20,2023 at 2:00 pm in an opaque envelope/packaging,sealed,and clearly marked on the outside with: Proposal to Serve as Competitive Sealed Proposal for the CYCLE 3—BASIN 4&5 WASTEWATER MAIN REHABILITATION Proposals will be publicly opened and read aloud at City of Round Rock Utilities and Environmental Services,3400 Sunrise Rd,Round Rock,TX 78665 at 2:OOpm on December 20,2023.No oral,telegraphic or facsimile proposals will be accepted. No late proposals will be accepted. No proposals may be withdrawn after the scheduled proposal opening deadline. All proposals received after the scheduled proposal opening deadline will be returned unopened. Proposals are to include the specific qualification information requested in the sequence and format prescribed in the Proposal Packet including Plans,Bid Forms, Specifications,and Instructions to Bidders may be obtained free of charge at the following web address: www.civcastusa.com. Registration with CivCast is required at the website to download the documents. Bidders shall be responsible for printing or obtaining prints of the aforementioned documents as necessary.For questions please contact the City's Project Manager,Eddie Zapata at(512)218-6605. Each proposal must be accompanied by a cashier's check or acceptable bond payable to the City of Round Rock in an amount not less than five percent(5%)of the total proposed contract sum,plus alternates as submitted. The successful proposer will be required to furnish payment bonds and performance bonds in amounts equal to one hundred percent(100%)of the contract sum,in accordance with chapter 2253 of the Texas government Code,within five (5)days of award of contract. Selection of the successful Proposer will be based on the selection criteria set forth in the instructions to proposers. In case of ambiguity,duplication or obscurity in the proposals,The City of Round Rock reserves the right to reject any and/or all proposals and waive any informalities and irregularities in any and/or all proposals received. Contractors and subcontractors shall pay to laborers,workman and mechanics the prevailing wage rates as determined by the City of Round Rock Publication Dates: Round Rock Leader 1. December 6,2023 2. December 13,2023 City of Round Rock, Texas Instructions to Proposers: Section 00100 INSTRUCTIONS TO PROPOSERS CYCLE 3—BASIN 4& 5 WASTEWATER MAIN REHABILIATION 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the contract forms, including General Conditions and Supplemental General Conditions and other specification sections, are applicable documents. 1.2 DEFINITIONS A. All definitions set forth in the General Conditions and Supplemental General Conditions, in Round Rock's "Standard Form of Agreement between Owner and Contractor," and in other contract documents are applicable to these proposal documents. B. Proposal documents include the Request for Competitive Sealed Proposals for Construction Services, Instructions to Proposers, Proposal Form, sample bond and contract forms,and the proposed contract documents including any addenda issued prior to receipt of proposals. C. Addenda are written or graphic instruments issued prior to the opening of the proposals which modify or interpret the proposal documents (including drawings and specifications) by additions, deletions, clarifications or corrections. Addenda become part of the contract documents when the Standard Form of Agreement between Owner and Contractor is executed. D. The City of Round Rock may be referred to in the proposal documents as Owner. E. A proposal is a complete and properly signed proposal to do the Work for the sums stipulated therein, submitted in accordance with the proposal documents. F. The base contract sum is the sum stated in the proposal for which the Proposer offers to perform the work described in the proposal documents as the base, to which work may be added or from which work may be deleted, for sums stated in alternate proposals, if alternate proposals are required. G. An alternate proposal (or alternate) is an amount stated in the proposal to be added to or deducted from the amount of the base contract sum and the corresponding change in the work, as described in the proposal documents or in the proposed contract documents. H. A unit price is an amount stated in the proposal as a price per unit of measurement for materials or service as described in the proposal documents or in the proposed contract documents. I. A Proposer is a person or entity who submits a proposal. J. A subcontractor is a person or entity who submits a proposal to a Proposer for materials or labor for a portion of the Work. K. The Contractor is the person or entity that has been determined to provide the best value for Owner based on Owner's Selection Criteria and its ranking evaluation, and to whom Owner awards the contract. L. Contract refers to the City of Round Rock's"Standard Form of Agreement between Owner and Contractor." 1.3 EXAMINATION OF DOCUMENTS AND SITE A. Each Proposer, by making a proposal, represents that she/he has read and understands the proposal documents. B Each Proposer, by making a proposal, represents that she/he has visited the site, performed investigations and verifications as she/he deems necessary, and familiarized her/himself with the local conditions under which the Work is to be performed, and will be responsible for any and all errors in her/his proposal resulting from failure to do so. C. The location and elevations of the various utilities and pipe work included within the scope of the Work are offered as a general guide only, without guarantee as to accuracy. The Proposer shall verify and investigate to her/his own satisfaction the location and elevation of all utilities, pipe work, and the like and shall adequately inform her/himself of their relation to the work before submitting a proposal. D. Before submitting a proposal each Proposer will, at Proposer's own expense,make or obtain any additional examinations, investigations, explorations, tests and studies and obtain any additional information (surface, subsurface, and underground facilities) at or contiguous to the site, or otherwise, which may affect cost, progress, performance or furnishing of the Work and which Proposer deems necessary to determine her/his proposal for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the contract documents. E. On request in advance, Owner will provide each Proposer access to the site to conduct explorations and tests as each Proposer deems necessary for submission of a proposal. Proposer shall fill all holes, clean up, and restore the site to its former condition upon completion of such explorations. F. The lands upon which the Work is to be performed,all rights-of way and easements for access thereto, and other lands designated for use by Contractor in performing the Work are identified in the contract documents. G. Each Proposer,by making her/his proposal,represents that her/his proposal is based upon the materials, systems, and equipment required by the proposal documents without exception. 1.4 PROPOSAL DOCUMENTS A. Complete sets of proposal documents shall be used in preparing proposals; neither Owner nor the Architect or Engineer assumes any responsibility for errors or misinterpretations resulting from use of incomplete sets of proposal documents. B. Owner or the Architect or Engineer, in making copies of the proposal documents available on the above terms, do so only for the purpose of obtaining proposals on the Work and do not confer a license or grant for any other use. 1.5 PROPOSAL PROCEDURES A. All proposals shall be prepared on the Proposal Form provided by the Architect or Engineer and submitted in accordance with these Instructions to Proposers. Proposers shall provide all requested information. B. A proposal is invalid if it has not been deposited at the designed location prior to the time and date for receipt of proposals indicated in the Request for Competitive Sealed Proposals for Construction Services and/or the Notice to Proposers [included at Section 00020 of the Project Manual],or prior to any extension thereof issued by addenda to the proposers. Proposals received after submission deadline shall be returned unopened and will be considered unacceptable and shall be considered void. Owner shall never be held responsible for lateness of mail, carriers, couriers, etc., and the time/date stamp clock used by the City of Round Rock shall be the official time of receipt. C. Unless otherwise provided in any supplement to these Instructions to Proposers,no proposer shall modify, withdraw or cancel her/his proposal or any part thereof for ninety(90)days after the time designated for the receipt of proposals in the Request for Competitive Sealed Proposals for Construction Services. D. Proposals shall not contain any recapitulation of the Work to be done. E. Proposers shall make no additional stipulations on the Proposal Form,nor limit,nor qualify proposals in any other manner. Proposals so qualified will be subject to disqualification. F. Itemized Bids and listed Key Subcontractors are due at bid opening on December 20,2023 at 2:OOpm. Itemized bids should include a breakdown of major divisions of construction and key Subcontractors list. Key Subcontractors can be described as a licensed trade, any Subcontract totaling 5% or more of the proposed contract sum, or a critical path Subcontractor. 1.6 DISCREPANCIES AND AMBIGUITIES A. Each proposer shall examine the proposal documents carefully and, not later than, two business days prior to bid opening, shall make written request, via email or CivCast only, to the Owner for questions, interpretations or corrections of any ambiguity, inconsistency or error therein which she/he may discover to: Eddie Zapata ezayata(a)roundroektexas.,aov Any interpretations, corrections and changes to proposal documents or extensions to the opening date will be made by addenda to the proposal documents by Owner and communicated publicly through the Civcast website: www.eiveastusa.com Sole authority to authorize addenda shall be vested in Owner. Prior to submitting the proposal,the proposer is responsible for determining if any addenda have been issued and for following any instructions. Proposers shall acknowledge receipt of all addenda. It shall be the Proposer's sole responsibility to insure receipt of all addenda before proposal submission. 1.7 SUBSTITUTIONS A. Each Proposer represents that her/his proposal is based upon the materials and equipment described in the proposal documents. B. No substitution will be considered unless written request has been submitted to the Owner for approval not later than December 15,2023. C. If the Architect or Engineer and Owner approve a proposed substitution, such approval will be set forth in an addendum. 1.8 QUALIFICATION OF PROPOSERS A. Every Proposer shall submit with her/his proposal a properly executed Questionnaire. B. Proposers may be disqualified, and their proposals not considered for, by way of illustration but not by way of limitation, any one or more of the following reasons: 1. Reasonable information or belief that collusion exists among Proposers; 2. Proposer being interested in any manner in any litigation involving Owner; 3. Proposer being in arrears on any existing contract or having defaulted on any previous contract; 4. Lack of competency as revealed by the financial statement, experience and equipment, Questionnaire, or qualification statement; 5. Uncompleted work which in the judgment of Owner will prevent or hinder the prompt completion of additional work if awarded. 1.9 PREPARATION OF PROPOSAL A. Proposer shall submit her/his proposal on the Proposal Form furnished as part of the proposal documents in the required format. All blank spaces in all forms shall be correctly filled in and the Proposer shall state the prices,written in words and in figures. Where there is a discrepancy between the price written in words and the price written in figures, the price written in words shall govern. If the proposal is submitted by an individual,that person's name must be signed by that person or by that person's duly authorized agent. If the proposal is submitted by a firm, association or partnership, the name and address of each member must be given, and the proposal must be signed by an official or duly authorized agent. Powers of Attorney which authorize agents or others to sign proposals must be properly certified and must be in writing and submitted with the proposal. 1.10 PROPOSAL SECURITY A. Each proposal must be accompanied by proposal security made payable to Owner in an amount of five percent(5%) of the Proposer's maximum proposal price; and same shall be in the form of a cashier's check or a Proposal Bond, duly executed by Proposer as principal and having as surety thereon a corporate surety authorized and admitted to do business in the state of Texas and licensed to issue such bond, as a guarantee that Proposer will enter into the City's contract and execute the required Performance and Payment Bonds within five (5) days of Owner's award of contract. B. The Proposal Security will be retained until such Proposer has executed the Standard Form of Agreement between Owner and Contractor, and furnished the required bonds,whereupon the proposal security will be returned. If Proposer fails to execute and deliver the Standard Form of Agreement between Owner and Contractor and furnish the required bonds within five (5) days of Owner's award of contract, Owner may annul the award of contract. In that event, the proposal security of that Proposer will be become the property of Owner, not as a penalty but as liquidated damages. Owner reserves the right to award the contract to the next-ranking Proposer based on Owner's evaluations of the proposal, as Owner deems to it be in the best interests of Owner. The proposal security of the other proposers whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh (7`h) day after the effective date of the Standard Form of Agreement between Owner and Contractor or the ninety-fifth (95`h) day after the proposal opening, whereupon the proposal security furnished by such proposers will be returned. C. Owner has the right to retain the proposal security of all Proposers until either: 1. The Standard Form of Agreement between Owner and Contractor has been executed and the bonds have been furnished, or 2. The specified time has elapsed so that proposals may be withdrawn, or 3. All proposals have been rejected. 1.11 PERFORMANCE BOND &LABOR&MATERIAL PAYMENT BOND A. Contractor shall post with Owner, within five (5) days of Owner's award of contract, a Performance Bond in the amount of one hundred percent(100%) of the total contract price in such form as is deemed satisfactory by Owner. This bond shall be executed by a corporate surety company duly authorized and admitted to do business in the state of Texas and licensed to issue such bond in the state. B. Contractor shall post with Owner, within five (5) days of Owner's award of contract,a Payment Bond in the amount of one hundred percent(100%)of the total contract price in such form as is deemed satisfactory by Owner. This bond shall be executed by a corporate surety company duly authorized and admitted to do business in the state of Texas and licensed to issue such bond in the state. C. In addition to the above requirements, if the amount of any bond exceeds One Hundred Thousand and No/100 Dollars ($100,000.00), then the surety on such bond must also: 1. Hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or 2 Have obtained reinsurance for any liability in excess of$100,000.00 from a reinsurer that is authorized and admitted as a reinsurer in Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety or reinsurer on obligations permitted or required under federal law. In determining whether the surety on the bond or the reinsurer holds a certificate of authority from the United States Secretary of the Treasury, Owner may conclusively rely on the list of companies holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring companies published in the Federal Register by the United States Department of the Treasury covering the date on which the bond was executed. D. Contractor must file, along with the Performance Bond and Payment Bond, all documents and information necessary to establish that the agent signing the bond is authorized to write the bond in the amount requested and, if applicable, that reinsurance requirements have been met, including limits and ratings or other evidence of company solvency. E. If the corporate surety company on any bond furnished by Contractor to Owner is declared bankrupt or becomes insolvent or such corporate surety company's right to do business in the state of Texas is revoked,then Contractor shall within five(5) days thereafter substitute another bond and corporate surety company, both of which must be deemed acceptable by Owner. 1.12 FILING PROPOSAL A. No proposal will be considered unless it is filed with Owner within the time limit for receiving proposals as stated in the Request for Competitive Sealed Proposals and/or the Notice to Proposers [included at Section 00020 of the Project Manual]. Each proposal shall be in a sealed envelope/packaging plainly marked as required by those documents. 1.13 MODIFICATION AND WITHDRAWAL OF PROPOSAL A. No proposal may be withdrawn or modified after the proposal opening except where the award of the contract has been delayed beyond ninety(90)days after date of proposal opening. 1.14 IRREGULAR PROPOSAL A. Proposals will not be considered if they show any omissions, alterations of form, additions, conditions not requested, unauthorized alternate proposals, or irregularities of any kind. However, Owner reserves the right to waive any irregularities and to make the award in the best interests of Owner. 1.15 REJECTION OF PROPOSAL A. Proposer acknowledges the right of Owner to reject any or all proposals and to waive any informality or irregularity in any proposal received. In addition, Proposer recognizes the right of Owner to reject a proposal if Proposer failed to furnish any required proposal security, or to submit the data required by the proposal documents, or if the proposal is any way deemed incomplete or irregular. 1.16 SELECTION CRITERIA AND OWNER EVALUATION A. Owner intends to award the contract to the Proposer whose proposal represents the best value to Owner according to the selection criteria and the relative weighting set forth herein. The selection criteria that Owner will use in selecting the successful Proposer and the relative weighting of such criteria are as follows: Selection Criteria a) Price: The quoted price, cost methodology, alternatives proposed, and markup for changes. (Total 50 pts.) b) Experience: 1) Has the proposer firm performed projects as described in Section 00150? 2) Have the proposer's major subcontractors performed projects as described in Section 00150? 3)Are there governmental clients listed (with contact information) and was the project overall a positive experience for those clients? 4)Are the projects presented equal or greater in complexity, scope, and dollar value when compared with the proposed project? 5)Was the completion of similar projects completed according to the construction schedule? (Total 20 pts.) C) Company and Construction Team Qualifications: 1) Is the company competent, financially stable, and experienced to complete the proposed project? 2)Has the project manager and superintendent been successful in managing projects of similar size, complexity, and scope as the proposed project? 3) Does the construction team's resumes reflect technical knowledge and practical experience managing and constructing projects, equal to the proposed project? 4) Has the construction team worked together on multiple projects?5)Was a written statement from the coating's manufacturer provided? (Total 20 pts.) d) Plan, Schedule and Quality Control: 1) Is the company able to meet the proposed construction schedule? 3) Has your organization met the project schedule for a project contracted with the City of Round Rock in the past? 3)Does the company have a valid contingency plan if delays occur and the ability to execute that plan? 4) Does the company have a valid quality control program? (Total 10 pts.) e) Compliance with Administrative Requirements and Information Requested: 1) Did the Proposer follow the Proposal Instructions and Format? (Total 0 to-5 pts.) B. Proposals shall be publicly opened, and the names of each Proposer shall be read aloud,together with all prices stated in each proposal. C. Within forty-five(45)days after the proposals are opened, Owner or its designated representatives shall evaluate and rank each proposal submitted in relation to the published selection criteria and weighting. D. Owner will initially attempt to negotiate a contract with the first ranked Proposer. If Owner does not require any modifications to the scope, time, or price, then the first ranked Proposer shall execute the Standard Form of Agreement between Owner and Contractor, as awarded. If for any reason Owner is unable to reach contract execution with the first ranked Proposer, then Owner will give written notification to that Proposer that negotiations are ended and will then proceed to negotiate with the next ranked Proposer in the order of selection ranking until such time as a contract is reached or all proposals are rejected. Proposals may be rejected at any time. 1.17 EXECUTION OF CONTRACT A. No contract shall be binding on Owner until it has been executed by Owner or its duly authorized representative, and same delivered to Contractor. 1.18 FAILURE TO EXECUTE CONTRACT A. The failure of the Proposer to execute the required bonds or to sign the required contract within five(5)days after the contract is notified that the scoring committee has selected them as the 1 s` choice contractor shall be considered by Owner as abandonment of the proposal, and Owner may rescind the notice. 1.19 PURCHASE ORDER A. Purchase order(s) shall be generated by Owner to Contractor. The purchase order number must appear on all itemized invoices. 1.20 NOTICE TO PROCEED A. Upon the execution of bonds and contract, Owner will issue a written Notice to Proceed to Contractor requesting that she/he proceed with construction and establishing the commencement of the contract time; thereafter, Contractor shall commence work within ten(10) calendar days after the date of Notice to Proceed. 1.21 CONSTRUCTION SCHEDULE A. The time for substantial completion is two hundred and forty(240)calendar days from the notice to proceed letter and two hundred and seventy(270)calendar days from notice to proceed letter to final completion. Such deadline for completion will be included in the Standard Form of Agreement between Owner and Contractor. 1.22 LIQUIDATED DAMAGES A. Should Contractor fail to achieve completion of the work within the specified completion schedule, then the sum of One Thousand and No/100 Dollars ($1,000.00) per calendar day of delay will be deducted from the monies due Contractor for the work,and such sums shall be reasonable liquidated damages due to the impracticability or impossibility of ascertaining the actual damages. 1.23 PERMITS A. Contractor shall be responsible for obtaining all necessary permits. 1.24 MATERIALS TESTING A. Owner will be responsible for providing or contracting for inspection services and materials testing, all in accordance with Texas Local Government Code §271.116(c) and any other applicable statutes. 1.25 WAGE SCALE A. In accordance with V.T.C.A.,Government Code,Title 10,§2258"Prevailing Wage Rates," the general prevailing wage rate has been determined for this locality for the craft or type of worker needed to execute work of a similar character to the project listed herein. Contractor shall pay the prevailing wage rate in this locality to all employees and subcontractors performing work on this project, and in no event shall Contractor pay less than the rate shown in the following schedule: Except for work on legal holidays,the"General Prevailing Rate of Per Diem Wage" for the various crafts or type of workers or mechanics is the product of (a) the number of hours worked per day, except for overtime hours, times (b) the above respective rate per hour. B. For legal holidays,the"General Prevailing Rate of Per Diem Wage"for the various crafts or type of workers or mechanics is the product of(a) one and one-half times the above respective rate per hour, times (b) the number of hours worked on the legal holiday. C. For overtime work,the"General Prevailing Rate of Per Diem Wage"for the various crafts or type of workers or mechanics is the product of(a) one and one-half times the above respective rate per hour, times (b) the number of hours worked on overtime. D. Under the provisions of V.T.C.A., Government Code, Title 10, §2258 "Prevailing Wage Rates,"Contractor or subcontractor of Contractor shall forfeit as a penalty to the entity on whose behalf the contract is made or awarded, the sum of Sixty and No/100 Dollars ($60.00) for each calendar day, or portion thereof, that the worker is paid less than the wage rates stipulated in the contract. E. If the construction project involves the expenditure of federal funds in excess of Two Thousand and No/100 Dollars ($2,000.00), then the minimum wages to be paid various classes of laborers and mechanics will be based upon the wages that will be determined by the Secretary of Labor to be prevailing for the corresponding classes of laborers and mechanics employed on the project of a character similar to the contract work. 1.26 MISCELLANEOUS PROVISIONS A. Any quantities given in any portion of the contract documents,including the plans, are estimates only, and the actual amount of work required may differ somewhat from the estimates. The basis for payment shall be the actual amount of work done and/or material furnished. B. Contractor shall not commence work until she/he has furnished certification of all insurance required and such has been approved by the City of Round Rock, nor shall Contractor allow any subcontractor to commence work on her/his subcontract until proof of all similar insurance that is required of the subcontractor has been furnished and approved. The certificate of insurance form included in the contract documents must be used by Contractor's insurer to furnish proof of insurance. C. Proposals shall be submitted on a separated contract basis. No Texas sales tax shall be included in the prices proposed for materials consumed or incorporated into the finished product under this contract. This contract is issued by an organization that is qualified for exemption pursuant to the provisions of§151.309(5) of the Texas Tax Code. The City of Round Rock will issue an exemption certificate to Contractor. Contractor must then issue a resale certificate to the material supplier for materials purchased. Contractor must have a valid sales tax permit in order to issue a resale certificate. In obtaining consumable materials, Contractor will issue a resale certificate in lieu of payment of sales tax, and the following conditions shall be observed: 1. The contract will transfer title of consumable,but not incorporate,materials to the City at the time and point of receipt by Contractor; 2. Contractor will be paid for these consumable materials by the City of Round Rock as soon as is practicable. Payment will not be made directly, but considered subsidiary to the pertinent item. Contractor's monthly estimate will state that the estimate includes consumables that were received during the month covered by the estimate; and 3. The designated representative of the City of Round Rock must be notified as soon as possible of the receipt of these materials so that an inspection can be made by the City's representative. Where possible,the materials will be labeled as the property of the City of Round Rock. D. If Proposer's insurance company is authorized, pursuant to its agreement with Proposer, to arrange for the replacement of a loss rather than by making a cash payment directly to the City of Round Rock, the insurance company must furnish or have furnished by Proposer a Performance Bond in accordance with §2253.021(b), Texas Government Code, and a Payment Bond in accordance with §2253.021(c), Texas Government Code. Format of Submitted Proposal Cover Sheet Tab A. Proposal Form (with Bid Form) Tab B. Questionnaire 1. Basic information 2. Organization 3. Experience for Contractor and Each Main Subcontractor Tab 3.1)Insert Ten Past Project List for Contractor Tab 3.2)Insert Past Project List for Subcontractors Tab 3.3)Insert Claims and Suits Explanation 4. Proposed Personnel Tab 4.1)Insert Team Projects Resumes Tab 4.2)Insert List of Prior Team's Projects Together 5. Plan, Schedule, and Quality Control Tab 5.1)Provide Preliminary Schedule Tab 5.2)Provide Contingency Plan 6. Questionnaire Signature/Acknowledgment Tab C. Bid Bond Tab D. Statement of Bidder Safety Experience I-BID-B-OND- KNOW ALL BY THESE PRESENTS,That we, Texas Pride Utilities, LLC of 725 Car-by Road, Houston, TX 77037 (hereinafter called the Principal),as Principal,and Merchants Bonding Company (Mutual) (hereinafter called the Surety), as Surcty,arc held and firmly bound unto City of Round Rock 800 South Austin Avenue, Georgetown, TX 78626 (hereinaftercallcd the Obliace)ill the penal sum of Five Percent of Amount Bid Dollars (S 5% ) for the payment of which the Principal and the Surety bind themselves, their heirs,executors,administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH,That WHEREAS, the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Cycle 3 Basin 4 & 5 Wastewater Rehabilitation NOW,THEREFORE, If the said Contract be timely awarded to the Principal and the Principal shall, within such tinic as may be specified,enter into the Contract in writing,andgive bond,if bond is required,with surety acceptable to the Obligee for the faithful performance of the said Contract,then this obligation sliall be void;otherwise to remain in full force and effect. Signcd and scaled this 20th day of December 2023 Texas Pride Utilities, LLC Witness Bv: �V GYgG ••• o��`pPOq��Il1C Merchants Bonding Company(Mute Bv: _ Cheryl R. Colsdn,Attorney-In-Fact MERCHANT74�, BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,dib/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint, individually, Cheryl R. Colson their true and lawful Attorneys)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. Surety Bond#: Bid Bond Principal:Texas Pride Utilities, LLC Obligee: City of Round Rock This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances, contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 20th day of December 2023 1%0 NA .'0\,RG CO3i,,••� MERCHANTS BONDING COMPANY(MUTUAL) '• K ''RPOR �O' :•tea' PPOH A9•• MERCHANTS NATIONAL BONDING, INC. ��,G� 9l .y: •y:Cl) q;y� d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 2003 1933 c' gj �7 •.. ..• II President STATE OF IOWA ' COUNTY OF DALLAS ss. On this 20th day of December 2023 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �PRIAZ s Kim Lee z •.o• Cammissian Number 702737 My Commission2024��Eixlpires • iOWp Apnl 14, Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING.INC..do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is stil!in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 20th day of December 2023 :r.�• ORPO�Qq•.O: ••OPP099.9y; z 2003 i s •d• 1933 c• Secretary POA 0018 (10122) Request for Competitive Sealed Proposals for Construction Services PROPOSAL FORM PROJECT NAME: Cycle 3— Basin 4& 5 Wastewater Main Rehabilitation PROJECT LOCATION: Round Rock,Texas PROJECT OWNER: City of Round Rock, Texas DATE: l 2• W 2023 PROPOSER: Firm Name: uo- Principal Office Address: �� S CG�b� Qd, �S3M ,,037 Telephone Number: g32 �CD Facsimile Number: 2- Primary Primary Contact Name: �tJis L)eVYG- Primary Contact Title: /,AG h 09r- r ADDENDA ACKNOWLEDGMENT: The undersigned Proposer acknowledges receipt of the following addenda: Addendum No. 1 dated N Q— Date Received Addendum No. 2 dated Date Received Addendum No. 3 dated Date Received Addendum No. 4 dated Date Received NO MODIFICATIONS ADDITIONS DELETIONS OR ATTACHMENTS SHALL BE MADE TO THIS PROPOSAL FORM. IN SUBMITTING THIS PROPOSAL THE PROPOSER REPRESENTS THAT ALL LABOR, MATERIALS, EQUIPMENT AND SERVICES ASSOCIATED WITH THE WORK AS WELL AS THE TERMS AND CONDITIONS OF THE PROPOSED CONTRACT SHALL BE IN STRICT CONFORMANCE WITH THE CONTRACT DOCUMENTS ON WHICH THIS PROPOSAL IS BASED. CONTRACTOR PROPOSES: In response to the Request for Competitive Sealed Proposals for Construction Services for the execution of the work described by the contract documents for the above-described project, and having examined the site where the work is to be perfonned,and being familiar with local conditions as they might in any way affect the cost and/or time for execution of the work, and having carefully examined all of the contract documents and addenda thereto, the undersigned Proposer agrees to perform all of the work, to provide all services,to furnish all necessary superintendence,labor,machinery,equipment,tools,materials, insurance and miscellaneous items, including transportation and other facilities as may be required for the complete and satisfactory and timely execution of the work for which this proposal is submitted,as provided by the attached supplemental specifications and as shown on the plans for the construction of the project, all for the lump-sum consideration stated as follows: The award of the contract will be based on the Proposer offering the best value, and not necessarily to the Proposer offering the lowest price. A Proposal will be evaluated based on the criteria set forth in Section 00100—Instructions to Proposers. Itemized Bid Form at the end of Section 300 to be filled out and included with the proposal. TOTAL PROPOSED CONTRACT SUM: ($ Ig �5t 3S ,°° oqp- M ion nmt � �� 5,-)c� tye, cwSQ+�d Dollars ) VOLUNTARY ALTERNATE SUM: (Attach description on separate sheet if needed) Dollars(S The undersigned Proposer agrees to commence work within ten (10)days after the date of written "Notice to Proceed." The undersigned Proposer further agrees to complete the work to substantial completion within 240 calendar days and in full within 270 calendar days after the date of the written "Notice to Proceed,"subject to any extensions of time allowed by the contract documents, and in phases as indicated on the drawings. The undersigned Proposer and the Owner agree that for each and every calendar day on which the work, or any portion thereof,remains incomplete after the stated calendar-day period, the Proposer shall pay the amount of One Thousand Dollars(S 1,000)per calendar day as liquidated damages,not as a penalty but for delay damages to the Owner. Such amount shall be deducted by the Owner from any payment due to the Proposer. The undersigned Proposer agrees that this proposal shall be good for and may not be withdrawn for a period of ninety(90)calendar days after closing deadline for receiving proposals. The undersigned Proposer agrees, if notified of the acceptance of this proposal within ninety (90) days of the time set for opening of proposals,to execute and deliver to the Owner within five(5)days from the date of such notification the required construction contract, a performance bond and a payment bond for the total amount of the construction agreement, and a certificate of insurance, all as stipulated in the contract documents. The undersigned Proposer agrees to attach to this proposal a certified check, cashier's check or proposal bond in the amount of five percent(5%)of the total proposed contract sum. Also accompanying this proposal is all information required in the"Instruction to Proposers." It is understood and agreed by and between the parties that the proposal security accompanying this proposal will be returned to the Proposer, except in the following instance: in the event of acceptance of this proposal, if the Proposer fails to execute the required construction agreement and deliver the required performance and payment bonds within five (5) days after acceptance, then the proposal security shall become the property of the Owner and shall be considered as liquidated damages for the delay and other inconveniences suffered by the Owner because of such failure of the Proposer. The undersigned Proposer acknowledges that the Owner reserves the right to reject any and/or all proposals covered in this Request for Competitive Sealed Proposals and that the Owner has the right to waive any informalities and/or defects in proposals or to accept such proposals as it shall deem to be in the best interests of the Owner. In submitting this proposal, the Proposer represents that no person or company other than the Proposer listed below or otherwise indicated hereinafter has any interest whatsoever in this proposal or the construction agreement that may be entered into as a result hereof. The undersigned Proposer certifies that the proposed contract sum and all prices contained in this proposal have been carefully checked and are submitted as correct and final. The undersigned Proposer further certifies that the unit prices have been shown in words and figures for each item listed in this proposal; and it is understood and agreed that, in the event of a discrepancy, the words shall govern. The undersigned Proposer affirms that she/he/they are duly authorized to execute this proposal,and that this company, corporation, fine, partnership, and/or individual has not prepared this proposal in collusion with any other Proposer. The undersigned Proposer affirms that the content of this proposal as to prices, terms, and conditions has not been communicated by the undersigned nor by any agents or employees of the undersigned to any other person engaged in this type of business, prior to the official public opening of this proposal. This Proposal Form shall be signed by the Proposer as follows: J. Sole Proprietorship: Signature of sole proprietor in the presence of a notary public who will also sign and affix seal, printed name, and printed title (if any). Insert the printed words "Sole Proprietor"under the signature. K. Partnership or Joint Venture: Signature of all partners or joint venturers in the presence of a notary public who will also sign and affix seal, printed name,and printed title(if any). Insert the printed words"Partner"or"Joint Venturer"under each signature. L. Corporation: Signature of duly authorized signing officers,printed names,and printed titles. Under each such signature, insert the capacity in which the signing officer acts. Affix the corporate seal. Signature of lyroposer U is G lleq-YA, )�o rn ce G G r— Printed Name of Proposer G Yt Title 1 2 X,S Vft-d4 NA(-5, Name of Firm 12-S C 6,A k t6)36 TX 1-163-7 Address of Finn $3 2 . 6 0-1 .0-7 0-1 Telephone Number of Firm � '�I- SIS - 4(9 $0 Facsimile Number of Finn [Corporate Seal, if a corporation] ACKNOWLEDGMENT THE STATE OF TEXAS § �( 5 § COUNTY OF 1 \C w� § �SUBSCRIBED AND SWORN TO BEFORE ME on this the 20 day of the month of 2023, in the capacity and for the purposes indicated. Notary Pub/,State of Texas Eo"i "171 JORDAN KARSTEDT f _� �f 1 Notary ID 8134411956 My Commission Expires: (fj (�y Commission Expires June 16, 2027 BID FORM PROJECT NAME: Cycle 3-Basins 4&5 Wastewater Rehabilitation PROJECT LOCATION: Round Rock,Texas OWNER: City of Round Rock,Texas DATE: October 10,2023 Gentlemen: Pursuant to the foregoing Notice to Bidders and Instructions to Bidders, the undersigned bidder hereby proposes to do all the Work,to famish all necessary superintendence, labor, machinery, equipment,tools,materials, insurance and miscellaneous items,to complete all the Work on which lie bids as provided by the attached Bid Documents,and as shown on the plans for the construction of the Cycle 3 - Basins 4 & 5 Wastewater Rehabilitation Project and binds himself on acceptance of this bid to execute the Agreement and bond for completing said Work within the time stated,for the following prices,to wit: The City will not issue any addenda after 12/18/2023 any addenda issued will be posted with the Project Manual and/or Contract Documents at the City's website(www.roundrocktexas.gov)under the Utilities and Environmental Services Department Capital Improvement Project Solicitations at the following web address:http://www.roundrocktcxas.gov/utilitiescip by close of business 12/18/2023 .Prior to submitting a bid,the bidder is responsible for determining if any addenda have been issued and for following any instructions in any addenda issued. Bidder acknowledges receipt of the following Addenda by listing Addendum"number"and"date". N�R- BASE BID: Bid Approx. Item Description Item Quanti , Unit and Written Unit Price Unit Price Amount 1 1 LS Mobilization, Bonds and Insurance,not- to-exceed 5%of the Base Bid Amount. Complete in place''((''er Lump Sum for ,phtA �hWSGh61 dollars �p •• �D OoO o0 and cents. $ �0, $ ` 2 1 LS Provide a DVD containing Video of Project Sites Before the Start of Construction on the Project Complete in place per Lump Sum for ('ova +-XXC JSG►IG{ dollars vo o• and cents. $ �O• S -000 Bid Form Page 1 of 8 BASE BID: Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 3 1 LS Prepare,Submit and Implement a Traffic Safety Plan(Vehicular and Pedestrian) Signed by a P.E. for Work Located in or Near the Roadway Complete in place er Lump Sum for f We-YSPT dollars M oc� 00 and cents. 4 1 LS Prepare, Submit,and Implement a Trench Safety Plan for Structures, Signed by P.E.,in Conformance with State Law&OSHA,Including All Materials Required to Implement Complete in place per Lump Sum for -Fo1+� -k'V)wSCAV\ dollars 00 " and cents. G�(J, $ �-}G,bOG. 5 1 LS Prepare Stormwater Pollution Prevention Plan, Including Submission to and Receiving Permits from Texas Commission on Environmental Quality (TCEQ) Complete in place per Lump Sum for -F%v -0,WSonU dollars and cents. $ 51600 6 14 STA Preparation of Right-of-Way Complete in place per Station for --�Fpi,r 4A ovSPrkd, dollars oo $ S��ouo 00 and cents. $ 7 1080 LF Trench Safety Implementation(Open Cut,Point Repair) Complete in place per Linear Foot for rC h dollarso 6 0 C),g00,0 0 and cents. $ $ 8 12000 SF Trench Safety Implementation(Pipe Burst Pits,CIPP Pits) Complete in place per Square Foot for -F-ov r dollars L{ ao 'i;{0 0Q o c and cents. $ l $ Bid Form Page 2 of 8 BASE BID: Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 9 1400 LF Furnish, Install,Maintain and Remove Silt Fence Complete in place per Linear Foot for : pV r dollars 00 00 and cents. $ �. $ s 600• 10 690 LF Demolish and Remove Exisitng 6" Wastewater Line Complete in placeer Tear Foot for o Ae, �,yyxxf dollars o p Qp and cents. 11 130 LF Demolish and Remove Exisitng 8" Wastewater Line Complete in place per Linear Foot for nig e . VyA��& dollars ` 0 0 0 0 and cents. 3�000. 12 820 LF Furnish all Materials,Equipment,Tools &Labor Necessary to Install 8"PVC Wastewater Line Complete in place per jLinear Foot for Ttvh cnVvtl�+r[�, S�Y-�V dollars po 2 06 and cents. $ �0• $ 2— ,a-00 13 1 LS Furnish all Materials,Equipment,Tools &Labor Necessary for Temporary Bypass or Bypass Pumping in order to Install the new Wasuvater Lines Complete for per Lump Sum for nh C )I\v%A A.,tA "Ch JOK N dollars oo 00 and cents. $ 14 255 LF Furnish all Materials,Equipment,Tools &Labor necessary for Mechanical Root Removal of Existing Wastewater Line, Including By-Pass Pumping& Pre& Post Videoing of Wastewater Line Co ]etc for per Linear Foot for m 7f, y dollars o 0 00 and �� cents. $ Ip0 $ S+30Q Bid Form Page 3 of 8 BASE BID: Bid Approx. Item Description Item Quantity Unit and Written Unit Price knit Price Amount 15 8 EA Furnish all Materials,Equipment,Tools &Labor necessary to Conduct a Point Repair at Defect Location,Including Bypass Pumping, Pre and Post Videoing of Wastewater Line to Confirm Defect Location,and Surface Restoration to Fvictino Cnnditinnc Com lete for per Each for pur 4�10J$GVlA dollars and cents. S ��• S 2► Dr70 16 265 LF Rehabilitation of Existing 6-inch Wastewater Line by Cured-in-Place method including pre-construction video of pipe interior,all necessary excavation, materials,appurtenances,equipment, tying in all existing service connections, traffic control plan(s)and implementation,bypass pumping of all flows, interior root treatment,erosion control,all applicable testing and inspection by closed circuit video camera after completion Complete for per Linc r Foot for pr�� 1yv1�r{� dollars o 0 00 and cents. S 100• $ 2GtS60. 17 640 LF Rehabilitation of Existing 8-inch Wastewater Line by Curcd-in-Place method including pre-construction video of pipe interior,all necessary excavation. materials,appurtenances,equipment, lying in all existing service connections, traffic control plan(s)and implementation,bypass pumping of all flows,interior root treatment,erosion control,all applicable testing and inspection by closed circuit video camera after completion Complete for per Linear Foot for ()ioA e_ �A UV\'AV--f-& dollars and cents. S 60 0 o S � bd6 e. Bid Form Page 4 of 8 BASE BID: Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 18 260 LF Rehabilitation of Existing 15-inch Wastewater Line by Cured-in-Place method including pre-construction video of pipe interior,all necessary excavation, materials,appurtenances,equipment, tying in all existing service connections, traffic control plan(s)and implementation,bypass pumping of all flows,interior root treatment, erosion control,all applicable testing and inspection by closed circuit video camera after completion Complete for per Line#r Foot for IVlo VlL'V (A"V si L dollars op ��CoQ and cents. $ $ 19 5140 LF Furnish all Materials,Equipment,Tools &Labor necessary to Pipe Burst Wastewater Line from 6"to 8", Including Bypass Pumping,Pre and Post Videoing of Wastewater Line,Manhole Connections,and Surface Restoration to Existine Conditions Complete for per Line r Foot for (jv\ dollars o00 0 and cents. $ �� i ��• 20 3080 LF Furnish all Materials,Equipment,Tools &Labor necessary to Pipe Burst Wastewater Line from 8"to 8", Including Bypass Pumping.Pre and Post Videoing of Wastewater Line,Manhole Connections,and Surface Restoration to Existina Conditions Complete for per Linear Foot for (�1✓1Q ��{� St dollars o o n q S 6gOoa and cents. $ �O' $ L t Bid Form Page 5 of 8 BASE BID: Bid Approx. Item Description Item Quantity. Unit and Written Unit Price Unit Price Amount 21 635 LF Furnish all Materials, Equipment,Tools &Labor necessary to Pipe Burst Wastewater Line from 8"to 10", Including Bypass Pumping.Pre and Post Videoing of Wastewater Line,Manhole Connections,and Surface Restoration to Existing Conditions Complete for per Line1ar Foot for �Vt� �\VA ,r- Yom_dollars 1 U00 and cents. 22 170 LF Furnish all Materials,Equipment,Tools &Labor necessary to Pipe Burst Wastewater Line from 8"to 12", Including Bypass Pumping, Pre and Post Videoing of Wastewater Line,Manhole Connections,and Surface Restoration to Existing Conditions Complete for per Linear(Foot for bh t_ �yv.drGG\ St X dollars r o0 and cents. $ (�d. S t 23 590 LF Furnish all Materials, Equipment,Tools &Labor necessary to Pipe Burst Wastewater Line from 15"to 15", Including Bypass Pumping, Pre and Post Videoing of Wastewater Line,Manhole Connections,and Surface Restoration to Existing Conditions Complete for per Linelar F of for -Two �Auv dollars �l O0 o0 and cents. 5 -1 U. S t b o 24 2 EA Furnish&Install End of Line Cleanout COm lete in lat a per Each for �i k pla dollars / vO000 $ ' ZIUCSO.00 and cents. $ Ip 25 l LS Furnish all Materials, Equipment,Tools &Labor Necessary for Deflection Testing of the Wastewater Line in Accordance with Technical Specification Coplete in place per Lump Sum for .� Y -��QVCtivIQ dollars and cents. 60• $ Bid Form Page 6 of 8 BASF, BID: Bid Approx. Item Description Item Quantity Unit and Written Unit Price Unit Price Amount 26 1 LS Furnish all Materials, Equipment,Tools & Labor Necessary for Air Testing of the Wastewater Line in Accordance with Technical Specification C:glete inplape per Lump Sum for j✓ Uv QCAv\(l dollars p. 0 0 and cents. Co. TOTAL BASE BID(Items I thru 26) �l (�Si 3 So,°o Bid Form Page 7 of 8 If this bid is accepted,the undersigned agrees to execute the Agreement and provide necessary bonds and insurance certification as per the Instructions to Bidders. The undersigned certifies that the bid prices contained in the bid have been carefully checked and are submitted as correct and final. The Owner reserves the right to reject any or all bids and may waive any informalities or technicalities. Respectfully Submitted, Signature Lu('s tl yr vra 725 Carbti as4o, 7�- -77o.37 r Print Name Address P 6tIoVer �31 • 601-0707 Title Telephone xis ��d� ��•%��5, u,� Name of Firm ,( 2-?.0.2023 l-t Date S cretary,if Bidder is a Corporation Page 8 of 8 Bid Form 00410 STATEMENT OF BIDDER'S SAFETY EXPERIENCE Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 Solicitation Requirements, Contract Forms & Conditions of Contract Statement of Bidder's Safety Experience Section 00410 Bidder must submit a signed Statement of Bidder's Safety Experience form with his Bid; failure to do so will constitute an incomplete Bid that may be rejected. In order to make a responsive Bid, Bidder must provide evidence that it meets minimum OSHA construction safety program requirements, has not been fined by OSHA for any willful safety violations in the past three years, and has a lost time injury rate that doesn't exceed the limits established below. All questions must be answered and data given must be clear and comprehensive. if necessary, questions may be answered on separate attached sheets. Company Name: {xGS �Y1�C�C V o t+,4(G t � ) CG+b �A oi5-� Tk—T-1c)3—?Phone: 32 '�r0� o2a� Address: Completed by: V 15 GV11_YY'011— ,Date: 1. Does the company have a written construction Safety program? [ es ❑No 2. Does the company conduct construction safety inspections? Nrfes O No 3. Does the company have an active construction safety-training program? Res ❑No 4. Has the company been fined by OSHA for any willful safety violations in the past ❑Yes No three years? ER 'i'5. Does the company have a lost time injury rate of 7.8 for SIC 15,or 7.6 for SIC 16, ❑Yes Loi No or less over the past three years? Attach the company's OSHA 200/300 logs for the past three years. 6. Does the company or affected subcontractors have competent persons in the following Areas? A. Scaffolding ❑Yes ❑No N/A B. Excavation 2' es ❑No ❑N/A C. Cranes ❑Yes ❑No (]KNIA D. Electrical E]Yes [:]No 2'�/A E. Fall Protection [0,fes ❑No ❑N/A F. Confined Spaces [&'r'es []No ❑N/A I hereby certify that the above information is true and correct. Signature / _ Title ave G C Page 1 00410 8-2014 Statement of Bidder's Safety Experience 00090654 //�� /� Ll Attention: IId::Innncnn61Ne111111"it Ii(it olItIllit1111II(, OSI/A's I C) 300 01111)IuynnIVIA111:11NI11NI1:ltill 11t11-0hill nurnnn111r.11 proloul:;1111)col lilt till till illy 1111111111I11y1N1!114)IIN,IM;IIII I) Yeti/ 20 2� Log of Work-Related Injuries and Illnesses I)o5811 t1r1 WIIIIII IIIll II111NIIh1IIIN1II1Ix1111111I'11111 1111 C P — OCClryrdkN1:11'udnl nINIINn111h1nn1Nl,Ir„1 U.�-Oo artmonto/Laholr •�„r...n.••.:•1 anr.ry».nr rl«»un ndndora.a eon e...".rat „,.dAa,unnh+,,d, nr••,wIwMAIvl,dn,llNr,rtll.ual,dNllr,otoryIvorArexedlnieyordhess!nal invokesIMS cfconsciousness.leslric:edllakaGrvrtyoriolelr,rn!J"+. «,..1Y«.,.dnsm•„,.1.1xa11 ;(I .Lw..+ney fr•req m.nA.IN ow Indl fru.NndNlr boyarl Fea.wi Vale rilosl also reCord srgalicanl ,ork r&afed injures aro Pnessea Thal are oiagrosed bya ohysician or k'CenNNI tdnl/f!1 r1�/ L I.unl,��Inyll NSI- rtNlll'u\I,11MIloc(led%with folakrdkerinio;ond,#Msses lhaimeeiany of the sped/ic recordmgcrdena 6sred in1)CrRPari 1904 a rMeugh YWi l7 ronllren fu , su,,,,,,,,,,,,,,,,,,,,, �'C}(QS ryl(�•� (f7,,1•�'l�1(l rrxr ht n bxl•.A.n!rrNiAr l f c:n J IrNl IN11N1 fo riN,nNrsl t:orrrpMto an bjwry and borers Inodenl Hepon(USI!A form 301)or equrva'eni corm for each iniury or d-ness recorded al fid•: - IfNrrl if I••NIin IN,!'.Illn 10-oho ,111:fl.•;IIr:I(!,,(NlJfddll,l..layoul Aral OSI14(!Ince for l)eip, a °'`,S1`'`'' •.r•a• ►y` - — Describe the case Classify camp (A) (II) (C) (D) (E) (� CHECK , �i ty.r ln.�I"pov t nr r cllor.k Ile."I"Jury Cohens”or CA.n IAopluyrd.rwo..• Joh title hale oriojury Where the event occurred Detcribr injury or illness,pare%of body aftcrwil, their censitiIII..•,n k».ww+, rhnnu fyp.or 1111e06sl Do. tag.,II'Ndn I or onret (r.g.,lAwtdtieg dwk xa,llr oid) and object'su h stance that directly injured - �•-»A.-•r or illness or made person ill(rtr...Grx„d ehg,lw Garr..nn 11.m.1n.11 of 1Y.s1A (M) 'j q ri;;hr/mann!In,w wailrne Imrh) Aw«y on 10, O.Y.xwwv J.A tr.mMl IIIA..r..„IJ I..”, I.wn.lwr«r 1 7E h 090th Ir.ww w..k .,t nNsl..11.„ «/Maw«. —oh r«.I.Inliwn Y'., 6 2 1aN ---�1R (0 (H) {q Lq 11 1 11) II) (2) (3) (4) (5) n « W0,ey ❑ ❑ U IJ 1„. I I 1 I 1 I 1 I I ❑ „y.4`fr h ❑ ❑ �J IJ a,,• dn. I I I I i t 11 I I fj —� ❑ ❑ U 1..f In• I I I I !I I I (l (7 wXxdId110y «rmlrv”A rml ❑ �.� IJ U U U U 1,,. J,,. II II II Il n ❑ ❑ ❑ U U •1i. •1.,,• I) I I 11 1 I 1( 1 1 o n� ❑ ❑ I_) U _16V, —,Ln-, n-� ., ❑ ❑ U U a.Y• T,req, I I I I I I I I i t 11 rIf ❑ ❑ U U ❑ ❑ ❑ U '� — —dal' 11 I I I I I I fl ❑ m.r-17tWY - —w, Ll ❑ ❑ U d,y, 1,I. 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I.N , (1) (2) (3) l4) _ (5) (6) Attention:This form conlains information relating to )SHA's Form 300 employee health and must be used in a manner that protects the confidentiality of employees to the extent year 20-2--L Log of Work-Related Injuries and Illnesses occupational while the information is being used for U.S.Dy and Health Ami Labor � OCCupaliOnal SafCty and health purposes. oocnn.d.na+sarefrende..nh Administration ,u must record irlormakon ahouf Kory pork related dearh and dhow eery„ork re!aied injury or illness rbal o ohss loss of consciousness,resucred„ork acrmiy oriob lransler r."°,option.,/talo, s../etre me aye away from work,or medical treatment beyond Gist aid You must also record sgn1icanl,fern ie'aled njunes and$resse6 that are diagnosed by a physician cr Ircersed health !� L are profession'.You must also record work related inryries and pnesses:hat meet any of the specdic recording critera listed!r 29 CrR Part 1904 8 thrcugh 1904 1 i reel free to ry b,c'wiaat roma 1` l5 Cil` e- 1)4 1J.SAW se hio lines for a single case it you need to You must complete an Ir�ury and Uiness Irc aent riepon(USI IA corm 301)or egtmra!ent form for each tniury or dfness recorded on this �"��•��-�-��y 1rm.1 you're not sure,,bather a case is recordable.cap your lural OSI la office for help. CRY • si.a. mik the person Classify the case CHECK ONLY ONE be.for cach case Enter the number of (A) (B) (c) (D) (E) (F) days the Injured or Check the"Injury"column or Case Crnployee's noneJob title Date of injury Where the event occurred Describe injury or illness,parts of body affected, ill worker was: choose one typo of Ifiness! no. or onset (r.X.,IvrrdinX d,Mk nrndt roilh and objecusubywnce that directly injured of illness or made person ill r,end drpry burro on Remolned at Work (M) Away on Job ri"br fmrrum lrnkr urohknr, ln,rb) nwe9 - LL Days y Joh t,—.f., Other rveiud- from lran.f. .r Death from w.rk or r-f hulan net.ease. work (G) (H) (i) (J) (K) (L) (1) (2) (3) (4) (5) (6) _�� itTl•�41r� ❑ ❑ ❑ ❑ —rt,y, _,hy, 0 ❑ ❑ ❑ ❑ 0 mc•nNoar rn•Yd1,M.ly ❑ ❑ ❑ ❑ —day, _dr,, ❑ ❑ ❑ 0 ❑ ❑ — ^r r1Nc6. ❑ ❑ ❑ ❑ —day, _61, ❑ 0 ❑ 0 0 ❑ nnr,ryu;y ❑ ❑ ❑ ❑ _,hyr _,by, 0 0 0 0 0 0 nrmr,reay —L ❑ ❑ ❑ ❑ ,day; _da„ ❑ 0 Cl ❑ ❑ 0 It ❑ ❑ ❑ ❑ _An, 0 0 0 0 0 --vow —L_ ❑ ❑ ❑ ❑ —a,y _u, ❑ ❑ ❑ 0 0 0 -.Now Or 0 MJ!Yalhl,ff rrorar,hle•r _ �_ ❑ ❑ ❑ ❑ _,hyo _,Ln•, Q ❑ ❑ ❑ ❑ ❑ r,ornNdny it Li L) ❑ ❑ ❑ 0 ❑ 0 0 0 Ta,nY Page totals> Publir rrpn,4,};Wrdrn hn flo merainu-Motu......,...n r,nmmnl w avnagr 19 n,innlr,Pre_P,nnr,i hilltop d,nr,n re,ie,. Pc sure to fransty tii,se Mals to the SunmitypeWc(form:fb)y bere•c yo9 post d p C ` �hc ,an,nir.,..,rarrh and Gad,n dor da�a„crdn{.and rumplcm wort rcvicu dn•rnl!rr,inn of fnlhnna+nn.IR rv,n,:nr rad icgan„I 6- .G ° � 1�`r r7_.� �a.nulw iLr,.dh,fvm.A inf.mu.nha uok r.B iF•tdn.,ru,uvd,,161 OWL..,nu..I unnds,.IMre,hav i 5 else a dn•.r nuu,.nr,..r env nhr,aqn„r of Ade da,a n.lkr,:n,,rwrt,nr CS itrpa•nn•m.,f 1,,6 w,U\IIA Uffnr.d i,a,isfkal Anah,i,.a..nn -14.I'M[w.naieniun.lvcnuc.y0•.1ya,Mng,un,11f1 Se^.lu.Ik,nor.umd dv nimPkssl hn'fn,M thio uflkr pope—of— (1) (2) (3) (4) (5) (6) 1 Attention:This tone contains Informationto — employee health and must be usod Ina manner tion Thh al ),13FIA's Farm 300 protects the confidonlialily of oinployeos to Ihtb oxioni Year 20-,"4 a .og of Work-Related Injuries and Illnesses possible while the y aryr1nalion Is IJoing usrxl for U.S.Department of Labor occupationalsalcl ;xxJhcalff1lx11lxr.:R:c, aearTaflan.deeAlYandHmdlhAdmrnfalritron u nur.:f nN:rxll uNnnaaln Nl td snB r1,rrh•nook rrrhrk of Hoath i,nd about e t ery u ork refeled injury or:Noss th of mvoh es loss of ccn saousres s.restricted.cork acr„aty or+ab lransler I1,r n':yn.r,r...I Mill,1211,411;0 rys;IMN 11na,.wak IN mraMSdbrablNml hurt WWI best aid You leftist aso record s)gnfboanl..ork to+ale?njunes and drosses that ate diagrosed by a Physician cr kansed heallb le left probs".kxwr VillIII r/h,rr if"IN(I1HNk erAd ld inpolas and XeNnSOS Thar meet any or the specrlic recorclog crdetia;is red*n 29 CrR Part 1004-0 through 1904.19 reel tree to t:,r„1,x:✓.n"rnf{{mmr. 411a4_ ti 1 [It'�1 ter• :0 ht er Fant lona:;alykl cn:N1'I ll 1)1NrrN)III Yah)nNlct carnPIale an tnjtrry and PIAS-S Incroenl Hepon(USI/A form 301)or equrva?erf loam for each Injury or d'neSS(ecoroed on this �� far.d y I Pri rtr Starr 1%1101ert a r+r:4r I,;nN;tNdabk),call yarn Wul OSI W office for help. r:Iv '.r"1" 7� Doscrlbe the case Classify the Caso —_ CHECK ONLY ONE box for eftch clean Enter Uro nunvb.r of A) (R) (C) (Q) (E) (F7 i baseld on the nioat morloom atilconle,for day.the 1,11 r d or Check Urn"Injury”column or _;0211 F.nyrbryr•'.'s namr ,job fill'. once or injury Where the event occurred Describe injury or illness,parts of body affected, III warher win: choose ane type at Illness: w'r•.,14111,1) or¢rust (r.g.,heeling dl,rk rnu Rr rtleh and object;substancc that directly injured of illness or made person ill(r.g.•Sm,nd rlrg•nv 6m n ,w, flemnhled wt Work ¢way On Jab right lmrnr s'�nua Osys Away Job tr.nafer ntnrrly1rve lark) train Irenaler or h.,ra,.onl . i 4 l Death (,.--,k or resrrlatlon .W.a.o.. warp sealrlallen 5 C 6 1J L) Ll Ua,,. 'Ina II II II 1:1 0 ❑ .rarnwar,. ❑ ❑ U U Iry, 1.1„ 11 11 11 11 11 n f _L ❑ ❑ Ll U 11 [I 11 1, {i _L ❑ ❑ ❑ ❑ __'try, _,u,. I I I I I I !I I I I I ❑ ❑ ❑ ❑ rtanNWlay ❑ ❑ ❑ ❑ _t'r _'ler D Ca ❑ ❑ ❑ n —L ❑ ❑ ❑ ❑ —thr —Am- ❑ ❑ 0 n 1 I I I — In;mnro+w _1— ❑ ❑ ❑ ❑ — —d- ❑ n II II 11 II - 're:rrrvaay ❑ ❑ ❑ ❑ _'ur _4r I`I 11 I I I I 1 1 I l - ncrnrYJ•,y ❑ ❑ ❑ ❑ _'Ire _day, I I I I I I I I I I I l — �,•.nlnra�y "walstwy — ngMlwWy _1— ❑ ❑ ❑ ❑ --_air' — a,,. I I I 1 11 ❑ ❑ ❑ — •rawrrn+r Page totals> _ _ Publir rrpannq;bur'In'Iw dN.ndkraun.d alunna/am n rawHo.vl b,am•raly I I nNlurlr.p•r,ry.ur,r,irNludrnl;huN•hr t'.virt. Hu Sur.lu franskr Man rwafs r0 tw su im"y Paye if w1,•;ity„!N bururc Val puvl if .hr inunu dnm,..an lr.,nil VIb..I1.-41.urr•k•d,.e,1,rompkrr aul rr 1k 11 ."11”16.1.1 iwF mwwo.Iv- ftp•1,w I"I'.. 'y."„d,..rh,,.'IL,1,'m•a hdnl.......n'v,M.,it di.pta...nrrnnh.olid iAlll„'aunt uundrr..II'vier blur uny'.nnn... .Jrom d......re'n......•",n .n,n•nr. b1MIId 011er4 S1_01.16a \..........N%V.%V'.J rgn.n.IN:;n4It,I r•and lb,•,un ph--.I L•rn..m d1,,ulli.c (2) (3) (4) (5) (6) CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2023-1106038 Texas Pride Utilities, LLC Spring,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 12/20/2023 being filed. CDate Acknowledged: City of Round Rock 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 000000 Construction Cycle 3 Basin 4&5 Wastewater Main Rehabilitation Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Guerra, Luis Spring,TX United States X Martinez,Jorge Dayton,TX United States X Gary ,Sherrill Spring,TX United States X Luna, Hugo Spring,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION I �'; "fir My name is ` Aj S , and my date of birth is - My address is 7 a-S c b� (L d w s} TX us ft (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. II--e'' Executed in Ates 1�f County, State of 'L Y--a s on the� day of --Ibf20Z. (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.fib8c3f1 City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor / AGREEMENT made as of the ( )day of �` in the year 204 It V BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Ubl'&S. LLC, ("Contractor") The Project is described as: CYCLE 3-BASIN 4&5 WASTEWATER MAIN The Engineer is: Trae Sutton, P.E.,C.F.M.,Partner Kasberg,Patrick&Associates,LP 800 South Austin Avenue Georgetown Texas 78626 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged,Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement,Conditions of the Contract(General,Supplementary and other Conditions), Drawings, Specifications,Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 4-2020 Page 1 of 5 Standard Form of Agreement 00443647 ARTICLE 3 DATE OF COMMENCEMENT;DATE OF SUBSTANTIAL COMPLETION; DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 33 Contractor shall commence Work within ten 10 calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than two hundred forty 2( 40 )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than two hundred forty 270 )calendar days from issuance by Owner of Notice to Proceed,subject to adjustments of this Contract Time as provided in the Contract Documents. 3.5 If Contractor fails to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement,Contractor shall pay to Owner,as liquidated damages, the sum of one thousand and No/100 Dollars($ 1000 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation.It is hereby agreed that if Substantial Completion of the Work(or any portion thereof)is not achieved on or before thirty(30)days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work(or any portion thereof)in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than two hundred seventy 2( 70 )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be ova. OJVVon S j 4-1.P1.1, :"M OM A &&)CJL 1C1 do a K ($ 1_T 5.34a• 0 0 ),subj t to additions and deductions as provided in the ontra t Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? No X . Yes .If yes,please provide details below. 00500 42020 Page 2 of 5 Standard Form of Agreement 00443647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th)day of a month,Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(10th)day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents.The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the General Conditions. 5.1.7 Except with Owner's prior written approval,Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: .1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Engineer and approved by the Owner. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after all Work on the Contract has been fully performed.Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions. 00500 42020 Page 3 of 5 Standard Form of Agreement 00443647 6.2 The Work may be suspended by Owner as provided in Article 15 of the General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary,Special,and other Conditions of the Contract are those contained in the Project Manual dated December 2023 7.1.4 The Specifications are those contained in the Project Manual dated December 2023 7.1.5 The Drawings,if any,are those contained in the Project Manual dated December 2023 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated December 2023 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated December 2023 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000,"Federally Required Contract Clauses,as modified. 7.1.9 Other documents,if any,forming part of the Contract Documents are as follows: Construction Drawings ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Kaitlyn Saucedo Utilities and Environmental Services 3400 Sunrise Road Round Rock,TX 78665 8.3 Contractor's representative is: WS G vccra- �?2,5 Cwt b I Pet 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assert that,in the event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein,exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding,including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year fust written above and is executed in at least two(2) original copies,of which one is to be delivered to Owner. OWNER CONTRACTOR � CITY ON RO OCK,TEXAS 1 'i ynt5 Printed N e: Printed Name: Lyly C✓YcL Title . Title: G til G cl< t'— Date Signed: M Date Signed: 3- 1- Z L( -- L;-4" City Clerk FOR CITY,APPROVED AS TO FORM: tty rney 00500 42020 Page 5 of 5 Standard Form of Agreement 00443647 Bond No. SUR 100353915 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Texas Pride Utilities, LLC , of the City of Houston County of Harris , and State of Texas , as Principal, and Merchants Bonding Company(Mutual) authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS (Owner), in the penal sum of One Million Nine Hundred Sixty Five Thousand Three Hundred Eighty Dollars ($1,965,380.00 ) for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered ipto a certain written Agreement with the Owner dated the day of ,2024 to which the Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Cycle 3- Basin 4&5-Wastewater Main Rehabilitation NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully perform said Agreement and shall, in all respects, duly and faithfully observe and perform all and singular the covenants, conditions and agreements in and by said Agreement, agreed and covenanted by the Principal to be observed and performed, including but not limited to, the repair of any and all defects in said work occasioned by and resulting from defects in materials furnished by or workmanship of,the Principal in performing the Work covered by said Agreement and occurring within a period of twelve (12) months from the date of Final Completion and all other covenants and conditions, according to the true intent and meaning of said Agreement and the Plans and Specifications hereto annexed,then this obligation shall be void; otherwise to remain in full force and effect; PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00610 4-2020 Pcrfonnancc Bond 00443639 PERFORMANCE BOND(continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of Principal's default,shall perform all of Principal's duties and obligations under the Agreement. If, within ten (10) days after receipt of such notice from Owner, Surety does not commence to complete the obligations of Principal with a contractor acceptable to Owner and diligently complete the performance of the Principal's duties and obligations, Owner shall have the right but not the obligation to have the duties and obligations of Principal performed. In such event, Surety shall pay to Owner,upon demand,all costs,expenses and damages sustained by Owner as a result of Principal's failure to perform its duties and obligations under the Agreement up to the AIIgU513g0•CPO sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this day of , 20_ Texas Pride Utilities, LLC Merchants Bonding Company(Mutual) Principal Surety (,UIS W U"I(A Cheryl R. Colson Printed Name Print Name P /1 �,2 By: 19 By: _�O_ Title: 1AA M(,l G((,r Title: A orney-in-Fact Address: 735 CarSy Road Address: p.0. Box 14498 Houston,Texas 77037 Des Moines, Iowa 50308-3498 .Fesidpo Agent of Surety: P ("v-L *iatre Cheryl R. Colson Printed Name 480 Wildwood Forest Drive, Ste. 760 Street Address Spring,Texas 77380 City, State&Zip Code Page 2 00610 4-2020 Performance Bond 00443639 MERCHANT BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint.individually, Averi M Stockton;Cheryl R Colson;Courtney Goulding;Elaine Lewis;Kevin McOuain;Malia E Mann;Rita Nicholson;Rosalyn D Hassell;Sam Caringi;Scott D Chapman;Tristin Rosen their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 30th day of January 2024 ,.•'""""••. .•....... MERCHANTS BONDING COMPANY(MUTUAL) �1P0 A�.e . O�O\10 9 MERCHANTSA• dlbla MERCHANTS NATIONALI INDEMNITY COMPANY =Q 2 -o- 0'. :t�-:2 0- o: :T•:` :Z: •z: :3� ,v. 2003 1933 :c. By •OdJ�� .... •. ....: �••6,��...i,.-• �1d•• President STATE OF IOWA '•.,��. •.•�•��.• COUNTY OF DALLAS ss. ""'. On this 30th day of January 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim Lee Cammissmn Iff113? 1:1y Commission soon l.E wres A01 14.2024 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of .•+.. . ON At o �O,N P Cq�A 1,- -0- v: 2003 ��; y' 1933 c; Secretary •;d .• S. POA 0018 (1/24) """ Bond No. SUR 100353915 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Texas Pride Utilities, LLC , of the City of Houston County of Harris , and State of Texas , as Principal, and Merchants Bonding Company(Mutual) authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of One Million Nine Hundred Sixty Five Thousand Three Hundred Eighty Dollars($ 1,965,380.00 )for the payment whereof,well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner, dated the _ /Z_ day of j2,Q14 , 20?4 to which Agreement is hereby referred to and made a part hereof as frilly and to the same extent as if copied at length herein consisting of- Cycle fCycle 3- Basin 4 & 5 -Wastewater Main Rehabilitation NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall well and truly pay all subcontractors, workers, laborers, mechanics, and suppliers, all monies to them owing by said Principals for subcontracts,work,labor,equipment,supplies and materials done and furnished for the construction of the improvements of said Agreement, then this obligation shall be and become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253, Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said Chapter 2253 to the same extent as if it were copied at length herein. Page 1 00620 04-2020 Payment Bond 00437699 PAYMENT BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the plans, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time, alteration or addition to the terms of the contract,or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this day of . 20 Texas Pride Utilities, LLC Merchants Bonding Company (Mutual) Principal Surety LuisG bra. Cheryl R. Colson Printed Name Printed Name By: Lt By: &k & Title: I M Title: A rney-In-Fact Address: 735 Ca4 Road Address: P.O. Box 14498 Houston,Texas 77037 Des Moines, Iowa 50308-3498 Resident Agent of Surety: rl� Sign re Cheryl R. Colson Printed Name 480 Wildwood Forest Drive, Ste. 760 Street Address Spring,Texas 77380 City, State& Zip Code Page 2 006201-2020 Payment Bond 00090656 MERCHANTS ` �� BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa,d/b/a Merchants National Indemnity Company(in California only)(herein collectively called the "Companies")do hereby make,constitute and appoint,individually, Averi M Stockton;Cheryl R Colson;Courtney Goulding;Elaine Lewis;Kevin McOuain;Malia E Mann;Rita Nicholson;Rosalyn D Hassell;Sam Caringi;Scott D Chapman;Tristin Rosen their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only. it is agreed that the power and aut hority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 30th day of January 2024 """"'•., ••"'•• MERCHANTS BONDING COMPANY(MUTUAL) •."P.00Nq�e•, • •�O�NG CQ,A•• MERCHANTS NATIONAL BONDING,INC. ;may 4°RPO/pq.� •�O,�ORP09��9y�• d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY v. 2003 .y' 1933 o c: By STATE OF IOWA •'•k •�?',• •'b;��Y• ••`,'•• President COUNTY OF DALLAS ss. On this 30th day of January 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL)and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies:and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Kim La ' Comm ssoe ssionsan Er 70273? tiff CommisEames 1 1 t fp6l14.2324 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this day of •''ait°•N..4''•. G*N� ��,'•• • pa PU A g? .RP OR' �o . •m • p� A _o_ c:v: :� 2 ; "00019. 2003 1933 'c; Secretary vd. •Q. POA 0018 (1/24) """ •' MERCHANTS BONDING COMPANY. MERCHANTS BONDING COMPANY (MUTUAL) - P.O. BOX 14498 • DES MOINES, IOWA 50306-3498 PHONE: (800) 678-8171 • FAX: (515) 243-3854 Have a complaint or need help? If you have a problem with a claim or your premium,call your insurance company or HMO first. If you can't work out the issue, the Texas Department of Insurance may be able to help. Even if you file a complaint with the Texas Department of Insurance, you should also file a complaint or appeal through your insurance company or HMO. If you don't, you may lose your right to appeal. To get information or file a complaint with your insurance company or HMO: Merchants Bonding Company(Mutual) Call:Compliance Officer at(800) 671-8171 Toll-free:(800)671-8171 Email: regulatory@merchantsbonding.com Mail: P.O. Box 14498, Des Moines, Iowa 50306-3498 To get insurance information,you may also contact your agent: USi Insurance Services Call: (832)702-8350 Mail: 480 Wildwood Forest Drive, Ste. 760, Spring, Texas 77380 The Texas Department of Insurance To get help with an insurance question or file a complaint with the state: Call with a question: 1-800-252-3439 File a complaint:www.tdi.texas.gov Email:ConsumerProtection@tdi.texas.gov Mail: Consumer Protection, MC: CO-CP, Texas Department of Insurance, PO Box 12030, Austin, TX 78711-2030 LTiene una queja o necesita ayuda? Si tiene un problema con una reclamaci6n o con su prima de seguro, Ilame primero a su compania de seguros o HMO. Si no puede resolver el problema, es posible que el Departamento de Seguros de Texas (Texas Department of Insurance, por su nombre en ingles) pueda ayudar. Aun si usted presenta una queja ante el Departamento de Seguros de Texas, tambien debe presentar una queja a traves del proceso de quejas o de apelaciones de su compania de seguros o HMO. Si no to hace, podria perder su derecho para apelar. Para obtener informaci6n o para presentar una queja ante su compania de seguros o HMO: Merchants Bonding Company(Mutual) Llame a:Compliance Officer al (800)671-8171 Telefono gratuito: (800) 678-8171 Correo electr6nico: regulatory@merchantsbonding.com Direcci6n postal: P.O. Box 14498, Des Moines, Iowa, 50306-3498 EI Departamento de Seguros de Texas Para obtener ayuda con una pregunta relacionada con los seguros o para presentar una queja ante el estado: Llame con sus preguntas al: 1-800-252-3439 Presente una queja en:www.tdi.texas.gov Correo electr6nico: ConsumerProtection@tdi.texas.gov Direcci6n postal:Consumer Protection, MC:CO-CP, Texas Department of Insurance, PO Box 12030,Austin, TX 78711-2030 SUP 0032 TX(7/23) ACC) 11/1133/CERTIFICATE OF LIABILITY INSURANCE DATE( /22023023 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Brown&Brown Lone Star Insurance Services,Inc PHONE Ext): (281)260-2000 AIC,No): FAX (281)260-3065 6707 Gessner E-MAIL ADDRESS: INSURERIS)AFFORDING COVERAGE NAIC# Houston TX 77040 INSURERA: Liberty Insurance Corporation 42404 INSURED INSURER B: Liberty Mutual Fire Insurance Company 23035 Texas Pride Utilities,LLC INSURER C: Evanston Insurance Company 35378 725 Carby Road INSURER D: Texas Mutual Insurance Company 22945 INSURER E: Illinois Union Insurance Company 27960 Houston TX 77037 INSURER F: COVERAGES CERTIFICATE NUMBER: CL23111316988 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. ITR EFF POLICY EXP TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDY/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 �/ A 100,000 CLAIM S-MADEOCCUR PREMISES Ea occurrence) $ MED EXP(Any one person) $ 10,000 A TB7Z91477074023 11/18/2023 11/18/2024 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY N JECT —1 OPRODUCTS-COMP/OPAGG $PRO- 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED AS2Z91477074013 11/18/2023 11/18/2024 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ X AUTOS ONLY IX AUTOS ONLY Per.accident X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 2,000,000 C EXCESS LIAB CLAIMS-MADE MKLM4EUL101046 11/18/2023 11/18/2024 AGGREGATE $ 2,000,000 DED I I RETENTION$ $ WORKERS COMPENSATION X STATUTE EORH AND EMPLOYERS'LIABILITY YIN 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE -1 NIA 0002102316 11/18/2023 11/18/2024 E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Limit of Liability $5,000,000 Pollution Liability E G2830402A 004 11/18/2023 11/18/2024 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Equipment Floater YM2Z91477074033 11/18/2023-2024 Liberty Mutual Insurance-Leased/Rented equipment limit$50,000. Installation floater-YM2Z91477074033 11/18/2023-2024 Limit at Project Site$1,000,000.The policy contains a blanket loss payee endorsement for those holders that require it,additional insured,waiver of subrogation&30 day notice of cancellation. See page 2 for wording included. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City Manager City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. 221 E Main Street AUTHORIZED REPRESENTATIVE/ Round Rock TX 78664 / ©18888-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 00430244 LOC#: AORV ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Brown&Brown Lone Star Insurance Services,Inc POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes Project Cycle 3-Basin 4&5 Wastewater Main Rehabilitation ACORD 101(2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Additional Named Insureds Other Named Insureds -`:?ride Holdings LLC Insured Multiple Names OFAPPINF(02/2007) COPYRIGHT 2007,AMS SERVICES INC AGENCY CUSTOMER ID: 00430244 LOC#: ACORd ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Brown&Brown Lone Star Insurance Services,Inc Texas Pride Utilities,LLC POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes The General Liability&Auto Liability policies includes a blanket automatic additional insured endorsement that provides additional insured status to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. Policy contains a endorsement with Primary&Noncontributory wording. The Workers Compensation,General Liability&Auto policies includes a blanket waiver of subrogation endorsement that waives the underwriters rights of subrogation to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. 10 day notice of cancellation for nonpayment of premium,30 day notice of cancellation for any other reason. The Umbrella policy is written to follow form of the underlying,GL,Auto&Workers Compensation policies. Hired Non Owned Auto physical damage is included in Auto coverage. ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD City of Round Rock Contract Forms Supplemental General Conditions Section 00800 SUPPLEMENTAL GENERAL CONDITIONS TO AGREEMENT FOR CONSTRUCTION SERVICES The Supplemental General Conditions contained herein shall amend or supplement the General Conditions, Section 00700. ARTICLE 1 -DEFINITIONS 1.16 Engineer/Architect(E/A): Add the following: Name (Representative): Tree Sutton,P.E.,°.F.M.,Partner Firm: Kasherg,Patrick 8 Associates,LP Address: 800 South Austin Avenue City, State, Zip: Georgetown,Texas 78626 Telephone: 512-819-9478 Facsimile: Email: TSuttoniaKPAengineers.com 1.27 Owner's Representative: Add the following: Name: Kaitlyn Saucedo Title: Engineer Associate Address: 3400 Sun^se Road City, State, Zip. Round Rock,TX78665 Telephone: 512-218-7076 Facsimile: Email: ksaucedo@roundrocktexas.gov ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF onethousand AND NO/100 DOLLARS $100° PER DAY FOR EACH DAY BEYOND THE DATE ESTABLISHED THEREFOR THAT THE CONTRACTOR FAILS TO ACHIEVE SUBSTANTIAL COMPLETION, AND FOR WHICH OWNER IS UNABLE TO UTILIZE THE IMPROVEMENTS AND FACILITIES DUE TO THE FAILURE OF CONTRACTOR TO HAVE ACHIEVED SUBSTANTIAL COMPLETION IN ACCORDANCE WITH THE CONTRACT. END OF SUPPLEMENTAL GENERAL CONDITIONS Page 1 00800 10-2015 Supplemental General Conditions 00090669