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Contract - Royal Vista, Inc. - 10/9/2025 CITY OF ROUND ROCK PUBLIC WORKS ROUND ROCK TEXAS Project Manual For: Cycle 4 Basins 1 & 2 - Wastewater Main Rehabilitation JUNE 2025 ����� 25 'N% Prepared By: S. .. OF T fxgS�1� Haden Mattke, P.E., CFM j* : •• * �� KPA Engineers .::.......................:.*..1 800 South Austin Avenue j HADEN J. MATTKE j Georgetown, Texas 78626 .............................. 154595 . ��'/ (512) 819-9478 APPROVED ,-P ®O ED BY����FSSioNA Eo..G��� C I 1 1 ATTO R N E`i( TBPE Firm Registration No 510 City of Round Rods, TexasContract Forms Standard Form of Agreement: Section 00500 City of Round Rods, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the 6/, (4)day of i n the year 20 z5-, BETWEEN the Owner: City of Round Rods,Texas(hereafter"Owner" or"City") 221 East Main Street Round Rods,Texas 78664 and the Contractor Royal Vista, Inc. ("Contractor") 350 CR 260 Liberty Hill,Texas 78642 The Project is described as Cyd e 4 Bas ns 1 & 2-Wastewater M ai n Rehabi I i tati on The Engineer is: Haden Mattke, PE,CFM KPA Engineers 800 South Austin Avenue, Georgetown,TX 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 asfollows ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of thisAgreement,Conditionsof the Contract(General,Supplementary and other Conditions), Drawings, Specifications,Addenda issued prior to execution of thisAgreement, other documents listed in thisAgreement and Modifications issued after execution of thisAgreement;theseform the Contract,and are as ful ly a part of the Contract as if attached to thisAgreement or repeated herein.The Contract represents the entire and i ntegrated agreement between the parti es hereto and supersedes pri or negoti ati ons,representati ons or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Artide 7. ARTICLE 2 THE WORK OF THISCONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent sped fiCal I indicated in the Contract Documents to be the responsibi I i ty of others. 00500 4-2020 Pagel of 5 Standard Form of Agreement 00443647 ARTICLE 3 DATE OF COMM ENCEM ENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF FI NAL COM PL ETI ON 3.1 The date of commencement of the Work shat I be the date of thi s Agreement unl ess a different date i s stated bel ow or provi si on i s made for the date to be f i xed i n a Noti ce to Proceed i ssued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shal I 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 N/A ( )calendar days from issuance by Owner of Notice to Proceed, and Contractor steal I achi eve Substantial Completion of the enti re Work no I ater than two-hundred and sixty ( 260 ) 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 Dol I ars($ 1,000.00 ) for each calendar day that Substantial Completion i s delayed after the dates) sped f ed for Substanti al Compl eti on. I t i s hereby agreed that the I i qui dated damages to whi ch Owner i s enti tl ed hereunder are a reasonabl e forecast of j ust compensati on for the harm that woul d be caused by Contractor's fai I ure 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, whi ch i ncl udes I oss of expected use of the Proj ect areas, provi§on of al ternati ve storage faci I i ti es and reschedul i ng of movi ng and occupancy dates, i s one that i s i ncapabl e or very di f i cul t of accurate esti mati on. I t i s 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 col I ect 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 shat I achi eve Fi nal Compl eti on of the enti re Work no I ater than two-hundred and ni nety ( 290 )cal endar days f rom i ssuance by Owner of Noti ce to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shat I pay Contractor the Contract Sum in current funds for Contractor'sful I and complete performance of the Work and all of Contractor's obligations under this Agreement. The Contract Sum shall be One Million Six Hundred Fourty Six Thousand Six undred Fifty Three Dollars and Sixty One/100 ($1,646,653.61 ), subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum i ncl ude al ternates whi ch are descri bed i n the Bi d Form? No x . Yes .If yes, please provide details below. 00500 4-2020 Page2 of 5 Standard Form of Agreement 00443647 ARTICLE PAYMENTS 5.1 PROGRESS PAYM ENTS 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 peri od covered by each A ppl i cati on for Payment shal I be one cal endar month endi ng on the I ast 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 I ater than the tenth(10th)day of the next month. If an Appl i cati on for Payment i s recei ved by Engi neer and Owner of ter the appl i cati on date f xed above, payment shat I be made by Owner not I ater 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 Engi neer's Certi f cate for Payment that i s di sputed by the Owner. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor i n accordance wi th the Contract Documents.The schedul e of val ues shal I al I ovate the enti re 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 substanti ate i is accuracy as Engi neer and Owner may requi re.Thi s schedul e,unl ess obj ected to by Engi neer or Owner, shat I be used as a basi s for revi ewi ng Contractor's A ppl i cati ons 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 A ppl i cati on 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 materi al s or equi pment whi ch have not been del i vered and stored at the d te. 5.2 FINAL PAY ENT 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 f ul I y performed the Contract except for Contractor's respond bi I i ty to correct Work, and to satisfy other requirements, if any,which extend beyond final payment; and .2 afinal Certi f i cate f or 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 Engi neer's f nal Certi f cate for Payment. I n no event steal I f nal payment be requi red to be made pri or to thi rty(30) days after all Work on the Contract has been ful I performed. Defects in the Work discovered prior to final payment shall I be treated as non-conformi ng Work and shat I be corrected by Contractor pri or to f nal payment,and shat l not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be termi nated by Owner or Contractor as provi ded i n A rti cl e 15 of the General Condi ti ons. 00500 4-2020 Page 3 of 5 Standad Form of Agreement 00443647 6.2 The Work maybe suspended by Owner as provided in A rti d e 15 of the General Condi ti ons. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as fol I ows 7.1.1 The Agreement is this executed version of the City of Round Rods, Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rods Contract Forms 00700," General Conditions, as modified. 7.1.3 The Su I ement Sped al,and other Condi ti ons of the Contract are those contai ned i n the Proj ect M anuai dated JI��IE 2025 7.1.4 The Sped f i cati ons are those contai ned i n the Proj ect M anual dated JUNE 2025 7.1.5 The Drawi ngs, i f any,are those contai ned i n the Proj ect M anual dated JUNE 2025 7.1.6 The I nsurance& Constructi on Bond Forms of the Contract are those contai ned i n the Proj ect M anual dated JUNE 2025 7.1.7 The Notice to Bidders, I nstructi ons to Bidders, Bid Form,and Addenda, if any, are those oontai ned in the Project M anual dated JUNE 2025 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract daises, such federally requi red daises are those contained in the"City of Round Rods Contract Forms 03000," Federally Required Contract Clauses,as modified. 7.1.9 Other documents, if any,forming part of the Contract Documents are as fol lows: �, /A ARTICLE 8 M I SCELLANEOUS 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 provi sions of the Contract Documents. 8.2 Owner's representative is Kaitlyn Saucedo Public Works 3400 Sunrise Road, Round Rods,TX 78665 8.3 Contractor's representative is Steven R.Green Vice President Royal Vista,Inc. 350 CR 260,Liberty Hill,Texas 78642 8.4 Nei ther Owner's nor Contractor's representati ve shal I be changed wi thout ten(10)days' wri tten noti ce to the other party. 00500 4-2020 Page 4 of 5 Staxiard Form of Agreement 00443647 8.5 Waiver of any breach of this Agreement shall not consti tute wai ver of any subsequent breach. 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance wi th the bid or proposal submitted therefor, subject to proper additions and deductions,ail as provided in the General Condi ti ons, Suppl ementai Condi ti ons, and Sped al Condi ti ons of thi s A greement, 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 avai I abl e. Thi s Agreement i s a commi tment of Ci ty of Round Rock's current revenues onl y. 8.7 A I though thi s A greement i s drawn by Owner,both parti es hereto expressl y agree and assert that,i n the event of any di spute over i is meani ng or appl i cati on,thi s A greement shal I be i nterpreted reasonabl y and fai rl y,and nei then more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rods,Texas, and if Iegai action is necessary by either party wi th respect to the enforcement of any or al I of the terms or condi ti ons herei n, exd us ve venue for same shai I I i e i n Williamson County, Texas, This Agreement shall be governed by and construed in accordance with the laws and court deci si ons of the State of Texas. 8.9 Both parties hereby expressly agree that no daims or disputes between the parties arising out of or relating to thi s A greement or a breach thereof shat I be deci ded by an arbi trati on proceedi ng, i nd udi ng wi thout I i mi tati on,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any appl i cabl e state arbi trati on statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for thefull and faithful performanceof thetermsand provisions hereof. Thi s A greement is entered into as of the day and year first written above and i s executed in at least two(2) ori gi nal copies,of which one i s to be delivered to Owner. OWNER CONTRACTOR CITY F ROUND OCK,TEXAS zoyal VI Printed ane: f r �� Printed Nave: Steven R. Green Title Title: Vice President Date Si gned: I ( I lX /ZOZ 5 Date Si gned: �� l✓ �� AT ST: City dierk FOR CITY,APPROVED AS TO FORM: y rney 00500 42020 Page 5 of 5 Standard Form of Agreement 00443647 Post-Proposal Negotiated Items Cycle 4-Basins 1 and 2 Wastewater Rehabilitation Project 8/29/2025 The City received three (3) Competitive Sealed Proposals on August 6, 2025, for the Cycle 4 -Basins 1 and 2 Wastewater Rehabilitation Project. Royal Vista,Inc, was selected as the proposal that is the"Best Value"for the City. Royal Vista, Inc. submitted a proposal with a total contract sum of$1,668,253.61. The City,Royal Vista, Inc., and the design engineer have negotiated the project and have agreed upon the total project sum of$1,646,653.61 by way of value engineering and/or scope reduction. The following list is a brief description of the value engineering items and/or scope reduction. The list is for descriptive purposes only and shall not be used for construction purposes. The project manual (includes the construction plans, specifications, addendums, and general conditions) shall be revised to include a Post Proposal Addendum(#3) agreed upon by both parties; and will be used for construction purposes. The agreed upon value engineering items and/or scope reduction is as follows: • Restore Service Connections—A reduction in Bid Price of$800.00/EA for the first 12-feet of Service (-$21,600) • Restore Service Connections—The establishment of a unit price of$55/LF for restoring service connections beyond 12-feet Bond No. 4437630 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Royal Vista, Inc , of the City of Liberty Hill , County of Williamson , and State of Texas , as Principal, and SureTec Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals,are held and firmly bound unto the CITY OF ROUND ROCK, TEXAS (OWNER), and all subcontractors, workers, laborers, mechanics and suppliers as their interest may appear, all of whom shall have the right to sue upon this bond, in the penal sum of One Million Six Hundred Fourty Six Thousand Six Hundred Fifty Three Dollars and Sixty One/100 Dollars($ 1,646,653.61 )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 eqtered into a certain written Agreement with the Owner, dated the & day ofNJ 11,QW6�/, 20 LSto which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: Cycle 4 Basins I &2- 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 Pribi al and Surety have signed and sealed this Instrument � this Mday of , 20 Royal Vista, Inc SureTec Insurance Company Principal Surety Toa c� _i� Hanna Liebisch Printed Name Printed Name (�J� By UBy: `�l�C -a' ' wfJ TitleWA& SG' Title: Attorney-in-Fact Address: 350 CR 260 Address: 2103 Cit West Blvd., Suite 1300 Liberty Hill, Texas 78642 Houston, TX 77042 Resident Agent of Surety: L�10Q'? 4i✓ Signature Denise Raker Printed Name 4424 W Sam Houston Pkwy N, Ste 1000 Street Address Houston, TX 77041 City, State &Zip Code Page 2 006201-2020 Payment Bond 00090656 POA# 4221786 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: Dudley C. Ray, Christopher Kolkhorst, Michael Maddux, Denise Raker, Hanna Liebisch Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 25th day of April , 2025 . SureTec Insurance Company V�ANC �"tttLtill"ANC i Aind -vice ance mpany �W Ci �r01.0 wiw ;yv _x• SEAL ss C.7 ��: :s; Michael C.Keimig,President '�,, �.�� President *' State of Texas County of Harris: On this 25th day of April , 2025 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. JULIE E. MCCLARY �n Notary Public State of Texas By: Commission#12947680-5 .% y /J ie E.McClary,Notary Public °•` Commission Expires March 29,2026 y commission expires 3/29/2026 We,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the day of ur sura Company Markel Insurance Company B B*wMa M.Br nt Beaty,A istant Secretary As 's nt Ser tary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity.4221788 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax#: 512-490-1007 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------------------------ SIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 Bond No. 4437630 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Royal Vista, Inc , of the City of Liberty Hill County of Williamson , and State of Texas , as Principal, and SureTec Insurance Company authorized under the law of the State of Texas to act as surety on bonds for principals, are held and firmly bound unto the CITY OF ROUND ROCK,TEXAS (Owner), In the penal sum of One Million Six Hundred Fourty Six Thousand Six Hundred Fifty Three Dollars and Sixty One/100 Dollars ($1,646,653.61 ) 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 hasa ered into a certain written Agreement with the Owner dated the & day of/&j,19MAe_,r-, 20LS'_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 4 Basins 1 &2 - 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 Performance Bond 00443639 PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement, or to the Work performed thereunder, or the Plans, Specifications, or drawings accompanying the same, shall in anywise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Agreement, or to the work to be performed thereunder. If Principal fails to faithfully perform said Agreement, Surety, after receipt of written notice of Principal's default,shall perform all of Principal's duties and obligations under the Agreement. If, within ten (10) days after receipt of such notice from Owner, Surety does not commence to complete the obligations of Principal with a contractor acceptable to Owner and diligently complete the performance of the Principal's duties and obligations, Owner shall have the right but not the obligation to have the duties and obligations of Principal performed. In such event, Surety shall pay to Owner,upon demand, all costs, expenses and damages sustained by Owner as a result of Principal's failure to perform its duties and obligations under the Agreement up to the Total 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 t s instrument this : -2nA, day of 0A 2'�L. , 20 Royal Vista, Inc SureTec Insurance Company cipal Surety �Jl,• �f��I Hanna Liebisch Printed Name Printed Nameif �� By: By: Tit e• Title: Attorney-in-Fact Address: 350 CR 260 Address: 2103 CityWest Blvd., Suite 1300 Liberty Hill, Texas 78642 Houston, TX 77042 Resident Agent of Surety: Signature Denise Raker Printed Name 2242 W Sam Houston Pkwy N. Ste 1000 Street Address Houston, TX 77041 City, State &Zip Code Page 2 00610 4-2020 Performance Bond 00443639 POA# 4221786 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duly organized and existing under the laws of the State of Texas and having its principal office in the County of Harris,Texas and Markel Insurance Company(the"Company"),a corporation duly organized and existing under the laws of the state of Illinois,and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: Dudley C. Ray, Christopher Kolkhorst, Michael Maddux, Denise Raker, Hanna Liebisch Their true and lawful agent(s)and attorney(s)-in-fact,each in their separate capacity if more than one is named above,to make,execute,seal and deliver for and on their own behalf,individually as a surety or jointly,as co-sureties,and as their act and deed any and all bonds and other undertaking in suretyship provided,however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Fifty Million and 00/100 Dollars($50,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED,That the President,any Senior Vice President,Vice President,Assistant Vice President,Secretary,Assistant Secretary,Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney,and such authority can be executed by use of facsimile signature,which may be attested or acknowledged by any officer or attorney,of the company,qualifying the attorney or attorneys named in the given power of attorney,to execute in behalf of,and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company,as the case may be,all bond undertakings and contracts of suretyship,and to affix the corporate seal thereto." IN WITNESS WHEREOF,Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 25th day of April , 2025 . SureTec Insurance Company S"IRANC ````yvtAN/C/i,,�� Ainde ance mpany ti :� —w: ��; SEAL '-a cc 5 By: '.`j 'gl B Michael C.Keimig,President '�, * ss�•�` ice President State of Texas County of Harris: On this 25th day of April , 2025 A.D.,before me,a Notary Public of the State of Texas,in and for the County of Harris,duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES,to me personally known to be the individuals and officers described in,who executed the preceding instrument,and they acknowledged the execution of same,and being by me duly sworn,disposed and said that they are the officers of the said companies aforesaid,and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies,and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies,and that Resolutions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF,I have hereunto set my hand,and affixed my Official Seal at the County of Harris,the day and year first above written. .............. JULIE E. MCCLARY Notary Public State of Texas By: C Commission#12947680-5 y -, 1 ie E.McClary,Notary Public Commission Expires March 29,2026 y commission expires 3/29/2026 We,the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is still in full force and effect and has not been revoked. �J IN WITNESS WHEREOF,we have hereunto set our hands,and affixed the Seals of said Companies,on the day of ur sura Company Markel Insurance Company B By: M.Br nt Beaty,A istant Secretary A4MaAs 's nt Ser tary Any Instrument Issued in excess of the penalty stated above is totally void and without any validity.4221786 For verification of the authority of this Power you may call(713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax#: 512-490-1007 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------------------------ SIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 ACoR" CERTIFICATE OF LIABILITY INSURj_..�E DATE(MM/DDrrrrY) 10/20/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Bee Blgtacion Higginbotham Insurance Agency, Inc. PHONE FAX 4424 W Sam Houston Parkway N, Suite 1000 W No, E=t):713-888-3951 _ A/C No):713-952-9939 Houston 77041 ADDRESS: bbigtacion@higginbotham.net INSURERS AFFORDING COVERAGE NAIC# License#:2081754 INSURER A:Texas Mutual Insurance Company 10393 INSURED ROYAVIS-02 INSURERS:BITCO National Insurance Company 20109 Royal Vista Inc. INSURER C:Navigators Specialty Insurance Company 36056 350 County Road 260 Liberty Hill TX 78642-6202 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:413945192 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MM/DPOLIDYEFF MMIDD/YYYY LIMITS ICY EXP LTR B X COMMERCIALGENERALLIABILITY CLP3759532 6/22/2025 6/22/2026 EACH OCCURRENCE $1,000,000 DAMAGE CLAIMS-MADE �OCCUR PREM SESOEa occurrence) $100,000 MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY ]PEP 7 LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: WORKSITE POLLUTION $1,000,000 B AUTOMOBILE LIABILITY CAP3759533 6/22/2025 6/22/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS DAMAGE X HIRED X NON-OWNED PROPERTY $ IAUTOS ONLY AUTOS ONLY Per accident Comp/Coll Ded: $1,000/$1,000 B X UMBRELLA LIABX OCCUR CUP37759534 6/22/2025 6/22/2026 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X RETENTION$ $ A WORKERS COMPENSATIOPER OT N AND EMPLOYERS'LIABILITY YIN 0001239145 6/22/2025 6/22/2026 X ISTATUTE I I ERH ANYPROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B INLAND MARINE/EQUIPMENT CLP3759532 6/22/2025 6/22/2026 SCHEDULED $1,633,408 C FLOATER NY25ECPX0194ONC 9/12/2025 9/12/2026 LEASED/RENTED EO $250,000 POLLUTION LIABILITY LIMIT/AGGREGATE $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The General Liability including Ongoing and Completed Operations and Automobile Liability policies include 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. The General Liability and Automobile Liability policies include a blanket Primary&Non-Contributory endorsement that applies to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such provision. The General Liability,Automobile Liability and Workers'Compensation policies include a blanket automatic waiver of subrogation endorsement that provides See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Round Rock ACCORDANCE WITH THE POLICY PROVISIONS. Attn: City Manager 221 E. Main Street AUTHORIZEDPRESENTATIVE Round Rock TX 78664 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: ROY/ 2 LOC#: AC RV ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency,Inc. Royal Vista Inc. 350 County Road 260 POLICY NUMBER Liberty Hill TX 78642-6202 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 this feature to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such provision. Umbrella Liability policy follows form provided by underlying insurance,General Liability,Automobile Liability and Employers Liability. Project:Cycle 4 Basins 1 &2 Wastewater Main Rehabilitation ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLJCY. PLEASE READ FT CAREFULLY. UTILITY CONTRACTORS EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMVERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an OX in the box next to the caption of such provision. A FX Partnership and Joint Venture Extension M. OX Construction Project General Aggregate Urnits B. FX Contractors Automatic Additional Insured Coverage—Ongoing Operations N. ED Fellow Employee Coverage C. X Automatic Waiver of Subrogation O. U Care, Custody or Control D. X Extended Notice of Cancellation, P. F_X J Electronic Data Liability Coverage Nonrenewal Q. FX] Consolidated Insurance Program Residual E. FYI Unintentional Failure to Disclose Hazards Liability Coverage F. FX Broadened Mobile Equipment R. FT]Automatic Additional Insureds—Managers or Lessors of Prernises G. U Personal and Advertising Injury- Contractual Coverage S. LX J Automatic Additional Insureds—State or Governmental Agency or Political H. U Nonemployment Discrirnination Subdivisions—Permits or Authorizations I. I-7X Liquor Liability T. EX] Contractors Automatic Additional Insured Coverage—Completed Operations J. OX Broadened Conditions U. D Additional Insured—Engineers, Architects K OX Automatic Additional Insureds— or Surveyors Equipment Leases L. [ Insured Contract Extension- Railroad Property and Construction Contracts A. PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II-WHO IS AN INSURED The last full paragraph which reads as follows: No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member, you are an insured, but only with respect to liability arising out of "your work" on behalf of any partnership or joint venture not shown as a Named Insured in the Declarations, provided no other similar liability GL-3085(10/19) -1- insurance is available to you for 'your work" in connection with your interest in such partnership or joint venture. B. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—ONGOING OPERATIONS SECTION II — WFIO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The ads or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s) designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injur/'or"property damage"occurring after: 1. Al work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or 2. That portion of 'your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV- COMMERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of'Your work"for that person or organization. GL-3085(10/19) -2- D. EXTENDED NOTICE OF CANCELLATION,NONRENEWAL Item A2.b. of the COMVION POLICY CONDITIONS , is deleted and replaced with the following: A.2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. Item 9. of SECTION IV- COMVERCIAL GENERAL LIABILITY COMMONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a above, it is agreed that you may extend the period of this policy for a maximum additional sixty(60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9.a above. E UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMWr Item 12.b. of SECTION V-DEFINITIONS , is deleted and replaced with the following: 12.b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL COVERAGE Exclusion 2.e. of SECTION I,COVERAGE B is deleted. H. NONOVPLOYNENT DISCRIMNATION Unless"personal and advertising injury' is excluded from this policy: Item 14. of SECTION V-DEFINITIONS , is amended to include: "Personal and advertising injury" also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by"discrimination." SECTION V-DEFINITIONS , is amended to include: "Discrimination" means the unlawful treatment of individuals based on race,color, ethnic origin, age, gender or religion. GL-3085(10/19) -3- Item 2.Exclusions of SECTION I,COVERAGE B , is amended to include: "Personal and advertising injury' arising out of "discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured; "Personal and advertising injury' arising out of "discrimination" by or at your, your agents or your "employees"direction or with your,your agents or your'employees"knowledge or consent; "Personal and advertising injury' arising out of "discrimination" directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any dwelling, permanent lodging or premises by or at the direction of any insured; or Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code, law, or statute because of"discrimination." I. UQ JOR LIABILITY Exclusion 2.c. of SECTION I,COVERAGE A , is deleted. J. BROADENED CONDITIONS Items 2.a and 2.b. of SECTION IV- CONNERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2. Duties In The Event Of Occurrence,Offense,Claim Or Suit: a. You must see to it that we are notified of an "occurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an"employee"designated to give notice to us. Notice should include: (1) How,when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or"suit"is brought against any insured,you rrW: (1) Record the specifics of the claim or"suit" and the date received as soon as you, one of your officers, or an"employee"designated to record such information is notified of it; and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an "employee" you designate to give us such notice learns of the claims or"suit." Item 2.e. is added to SECTION IV-C XVLERCIAL GENERAL LIABILITY CONDITIONS 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form, failure to report such "occurrence" to us at the time of "occurrence" shall not be deemed in violation of paragraphs 2.a., 2.b., and 2.c. However, you shall give written notice of this "occurrence" to us as soon as you are made aware of the fact that this "occurrence" may be a liability claim rather than a workers compensation claim. GL-3085(10/19) -4- K AUTOMATIC ADDITIONAL INSUREDS-EQUIPMENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for"bodily injury', "property damage" or"personal and advertising injury caused, at least in part, by your maintenance, operation, or use by you of the equipment leased to you by such person or organization, subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. 'Bodily injury'or"property damage"occurring after you cease leasing the equipment. 2. 'Bodily injury'or"property damage"arising out of the sole negligence of the additional insured. 3. "Property damage"to: a. Property owned, used or occupied by or rented to the additional insured; or b. Property in the care, custody or control of the additional insured or over which the additional insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-oontributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. L INSURED CONTRACT EXTENSION-RAILROAD PROPERTY AND CONSTRUCTION CONTRACTS Item 9.of SECTION V-DERNITIONS , is deleted and replaced with the following. 9. "Insured Contract"means: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another parry to pay for "bodily injury' or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. GL-3085(10/19) -5- Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications;or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. M CONSTRUCTION PROJECT GENERAL AGGREGATE UMTS This modifies SECTION III-UMTS OF INSURANCE . A. For all sums which can be attributed only to ongoing operations at a single construction project for Mich the insured becomes legally obligated to pay as damages caused by an"occurrence"under SECTION I -COVERAGE A, and for all medical expenses caused by accidents under SECTION -COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under COVERAGE A, except damages because of "bodily injury' or "property damage" included in the "products-completed operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a. Insureds; b. Claims made or"suits"brought;or c. Persons or organizations making claims or bringing"suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Lirnit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. GL-3085(10/19) -6- B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I-COVERAGE C : 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Construction Project General Aggregate Limit. C. Payments for damages because of "bodily injury or"property damage" inducted in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs,specifications or timetables, the project will still be deemed to be the same construction project. E The provisions of SECTION III - UMTS OF INSURANCE not otherwise modified by this endorsement shall continue to be applicable. N. FELLOW EMPLOYEE COVERAGE Exdusion 2.e. Employers Liability of SECTION I, COVERAGE A, is deleted and replaced with the following: 2.e. "Bodily injury'to (1) An"employee"of the insured arising out of and in the course of: (a) Employment by the insured;or (b) Performing duties related to the conduct of the insured's business;or (2) The spouse, child, parent, brother or sister of that"employee"as a consequence of paragraph (1)above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an"insured contract'; or (2) Liability arising from any action or omission of a co2employee" while that oo-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2.a.(1 Xa) of SECTION II-WHO IS AN INSURED , is deleted and replaced with the following: 2.a.(1Xa) To you, to your partners or members (if you are a partnership or joint venture) or to your members (if you are a limited liability company), or to your "volunteer workers" while performing duties related to the conduct of your business. GL-3085(10/19) -7- O. CARE,CUSTODY OR CONTROL Exclusion 2jA of SECTION I,COVERAGE A is deleted and replaced with the following: 2.j.4 Personal property in the care, custody or control of the insured. However,for personal property in the care, custody or control of you or your "employees," this exclusion applies only to that portion of any loss in excess of$25,000 per occurrence, subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is $100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III-LIMITS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto, at actual cost to you, exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. P. ELECTRONIC DATA UABIIJTY COVERAGE A Exclusion 2.p. of COVERAGE A — BODILY INJURY AND PROPERTY DAMAGE LIABILITY in SECTION I—COVERAGES is replaced by the following: 2.Exclusions This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data- Related Liability Damages arising out of: (1) Any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) The loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate"electronic data"that does not result from physical injury to tangible property This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense GL-3085(10/19) -8- incurred by you or others arising out of that which is described in Paragraph (1) or (2) above. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of"bodily injury'. B.The following is added to Paragraph 2. EXCLUSIONS of SECTION I—COVERAGE B—PERSONAL AND ADVERTISING INJURY UABILfTY: 2.Exclusions This insurance does not apply to: Access Or Disclosure Of Confidential Or Personal Infomiation 'Personal and advertising injury' arising out of any aocess to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information. This exclusion applies even if damages are claimed for notification oosts, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information. C. The following definition is added to Section V—DERNITIONS "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CAROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purposes of this coverage, the definition of "property damage" in SECTION V — DEFINITIONS is replaced by the following: "Property damage„means: a. Physical injury to tangible property, including all resulting loss of use of that property. Al such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. Al such loss of use shall be deemed to occur at the time of the"occurrence"that caused it; or C. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. Al such loss of"electronic data"shall be deemed to occur at the time of the"occurrence"that caused it. For the purposes of this insurance, "electronic data"is not tangible property. Q CONSOLIDATED INSURANCE PROGRAM RESIDUAL UABILJTY COVERAGE With respect to"bodily injury', "property damage", or 'personal and advertising injury'arising out of your ongoing operations; or operations included within the"products-completed operations hazard",the policy to which this coverage is attached shall apply as excess insurance over coverage available to `you" under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). GL-3085(10/19) -9- Coverage afforded by this endorsement does not apply to any Consolidated Insurance Program involving a 'residential project' or any deductible or insured retention, specified in the Consolidated Insurance Program. The following is added to Section V—Definitions "Residential project" means any project where 30% or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A`residential project"does not include military owned housing, college/university owned housing or dormitories, long term care facilities, hotels, motels, hospitals or prisons. All other terms, provisions, exclusions and limitations of this policy apply. R. AUTOMATIC ADDITIONAL INSUREDS-MANAGERS OR LESSORS OR PREIVISES SECTION II—WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contract or written agreement to name as an additional insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to be a tenant in that premises. 2. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. S. AUTOMATIC ADDMONAL INSUREDS — STATE OR GOVERNMMAL AGENCY OR POLITICAL SUBDIVISIONS—PERMTS OR AUTHORIZATIONS SECTION II — WFIO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: 1. 'Bodily injury', "property damage" or "personal and advertising injury' arising out of operations performed for the federal government, state or municipality; or 2. "Bodily injury'or`property damage"included within the"products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be GL-3085(10/19) -10- primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. T. CONTRACTORS AUTOMATIC ADDMONAL INSURED COVERAGE—CONPLETED OPERATIONS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for conmpleted operations, but only with respect to liability for"bodily injury'or"property damage"caused, in whole or in part, by 'your work" at the project designated in the contract, performed for that additional insured and included in the"products-completed operations hazard" This insurance is excess of all other insurance available to the additional insured,whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. U. ADDITIONAL INSURED—ENGINEERS,ARCHITECTS OR SURVEYORS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who may not be engaged by you, but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising injury' arising out of the rendering of or the failure to render any professional services, including: 1. The preparing, approving, or failing to prepare or approve reaps, drawings, opinions, reports, surveys, change orders,designs or specifications; or 2. Supervisory, inspection or engineering services. This insurance is excess of all other insurance available to the additional insured, whether primary, excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3085(10/19) -11- THS ENDORSEMENT CHANCES THE POLICY. PLEASE READ IT CAREFULLY. EXTENDED LIABILITY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of anX❑ in the box next to the caption of such provision. A. U Broad Form Named Insured F. U Coverage Territory Broadened B. OX Bodily Injury Extension G. X� Medical Payments- Increased Limits C. U Employee As Insureds-Health Care Services H. X❑ Funded Expected or Intended Exception D. FX Non-Owned Watercraft Liability L X] Property Perils Legal Liability E. X Liberalization J. FX-1 Broadened Supplementary Payments A BROAD FORM NAKED INSURED SECTION II-VMO IS AN INSURED , Paragraph 3 is deleted and replaced by the following: 3. Any organization you newly acquire or form, except for a partnership, joint venture or limited liability company, and over which you maintain majority ownership or interest (51%or more) or for which you have assumed the active management, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a Coverage under this provision is afforded only until the end of the policy period or the 12- month anniversary of the policy inception date, whichever is earlier; b. Coverage A does not apply to "bodily injury' or "property damage" that occurred before you acquired or formed the organization; C. Coverage B does not apply to "personal and advertising injury' arising out of an offense committed before you acquired or formed the organization. B. BODILY INJURY EXTENSION SECTION V-DEFINITIONS , Paragraph 3, is deleted and replaced by the following: 3. "Bodily injury' means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these, at any time. Mental anguish means any type of mental or emotional illness or disease. C. ENPLOYEES AS INSUREDS- HEALTH CARE SERVICES SECTION II-WHO IS AN INSURED , Item 2.a.(1xd) is deleted. GL-2784-TX(09/11) -1- D. NOIkOWNED WATERCRAFT UABIUTY SECTION I-COVERAGES,COVERAGE A,2.EXCLUSIONS , Item g.(2) is replaced with: (2) A watercraft you do not own that is: (a) Less than 51 feet long;and (b) Not being used to carry persons or property for a charge. E UBERAUZATION SECTION IV-CONDITIONS , is amended to include: 10. Liberalization If we adopt a change in our forms or rules which would broaden the coverage of this policy without an additional premium charge, the broader coverage will apply. This extension is effective upon the approval of such broader coverage in your state of domicile. F. COVERAGE TEF RITORY BROADENED SECTION V-DER"TIONS , Item 4.a. is replaced with: a. The United States of America (including its territories and possessions), Canada, Bermuda, the Bahamas,the Cayman Islands, British Virgin Islands and Puerto Rico. GL MEDICAL PAYMENTS- INCREASED UMTS Unless COVERAGE C.-MEDICAL PAYMENTS is excluded from this policy: SECTION I-COVERAGES , Coverage C, Insuring Agreernent , Item c. is added: C. The medical expense limit provided by this policy shall be the greater of: (1) $10,000;or (2) The amount shown in the declarations. K EXPANDED EXPECTED or INTENDED EXCEPTION SECTION I-COVERAGES , 2. Exclusions Item a. is amended as follows: a. Expected or Intended Injury - "bodily injury' or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury' or "property damage"resulting from the use of reasonable force to protect persons or property. I. PROPERTY PERILS LEGAL.UABIUTY A SECTION I - COVERAGES, COVERAGE A, 2. Exclusions, the last paragraph following exclusion q. is replaced with: Exclusion c. through n., do not apply to damage by fire, explosion, smoke, water damage, sprinkler leakage, or lightning to premises while rented to you or temporarily occupied by you GL-2784-TX(09/11) -2- with the permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III-UMTS OF INSURANCE . B. SECTION III-LIMUS OF INSURANCE , Item 6. is replaced with: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises Mile rented to you, or in the case of damages by fire, explosion, smoke, water damage, sprinkler leakage or lightning, while rented to you or temporarily occupied by you with the permission of the owner, arising out of any one fire, explosion, smoke, water damage, sprinkler leakage or lightning incident. The Damage to Premises Rented to You Limit provided by this policy shall be the greater of: 1. $300,000 or 2. The amount shown in the declarations. C. SECTION IV - CONNERCIAL GENERAL LIABILITY CONDMONS, Item 4.b.(1XaXii) is replaced with: (ii) That is fire, explosion, smoke, water damage, sprinkler leakage or lightning insurance for premises while rented to you or temporarily occupied by you with the permission of the owner. D. SECTION V-DEFINITIONS , Item 9.a. is replaced with: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, explosion, smoke, water damage, sprinkler leakage or lightning to premises while rented to you or temporarily occupied by you with the permission of the owner is not an"insured contract." J. BROADENED SUPPLEMENTARY PAYN EMM SECTION I - COVERAGES, SUPPLEIVE NARY PAYNENTS - Coverages A and B, Item 1.b. and l.d. are replaced with: 1.b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit," including actual loss of earnings up to$500 a day because of time off from work. GL-2784-TX(09/11) -3- BITCO GENERAL I NSURAN ORPORATION BITCO NATIONAL INSURANCE COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ rr CAREFULLY. BROADENED COVERAGE-AUTOMIOBI LES The following modifies insurance provided under: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. 1 - Broad Form Named Insured 10- Employee Hired Autos 2- Automatic Waiver of Subrogation 11 - Bodily Injury Extension 3- Automatic Additional Insured 12- Fired Auto Physical Damage 4- Primary and Noncontributory-Other Insurance 13- Enhanced Supplementary Payments Condition 5- Unintentional Failure to Disclose Hazards 14- Fellow Employee Coverage for Designated Positions 6- Extended Notice of Cancellation, Non-Renewal 15- Physical Damage—Transportation Expenses 7- When We Do Not Renew 16- Rental Reimbursement Coverage 8- Notice of Knowledge of Accident or Loss 17- Loan/Lease Gap Coverage 9- Employees as Insured 18- Accidental Air Bag Discharge Coverage 1. BROAD FORM NAMED INSURED SECTION II.A 1.-V+IO IS AN INSURED - Paragraph d. is added: d. Any organization you newly acquire or form, except for a partnership, joint venture or linited liability company, and over which you maintain majority ownership or interest (51%or more)or for Mich you have assumed the active management, will quality as a Named Insured if there is no other similar insurance available to that organization. However, coverage under this provision is only afforded until the end of the policy period or the 12-month anniversary of the policy inception date,whichever is earlier. 2. AUTOMATIC WAIVER OF SUBROGATION Section IV —Business Auto Conditions, Paragraph A5., Transfer of Rights of Recovery Against Others to Lis, is deleted and replaced with the following: a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. Al our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. b. If required by a written contract executed prior to loss, we waive any right of recovery we may have against any person or organization because of payments we make for damages under this coverage form. AP-0402(10/17) -1- 3. AUTOMATIC ADDITIONAL INSURED SECTION II — WHO IS AN INSURED, Paragraph A1, is amended to include as an "insured" any person or organization who is required by written contract or agreement to be an additional insured on your policy, but only with respect to liability arising out of operations performed by you or on your behalf for the additional insured. 4. PRIMARY AND NONCONTRIBUTORY-OTHER INSURANCE CONDITION The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the NWtor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an"insured" under your policy provided that: 1. Such"insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such"insured". 5. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 6. EXTENDED NOTICE OF CANCELLATION,NON-RENEWAL The COMM POLICY CONDITIONS , Item A2.b. is deleted and replaced with the following: A2.b. 60 days before the effective date of the cancellation if we cancel for any other reason. 7. WHEN WE DO NOT RENEW SECTION IV—BUSINESS AUTO CONDITIONS , is amended to add Item B.9.: a. If we choose to nonrenew this policy, we will mail or deliver to the first Named Insured shown in the Declarations wmitten notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a. above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwnse prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one-time sixty-day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a. above. 8. NOTICE OF KNOWLEDGE OF ACCIDENT OR LOSS SECTION IV-BUSINESS AUTO CONDITIONS , Item A2.a is deleted and replaced with the following: 2. Duties in the Event of Accident,Claim Suit or Loss: a. You must see to it that we are notified of an "accident", "claim", "suit" or "loss" which may result in a claim as soon as practicable after the "occurrence" has been reported to you, a partner, a member, an officer, or an employee designated to give notice to us. Notice should include: (1) How,when and where the"accident"or"loss"occurred; AP-0402(10/17) -2- (2) The"insureds"name and address;and (3) To the extent possible, the names and addresses of any injured persons and witnesses. 9. EMPLOYEES AS INSURED The following is added to the Section II - Covered Autos Liability Coverage, Paragraph Al. Who Is An Insured provision: Any"employee"of yours is an"insured"while using a covered'auto"you don't own, hire or borrow in your business or your personal affairs. 10. EMPLOYEE HI RED AUTOS A Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph 5.1f. of the Other Insurance-Primary And Excess Insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Fired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own: 1. Any covered"auto"you lease, hire, rent or borrow,and 2. Any covered "auto" hired or rented by your "employee" under a contract in an "employee's" name, with your permission, while performing duties related to the conduct of your business. However, any"auto"that is leased, hired, rented or borrowed with a driver is not a covered"auto". 11. BODILY INJURY EXTENSION SECTION V-DERNITIONS , Paragraph C. is deleted and replaced by the following: C. "Bodily injury' means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these, at any time. Mental anguish means any type of mental or emotional illness or disease. 12. HIRED AUTO PHYSICAL DAMAGE SECTION III.A4.-Coverage Extensions - Paragraph c. is added: C. Hired Auto Physical Damage If Comprehensive, Specified Causes of Loss or Collision coverage is provided under this policy, then Fred Auto Physical Damage is provided for that coverage part subject to the following: (1) The most we will pay for any one "accident" or "loss" under this Fred Auto Physical Damage Coverage is the lesser of: (a) The any one"Accident"or"Loss"amount of$100,000; AP-0402(10/17) -3- (b) The actual cash value; or (c) Cost of repair. Our obligation to pay for a loss in c.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. The deductible will be waived for"loss"caused by fire or lightning. (2) Subject to paragraph c.(1). above, we will provide coverage equal to the broadest physical damage coverage applicable to any covered'auto"shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired"auto" resulting from a covered"accident"or"loss",we will cover that financial loss subject to the limit specified in paragraph c.(1). 13. ENHANCED SUPPLEIVENTARY PAYMENTS SECTION II.A.2.a. COVERAGE EXTENSIONS, Supplementary Payments (2) and (4) are replaced by the following: 01 (2) Up to$2,500 for the cost of bail bonds (including bonds for related traffic laws violations) required because of an"accident"we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to$350 a day because of time off from work. 14. FELLOW EMPLOYEE COVERAGE FOR DESIGNATED POSITIONS The Fellow ErTooyee Exclusion contained in Section II.B.5. does not apply to the following positions or job titles: foreman,supervisor, manager, officer, partner or other senior level "employee". Coverage is excess over all other collectible insurance. 15. PHYSICAL DAMAGE-TRANSPORTATION EXPENSES SECTION III.A.4.a.Transportation Expenses , is replaced by the following: a. Transportation Expenses We will pay up to$50 per day to a maximum of$1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto". We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Cause of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policys expirations,when the covered'auto"is returned to use or we pay for its"loss". For autos provided with temporary transportation expense, the following physical damage coverage will apply: (1) The most we will pay for any one"accident"or"loss"under the temporary transportation expense physical damage coverage is the lessor of: (a) The any one"Accident"or"Loss"amount of$100,000; (b) The actual cash value;or (c) Cost of repair. Our obligation to pay for a loss in a.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned 'auto" for that coverage. The deductible will be waived for"loss"caused by fire or lightning. AP-0402(10/17) -4- (2) Subject to paragraph a.(1). above, we will provide coverage equal to the broadest physical damage coverage applicable to any covered"auto"shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", we will cover that financial loss subject to the limit specified in paragraph a.(1). 16. RENTAL REIMBURSEMENT COVERAGE SECTION III.A.4.-Coverage Extensions - Paragraph d. is added. d. If you carry Comprehensive, Specified Causes of Loss or Collision coverage for the damaged covered "auto" as provided under this policy, then Rental Reimbursement Coverage is provided for that coverage part subject to the following: 1. We will pay for rental reimbursement expenses incurred by you for the rental of an "auto" because of "loss" other than theft, to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto" No deductibles apply to this coverage. 2. We will only pay for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repair or replace the covered"auto"; or, (b) 30 days. (c) Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred; or (2) $50 per day. 17. LOAWLFASE GAP COVERAGE Physical Damage Coverage is amended by the addition of the following: In the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the time of the loss and the "outstanding balance"of the loan/lease, not to exceed$2,500 for any one vehicle or$25,000 annually in aggregate. For the purposes of this endorsement, "outstanding balance" means the amount you owe on the loan/lease at the time of loss less any amounts representing taxes, overdue payments, penalties, interest or charges resulting from overdue payments, additional mileage charges, excess wear and tear charges or lease termination fees, costs for extended warranties, credit Life Insurance; Health, Accident or Disability Insurance purchased with the loan or lease; and carry-over balances from previous loans or leases. 18. ACCIDENTAL AIR BAG DISCHARGE COVERAGE SECTION III.B.3.a-Exclusions .This exclusion does not apply to the accidental discharge of an air bag. AP-0402(10/17) -5- POLICY NUMBER CAP 3 759 533 CONNERaAL AUTO CA 04 44 10 13 THIS ENDORSEIVIEvf CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGAMON) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM 1Mth respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorserrent Effective Date: SCHEDULE —I Name(s)Of Persons)Or Organization(s): "Any person or organization for whom the named insured is operating under written contract when such contract requires a waiver of subrogation. " Information required to co fete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 44 10 13 ©Insurance Services Office, Inc.,2011 Page 1 of 1 POLICY NUMBER: CAP 3 759 533 SAL AUTO CA 20 48 10 13 THIS ENDORSEIVENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS UABI LJTY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRI ER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are"insureds"for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsem t Effective Date: SCHEDULE Name Of%wn(s)Or Organization(s): Any person or organization for whom the named insured has agreed by written "insured contract" to designate as an additional insured subject to all the provisions and limitations of this policy. Information required to co Tete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph Al. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section - Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 @1 nsuranoe Services Office, Inc.,2011 Page 1 of 1 XaSM e ta uu WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 6/22/25 at 12:01 a.m.standard time,forms a part of: Policy no.0001239145 of Texas Mutual Insurance Company effective on 6/22/25 Issued to: ROYAL VISTA INC P "46 This is not a bill Authorized representative NCCI Carrier Code: 29939 6/24/25 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 42 03 04 B TeXMMutuar WORKERS'COMPENSATION AND WC 00 03 01 EMPLOYERS LIABILITY POLICY Insured copy ALTERNATE EMPLOYER ENDORSEMENT This endorsement applies only with respect to bodily injury to your employees while in the course of special or temporary employment by the alternate employer in the state named in the Schedule. Part One (Workers Compensation Insurance) and Part Two (Employers Liability Insurance)will apply as though the alternate employer is insured. Under Part One(Workers Compensation Insurance)we will reimburse the alternate employer for the benefits required by the workers compensation law if we are not permitted to pay the benefits directly to the persons entitled to them. The insurance afforded by this endorsement is not intended to satisfy the alternate employer's duty to secure its obligations under the workers compensation law. We will not file evidence of this insurance on behalf of the alternate employer with any government agency. We will not ask any other insurer of the alternate employer to share with us a loss covered by this endorsement. Premium will be charged for your employees while in the course of special or temporary employment by the alternate employer. The policy may be canceled according to its terms without sending notice to the alternate employer. Part Four(Your Duties If Injury Occurs)applies to you and the alternate employer. The alternate employer will recognize our right to defend under Parts One and Two and our right to inspect under Part Six. Schedule State of special or Alternate employer Address temporary employment Any Special or Temporary Employer or VARIOUS LOCATIONS IN TEXAS TX Employees covered under this policy ONLY This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 6/22/25 at 12:01 a.m.standard time,forms a part of: Policy no.0001239145 of Texas Mutual Insurance Company effective on 6/22/25 Issued to: ROYAL VISTA INC "06 This is not a bill Authorized representative NCCI Carrier Code: 29939 6/24/25 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 00 03 01 TeXMMutuar WORKERS' COMPENSATION AND WC 42 06 01 EMPLOYERS LIABILITY POLICY Insured copy TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. In the event of cancellation or other material change of the policy,we will mail advance notice to the person or organization named in the Schedule. The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1. Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 6/22/25 at 12:01 a.m.standard time,forms a part of: Policy no.0001239145 of Texas Mutual Insurance Company effective on 6/22/25 Issued to: ROYAL VISTA INC 9,0D btu 044,4 This is not a bill Authorized representative NCCI Carrier Code: 29939 6/24/25 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 1 Fax(800)359-0650 WC 42 06 01 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): Haden Mattke, PE, CFM Firm: KPA Engineers Address: 800 South Austin Avenue City, State, Zip: Georgetown, TX 78626 Telephone: 512-819-9478 Facsimile: Email: hmattkendyaengineers.com 1.27 Owner's Representative: Add the following: Name: Kaitlyn Saucedo Title: Engineer-Associate Address: 3400 Sunrise Road City, State, Zip: Round Rock, TX 78665 Telephone: 512-401-8517 Facsimile: Email: ksaucedo(d4roundrocktexas.;?ov ARTICLE 6 -CONTRACTOR'S RESPONSIBILITIES 6.18 Liquidated Damages Add the following: 1. CONTRACTOR SHALL PAY LIQUIDATED DAMAGES IN THE AMOUNT OF one-thousand AND NO/100 DOLLARS $ 1,000.00 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 l 00800 10-2015 Supplemental General Conditions 00090669