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Contract - Austin Engineering - 9/12/2022
R-2022-211 PERFORMANCE BOND Bond No. 4454054 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Austin EngineeringCo., Inc. , of the City of Austin , County of Travis , 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 Eight hundred sixty-nine thousand four hundred twenty-eight Dollars ($ 869,428.00 } for the payment whereof, well and truly to be made the said Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns,jointly and severally, by these presents: WHEREAS, the Principal has entered into a certain written Agreement with the Owner dated the day of ,24 22 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: RileNeN Rd. Extension Railroad Culverts 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 per Form 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 (I2) 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 006104-2020 Perfnn»ance Bond 00443539 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,shah 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 $869,428.00 sum of this Performance Bond, plus all costs and expenses, including attorney's fees and expert and consultant fees incurred by Owner to enforce its rights under this Performance Bond. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this _ &+(q clay of , 20 22 . Austin Engineering Co., Inc. Suretec Insurance Company Prin 'pal. , J ■ Surety �_ >fJ�-� Brad Ballew Printed N Printed Name By. By: "Ti Title: Attorney-In-Fact .d s: P.O. Box 342349 Address: 2103 CityWest Boulevard,#1300 Austin,'fX 78734-2349 Houston, TX 77042 Resident Agent of Surety: Signature Ballew Surety Agency, Brad Ballew Printed Name 3802 Menchaca Road Street Address Austin,TX 78704-6734 City, State& Zip Code Page 2 00610 4-2020 Perrormanee Bond ©0443639 PAYMENT BOND Bond No.4454054 THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON § That Austin Engineering Co., Inc. ,of the City of_ Austin , County of Travis , and State of Texas , as Principal, and Suretec Insurance Com any 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 Eight hundred sixty-nine thousand four h_undred twenty-eight and 00/100's _ Dollars(S 869.428.00 )for the payment whereof, well and truly be made the said Principal and Surety bind themselves and their heirs, administrators, executors, successors, and assigns,jointly and severally, by these presents: WHEREAS,the Principal has entered into a certain written Agreement with the Owner, dated the day of , 20 22. to which Agreement is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein consisting of: McNeil Rd. Extension Railroad Culverts NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION 1S 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 DD62004.2020 Paynxnt 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 pians, specifications or drawings accompanying the same shall in anywise affect its obligation on this bond,and it does hereby waive notice of any such change,extension of time,alteration or addition to the terms of the contract,or to the work to be performed thereunder. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this Instrument this (-VA day of , 20 22. Austin EngineeringCo.,Inc. Suretec Insurance Company --------- Pr,n ,pal, Surety _ Brad Ballew Printed , Printed Name T' Title: Attorney-In-Fact A ss:1R.(0) Box 342349 Address: 2103 City West Boulevard,#1.'30! Aust.n,_TX 78734-2349 Houston,TX 77042 Resident Agent of Surety: Signature Ballew Sure Agency, Brad Ballew Printed Name 3802 Menchaca Road Street Address Austin TX 78704-6734 City, State& Zip Code Page 2 00620 1.2420 Payment Bond 00090656 PQAM 4221356 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS:That SureTec Insurance Company,a Corporation duty organlred and existing under the taws 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 Ill niai%and having its principal administrative office in Glen Allen,Virginia,does by these presents make,constitute and appoint: David 5-Ballew,Brad Ballow,Connie Davis,David Fernea Their true and lawful age nt(s)and attomeyls)-in-fact,each in their separate capacity If more than ane is named above,to make,execute,seat 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 0Oil DD Dollars($50,000,000-00) This Power of Attorney is granted and is signed and sealed under and by the authority of Che following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Market insurance Company 'RESOLVED,That the President,Senior Vice President,Vice President,Asslstaat Vice President,Secretary.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 a 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 Camp any,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 he hereunto affixed and these presents to be signed by their duly authorized officers on the loot day of Nor.mber •,.i, SureTec Insurance Company VRANO +sski]+ krryrr� Markel Insur�ce Lampany 105 .. .F �S "6;,4Ctic r By- -- im rk ,g SEAL = By: f r`�z• - ?MlichaeiC Keiniig President �� 1 �Y �larhl4!�' RoCirp Russo,Senior Vice President Commonwealth of Virginia County of Henrico 55: On this 18 L day of N;--tor, zoo A,D.,before me,a Notary P u b I c of the Co mmanweaItIt of Virginia,In and for the County of Henrico,duty commissioned and qualified,came THE ABOVE OFF ICF RS OF THE COMPANIES,to me pefsona•ty 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 Resotvtions adopted by the Board of Directors of said Companies referred to in the preceding instrument is now in force- 1 N TESTIMONY WHEREOF,I have hereunto s?t my hand,and affixed',rte'.5 Qhat I C C r faf Hen rica,the day and year first above written. cohmssION By n NW.4gFR C). ; Donna Don avant,Notary Public ' 70b36$ My commission expires 3!3117023 We,the undersigned Officers of SureTcc Insurance Company and Markerlrj fip�C�r �Yiy�!t +Herby certify that the prig+nal POWER OF ATTORNEY of which the foregoing is a full,true and correct copy is stfil in full force and effect and halhgt,4elgrj jVyot[b'd. IN WITNESS WHEREOF,we have hereunto set our hands.and affixed the Seals of said Companies,on the day of 2022 Sur ec Insur ce C pan Market Insurance Company`` M-$r t Seaty,Assistant Secreta Rkehard R.4 6nnan,Vice President aRil Secr act ry Any rostrum ant Issued in excret at the penally staled above is totally void and without ar,y va lidity-42213f6 for verification of the authority of this Power you may call 1713)812-0800 on any business day bR1ween 6:30 AM and 5!00 PM C$T- SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION 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 wnte to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 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. PG Box 149104 Austin,TX 78714-9104 FaxM 512-490-1007 Web: htti)://www.tdi.state.tx.us Email: ConsumerProlection@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. Texas Rider 06042045 i DATE tMMloorrrrYl � ��® CERTIFICATE OF LIABILITY INSURANCE F711f2Q22 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 INSURERS), 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 policles may require an endorsement. A statement on this certiflcate does not confer rights to the certificate holder In lieu of such endorsements), PRODUCER CONTACT Catto&Catto LLP NAME: Katie Hart 106 S. St. Mary's Street#800 [Arcc.N0.ExO:210-222-2161x222 _FAX No):210-222-1618 San Antonio TX 78205 EADURESS: Khan catto.com INSURERS AFFORDING COVERAGE NAICN INSURER A:FCC Insurance Com a ny 10178 INSURED 148 INSURER B:National Trust Ins.Co. 20141 Austin Engineering Company Inc. INSURER Texas Mutual Insurance Company 22945 P.O. Box 342349 -- Austin TX 7873.4-2349 1NSURER 0: INSURER E. INSURER F: COVERAGES CERTIFICATE NUMBER.245515881 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THF POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERT FICATE 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 L TYPE OF INSURANCE ADDSUER POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MWDDIYYYY MMfDDIYYYY B X COMMERCIAL GENERAL LIABILITY CPP100058380 7/1/2022 7112023 EACH OCCURRENCE 51,000,000 CLAIMS-MADE I X ]OCCUR PR A E_T6 a u rice $300,000 MED EXP An one person $.5000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL.AGGREGATE $2.000000 POLICYPeaCT LOC PRODUCTS COMPIOP AGG $2,000,000 OTHER: $ A AUTOMOBILE LIABILITY CA 100058351 77112022 71412023 COMB tIED SINGLE LIMIT 51 000 090 Ea den X ANY AUTO 8001LY INJURY(Per person) S OWNED SCHEDULED 800ILY INJURY(Par accident) $ AUTOS ONLY AUTOS X HIREDx NON-OWNED PROPERTY DAMAGE 5 AUTOS ONLY AUTOS ONLY Per accident A X UMBRELLA LIAS X OCCUR UMB1000S8362 ?1112022 11712023 EACH OCCURRENCE 55,000,000 EXCESS L1AS CLAIMS-MADE AGGREGATE $5000,000 DED RETENTION$ $ C WO RIS ERE C OM PENSATION 0002049383 71112022 71*12023 X I STATUTE CTH- AND EMPLOYERS'L1AaILIrY YIN ANYPROPRIETORIPARTNERI£1fECi -E ❑ E.L_EACH ACCIDENT $1,000,000 OFFICERIMEMBEREXCLUDED7 N NIA (Mandatory In NH) E.L DISEASE EA EMPLOYEE S1.000.000 If yes,describe under DESCRIPTION OFOPERAT(ONS below E.L DISEASE-POLICY LIMIT $1000.000 B LLmiledPollution- CPP10005a360 71tI2022 71IM23 Each Poll0onLimn $1,000,000 "Work Sites" Poqulidn Liah Ager $1,000,000 Property Damage Ded $10 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORO 161,Additional Remarks Schedule,may be atfached if more space Is required) Commercial General Liability Po11cy includes a blanket automatic additional insured endorsement that provides additional insured status only when there is a written contract requiring such status. Form CGL 121 0413-Additional Insured-Owners,Lessees or Contractors-Automatic Status When Required in Contract or Agreement-Ongoing Operations and Products-Completed Operations(Texas Limited Sole Negligence) Commercial General Liability Policy includes a primary and non-contributory provision only when there is a written contract that requires it. Form CG2001 0413-PrimaryiNon-Contributory Coverage When Required by Contract Commercial General Liability Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, City of Round Rock 221 East Main St. AUTHORIZED REPRESENTATIVE Round Rock TX 78664 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25[2018!03] The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 148 LOC#: AC"R" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 1%�, AGENCY NAMED INSURED Catto&Calto LLP Austin Engineering Company Inc. P.O.Box 342349 POLICY NUMBER Austin TX 78734-2349 CARRIER NAIL Ca DE EFFECTIVE DATE. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE contract that requires it.Form CG2404 0509-Waiver of Transfer of Rights of Recovery Against Others to Us Commercial General Liability Policy includes an endorsement providing 30 days'notice of cancellation to be fumished to the certificate holder except for 10 day notice of nonpayment of premium per Form IL060 0713, Bus ness Auto Policy includes a blanket automatic additional insured 1 nsurance that provides additional insured status including PrimarylNon-contributory Coverage when there is a written contract that requires such status. Form CAU042 01 15•Additional Insured lies gnated Person or Organization PrimarylNon-Contributory Coverage Business Auto Policy includes a blanket automatic waiver of subrogation endorsement that provides this feature only when there is a written contract that requires it. Form CA0444 1013-Waiver of Transfer of Rights of Recovery Against Others to Us(Waiver of Subrogation) Business Auto Policy includes an endorsement providing 30 days'notice of cancellation to be furnished to the Certificate except 10 day notice of nonpayment of premium where required by written cantact. Farm IL060 0713-Blanket Notification to Others of Cancellation Workers Corn pe nsation Policy includes a blanket automatic wa ver of subrogation endorsement that prov des this Feature anly when there is a written contract that requires it. Form WC420304 B-Texas Waiver of Our R ght to Recover from Others Endorsement. Workers Compensation Policy includes an endorsement providing 30 days'notice of cancellation to be furnished to the certificate holder except 10 day notice of nonpayment of premium where required by written contract. WC420601 Umbrella Liability Policy includes a blanket automatic additional nsured insurance that provides add tion aI insured status including PrimarylNon-contrib utory Cave rage when there is a written contract that requires such status. Form 179 0709-Additional Insured Prima rylNon Contributory Coverage Umbrella Liability Policy includes a blanket automatic waiver of subrag ation endorsement that provides this featu re only when there is a written contract that requires it. Form CU22820 0604-Waiver of Transfer of Rights of Recovery Against Others to Us Umbrella Liability Policy includes an endorsement providing 30 days'notice of cancellation to be furnished to the certificate except 10 day notice of nonpayment of premium where required by written contact. Form IL060 0713-Blanket Notification to Others of Cancellation Project:McNeil Rd.Extension Railroad Culverts AGORD 101 (2008101) D 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER CPP100058360 COMMERCIAL GENERAL LIABILITY CGL 121 (04 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS -- AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT - ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS (TEXAS LIMITED SOLE NEGLIGENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE OPTIONAL Name of Additional Insured Persons or Org anizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations (As per the written contract or agreement, provided the location is within the "coverage territory".) (Information required to complete this Schedule, if not shown above,will be shown in the Declarations.) A. Section II—Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured an your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1, above; and 3. The particular person or organization, if any,scheduled above. CGL 121 (04 13)lncludes copyrighted material of the Insurance Services Office, Inc.,with its permission Page 1 of 3 Copyright 2013 FCC Insurance Group. Insured Copy Such person{s} or organization(s) is an additional insured only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury"occurring after the execution of the contract or agreement described in Paragraph 1.above and caused,in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf-, in the performance of your ongoing operations for the additional insured; or c. "Your work" performed for the additional insured and included in the"products-completed operations hazard"if such coverage is specifically required in the written contract of agreement. With respect to liability of the additional insured for"bodily injury"of an employee or agent of a named insured or the employee of a named insured's subcontractor, coverage shall apply for the partial or sole negligence of the additional insured, but only if such coverage is specifically required in the written contract or agreement. However,the insurance afforded to such additional insured(s) described above: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; c. Will not be broader than that which is afforded to you under this policy; and d. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured 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 architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys,field orders,change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds,the following is added to Section III— Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement described in Paragraph A.t.; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown: in the Declarations. E. Section IV—Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence,Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: CGL 121 (04 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 3 Copyright 2013 FOCI insurance Group. Irmured Copy An additional insured under this endorsement must as soon as practicable: 1. Give us written notice of an"occurrence"or an offense which may result in a claim or"suit" under this insurance, and of any claim or"suit"that does result; 2. Send us copies of all legal papers received in connection with the claim or"suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit",and otherwise comply with all policy conditions; and 3. Tender the defense and indemnity of any claim or"suit"to any provider of other insurance which would cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit". F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CGL 121 (04 13) Includes copyrighted material of the Insurance Services Office, Inc.,with its pernvssion Page 3 of 3 Copyright 2013 FCCI Insurance Group Irmmed copy COMMERCIAL GENERAL LIABILITY CG 20 0104 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY ANIS NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insuranoe from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance;and CG 20 01 0413 (P Insurance Services Office, Inc., 2012 Page 1 of 1 u,sxea copy POLICY NUMBER: CPP 100058360 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: 11 persons or organizations that, in a written contract executed by both parties prior to the date of the accident or loss Covered by this policy, require you to obtain this waiver from us . Information re uired to complete this Schedule if not shown above will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person OF organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 45 89 Copyright, Insurance Services Office, Inc., 1952 Page 1 of 1 13 Ensured Copy I L 050(07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if helit does not receive notice per this endorsement. It 060(07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 Insured Copy POLICY NUMBER: CAI 00058361 COMMERCIAL AUTOMOBILE CAU 042(01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement is subject to the terms, conditions, exclusions and any other provisions of the BUSINESS AUTO COVERAGE FORM or any endorsement attached thereto unless changes or additions are indicated below. For the purpose of this endorsement, Section II. A. 1.Who is An Insured is amended by adding the following: 1. Any person or organization designated in the schedule below is an "insured"For Liability Coverage but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. 2. This insurance is primary and non-contributory to other coverages of the person or organization shown in the Schedule when so required in a written contract or agreement that is executed prior to the loss for which coverage is sought. SCHEDULE Name of Person or Organization: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and executed by you before the bodily injury or property damage occurs and that is in effect during the policy period. CAU042(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 1 of 1 Copyright 2013 FCCI Insurance Group. insured Copy POLICY NUMBER: cA100058361 COMMERCIAL AUTO CA 44441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With 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: Endorsement Effective date: SCHEDULE Name(s) Of Person(s) Or Organization(s): All persons or organizations that, in a written contract executed by both parties prior to the date of the accident or loss covered by this policy, require you to obtain this waiver from us. Information required to complete 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 14 13 Q Insurance Services Office, Inc., 2011 Page 1 of 1 Insured Copy IL 060 (07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if he/it does not receive notice per this endorsement. IL 060(07 13) Copyright 2013 FCCI Insurance Group. Page 1 of 1 Insured Copy COMMERCIAL LIABILITY UMBRELLA UMB 179(07 09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED PRIMARY t NON CONTRIBUTORY COVERAGE This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART The following replaces SECTION IV—CONDITIONS, Paragraph S. "Other Insurance" subsection a.: a. This insurance is excess over and shall not contribute with any of the other insurance, whether primary, excess, contingent or on any other basis. This condition will not apply to insurance specifically written as excess over this Coverage Part. The above will apply to additional insureds unless a written contract specifically requires that this insurance be primary and noncontributing as to the additional insured. The written contract must be currently in effect or become effective during the term of this policy and must be executed prior to the "bodily injury", "property damage" or"personal and advertising injury." When this insurance is excess,we will have no duty under Coverage A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. UMB 179(07 09) Includes copyrighted Materials of the Insurance Services Office, Inc with is permission. Page 1 of 1 Copyright 2009 FOCI Insurance Group. Insured Copy POLICY NUMBER:UMB 10 0 0 5 8 3 6 2 C OMMERC IAL LIABILITY UMBRELLA CU 22 82 06 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS WAIVER OF TRANSFER OF RIGHTS OF R EC GVERY AGA[N ST GTH ERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL LIABILITY UMBRELLA COVERAGE PART SCHEDULE Name Of Person Or Organization: All persons or organizations that, in a written contract executed by both parties prior to the date of the accident or loss covered by this policy, require you to obtain this waiver from us . Information required to complete this Schedule, if not shown above,will be shown in the Declarations. The Transfer Of Rights Of Recovery Aaainst Others To Us Condition under Section IV— Conditions is amended by the addition of the Following: Woe waive any right of recovery we rnay have against the person or organization shown in the Schedule above because of payments we make for "bodily injury"or "property damage"arising out of your ongoing operations or 'your work"done under a contract with that person or organization and included in the "products-completed op- erations hazard". This waiver apples only to the person or organization shown in the Schedule above. CU 22 82 06 04 9 ISO Properties, Inc., 2003 Page 1 of 1 ❑ Insuod Copy Texasmut.r WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent 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 711122 at 12:01 a.m.standard time,forms a part of: Policy no. 0002049383 of Texas Mutual Insurance Company effective on 711122 Issued to: AUSTIN ENGINEERING CO., INC This is not a bill Authorized representative NCCI Carrier Code: 29939 6!28122 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1 (800)859-5995 I Fax(800)359-0550 WC 42 03 04 B I L 060(07 13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET NOTIFICATION TO OTHERS OF CANCELLATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM BUSINESSOWNERS COVERAGE FORM COMMERCIAL CRIME COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL LIABILITY UMBRELLA COVERAGE FORM COMMERCIAL. OUTPUT POLICY COMMERCIAL PROPERTY COVERAGE PART FARM COVERAGE PART FARM UMBRELLA COVERAGE FORM GARAGE COVERAGE FORM LIQUOR LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART If we cancel this policy for any statutorily permitted reason other than nonpayment of premium we will mail notice of cancellation to any person or organization to whom you have agreed in a written contract that notice of cancellation of this policy will be given, but only if: 1. You send us a written request to provide such notice, including the name and address of such person or organization, after the first Named Insured shown in the Declarations receives notice from us of the cancellation of this policy; and, 2. We receive such written request at least 45 days before the effective date of cancellation. We will mail such notice at least 30 days before the effective date of the cancellation. Irrespective of any of the provisions above, nothing herein is intended to vest any right in the person or organization to be given notice, and said person or organization shall have no rights under this policy if helit does not receive notice per this endorsement. IL 060(07 13) Copyright 2013 FCCI Insurance Group. Page 1 of i mswed copy POLICY NUMBER: CPP100058360 COMMERCIAL GENERAL LIABILITY CGL 037(01 15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, LIMITED POLLUTION COVERAGE -- "WORK SITES" This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Each Pollution Incident Limit $1,000,000 Pollution Liability Aggregate Limit $1,000,000 Property Damage Deductible $10,000 Each Pollution Incident A. The following is added to Coverages (Section 1) Coverage D. Limited Pollution Coverage 1. Insuring Agreement a. We will pay those sums that the named insured becomes legally obligated to pay: 1) As compensatory damages because of: a) "Bodily injury"; or b) "Property damage"; or 2) As"clean up costs" because of"environmental damage"which directly results from physical injury to tangible property; to which this insurance applies. We will have the right and the duty to defend any"suit"seeking those damages. We may at our discretion investigate any"pollution incident"and settle any claim or"suit' that may result. But; 1) The amount we will pay for damages and "clean up costs" is limited as described in Section III— Limits of Insurance of this endorsement;and 2) our right and duty to defend end when we have used up the applicable limit of insurance in the Schedule above in the payment of judgments or settlements. No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Supplementary Payments. b. This insurance applies to "bodily injury", " property damage", and "environmental damage" only if: 1) The "bodily injury", "property damage", or"environmental damage" is solely caused by a"pollution incident'; a) on or from a"work site' in the "coverage territory"; and b) that begins and ends within 72 hours and c) is reported within 60 days of first notice to the insured of the "pollution incident"and d) that occurs during the policy period. c. Damages because of"bodily injury" include damages claimed by any person or organization for care, loss of services,or death resulting at any time from the "bodily injury". 2. Exclusions CGL 037(01 15) includes copyrighted material of the Insurance Services office, Inc with its permission. Page 1 of 7 Copyright 2015 FCC] Insurance Group. Insured Copy POLICY NUMBER, CPP 100058360. COMMERCIAL GENERAL LIABILITY CGL 037(01 15) The insurance provided by this endorsement does not apply to; a. 'Bodily injury","property damage", or"environmental damage" expected, intended or reasonably foreseeable from the standpoint of any insured. b. "Bodily injury","property damage", or"environmental damage" for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. c. Any obligation of the insured under a workers compensation, disability benefits or unemployment compensation law or any similar law. d. "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 o the insured's business; OF (2) The spouse, child, parent, brother or sister of that employee as a consequence of(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. e. "Property damage", or"environmental damage"to: 1) A"waste facility"; 2) Property you own, rent, or occupy now or at any other time, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; 3) Premises you sell, give away or abandon, if the"property damage"arises out of any part of those premises; 4) Property loaned to you; or 5) Personal property in the care, custody or control of an insured. f. "Clean up costs" or any other expense incurred by you or others to test for, monitor, clean up, remove, contain,treat, detoxify or neutralize"pollutants"on or at: 1) A"waste facility"; or 2) Premises you own, rent or occupy; or to any recovery claimed for such cost or expense. g. "Bodily injury,""property damage," "clean up costs"or"environmental damage" included within the "products-completed operations hazard." h. "Bodily injury","property damage",or"environmental damage"arising out of the ownership or operation of any offshore facility as defined in the Outer Continental Shelf Lands Act Amendment of 1978 or the Clean Water Act of 1977 as amended 1978 or any deepwater port as defined in the Deepwater Port Act of 1974 as amended or as may be amended. i. "Bodily injury."'property damage," or"environmental damage" arising out of a "pollution incident"on or from a"work site"or any part of a"work site"that is, or was at anytime, used by any insured for the storage,disposal, processing or treatment of waste materials. CGL 037(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 2 of 7 Copyright 2015 FOCI Insurance Group. msuwed Copy POLICY NUMBER: CPP 100058360. COMMERCIAL GENERAL LIABILITY CGL 037(01 15) j. "Bodily injury,""property damage,"or"environmental damage"arising out of the ownership, maintenance, use or entrustment to others of any aircraft, "auto," rolling stock or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and"loading or unloading." This exclusion does not apply to"bodily injury,""property damage,"or"environmental damage": 1) arising out of the operation of any of the equipment listed in paragraph f(2) or f(3) of the definition of"mobile equipment"(Section VA 2);or 2) during logging operations and arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of"mobile equipment"or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold,store or receive them. This exception does not apply if the "bodily injury","property damage"or"environmental damage" arises out of the intentional discharge,dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises,site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor. k. "Bodily injury","property damage",or"environmental damage"arising out of the emission,discharge, release or escape of drilling fluid, oil,gas or other fluids from any oil,gas, mineral, water or geothermal well. I. "Bodily injury',"property damage", or'environmental damage"arising out of a "pollution incident"which results from or is directly or indirectly attributable to failure to comply with any applicable statute, regulation,ordinance,directive or order relating to the protection of the environment and promulgated by an governmental body, provided that failure to comply is a willful or deliberate act or omission of: 1) An insured;or 2) You or any of your members, partners, executive officers or trustees. m. "Bodily injury", "property damage", or"environmental damage'arising out of acid rain, asbestos or lead. n. "Bodily injury", "property damage", or"environmental damage"arising out of the application or use of pesticides,fungicides or herbicides without the proper licenses or permits required for such application or use. o. "Bodily injury", "property damage", or"environmental damage"arising out of: 1) The transportation of"mobile equipment"by an "auto"owned or operated by or rented or loaned to any insured; or 2) The transportation of"mobile equipment"in,or while in practice or preparation for, a prearranged racing,speed or demolition contest or in any stunting activity. p. Any loss,cost or expense arising out of any request, demand or order by a governmental authority that any insured or others test for, monitor, clean up, remove, contain,treat,detoxify or neutralize, or in any way respond to, or assess the affects of"pollutants"at any site which is included or proposed for inclusion on a governmental authority's clean up priority list,such as but not limited to, USA/EPA's NPL listing. q. "Bodily injury,""property damage,"or"environmental damage": (1) With respect to which an "insured" under the policy is also an insured under a nuclear energy liability policy issued by Nuclear Energy Liability Insurance Association, Mutual Atomic Energy Liability Underwriters, Nuclear Insurance Association of Canada or any of their successors, or would be an insured under any such policy but for its termination upon exhaustion of its limit of liability; or (2) Resulting from the"hazardous properties"of"nuclear material"and with respect to which CGL 037(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 3 of 7 Copyright 2015 FCC insurance Group. Insured Copy POLICY NUMBER CPP100058360 COMMERCIAL GENERAL LIABILITY CGL 037(01 15) (a) any person or organization is required to maintain financial protection pursuant to the Atomic Energy Act of 1954, or any law amendatory thereof,or (b) the"insured" is, or had this policy not been issued would be, entitled to indemnity from the United States of America, or any agency thereof, under any agreement entered into by the United States of America, or any agency thereof,with any person or organization. (3) Resulting from"hazardous properties"of"nuclear material,"if: (a) The"nuclear material' (a) is at any"nuclear facility"owned by, or operated by or on behalf of,an "insured'; or (b) has been discharged or dispersed there from; (b) The"nuclear material" is contained in "spent fuel' or"waste" at any time possessed, handled, used, processed, stored, transported or disposed of, by or on behalf of an „insured";or (c) The"bodily injury"or"property damage"arises out of the furnishing by an"insured" of services, materials, parts or equipment in connection with the planning,construction, maintenance, operation or use of any"nuclear facility", but if such facility is located within the United States of America, its territories or possessions or Canada,this exclusion(3) applies only to "property damage"to such "nuclear facility"and any property thereat. As used in this exclusion: "Hazardous properties"includes radioactive,toxic or explosive properties. "Nuclear material" means"source material,""Special nuclear material,"or"by-product material." "Source material," "special nuclear material,"and"by-product material" have the meanings given them in the Atomic Energy Act of 1954 or in any law amendatory thereof. "Spent fuel"means any fuel element or fuel component, solid or liquid,which has been used or exposed to radiation in a "nuclear reactor "Waste"means any waste material (a) containing"by-product material' other than the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its"source material"content; and (b) resulting from the operation by any person or organization of any"nuclear Facility" included under the first two paragraphs of the definition of"nuclear facility". "Nuclear facility"means: (a) Any"nuclear reactor' (b) Any equipment or device designed or used for (1) separating the isotopes of uranium or plutonium; (2) processing or utilizing "spent fuel'; or (3) handling, processing or packaging "waste"; (c) Any equipment or device used for the processing, fabricating or alloying of"special nuclear material' if at any time the total amount of such material in the custody of the"insured"at the premises where such equipment or device is located consists of or contains more than 25 grams of plutonium or uranium 233 or any combination thereof, or more than 250 grams of uranium 235; (d) Any structure, basin, excavation, premises. or place prepared or used for the storage or disposal of"waste"; CGL 037(01 15) Includes copyrighted material of the Insurance Services Office_ Inc.,with its permission. Page 4 of 7 Copyright 2015 FCCI Insurance Group Insured Copy POLICY NUMBER:CPP100058360 COMMERCIAL GENERAL LIABILITY CGL 037(01 15) and Includes the site on which any of the foregoing is located, all operations conducted on such site and all premises used for such operations. "Nuclear reactor" means any apparatus designed or used to sustain nuclear fission in a self- supporting chain reaction or to contain a critical mass of fissionable material. "Property damage" includes all forms of radioactive contamination of property. r. "Bodily injury,"property damage,"or"environmental damage" caused or alleged to be caused by any additional insured or persontentity entitled to indemnity from the Named Insured, unless the liability of such additional insured or indemnitee is purely for vicarious liability for the negligent actions or omissions of the Named Insured. B. Supplementary Payments—Coverage A and B is amended to: Supplementary Payments—Coverages A,B and D. C. Section III—Limits of Insurance is amended as follows: 1. Paragraph 1. is replaced by the following: 1. The Limits of Insurance shown in the Declarations and this endorsement and the rules below fix the most we will pay regardless of the number of. a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing"suits". 2. Paragraph 2.is replaced by the following: 2. The General Aggregate Limit is the most we will pay for the sure of: a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of"bodily injury"or"property damage" included in the"products-completed operations hazard"; c. Damages under Coverage B;and d. Damages under Coverage D. 3, The following is added: 1. Subject to 2. above (the General Aggregate Limit)the Pollution Liability Aggregate Limit is the most we will pay for the sum of: a. All damages because of all"bodily injury"and "property damage"; and b. All"clean up costs"incurred because of all"environmental damage"; that result from all "pollution incidents". 2. Subject to 2.above (the General Aggregate Limit)and 3.above (the Pollution Liability Aggregate Limit)the Each Pollution Incident Limit is the most we will pay for: a. All damages because of all"bodily injury"and "property damage"; and b. All"cleanup costs" incurred because of all"environmental damage" arising from any one"pollution incident". DEDUCTIBLE 1. Our obligation under this endorsement to pay damages for"bodily injury," "property damage," or"clean up costs"on your behalf applies only to the amount of damages in excess of any deductible amount stated in the schedule of this endorsement as applicable to Each Pollution Incident. Neither the Each CGL 037(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 5 of 7 Copyright 2015 FOCI Insurance Group. Insured Copy r POLICY NUMBER CPP'I 0005$360 COMMERCIAL GENERAL LIABILITY CGL 037(01 15) Pollution Incident Limit nor the Pollution Liability Aggregate Limit will be reduced by the application of such deductible amount. 2. The terms of this insurance, including those with respect to: a. Our right and duty to defend any"suits"seeking those damages; and b. Your duties in the event of an "occurrence "claim", or"suit", apply irrespective of the application of the deductible amount. 3. 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. D. For purposes of coverages under this endorsement Section IV-Commercial General Liability Conditions are amended as follows: 1. Paragraph 2.a., Duties in the Event of Occurrence, Offense, Claim, or Suit, you much see to it that we are notified immediately of any "pollution incident"which may result in a claim. 2. Paragraph 4., Other Insurance, references to Coverages A or B are amended to read Coverages A, B, or D. E. The following definitions are added to Section V-Definitions. "Clean up costs" means expenses for testing for, monitoring, removal, detoxification, or neutralization of "pollutants." "Environmental damage" means the injurious presence of"Pollutants" in or upon land,the atmosphere, or any water course or body of water. "Pollution incident" means the actual emission, discharge, release, or escape of"pollutants" on or from a "work site," provided that such emission,discharge, release, or escape results in the injurious presence of "Pollutants"in or upon land,the atmosphere, interior of a building or any water course, body of water or ground water. A series of related emissions,discharges, releases, or escapes of pollutants will be deemed one pollution incident. "Waste facility" means any site to which waste from the operations of a"work site"is legally consigned for delivery or delivered for storage,disposal, processing or treatment, provided that such site: a. Is licensed by state or federal authority to perform such storage,disposal, processing or treatment; and b. Is not and never was owned by, rented or loaned to you. "Work site" means any premise, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf, are performing operations, including sites temporarily borrowed or rented in support of a singe worksite for storage of construction equipment. Worksite does not include any premises, site or locations which is or was at any time owned or occupied by or rented or loaned to any insured, except for the purpose of performing construction operations: "Waste facility" includes any part of a"waste facility" and any site or any part of any site that is or was, at any time, used by you or others for the disposal of waste materials other than sewage or silt. For purposes of the coverage extended by this endorsement,the definition for"Products-completed operations hazard"is replaced by the following: "Products completed operations hazard": a. Includes all"bodily injury,"property damage,"or"environmental damage" and "clean up costs"occurring away from premises you own or rent and arising out of"your product"or"your work"except: 1. Products that are still in your physical possession; or CGL 037(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 6 of 7 Copyright 2015 FCCI Insurance Group. In urod Copy POLICY NUMBER CPP100058360 COMMERCIAL GENERAL LIABILITY CGL 037(01 15) 2. Work that has not yet been completed or abandoned. However, "your work"will be deemed completed at the earliest of the following times: a. When all of the work called for in your contract has been completed. b. When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site. c. When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service, maintenance, correction, repair,or replacement, but which is otherwise complete,will be treated as completed. b. Does not include"bodily injury,""property damage,"environmental damage"and"clean up costs" arising out of: (1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the"loading or unloading"of that vehicle by any insured; (2) The existence of tools, uninstalled equipment,or abandoned or unused materials;or (3) Products or operations for which the classifications, listed in the Declarations or in a policy schedule, states that products-completed operations are subject to the General Aggregate Limit. CGL 037(01 15) Includes copyrighted material of the Insurance Services Office, Inc.,with its permission. Page 7 of 7 Copyright 2015 FCCI Insurance Group. Jmmxad Copy 00500 AGREEMENT City of hound Rock Texas Contract Forms Standard Forth of Agreement: Section 00540 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor r AGREEMENT made as of the T _ _ _ j4day of ,�Y __ in the year 202-2— BETWEEN the Owner: City of Round Rock,Texas(hereafter"Owner"or"City") 221 East Main Street Round Rock,Texas 78664 and the Contractor Austin Engineering Co., Inc. ("Contractor"} P.O. Box 342349 Austin,TX 78734 The Project is described as: McNeil Rd. Extension Railroad Culverts The Engineer is: ATKINS 11801 Domain Blvd. Ste 500 _ Austin,TX 78758 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged.Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist ofthis Agreement,Conditions of the Contract(General,Supplementary and other Conditions),Drawings,Specifications, Addenda issued prior to execution of this Agreement,other documents listed in this Agreement and Modifications issued after execution of this Agreement;these form the Contract,and are as fully a part of the Contract as if attached to this Agreement or repeated herein.The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations,representations or agreements, either written or oral.An enumeration of the Contract Documents,other than Modifications,appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents,except to the extent specifically indicated in the Contract Documents to be the responsibility of others. OU500 4-2020 Page l of 5 5landard Form of Agreement 00443647 ARTICLE 3 DATE OF COMMENCEMENT; DATE OF SUBSTANTIAL COMPLETION; DATE OF FINAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a Notice to Proceed issued by Owner. 3.2 The Contract Time shall be measured from the date delineated in the Notice to Proceed. 3.3 Contractor shall commence Work within ten ( 10 ) calendar days from the date delineated in the Notice to Proceed. 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than N/A N( IA )calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than forty-five 45 )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 six hundred and ten_ and No/l00 Dollars($ 610.00 ) for each calendar day that Substantial Completion is delayed after the date(s) specified for Substantial Completion. It is hereby agreed that the liquidated damages to which Owner is entitled hereunder are a reasonable forecast of just compensation for the harm that would be caused by Contractor's failure to achieve Substantial Completion of the Work(or any portion thereof)on or before the date(s)specified for Substantial Completion in the Agreement and is not a penalty. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas,provision of alternative storage facilities and rescheduling of moving and occupancy dates,is one that is incapable or very difficult of accurate estimation. It is hereby agreed that if Substantial Completion of the Work(or any portion thereof) is not achieved on or before thirty(30)days after the dates) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than sixt+y QkQ )calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor the Contract Sum in current funds for Contractor's full and complete performance of the Work and all of Contractor's obligations under this Agreement. The Conti-act Sum shall be Eight hundred sixty-nine thousand four hundred twenty-eigbi dollars and,zero cents ($869,428.00 _ ],subject to additions and deductions as provided in the Contract Documents. 4.2 Does the Contract Sum include alternates which are described in the Bid Form? Nn X Yes !f yes,please provide details below: 00500 4-2024 Page 2 of 5 Standard Form of Agreement MA43647 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.11.1 [cased upon Applications for Payment submitted to Engineer and Owner by Contractor,and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender,Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (14th) day of a month, Owner shall make payment to Contractor of amounts approved by the Owner not later than the tenth(14th)day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above,payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. The Owner shall not have any obligation to pay any amount covered by the Engineer's Certificate for Payment that is disputed by the Owner. 5.1.4 Each Application for Payment shall be based on the most recent schedule of values submitted by Contractor in accordance with the Contract Documents,The schedule of values shall allocate the entire Contract Sum among the various portions of the Work.The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as Engineer and Owner may require.This schedule,unless objected to by Engineer or Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.5 Applications for Payment shall warrant the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as provided in Article 14 of the General Conditions. 5.1.7 Except with Owner's prior written approval, Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2 FINAL PAYMENT 5.2.1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by Owner to Contractor when: 1 Contractor has fully performed the Contract except for Contractor's responsibility to correct Work, and to satisfy other requirements,if any,which extend beyond final payment;and .2 a final Certificate for Payment has been issued by Engineer and approved by the Owner. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty(30) days after al l Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment shall be treated as non-conforming Work and shall be corrected by Contractor prior to final payment,and shall not be treated as warranty items. ARTICLE 6 TERMINATION OR SUSPENSION 6.1 The Contract may be terminated by Owner or Contractor as provided in Article 15 of the General Conditions. 00500 4-2020 Page 3 of 5 Standard Form of Agreement 00443647 6.2 The Work may be suspended by Owner as provided in Article 15 of the General Conditions. ARTICLE 7 ENUMERATION OF CONTRACT DOCUMENTS 7.1 The Contract Documents,except for Modifications issued after execution of this Agreement,are enumerated as follows: 7.1.1 The Agreement is this executed version of the City of Round Rock, 'Texas Standard Form of Agreement between Owner and Contractor,as modified. 7.1.2 The General Conditions are the "City of Round Rock Contract Forms 00700," General Conditions, as modified. 7.1.3 The Supplementary,Special,and other Conditions of the Contract are those contained in the Project Manual dated March I022 7.1.4 The Specifications are those contained in the Project Manual dated March 2022 7.1.5 The Drawings,if any,are those contained in the Project Manual dated March 2022 7.1.6 The Insurance&Construction Bond Forms of the Contract are those contained in the Project Manual dated March I022 7.1.7 The Notice to Bidders,Instructions to Bidders,Bid Form,and Addenda,if any,are those contained in the Project Manual dated March 2022 7.1.8 If this Agreement covers construction 'involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 031700,"Federally Required Contract Clauses,as modified, 7.1.9 Other documents, if any, forming part of the Contract Documents are as follows: 3137-26 Work flan Form,3137A3 Work Plan Form ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of any document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Owner's representative is: Bill Stablein,Proiect Manager City of Round Rock Transportation Department (512)218-3237 bstable i n(az.roundrocktexas.),ov 8.3 Contractor's representative is: Austin Keller akeller&aecoi,net 512.327.1464 -- 8.4 Neither Owner's nor Contractor's representative shall be changed without ten(10)days'written notice to the other party. 00500 4-2020 Page 4 of 5 Standard Form of Agreement 00443647 r 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor,subject to proper additions and deductions,all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner,both parties hereto expressly agree and assent that,in the event of any dispute over its meaning or application,this Agreement shall be interpreted reasonably and fairly,and neither more strongly For nor against either party. 8.8 This Agreement shall be enforceable in Round Rock,Texas,and if legal action is necessary by either parry with respect to the enforcement of any or all of the terms or conditions herein,exclusive venue for same shall lie in Williamson County,Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding,including without limitation,any proceeding under the Federal Arbitration Act(9 USC Section 1-14)or any applicable state arbitration statute. 8.110 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least two(2) original copies,o(which one is to be delivered to Owner. OWNER CONTRACTOR CITY FRO R CIC,TEXAS AUSTIN ENGINEERING CO.,INC. Printed Name: _� e sme: Travis W.Keller 1 itle Title. Vice President Date Signed: Date Signed: July 1,2022 ATTEST: City Clerk FOR CITY, APPROVED AS TO FORM: AU ey 00500 4-2021) Page 5 of 5 Standard I arm of Agreement 00443647