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R-2014-1329 - 4/24/2014RESOLUTION NO. R-2014-1329 WHEREAS, the City of Round Rock has duly advertised for bids for the Red Bud Lane at Forest Creek Drive, Southbound Right Turn Lane Project, and WHEREAS, while only one bid was received from Patin Construction, LLC, the City Council has determined that the bid is acceptable, and WHEREAS, the City Council wishes to accept the bid of Patin Construction, LLC, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a contract with Patin Construction, LLC for the Red Bud Lane at Forest Creek Drive, Southbound Right Turn Lane Project. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 24th day of April, 2014. ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk 0112/1404,00296598 March 25, 2014 Mr. Gary Hudder Director of Transportation City of Round Rock 2008 Enterprise Dr Round Rock, TX 78664 WAELTZ & PRETE, INC. CIVIL ENGINEERS Re: Red Bud Lane at Forest Creek Drive, Southbound Right Turn Lane Engineer's Letter of Recommendation Dear Mr. Hudder, As you are aware, bids were received on March 18, 2014 for the above referenced project. A total of one (1) bid was received, with Patin Construction, LLC of Taylor, Texas submitting the lowest bid in the amount of $165,696.00. Patin Construction, LLC has completed and are currently working on many public works projects in the City of Round Rock area. Based upon our personal knowledge, past performance, and submission of the lowest and best bid, we recommend award to Patin Construction, LLC in the amount of $165,696.00 If you have any questions or comments regarding this matter, please do not hesitate to call. Sincerely, Antonio A. Prete, P.E., CFM, CPESC, LEED GA Principal 3000 JOE DIMAGGIO BLVD, SUITE #72, ROUND ROCK, TEXAS 78665 (512) 505 - 8953 (FIRM Tx REG. # F-10308) Project: Red Bud Lane at Forest Creek Drive, Southbound Right Turn Lane Description: Utility Improvements Owner: City of Round Rock Job Number: 010-007 Bld Date: March 18, 2014 Project Location: Round Rock, Williamson County, Texas BID TAB Patin Construction Addendum X Bid S d X Safety Exp X Bid Item Quantity Unit Unit Price Cost 1 Total Mobilization Payment, Complete in place 1 LS $ 12,000.00 S 12,000.00 2 Capital Improvement Sign, Complete in place 2 EA $ 1,000.00 S 2,000.00 3 Traffic Control, Complete 1,1 place 4 MO $ 1,500.00 $ 6,000.00 4 Stabilized Constuction Entrance, Complete in place 1 EA S 1,200.00 S 1,200.00 5 Silt Fence for Erosion Control, Complete In place 90 LF $ 5.00 $ 450.00 6 Rock Berm, Complete in place 20 LF S 60.00 $ 1,200.00 7 Protective Tree Fencing, Type A Chain 433 EA S 5.00 S 2,165.00 Link, Complete in place 8 inlet Protection, Complete in place 3 EA $ 75.00 S 225.00 9 Erosion Blanket, Complete in place 264 SY $ 10.00 $ 2,640.00 10 Non -Native Seeding for Erosion 1 SY S 5,000.00 $ 5,000.00 Control, Complete in place 11 Unclassified Street Excavation, Complete in place 1 LS S 12,000.00 S 12,000.00 12 8" HMAC Base Course (Type 8), Complete in place 267 TON S 180.00 S 48,060.00 13 2" HMAC Surface Course (Type C), Complete In place 52 TON S 270.00 S 14,040.00 14 4" Top Soli, Complete in place 30 CY S 25.00 $ 750.00 15 P.C. Concrete Curb and Gutter, (Method A), Complete in place 118 LF S 40.00 $ 4,720.00 16 P.C. Concrete Curb and Gutter (18"), (Method A), Complete in place 111 LF $ 30.00 $ 3,330.00 17 P.C. Concrete Curb and Gutter (24"), (Method A), Complete in place 88 LF S 35.00 $ 3,080.00 18 P.C. Concrete Sidewalk, (4" Thick), Complete in place 791 SF S 10.00 $ 7,910.00 WAELTZ & PRETE, INC. CIVIL ENGINEERS 3:*3 )C. C i -':r,1 o Lai J z72 Frx< uc<x .x :eaas F41,5174 FT,S.'�..1 t'C0..1 IA R- 11)3._e Project: Red Bud Lane at Forest Creek Drive, Southbound Right Turn Lane Description: Utility Improvements Owner: City of Round Rock Job Number: 010-007 Bid Date: March 18, 2014 Project Location: Round Rock, Williamson County, Texas BID TAB Patin Construciton Addendum x Bid Bond X Safety Exp X Bid Item Quantity Unit Unit Price Cost 19 P.C. Concrete Curb Ramp, (Type 5), Complete in place 2 EA 5 1,800.00 $ 3,600.00 20 P.C. Concrete Curb Ramp, (Type 21), Complete In place 1 EA $ 1,800.00 S 1,800.00 21 Pipe, 18" RCP CL III, including excavation, backfill, and all appurtenances, Complete in place 46 LF $ 200.00 S 9,200.00 22 P.C. Concrete Set (3:1), Complete in place 2 EA $ 2,000.00 S 4,000.00 23 Rock Rip -Rap (D50 = 12"), Complete in place 3 CY S 300.00 $ 900.00 24 Pull Box Adjustments to Finish Grade 2 EA $ 800.00 S 1,600.00 (All Types), Complete inplace 25 Traffic Signs, including all appurtenances, Complete in place 3 EA $ 500.00 5 1,500.00 26 Removal of Existing Pavement 1 LS $ 5,200.00 $ 5,200.00 Markings, Complete in place 27 Thermoplastic Stripe, (WHT)(SLD)(4"), Complete in place 222 LF $ 2.00 $ 444.00 28 Thermoplastic Stripe, (YLXSLDX4"), Complete in place 800 LF S 2.00 $ 1,600.00 29 Thermoplastic Stripe, (WHT)(SLD)(8"), Complete in place 564 LF $ 3.00 5 1,692.00 30 Thermoplastic Stripe, (WHT)(SLDX12"), Complete in place 596 LF $ 5.00 $ 2,980.00 31 Thermoplastic Stripe, (WHT)(SLDX24"), Complete in place 151 LF $ 10.00 $ 1,510.00 32 Thermoplastic Arrow, (WHTXSLD), Complete in place 6 EA $ 400.00 $ 2,400.00 33 Thermoplastic Word, (WHTXSLD), Complete in place 1 EA $ 500.00 $ 500.00 Total BASE Bid Amount $ 165,696.00 (Base Bid Items 1 thru 33) WAELTZ & PRETE. INC. CIVIL -ENGINEERS Fxa.; 1:4-, rikt FAC: x ta.2,, EXECUTED DOCUMENT FOLLOW City of Round Rock, Texas Contract Forms Standard Form of Agreement: Section 00500 City of Round Rock, Texas Standard Form of Agreement between Owner and Contractor AGREEMENT made as of the ?-4d y of 46 in the year 20 it BETWEEN the Owner: City of Round Rock, Texas (hereafter "Owner" or "City") 221 East Main Street Round Rock, Texas 78664 and the Contractor The Project is described as: Red Bud Lane At Forest Creek Drive, Pa/ -74 6a5ftitc /7 tid / Ay/O,— -7x&•C Southbound Right Turn Lane (.LCA("Contractor") The Engineer is: Waeltz & Prete, Inc Antonio A. Prete, P.E. 3000 Joe DiMaggio Blvd. #72 Round Rock, Texas 78665 For and in consideration of the mutual terms, conditions and covenants of this Agreement and all accompanying documents between Owner and Contractor, the receipt and sufficiency of which are hereby acknowledged, Owner and Contractor agree as follows: ARTICLE I THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement; these form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 7. ARTICLE 2 THE WORK OF THIS CONTRACT Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. 00500 8-2012 Page 1 of 5 Standard Form of Agreement 00196575 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 from the date delineated in the Notice to Proceed. (10 ) calendar days 3.4 Contractor shall achieve Substantial Completion of the items of Work listed on Attachment A to this Agreement no later than Ninty (90 ) calendar days from issuance by Owner of Notice to Proceed, and Contractor shall achieve Substantial Completion of the entire Work no later than Ninty (90 ) 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 Five Hundred and No/100 Dollars ($ 500.00 ) 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. It is agreed that the harm that would be caused by such failure, which includes loss of expected use of the Project areas, provision of alternative storage facilities and rescheduling of moving and occupancy dates, is one that is incapable or very difficult of accurate estimation. It is hereby agreed that if Substantial Completion of the Work (or any portion thereof) is not achieved on or before thirty (30) days after the date(s) specified for Substantial Completion in the Agreement, the Owner shall have the option to either collect liquidated damages as set forth herein or to thereafter rely on its remedies under the Contract Documents and at law and in equity, including without limitation, the recovery of actual damages. The date(s) specified for Substantial Completion of the Work (or any portion thereof) in the Agreement shall be subject to adjustment as provided in the Contract Documents. 3.6 Contractor shall achieve Final Completion of the entire Work no later than One Hundred and Twenty (120 ) calendar days from issuance by Owner of Notice to Proceed. ARTICLE 4 CONTRACT SUM 4.1 Owner shall pay Contractor e Con act Su in current fu ds Contr. or's performance of the C ntract. The C�o ract Sums, all be C c.G yt tt,1/t�(NYl� IL/lir �J -P< an f'I �c%vLt s ($ , ' ' , subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates which are described in the Contract Documents and are hereby accepted by Owner: Not Applicable Page 2 of 5 ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS 5.1.1 Based upon Applications for Payment submitted to Engineer and Owner by Contractor, and Certificates for Payment issued by Engineer and not disputed by Owner and/or Owner's lender, Owner shall make progress payments on account of the Contract Sum to Contractor as provided below, in Article 14 of the City of Round Rock General Conditions, and elsewhere in the Contract Documents. 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.3 Provided that an Application for Payment is received by Engineer and Owner, and Engineer issues a Certificate of Payment not later than the tenth (10th) day of a month, Owner shall make payment to Contractor not later than the tenth (10th) day of the next month. If an Application for Payment is received by Engineer and Owner after the application date fixed above, payment shall be made by Owner not later than one month after the Engineer issues a Certificate for Payment. 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 City of Round Rock 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. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the issuance of Engineer's final Certificate for Payment. In no event shall final payment be required to be made prior to thirty (30) days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to fmal 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 City of Round Rock General Conditions. Page 3 of 5 6.2 The Work may be suspended by Owner as provided in Article 15 of the City of Round Rock 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 February 2014 7.1.4 The Specifications are those contained in the Project Manual dated February 2014 7.1.5 The Drawings, if any, are those contained in the Project Manual dated February 2014 7.1.6 The Insurance & Construction Bond Forms of the Contract are those contained in the Project Manual dated February 2014 7.1.7 The Notice to Bidders, Instructions to Bidders, Bid Form, and Addenda, if any, are those contained in the Project Manual dated February 2014 7.1.8 If this Agreement covers construction involving federal funds, thereby requiring inclusion of mandated contract clauses, such federally required clauses are those contained in the "City of Round Rock Contract Forms 03000," Federally Required Contract Clauses, as modified. 7.1.9 Other documents, if any, forming part of the Contract Documents are as follows: 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: Leah Coffman, P.E., Project Manager City of Round Rock 2008 Enterprise Dr. Round Rock, Teas 78664 8.3 Contractor's representative is: J I il') n n al 8.4 Neither Owner's nor Contractor's representative shall be changed without ten (10) days' written notice to the other party. 8.5 Waiver of any breach of this Agreement shall not constitute waiver of any subsequent breach. Page 4 of 5 8.6 Owner agrees to pay Contractor from available funds for satisfactory performance of this Agreement in accordance with the bid or proposal submitted therefor, subject to proper additions and deductions, all as provided in the General Conditions, Supplemental Conditions, and Special Conditions of this Agreement, and Owner agrees to make payments on account thereof as provided therein. Lack of funds shall render this Agreement null and void to the extent funds are not available. This Agreement is a commitment of City of Round Rock's current revenues only. 8.7 Although this Agreement is drawn by Owner, both parties hereto expressly agree and assert that, in the event of any dispute over its meaning or application, this Agreement shall be interpreted reasonably and fairly, and neither more strongly for nor against either party. 8.8 This Agreement shall be enforceable in Round Rock, Texas, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for same shall lie in Williamson County, Texas. This Agreement shall be governed by and construed in accordance with the laws and court decisions of the State of Texas. 8.9 Both parties hereby expressly agree that no claims or disputes between the parties arising out of or relating to this Agreement or a breach thereof shall be decided by an arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. 8.10 The parties, by execution of this Agreement, bind themselves, their heirs, successors, assigns, and legal representatives for the full and faithful performance of the terms and provisions hereof. This Agreement is entered into as of the day and year first written above and is executed in at least three (3) original copies, of which one is to be delivered to Contractor, one to Engineer for use in the administration of the Contract, and the remainder to Owner. OWNER CITY XAS Printed Name: Akin 10° Title 1 V I Ci Date Signed: ' .24. ' l ATTEST: 6trnAA— '17tet City Clerk FOR C 1 ' , APPR(JVED A,S TO FORM: •IFI[ Page 5 of 5 00600 INSURANCE AND CONSTRUCTION BOND FORMS BONDS AND INSURANCE INSTRUCTIONS Instruction Sheet 1. Insurance Company must be licensed by State of Texas. 2. Agent signing bonds must be licensed in Texas. 3. Agent signing bonds must have Power of Attorney on behalf of insurance company. 4. If Agent signing bonds has Power of Attorney, but not licensed in Texas, then the bond must be counter -signed by Texas local recording agent. ALL THE ABOVE INFORMATION CAN BE FOUND AT Texas Department of Insurance website —www.tdi.state.tx.us 5. Make sure the dollar amount on both Performance and Payment Bonds match the amount of the Agreement & Bid Form Sheet. 6. Both Performance and Payment Bonds should be signed by Authorized Person. If the contractor is a corporation, then it should be signed by the President or the Vice -President. If the contractor is not incorporated, then it may be signed by the Owner. Please state the title of the authorized person. THE STATE OF TEXAS COUNTY OF WILLIAMSON PERFORMANCE BOND BOND NO.: 70107678 § KNOW ALL BY THESE PRESENTS: That Patin Construction, LLC of the City of Taylor , County of Williamson , and State of Texas , as Principal, and The Guarantee Company of North America USA 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 Hundred Sixty Five Thousand Six Hundred Ninety Six Dollars and No Cents Dollars ($ 165,696.00 ) 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 ?L�•'�- day of .6/1 L , 201116 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: Red Bud Lane At Forest Creek Drive, Southbound Right Turn Lane 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 7-2009 00090656 Performance Bond PERFORMANCE BOND (continued) Surety, for value received, stipulates and agrees that no change, extension of time, alteration or addition to the term 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. IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 9th day of April , 20 14 . Patin Construction, LLC Principal Printed Name By: / Title: /. s•t, —;,` Address: 3800 West 2nd Street Taylor, TX 76574 Resident Agent of Surety: Signature Robert James Nitsche Printed Name 143 E. Austin Street Address Giddings, TX 78942 City, State & Zip Code 00610 7-2009 00090656 The Guarantee Company of North America USA Surety Kenneth Nitsche Printed Name By: Title: A Addres-: 12600 Northborough, Suite 190 -In-Fact Page 2 Houston, TX 77067 Performance Bond PAYMENT BOND BOND NO.: 70107678 THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That Patin Construction, LLC , of the City of Taylor , County of Williamson , and State of Texas as Principal, and The Guarantee Company of North America authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held USA and firmly bound unto THE, CITY OF ROUND ROCK, (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 Hundred Sixty Five Thousand Six Hundred Ninety Six Dollars and No Cents Dollars ($ 165,696.00 ) 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 2-�[ -03.- day of kpr'T t.- , 20111—,75" 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: Red Bud Lane At Forest Creek Drive, Southbound Right Turn Lane 'rVie 01 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 7-2009 00090656 Payment Bond 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 it's 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 9th day of April , 20 14 . Patin Construction, T,I.0 Prince 6fr% [ 4 76.7 Printed Name By: Title: pe Address: 3800 West 2nd Street Taylor, TX 76574 Resident Agent of Surety: Signature Robert James Nitsche Printed Name 143 E. Austin Street Address Giddings, TX 78942 00620 7-2009 00090656 The Guarantee Company of North America USA Surety Kenneth Nitsche Printed Name By: � Title:%Attorney-In-Fact Address: 12600 Northborough, Suite 190 Page 2 Houston, TX 77067 Payment Bond THE GUARANTEE COMPANY OF NORTH AMERICA USA Southfield, Michigan POWER OF ATTORNEY KNOW ALL BY THESE PRESENTS: That THE GUARANTEE COMPANY OF NORTH AMERICA USA, a corporation organized and existing under the laws of the State of Michigan, having its principal office in Southfield, Michigan, does hereby constitute and appoint Robert James Nitsche, Robert K Nitsche, David P. Ferguson, Violet Frosch, Nina K. Smith, Craig Parker, Kenneth Nitsche Nitsche & Ferguson/Insurance Network its true and lawful attomey(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise. The execution of such instrument(s) in pursuance of these presents, shall be as binding upon THE GUARANTEE COMPANY OF NORTH AMERICA USA as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at the principal office. The Power of Attorney is executed and may be certified so, and may be revoked, pursuant to and by authority of Article IX, Section 9.03 of the By -Laws adopted by the Board of Directors of THE GUARANTEE COMPANY OF NORTH AMERICA USA at a meeting held on the 318` day of December, 2003. The President, or any Vice President, acting with any Secretary or Assistant Secretary, shall have power and authority: 1. To appoint Attorney(s)-in-fact, and to authorize them to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof; and 2. To revoke, at any time, any such Attomey-in-fact and revoke the authority given, except as provided below 3. In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and authority hereby given to the Attomey-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. 4. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner — Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. Further, this Power of Attomey is signed and sealed by facsimile pursuant to resolution of the Board of Directors of the Company adopted at a meeting duly called and held on the 6th day of December 2011, of which the following is a true excerpt: RESOLVED that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any Power of Attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, contracts of indemnity and other writings obligatory in the nature thereof, and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, THE GUARANTEE COMPANY OF NORTH AMERICA USA has caused this instrument to be signed and its corporate seal to be affixed by its authorized officer, this 23rd day of February, 2012. THE GUARANTEE COMPANY OF NORTH AMERICA USA STATE OF MICHIGAN County of Oakland Stephen C. Ruschak, Vice President Randall Musselman, Secretary On this 23rd day of February, 2012 before me came the individuals who executed the preceding instrument, to me personally known, and being by me duly sworn, said that each is the herein described and authorized officer of The Guarantee Company of North America USA; that the seal affixed to said instrument is the Corporate Seal of said Company; that the Corporate Seal and each signature were duly affixed by order of the Board of Directors of Cynthia A. Takai Notary Public, State of Michigan County of Oakland My Commission Expires February 27, 2018 Acting in Oakland County IN WITNESS WHEREOF, I have hereunto set my hand at The Guarantee Company of North America USA offices the day and year above written. I, Randall Musselman, Secretary of THE GUARANTEE COMPANY OF NORTH AMERICA USA, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey executed by THE GUARANTEE COMPANY OF NORTH AMERICA USA, which is still in full force and effect. * IN WITNESS WHEREOF, I have thereunto set my hand and attached the seal of said Company this 9th day of April , 2014 Randall Musselman, Secretary GUARANTEE The Guarantee Company of North America USA One Towne Square, Suite 1470 Southfield, Michigan 48076 Phone: 248-281-0281 Fax: 248-750-0431 Texas Consumer Notice 1 IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact your agent at: 3 You may call The Guarantee Company of North America USA's toll-free telephone number for information or to make a complaint at: 1-866-328-0567 4 You may also write to The Guarantee Company of North America USA at: One Towne Square, Suite 1470 Southfield, Michigan 48076 Web: www.qcna.com E-mail: Info@gcna.com Fax: 248-750-0431 5 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-91 04 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx. us 7 PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the (agent) (company) (agent or the company) first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8 ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una q ueja: Puede comunicarse con su agent al Usted puede Ilamar al numero de telefono gratis de The Guarantee Company of North America USA's para informacion o para someter una queja al: 1-866-328-0567 Usted tambien puede escribir a to The Guarantee Company of North America USA: One Towne Square, Suite 1470 Southfield, Michigan 48076 Web: www.qcna.com E-mail: Info@gcna.com Fax: 248-750-0431 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos o quejas al: 1 - 800-252-3439 Puede escribir al Departamento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-91 04 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx. us DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el (agente) (la compania) (agente o la compania) primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TD I). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adj unto. CS0083 Texas Consumer Notice 07/12/12 1 1 1 1 1 Client#: 46421 PATINCON ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 4/09/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 Insurance Network of Texas 143 East Austin Giddings, TX 78942-3299 979 542-3666 CONTACT PHONE FAX (A/C, No, Ext): 979 5423666 - (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Cincinnati Insurance Company 10677 INSURED Patin Construction LLC 3800 W. 2nd Street Taylor, TX 76574 INSURER B : Texas Mutual Insurance Company 22945 INSURER C : Cincinnati Insurance Company 10677 INSURER D $1,000,000 INSURER E : $ 500,000 INSURER F : COVERAGES 1 1 1 1 1 1 1 1 1 1 1 1 CERTIFICATE 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. LTR LTR TYPE OF INSURANCE ADD INSR SUBR SWVDUB POLICY NUMBER (MM/DDY/YYYY) (MM/DDY/YlYn LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY EPP0166349 10/25/2013 10/25/2016 EACH OCCURRENCE $1,000,000 PREMISES (Ea oNcurrDence) $ 500,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 X PD Ded:2,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE 7 POLICY X LIMIT APPLIES PRO JECT PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ c AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS Drive Oth Car X SCHEDULED AUTOS NON -OWNED AUTOS EBA0166349 10/25/2013 10/25/2014 COMB (EaaccideINEDnt) SINGLE LIMIT $ 1, 000, 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EPP0166349 10/25/2013 10/25/2016 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 DED X RETENT ON $0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N / A TSF0001212733 06/03/2013 06/03/2014 X WC STATU- TORY I IMITS OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Job: Red Bud Lane at Forest Creek Drive, Southbound Right Turn Lane Engineer: Waeltz & Prete, Inc., Antonio A. prete, P.E., 3000 Joe DiMaggie Blvd.#72, Round Rock, Tx 78665 Owner: City of Round Rock, Round Rock, Texas As per policy provision, Certificate Holder is listed as additional insured in regard to the auto and general liability policies as provided by blanket additional insured endorsement when required by written (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Round Rock 221 E. Main St. Round Rock, TX 78664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) 1 of 2 #S510161/M481311 4-1 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 066 1 1 1 1 1 1 1 1 1 1 1 1 1 3 DESCRIPTIONS (Continued from Page 1 contract. General liability, auto and workers compensation policies include(s) a 30 Days Notice of Cancellation endorsement providing 30 days advance notice if policy is canceled by the company other than for nonpayment of premium, or direct cancellation by named insured as per policy provision. SAGITTA 25.3 (2010/05) 2 of 2 #S510161/M481311