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CM-2014-387City of Round Rock Agenda Item Summary Agenda Number: Title: Consider executing a contract with Austin Traffic Signal Construction Company, Inc. for the traffic signal relocation at Red Bud and Forest Creek. Type: City Manager Item Governing Body: City Manager Approval Agenda Date: 4/11/2014 Dept Director: Gary Hudder, Transportation Director Cost: $49,411.40 Indexes: RR Transportation and Economic Development Corporation (Type B) Attachments: Contract w- Austin Traffic Signal - Signal Improvements (00296171xA08F8) Department: Transportation Department Text of Legislative File CM -2014-387 The Transportation Department recommends approval and execution of this contract with Austin Traffic Signal Construction Company, Inc. (ATS) for the relocation of the signal pole and arm on the northwest corner of Red Bud Lane and Forest Creek Drive. ATS was the only respondent to the solicitation for this work and their quote was $49, 411.40. The work to be completed as per this contract is in preparation for the impending construction of the southbound Red Bud Lane right -turn lane. The work shall be completed within 60 days of the execution of this contract. Staff recommends approval. City of Round Rock Page 1 Printed on 4/10/2014 LEGAL DEPARTMENT APPROVAL FOR CITY COUNCIL/CITY MANAGER ACTION Required for Submission of ALL City Council and City Manager Items Department Name: Transportation Project Mgr/Resource: Chad Wood Council Action: ORDINANCE Agenda Wording Project Name: Signal Relocation ContractorNendor: Austin Traffic Signal Construction Co. n RESOLUTION flCity Manager Approval CMA Wording Consider executing a contract with Austin Traffic Signal Construction Company, Inc. for the traffic signal relocation at Red Bud and Forest Creek. Attorney Approval iorney Notes/Comments Date J / et O:\wdox\SCCInts\0127\1200\MISC\00249511.XLS Updated 6/3/08 CITY OF ROUND ROCK AGREEMENT FOR A TRAFFIC SIGNAL RELOCATION WITH AUSTIN TRAFFIC SIGNAL CONSTRUCTION COMPANY, INC. THE STATE OF TEXAS CITY OF ROUND ROCK COUNTY OF WILLIAMSON COUNTY OF TRAVIS KNOW ALL BY THESE PRESENTS: THAT THIS AGREEMENT for construction services (a traffic signal relocation) to be performed at the intersection of Redbud and Forest Creek in Round Rock, Texas, and for related goods (referred to herein as the "Agreement"), is made and entered into on this the C44- day of the month of April, 2014 by and between the CITY OF ROUND ROCK, a Texas home -rule municipality, whose offices are located at 221 East Main Street, Round Rock, Texas 78664-5299 (referred to herein as "Owner" or "City"), and AUSTIN TRAFFIC SIGNAL CONSTRUCTION COMPANY, INC., a Texas Corporation whose address is P.O. Box 130, Texas 78680 (referred to herein as "Contractor"). That for and in consideration of the mutual promises contained herein and other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, it is mutually agreed between the parties as follows: ARTICLE 1: THE CONTRACT DOCUMENTS The Contract Documents consist of the Agreement, Scope of Work (referred to herein as "Work" and attached as Exhibit "A"), Construction Plans (attached as Exhibit "B"), and any Modifications issued after the execution of this Agreement. These form the Contract, and are as fully a part of the Contract as if attached to this Agreement and repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes any prior negotiations, representations or agreements, either written or oral. 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. ARTICLE 3: DATE OF COMMENCEMENT; DATE OF FINAL COMPLETION. 3.1 The date of the commencement of the Work shall be the effective date of this Agreement. Effective date of the Agreement is defined as the date upon which the binding signatures of both parties to this Agreement are affixed. 00295597/ss2 CM -2014-387 3.2 Contractor shall receive Final Completion of the entire work no later than sixty (60) days from the effective date of this Agreement. Final completion is defined as the stage in the progress of the Work when, in Owner's opinion, the entire Work has been completed, Contractor's obligations under the Contract Documents have been fulfilled, and Owner is processing or has made final payment to Contractor, as evidenced by a Certificate of Acceptance approved by Owner. ARTICLE 4: CONTRACT SUM Owner shall pay Contractor the Contract Sum in current funds for Contractor's performance of the Contract. The Contract Sum shall be forty-nine thousand four hundred eleven and 40/100 ($49,411.40). ARTICLE 5: PAYMENTS 5.1 Applications for Payment. Based upon Applications for payment submitted to Owner by Contractor, Owner shall make progress payments on account of the Contract Sum to Contractor as provided below. 5.1.1 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month. 5.1.2 Provided that an Application for Payment is received and accepted by Owner not later than the tenth (10th) day of a month, Owner shall make payment to the Contractor not later than the tenth (10th) day of the next month. If an Application for payment is received by received by Owner after the application date fixed above, payment shall be made by Owner not later than one month after the Owner receives and accepts the Application for Payment. 5.1.3 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 Owner may require. This Schedule, unless objected to by the Owner, shall be used as a basis for reviewing Contractor's Applications for Payment. 5.1.4 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. 5.1.5 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. 2 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 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. 5.2.2 Owner's final payment to Contractor shall be made no later than thirty (30) days after the Work is fully performed to the acceptance of the Owner. In no event shall final payment be required to be made prior to thirty (30) days after all Work on the Contract has been fully performed. Defects in the Work discovered prior to final payment shall be treated as non -conforming Work and shall be corrected by Contractor prior to final payment, and shall not be treated as warranty items. ARTICLE 6: BONDS AND INSURANCE 6.1. Surety and Insurance Companies. 6.1.1 All bonds and insurance required by the Contract Documents shall be obtained from solvent surety or insurance companies that are duly licensed by the State of Texas and authorized to issue bonds or insurance policies for the limits and coverages required by the Contract Documents. The bonds shall be in a form acceptable to Owner and shall be issued by a surety which complies with the requirements of Art. 7.19-1, Texas Insurance Code (1997) and which is otherwise acceptable to Owner. 6.1.2 Owner may require the surety to obtain reinsurance for any portion of the risk that exceeds 10% of the surety's capital and surplus. 6.2 Workers' Compensation Insurance Coverage. 6.2.1 Definitions: .1 Certificate of coverage ("certificate") - A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on the Project, for the duration of the Project. .2 Duration of the Project - includes the time from the beginning of the Work on the Project until the Contractor's/ person's Work on the Project has been completed and accepted by the Owner. .3 Persons providing services on the Project ("subcontractor" herein) - includes all persons or entities performing all or part of the services the Contractor has 3 undertaken to perform on the Project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, by way of illustration and not of limitation, independent contractors, Subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the Project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other service related to a project. "Services" does not include activities unrelated to the Project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 6.2.2 Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of Contractor providing services on the Project, for the duration of the Project. 6.2.3 Owner will not execute the Contract prior to Contractor providing all required certificates of coverage. 6.2.4 If the coverage period shown on Contractor's current certificate of coverage ends during the duration of the Project, Contractor must, prior to the end of the coverage period, file a new certificate of coverage with Owner showing that coverage has been extended. 6.2.5 Owner shall obtain from each person providing services on the Project, and provide to Owner: .1 A certificate of coverage, prior to that person beginning Work on the Project, so Owner will have on file certificates of coverage showing coverage for all persons providing services on the Project; and .2 No later than seven (7) days after receipt by Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. 6.2.6 Contractor shall retain all required certificates of coverage for the duration of the Project and for one (1) year thereafter. 6.2.7 Contractor shall notify Owner in writing by certified mail or personal delivery within ten (10) days after Contractor knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. 4 6.2.8 Contractor shall post at its office or on each Project site a notice, in the text, form and manner prescribed by the Texas Workers' Compensation Commission, informing all persons providing services on the Project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 6.2.9 Contractor shall contractually require each person with whom it contracts to provide services on a Project to: .1 Provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the Project, for the duration of the Project. .2 Provide to Contractor, prior to that person beginning Work on the Project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the Project, for the duration of the Project. .3 Provide Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. .4 Obtain from each other person with whom it contracts, and provide to Contractor: a) a certificate of coverage, prior to the other person beginning Work on the Project; and b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the Project. .5 Retain all required certificates of coverage on file for the duration of the Project and for one (1) year thereafter. .6 Notify Owner in writing by certified mail or personal delivery within ten (10) days after the person knew or should have known of any change that materially affects the provision of coverage of any person providing services on the Project. .7 Contractually require each person with whom it contracts, to perform as required by paragraphs 5.2.9.1 - 5.2.9.7, with the certificates of coverage to be provided to the person for whom they are providing services. 5 6.2.10 By signing this Contract or providing or causing to be provided a certificate of coverage, Contractor is representing to Owner that all employees of Contractor who will provide services on the Project will be covered by workers' compensation coverage for the duration of the Project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject Contractor to administrative penalties, criminal penalties, civil penalties, or other civil actions. 6.2.11 Contractor's failure to comply with any of these provisions is a breach of Contract by Contractor which entitles Owner to declare the Contract void if Contractor does not remedy the breach within ten (10) days after receipt of notice of breach from Owner. 6.3 Contractor Insurance Requirements. 6.3.1 General Requirements: .1 Contractor shall carry insurance in the types and amounts indicated below for the duration of the Contract, which shall include items owned by Owner in the care, custody and control of Contractor prior to and during construction and warranty period. .2 Contractor must complete and forward the required Certificates of Insurance to Owner before the Contract is executed as verification of coverage required below. Contractor shall not commence Work until the required insurance is obtained and until such insurance has been reviewed by Owner. Approval of insurance by Owner shall not relieve or decrease the liability of Contractor hereunder and shall not be construed to be a limitation of liability on the part of Contractor. Contractor must also complete and forward the required Certificates of Insurance to Owner whenever a previously identified policy period has expired as verification of continuing coverage. .3 Contractor's insurance coverage is to be written by companies licensed to do business in the State of Texas at the time the policies are issued and shall be written by companies with A.M. Best ratings of B+VII or better, except for hazardous material insurance which shall be written by companies with A.M. Best ratings of A- or better. .4 All endorsements naming Owner as additional insured, waivers, and notices of cancellation endorsements as well as the Certificate of Insurance shall indicate: City of Round Rock, 221 E. Main St., Round Rock, Texas 78664. 6 .5 The "other" insurance clause shall not apply to Owner where Owner is an additional insured shown on any policy. It is intended that policies required in the Contract, covering both Owner and Contractor, shall be considered primary coverage as applicable. .6 If insurance policies are not written for amounts specified below, Contractor shall carry Umbrella or Excess Liability Insurance for any differences in amounts specified. If Excess Liability Insurance is provided, it shall follow the form of the primary coverage. .7 Owner shall be entitled, upon request and without expense, to receive certified copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modification of particular policy terms, conditions, limitations, or exclusions except where policy provisions are established by law or regulations binding upon either of the parties hereto or the underwriter on any such policies. .8 Owner reserves the right to review the insurance requirements set forth during the effective period of this Contract and to make reasonable adjustments to insurance coverage, limits, and exclusions when deemed necessary and prudent by Owner based upon changes in statutory law, court decisions, the claims history of the industry or financial condition of the insurance company as well as Contractor. .9 Contractor shall not cause any insurance to be canceled nor permit any insurance to lapse during the term of the Contract or as required in the Contract. .10 Contractor shall be responsible for premiums, deductibles and self-insured retentions, if any, stated in policies. All deductibles or self-insured retentions shall be disclosed on the Certificate of Insurance. .11 Contractor shall provide Owner thirty (30) days written notice of erosion of the aggregate limits below occurrence limits for all applicable coverages indicted within the Contract. .12 If Owner -owned property is being transported or stored off-site by Contractor, then the appropriate property policy will be endorsed for transit and storage in an amount sufficient to protect Owner's property. .13 The insurance coverages required under this contract are required minimums and are not intended to limit the responsibility or liability of Contractor. 6.3.2 Business Automobile Liability Insurance. .1 Contractor shall provide coverage for all owned, non -owned and hired vehicles. The policy shall contain the following endorsements in favor of Owner: a) Waiver of Subrogation endorsement TE 2046A; b) 30 day Notice of Cancellation endorsement TE 0202A; and c) Additional Insured endorsement TE 9901 B. .2 Contractor shall provide coverage in the following types and amounts: A minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. Alternate acceptable limits are $250,000 bodily injury per person, $500,000 bodily injury per occurrence and at least $100,000 property damage liability each accident. 6.3.3 Workers' Compensation and Employers' Liability Insurance. .1 Contractor's coverage shall be consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Section 401). Contractor shall assure compliance with this Statute by submitting two (2) copies of a standard certificate of coverage (e.g. ACCORD form) to Owner's Representative for every person providing services on the Project as acceptable proof of coverage. The required Certificate of Insurance must be presented as evidence of coverage for Contractor. Workers' Compensation Insurance coverage written by the Texas Workers Compensation Fund is acceptable to Owner. Contractor's policy shall apply to the State of Texas and include these endorsements in favor of Owner: a) Waiver of Subrogation, form WC 420304; and b) 30 day Notice of Cancellation, form WC 420601. .2 The minimum policy limits for Employers' Liability Insurance coverage shall be as follows: $100,000 bodily injury per accident, $500,000 bodily injury by disease policy limit and $100,000 bodily injury by disease each employee. 6.3.4 Commercial General Liability Insurance. .1 Contractor's policy shall contain the following provisions: a) Blanket contractual liability coverage for liability assumed under the Contract and all contracts relative to this Project. 8 b) Completed Operations/Products Liability for the duration of the warranty period. c) Explosion, Collapse and Underground (X, C & U) coverage. d) Independent Contractors coverage. e) Aggregate limits of insurance per project, endorsement CG 2503. 1) Owner listed as an additional insured, endorsement CG 2010. g) Thirty (30) day notice of cancellation in favor of OWNER, endorsement CG 0205. h) Waiver of Transfer of Recovery Against Others in favor of OWNER, endorsement CG 2404. .2 Contractor's Policy shall provide coverages a) and b) with minimum limits as follows: A combined bodily injury and property damage limite of $500,000 per occurrence. 6.4 Bonds. 6.4.1 General. .1 The bonds shall be executed on forms furnished by or acceptable to Owner. All bonds signed by an agent must be accompanied by a certified copy of such agent's authority to act. .2 If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of the preceding paragraph, Contractor shall within ten (10) days thereafter substitute another bond and surety, both of which must be acceptable to Owner. .3 Each bond shall be issued in an amount of one hundred percent (100%) of the Contract Amount as security for the faithful performance and/or payment of all Contractor's obligations under the Contract Documents. Bonds shall be issued by a solvent surety company authorized to do business in the State of Texas, and shall meet any other requirements established by law or by Owner pursuant to applicable law. Any surety duly authorized to do business in Texas may write the performance and payment bonds on a project without reinsurance to the limit of 9 ten (10) percent of its capital and surplus. Such a surety must reinsure any obligations over ten (10) percent. 6.4.2 Performance Bond. Contractor shall furnish Owner with a performance bond in the form set out by Owner. 6.4.3 Payment Bond. Contractor shall furnish Owner with a payment bond in the form set out by Owner. ARTICLE 7: TERMINATION AND SUSPENSION 7.1 Owner has the right to terminate this Agreement, in whole or in part, for convenience and without cause, at any time upon thirty (30) days' written notice to Contractor. 7.2 In the event of any default Contractor, Owner has the right to terminate this Agreement for cause, upon ten (10) days' written notice to Contractor. 7.3 Contractor has the right to terminate this Agreement only for cause, that being in the event of a material and substantial breach by Owner, or by mutual agreement to terminate evidenced in writing by and between the parties. 7.4 In the event Owner terminates pursuant to 7.1 or 7.2 above, the following shall apply: Upon Owner's delivery of the referenced notice to Contractor, Contractor shall discontinue all Work in connection with the performance of this Agreement and shall proceed to cancel promptly all Work insofar as such Work is chargeable to this Agreement. Within thirty (30) days after such notice of termination, Contractor shall submit a statement showing in detail the Work satisfactorily performed under this Agreement to the date of termination. Owner shall then pay Contractor that portion of the charges, if undisputed. The parties agree that Contractor is not entitled to compensation for Work it would have performed under the remaining term of the Agreement except as provided herein. 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: Edward Schroeder Austin Traffic Signal Construction Company, Inc. P.O. Box 130 Round Rock, TX 78680 10 8.3 Contractor's representative is: Chad Wood Transportation Engineer 2008 Enterprise Drive Round Rock, Texas 76664 8.4 Neither Owner's representative 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 waive of any subsequent breach. 8.6 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 not against either party. 8.7 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 and conditions herein, exclusive venue for same shall lie in Coryell County, Texas. This Agreement shall be governed by and in accordance with the laws and court decisions of the State of Texas. 8.8 Both parties hereby expressly agree that no claims or disputes between parties arising out of or relating to this Agreement or a breach thereof shall be deducted 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. 8.9 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. ARTICLE 9: NON -APPROPRIATION AND FISCAL FUNDING This Agreement is a commitment of Owner's current revenues only. It is understood and agreed that Owner shall have the right to terminate this Agreement at the end of any City fiscal year if the governing body of City does not appropriate funds sufficient to purchase the services as determined by Owner's budget for the fiscal year in question. Owner may effect such termination by giving Contractor a written notice of termination at the end of its then current fiscal year. ARTICLE 10: TAXES Owner is exempt from Federal Excise and State Sales Tax; therefore, tax shall not be included in Owner's charges. 11 ARTICLE 11: RIGHT TO ASSURANCE Whenever either party to this Agreement, in good faith, has reason to question the other party's intent to perform hereunder, then demand may be made to the other party for written assurance of the intent to perform. In the event that no written assurance is given within the reasonable time specified when demand is made, then and in that event the demanding party may treat such failure as an anticipatory repudiation of this Agreement. ARTICLE 12: INDEMNIFICATION Contractor shall defend (at the option of Owner), indemnify, and hold Owner, its successors, assigns, officers, employees and elected officials harmless from and against all suits, actions, legal proceedings, claims, demands, damages, costs, expenses, attorney's fees, and any and all other costs or fees arising out of, or incident to, concerning or resulting from the fault of the Contractor, or Contractor's agents, employees or subcontractors, in the performance of Contractor's obligations under this Agreement, no matter how, or to whom, such loss may occur. Nothing herein shall be deemed to limit the rights of Owner or Contractor (including, but not limited to the right to seek contribution) against any third party who may be liable for an indemnified claim. ARTICLE 13: COMPLIANCE WITH LAWS, CHARTER AND ORDINANCES Contractor, its agents, employees and subcontractors shall use best efforts to comply with all applicable federal and state laws, the Charter and Ordinances of the City of Round Rock, as amended, and with all applicable rules and regulations promulgated by local, state and national boards, bureaus and agencies. ARTICLE 14: ASSIGNMENT AND DELEGATION The parties each hereby bind themselves, their successors, assigns and legal representatives to each other with respect to the terms of this Agreement. Neither party shall assign, sublet or transfer any interest in this Agreement without prior written authorization of the other party. ARTICLE 15: NOTICES All notices and other communications in connection with this Agreement shall be in writing and shall be considered given as follows: 1. When delivered personally to the recipient's address as stated in this Agreement; or 12 2. Three (3) days after being deposited in the United States mail, with postage prepaid to the recipient's address as stated in this Agreement. Notice to Contractor: Austin Traffic Signal Construction Company, Inc. Attn: Edward Schroeder P.O. Box 130 Round Rock, Texas 78680 Notice to Owner: Steve Norwood, City Manager 221 East Main Street AND TO: Round Rock, TX 78664 Stephan L. Sheets, City Attorney 309 East Main Street Round Rock, TX 78664 Nothing contained herein shall be construed to restrict the transmission of routine communications between representatives of Owner and Contractor. ARTICLE 16: APPLICABLE LAW; ENFORCEMENT AND VENUE 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. ARTICLE 17: DISPUTE RESOLUTION Owner and Contractor 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 any arbitration proceeding, including without limitation, any proceeding under the Federal Arbitration Act (9 USC Section 1-14) or any applicable state arbitration statute. ARTICLE 18: SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement or the occurrence of any event rendering any portion or provision of this Agreement void shall in no way affect the validity or enforceability of any other portion or provision of this Agreement. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and enforced as if this Agreement did not contain the particular portion or provision held to be void. The parties further agree to amend this Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. The provisions of this section shall not prevent this entire Agreement from 13 being void should a provision which is of the essence of this Agreement be determined void. ARTICLE 19: MISCELLANEOUS PROVISIONS 19.1 Standard of Care. Contractor represents that it employs trained, experienced and competent persons to perform all of the services, responsibilities and duties specified herein and that such services, responsibilities and duties shall be performed in a manner according to generally accepted industry practices. 19.2 Time is of the Essence. Contractor understands and agrees that time is of the essence and that any failure of Contractor to fulfill obligations for each portion of this Agreement within the agreed timeframes will constitute a material breach of this Agreement. Contractor shall be fully responsible for its delays or for failures to use best efforts in accordance with the terms of this Agreement. Where damage is caused to Owner due to Contractor's failure to perform in these circumstances, Owner may pursue any remedy available without waiver of any of Owner's additional legal rights or remedies. 19.3 Force Majeure. Neither Owner nor Contractor shall be deemed in violation of this Agreement if it is prevented from performing any of its obligations hereunder by reasons for which they are not responsible or circumstances beyond their control. However, notice of such impediment or delay in performance must be timely given, and all reasonable efforts undertaken to mitigate its effects. 19.4 Multiple Counterparts. This Agreement may be executed in multiple counterparts, any one of which shall be considered an original of this document; and all of which, when taken together, shall constitute one and the same instrument. 19.5 Execution. This Agreement is entered into as of the day and year first written above and is executed in at least two (2) original copies, of which one is to be delivered to the Contractor and the remainder to the Owner. [Signatures appear on the following page.] 14 IN WITNESS WHEREOF, Owner and Contractor have executed this Agreement on the dates indicated. City of Round Rock, Texas By: Printed Name: Title: Date Signed: Q Sara L. White, City Clerk For City A s proved as t ' Form: By: Stepha L. Sheets, City Attorney 15 Austin Traffic Signal Construction Company, Inc. By: Printed N me. lac Sok ---11) Title: \)‘.--I2_ eS. Date Signed: 41— I — 1 `l AUSTIN TRAFFIC SIGNAL CONSTRUCTION COMPANY, INC. PA. Box 130 Round Rock, Texas 78680 March 18, 2014 PROJECT: RED BUD & FOREST CREEK % meads Msm Deas. No. Dods Bid Bnn Dsse Soh PROPOSAL WBof Appmx. _Unhi Bid Qwn#1U - - --- Pdso Ph. (612) 255-9961 Fax (612) 256-0146 Ainesnt 1 SIGNAL RELOCATION @ REDBUD & FOREST CREEK LS 1.00 $49,411.40 $49,411.40 CONSTRUCTION $14,714.66 MATERIAL $22,839.11 R & P BOND $636.86 OVHD. & PROFIT $11,320.88 SCOPE OF WORK TO INCLUDE THE FOLLOWING ONLY: TXDOT SPEC. NO. DESCRIPTION OF WORK 0416 2036 DRILL SHAFT (FRF SKT POLE) (24 IN) 0418 2032 DRILL SHAFT (TRF SIO POLE) (36 IN) 0616 2038 CONOTT (PVC) (SCHD 80) (31 0624 2014 GROUND BOX TY D (162922) W/APRON 0682 2001 BACK PLATE (12 IN) (3 SEC) 0682 2022 VEH510 SEC (12 *BLED (GRN ARIA) 0062 2023 VEH SIG SEC (12 U4) LEO (GRN) 0002 2024 VEH SIG SEC(121N) LED (YEL ARW) 0862 2025 VON 510 SEC 12 I) LED (YEL) • 2026 vat 310 SEC (121N) LFA (RED ARV 0682 2021 VON MO SEC (121N) LED (RHD) 0682 2068 PED SIO SEC (12 IN) LED COUNTDOWN 0E62 2Q67 PED 6906EO (121N) LED COUNTDOWN MODULE ONLY 0884 2001 TRF 810 CBI. (TY A) (10 AWG) ( 2 CONOR) 0684 2008 TRF S1IG CBL (TY A) (12 AWG) (3 CONLXt) 0684 2010 TRF SIG (161.(TYA)(12AWG) (6CONDR) 0604 2030 TRF SIG COL (TY N (14 AWL)) (4 CONDR) 0684 2030 TRF AIGCBL(TY (14 A1M3) ( 4 CONOR) 0684 2033 TRF MO C8L (TY (14 AV43 ( 7 COMDR) 0684 2082 TRF 310 CBL (TY C) (18 AWG) ( 2 COMM) 0986 2050 INS TRF 510 PL AM(S) 1 ARM(481LUMIILSN 0887 2001 PEO POLE ASSEMBLY 0090 2002 INSTALL OF CONDUIT BY TRENCHING 0690 2020 INSTALL OF SIGNAL HEAD ASSN 0800 2028 REPLACE OF SIGNAL RELATED SIGNS 0690 2029 INSTALL OF SIGNAL RELATED SIGNS 6007 22001 REMOVING TRAFFIC SIGNALS 8188 2001 AUDIBLE PEDESTRIAN SIGNAL UNIT 9000 ILSN (LED)(6 D) 0500 2001 MOOIUTATION 0502 2001 BARRICADES. SIGNS AND TRAFFIC HANDLING UNIT OF MEASURE .EST.QTY LF 6 LF 13 LF 110 EA 1 EA 6 EA 2 EA 4 EA 2 EA 4 EA 2 EA 4 EA 2 EA 8 LF 190 LF 180 LF 15 LF 160 1F 24 LF 100 LF 30 EA 1 EA 1 LF 42 EA 8 EA 1 EA 2 EA 1 EA 8 EA 1 IS 1 MO 2 TOTAL $49,411.40 NOTES: 1) PERFORMANCE and PAYMENT BOND COST IS INCLUDED 2) MATERIAL TAX (S EXCLUDED 3) STRIPING & ADA WHEELCHAIR RAMPS ARE EXCLUDED. CONTACT Edward Schroeder for any questions at 512-255-9951 ext. 114 EXHIBIT "A" w U 0 D Z 0 LL 0 ›- F- d o CONSTRUCTION PL6,NS FOR k; GS U 0 444 1 v u t, A EXHIBIT ' p v teE a it g 5 1 3 1 1 E 1 5 1 zooid IouI —pna %ssmApna Psao'laaD ps.Jo4\ IoZ\sW►(md Iousisvpa(oad •I .Anovvistussouon ps(oid\uopopodsuoil\:z Ao6•soxeppoipuoorMMM enua esticLz u3 8OOb x1 'NON OROS AO A110 ITU NOM !Teo us Kiss 1106/41/20 ass S31111NV(lb 133t02ld 40 MIVIM(In5 a.e_ t4OUV3O1311 WNOIS N33213 1S31103 o ana a3a win mama 5. UOid 1ouu_pne menu* 16ao.040 pI11014213 lsaJo!\f loZ\slaejoJd Nu8S\11i810A4 oAno Nuawabouop p»jad\uono>J7odeuoiy\:z ESTIMATED QUANTITIES DRILL: SHAFT..CTRF SIGPOLE) C24'IN) A WJ O N 1- yy J CON'DT (PVC) (SOW 80)' <3'7• GROUND BOX TY D (162922) W/APRON. M N G' Z Os VEH SIG SEC C12 IN) LED (GRN ARW) W J - N � N W > VEH SIG SEC C12 DO LED CYEL ARW) VEH SIG SEC C12 IN) LED: (TEL), VEH SIG SEC (12 IN) LED GRED ARW) VEH SIG• SEC C12 IN) LED GRED PED SIG SEC Cl2 IN) LED (COUNTDOWN) PED SIG SEC U2 IN) LED CCNTDVN) MODUL<:ONL TRF SIG CBL CTY A) (10 AVG) (2. CONDR) (ILLUMINATION) TRF SIG CBL (TY A) (12. AVG) C 3 CONDR) CILSN) TRF SIG: CBL CTY A) C14 AVG) c 3 CONDR) (PED) TRF SIG: CBL (TY A) CI4 AWG) C 4 CONDR) CSI0 w a 0 V' a V ya gJ U N L W 2- TRF SIG CBL (TY A) 04 AVG) tt 7 CONDR) (SIG): TRF SIG CHL CTY C) C18' AVGY (PED/BUTTTON), INS TRF MG PL AMCS) 1 ARMC481LUMLD_S PED POLE ASSEMBLY INSTALL• OF CONDUIT BY TRENCHING INSTALL .OF SIGNAL HEAD' ASSN' REPLACE OF SIGNAL. RELATED SIGNS R10 -10L CLEFT TURN SIGNAL') INSTALL OF SIGNAL RELATED SIGNS- R10-3'e(L/R) C'PED—PLAGUE') REMOVING TRAFFIC SIGNALS AUDIBLE PEDESTRIAN SIGNAL UNIT ILSN (LED) (6D) g4L.4 J J J Q W Q W Q W Q W ¢ W Q W 6 W Q W Q W Q. W 4 J 4 J 4 J 4 J 4 J 4 J 4 J Q W Q W 4 J Q W Q W Q W Q W 6 Q W T Y43 93 a a o ft J in s ca I- as 4 CLIN N N 0 N V' N 2001 N cpU N M N < N y7 oN N VI N N n 1pU N 0 .D N 2067 N CO 0 N o N 0 M N 0 M N M 07 N N 0 N o -v1 N 0 N 2002 2026 {N�i N g pP N o N TX—DOT Item *I a v 00 .No .m0 0 03 so ,03 ,, 682 682 ma .0°0 684 684 .000 ..n W ' '0 697 '0 (0 ( 0 co EXHIBIT "B" 5. UOid 1ouu_pne menu* 16ao.040 pI11014213 lsaJo!\f loZ\slaejoJd Nu8S\11i810A4 oAno Nuawabouop p»jad\uono>J7odeuoiy\:z no6soxel)DOJpunorMMM 0nu0 espd1ew3 g00S X1 IM30a INn0a 40 u10 ISITZ4 lir+ Yi iCiih ►iornvo r giros S31ON 1Y213N30 bintizifit NOILY001321 lYNOIS N33 I3 1S3210d :8 one 03H ami ato 1 I ! I I !I h t 1,ii [11 Ov vi Ilc ;evi gin la '11.4 !ill ,111110 ; ;1!1!1;111i$;R IIIA �; iiliOlgimeol r"1/11; g gi ;i1Hliirkili!!!! !IPA!! a i r1 d ri d p ' eri ^l i EXHIBIT "B" scold 101114-Pn8 po1lo�lasia lsob!\Pn8 pIUOOl°s» 1io3\i10E \a13afad Wu61s\L1N(ad oM Wawo6ouon loarad\uoi opod�i suuoi noB•comappoJpunorMMM Silk] asudJaiu3 goo Xl 'x0021 ONfOa .10 A.LID rill a'anid -ijri owl noshW acro al -.s dri3t SNOI110NO3 ONIISIX3 Lai NOIIYO013N 11,NDIS )I33113 1532104 A one 0321 mat Dram • r 1t %.1 r i '11c1 20 is .roti GAS avow louu—Pne P41011aaI3 1saJoj\pn0 PoSOM09i3 1aaJo3\titoL\spa(ad 10LISISVII3140.1d onna�luawa6ouoVI 1q•lo./dtuonoli0deuw4Z no6Toxopiociipurianwitat °&p&tsp.:bap/3 800Z XL !Nom aNnoa 30 kLIO 00%0 000/0/30 000 0102 NOI/V301321 lYNDIS 03S0d021c1 ilif41 NOLLV30138 'MIS )13.383 1.531103 0 Ofl O3I omeiWitoli4 i 74S I I I I I I I I I I I I I I I I I 11 I I IL 11.0 • 9, 03 K1 MDI) .LS9}.10d 0 0 TIT —1- ,vis t 111%X 10QD GAS C.O.R.R. EX. CONDUIT ) ) t ONI .Y ONI Y 0 EXHIBIT "B" 0 1 • _ .., ,g ,, - :,,-.., ;__• PULL 'ICS L I TYPE -111 MIND ELL SEE STANDARD CE IAL I ZS& I APRON I COCD-03 PROPOSED CONDUIT CHART 6 2 f.i. t_, $ ,.. 1 I .- u ._ - i; il k x i a riii 8 8 - ...., • 4 „ 1 '14N i le..plo !Ole i - lieee twAWN0110**13.1-390 puke, suold louu—pne poHoperj lomo,Apno p0H050c13 133104 \•3 t0As3arcud loufrys\sparom offloySouatualiouoyi pefam\uoilopodauoiA:z no6'euxeppospuna'MMM ova ealJdJelu3 EOOt xi 'H30a aNnoa jo u13 Kira w oftwo ►Hor/a/ta cirri Iva. of lex ainI NOIIYA313 IYNDIS 03S0dOad Wel yaw r NOLLY001311 lYNDIS l )13383 1S3a0A o ana 038 tlifel lideaht 0 C 3 .0-.0£ loutwoN „9-,£t 146! H 6u!}unoyy •woN „9-,61 c m tL' o Westbound on Forest Creek Dr., MAST DAMPING PLATE O U O0�.t 0 CD EXHIBIT "B” auold 104.4—pna 1,0210I00r3 paloj\pne perm aJ3 iaaJOj\I o \a100foJd 10u8j\opa(ad en110V\\uawa8oUON l3I[OJ uopollods l Ao6•9ox p oJpunorMMM *mpg espd,aiu3 soon XI NOON X00N aNOoa 40 k1.10 „ri iv wag Print to '3a* vas ,LMit ;p, N0I1YA313 WHO'S3 NVIM1S303d 03SOd021d „ t ^ i -'IUB WIC i i I 1 I ! , I ,I NOI1V0013M 1YNNOIS )(33213 1S3110! 0 Ona 038 ore IAMEN t e EL1i .i. 0 Id U <\ J Qd N CC I—JM Li! D I Zp 2Z �Q pZ,- W0 CL (n. J � W CO _mQ Z co J (--.5o Qom._ Qam00 ....._. . J CC 0(j O C] N J • _ . D CO -o (1)010 Lt 10 E0 S i v. .." , Mr)— I�I 0 0 C z w 00 Z o 0 QJ ZQ 00 0 U) Wo Jd xow 10L — um ,L 0o W.–. Z0 oV pUj EXHIBIT "B" Q Z 0 Z o 11 Q m J N -I a •Ido„a.a,041tea, auoH IouU-P^9 Pinicol J3 iauoj\Pn8 Pat!®Haoio {soioj\iloL\ava[ad ouf s\s13a(oid snpo \ uawa6ouory pervi \uqnoNodauaj\:Z FOUNDATION DESIGN TABLE § 2 [ i % = ¥ 1.f f il& !f6 N # 1i» \¥. |1 |qE.| |&!| : i , 8 ! ! i ! | l:l-1.%\ | |•� §;) pIf9§A E : t AIF & ,fk)2X u' X 32' 3V X u' Q' X36' 1 44'X2!' `" 2&$ k■■ Ek i $ a.\a,■■ ■ ■ i ra I | ''} \}f �3*UMO � § 3..:::: ; ` 7 igte _ | 2j\/:/ ,R$■t! a##! R %i; t I ■ k k k % IF \;||f FOUNDATION ARPLSEILSNISAPORELEfU USUPPORT ASSEMBLIES MAST ) ■ k ki | |•� §;) E : "k» & ,fk)2X u' X 32' 3V X u' Q' X36' 1 44'X2!' ' k■■ |I.■t ■ I k k 1§ d $ ti i ra I $li ■ k 7K& �3*UMO SHIPPING PARTS, LIST • .,� i UiI ii., .. 1st : dI i Le tE 63 I s 11! y C : n H .i s 1 , � g� T U l xEj i ilk t Iri 2- 11! F li P ° tog IP IM E } ;P al f r 0 � g s sass E A ilii 1 g lI it uo.Ae W ti 11 P AU I Pm HnIcaWe Nil] it a4 oq) w0 said amea.au MogY. Wiuwquala opal .Ot r i i r 1 e E E S: ii 6 0 0 0 O O it M g O O - y r.t. i 1 . A T iiiithil If i ii 1 jI kRa.astasa: e 1 111 t2222444: � z g ! s e �: A V 2 e J ti a O Y N a d O 1 n A Oa 0 d 8 8 al ri .i tel ri ri .i a s 'a a ra 0 'a- d t a a a i 1 a A t r ii 'a - T 0 0 S r O T N d 8 .8 i 1 0 r J .8 8 8 n 0 1 i i .1 a A a aa_ d 1 8 a .1 a 3 o � i ti e i 8 A 01%IY__ tt iI J F h 0 0 • A 0 o i 1 !�3 EXHIBIT "B" 1 440110H 04144041 10411041 .O-.8[ z • • • .� 1uIL L . 'w'14__.4ga •na'iL. '4*'!a ew+«.e �1"a ii 1w�'a"`»' i�11" ..„. .7LJ 17180 IPg =g tabs li €_ elf _I 11 ISR It EC; kip_li F E R eili !i I; '1k= a- Pt at I��� if !fib! 6a asgi gilt �e _ ;5 gg 1211 $i l eil 11 i i tl 11_ a�� ; ftliitl4� t� ts1 1 I _. I_ l g ;IPiix t I die id .t tdc1 11gti r.51141 -. wiz g .7-ilb -a II •,_ z , 1 If Ce g$ I eel •1.11 .140 ,,,,,,,,, ;..! -F. W VI a ijihrl i �fil g 3 ig!-I sb- .I otlii- C,I: !kilt iC! gg 9 "1 irighrtn il-i- iir 1si f- hi b!. TOO Fti 'tIHr;Iijt Pid g°lion t 31 �iliA gPireil 9IM il d ttibi 14, BRACKET ASSEMBL EXHIBIT "B" w I- v► o h 5t Is 1-img pN 3 1 I-II y 1-�s In '3/4I- 0 CO2 IN 0V) SMA -80(2).-12 1 1 1 1 1 1 1 V) -J 0 0 2 J ARM WELD DETAIL MIA hill 3irzlI i r. a b aaa tang •b 1' C r: Hid a 11F 1 Is - f 1 h $b k4g At Ai r r.L to q h i;j i fi14 t 21 iag ai •till §b pt I- t e 9 iigg"t III Its is 15 rig; 4 4 1 de 144 gi i b W9 i1 i!.11 di WIii1!jI!ci $ S®` 1 % • Y • ASS J d 2. Pi WELD DETAILS ✓ w 0 0 LL 1; • #z 1.4 xxm S 2 F F 2 6 i xx waRxx4x 1 N w 7n c 4 c N c 2 • 2 N • 2 R R 2 E G a a • TR vis r c F 2 F 2 a• 116 aj If a' x c R 2 2 t e 2 ilgif • g• piktii IIID =t1.2! taatgA11--1 t--1j f41 & N <w N 7 �s 6 1 i yV W � 0R Z o y 8 g aQ1- ci z1-.. a aAloio i_. on°. (non 1win 1 1 ( ( 1 1 1 1 1 1 113 � ' i.11��Mr•M Nei Tu�wwt�gl“101. . hi" `: •lY� •• n :6i I III 1 sfo N ch al 5 g d d 0 rv -ON DETAIL 2 -J 0 V J H 41 CLA &P-QN All t ARM BASE WELD DETAILS yeM ap �li 4 M04I1 «�o �YF��AV14,404 •ISM J• ~W LM �MIIYVSIO a t7 1 8 !! 101 / = 0 nl i' 01 a t 1 b d! ! eg :1-1 i_ 111.1n :011 u a v 4 Sia F_e. SS e 111 m J 1 .9-.1 .9•.i ri x pi pi R M iw d x N N N x H N • N x 0 .li .0-.91 .1i .t -.ti Ns .31 1YBIT "B" J a POLE ELEVATION U .4'�,}i Yw�l111�3 �IullJ}{;1�s.J i \+��I11MNJ �0{ A •�p��JJtl µ • . y{ Jyyi.tt+ Ys�� - g.*+ itti alai WI W.2 10111 .FPLa O E . first ll 414447X19 •104 t:4ui /11.6� a411u'�n t 1"."4' I iI'a'°°} �a,1� {°iluai mnI.13110 lE 1115ynw2'37kRx°,3 +/� M4'•�14�N`• {1:034 noomsla ya. n 1 'ud.atil.r""� iiae0ai iii i�i� `.. i.. i ,.w, eee . o it kiui rim...in. 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I 114 t 11 _sI 'fill lo 0 W Is 11 ij 6 d EXHIBIT "B" ii 1, a_ s �; Tog DIij, Ls, 1g-1 lBi}b !} jbilkk}` i}Eii� j_1.11 Pit 11111 '0' }g ig : i�d l4 al 1111�iat`' 11 bia1� l�=tie���Ii I=gs`�� iE 1 1IIg 111 13) S14 ss i�aIe ° ! 411l811_r= :X1'11MpVVI;=l p;I1 �€ a �ir ;' i�� l! 1a�� i"r13ii 11 d II I 1! b la itjiIJj;jiIIiIij' r111i �� j11ik ig . ;11011111: 7 Rj.aVIR7.V I 4 wl acti RVW1i-eMe1. ,IV1 N Vi wm2V13H 131!J •3110 .J It b 1w j I :Y it A It yr lr jr4 _ a DR jje IIstE aHAS c � f w it S tn A Y j���RD� DjiDt�� at'� t$ , ;laj M.\ slist $'i! HE LLI lit ;J life g � f f R D �$ k; Y Cf_ _ yt gt o 1k k t f1uJ D=�F; o�� sir f_ diliz j�� t If .tt j 'D -s � ����• j $ �����s � � ; �il �i-fid Y aj �; ��! = k t6 k �a` � i•° � tY �r � a t Ds=�$ E �� 1� 1-�j$a:p � � �� � � �g , �.R �E`$,f � $YE• I jig i�E�¢��D � i s Re -awl D a i• j g d Yi 6 g L f #• z• I i--awl�� iidj■ i;; j�j s fj a i R �iR � t itt $a�s$ j�` ijjt big t ➢ $tj H! gk � joa Eej tt r6�j g 7-i k ;Dzi 1b $ 6a ! R 9 j jjc ii -s a $jY j R i gTt 08 j z Tg �=�f •tI izi iy �rY! jai; j - _ jf b R it jIF j3 � 1f t;€ MI i . iftDjjE �S s_ tj$k'a ��D .j � ka D! R g 4 a a 4 EXHIBIT "B" ""�a',�l_�yµ'.��ii��wiy1•'°o�i w�}�,nii y�i '�° '°riot taOlw�i•."W.{i w�H ntw "m�•1cN.,,i..�1 .N7 u1N.�J t t .•..1..w""�rwi •,.DOao1�.Iw N...w winlyvslb a. Z z r J 1 1 v si! k4 1 III 31 ! * Be bEa4 . '111 1 I k- 1 1 r 1 cli ;c a3 ki s 1 i jss g I!! Eq ! RC11 !d 41Ifil lie � ill! kpTe #{7 !III -! 111111111 11 I IN! lii Bel i I f !II 4111 !liailli 1 I Ali!" ell i ills 111; 'Ill iiTliiii IN IP 111;1111 illi B81 i .fil 11111:11 i I. 1b1 i -#i iiiRi ti 1 ii I ;yc s itakyl: [ k II!1A11 Ili 8H�` 11,11r ;i011111 p y s 1' i 6€ tstii £� Atli iliii # , t $ $i a Is kith r -t-'d is ¢p3 r 1 I j -1. § ! I IN!is:f �i 211�flKR" '_+-R3fe 6gs s�wg i � ! �- k i 4� ikji" III* a a ai$aiiia ii1 4askid /9111!e I� 131141 ;1 Ii kkk k kh 's s ti li k ` s?fit ii l � s `i 8 ti- dd is-- _e $€ r f 8 $-�g�-g'¢-1 IX X%1 R i oil 111 I s1$ks 15-11 g ! 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CCCV a A 4.1 14 EXHIBIT "B" ""i:i i'«' 1t oLI loauumsu 17,14 13011 a -z r 0 .jK N L a a r- a 8 N 11 a ai 16 xi ii 1 4 6 i t i 1 1 1 1 1 1 .14 i i 1!I 1 i it: i L ,: l • alk r i ! tai Ill �4 ids g #11 ti g tie $ 'Fill;hill l II i ii �I i sa= s • : s IP dill ii !II {3 is _ if!! s1ga Ft: ti ; $i if!! 1_i5 111=1. i fil 'Ai Ili 1,�s1� ii 1i it 1/1:111'; anti lilt €b joi bt 11 -1-.41111.614111ilb' SPISPLi ginii!iI!iIiHii!iii A .4 4 4,4 .:a a 0 a V W i 12 9 a 9 _111 kip ads= 1.10 y - 414 46 rq 111ryNIIM4J *Osage Ail u INJNMI .141 J. JK114 44 uro441 44 eM4�i':444J.1 441tlloltr • 4 01114 N 10044.' .4646 444 aY» 44 ,44143;11h44'�:1r1 4I "wli •ul Ir w�armw 1nli ,JLr0 $ ■ ■ IMO E 1 1 6 S 4 _r s N r. 4 W a 2 1 r 1 g 1 F 1 } 0 OPERATIONS .I 714 1x 11�1Y1N 1011114111I111J 11M , A 11114141!1J411uI Al Al A 41111NN►4101111:134 91 / w:11. 11u1 all a f'.907I00141 M WI w111 41 1 0 0 1 .N11h1Vw 4JMd 09 p. /i 1141 419 14 10 W1nIVU510 1 13111 13170 qi, t SRR_ ikt �� ROAN 5 I tttg S. W3:9_k4 II ia- _ 3 if•ilia a J S J « p +ASVSSBrut In p _r s N r. 4 W a 2 1 r 1 g 1 F 1 } 0 OPERATIONS .I 714 1x 11�1Y1N 1011114111I111J 11M , A 11114141!1J411uI Al Al A 41111NN►4101111:134 91 / w:11. 11u1 all a f'.907I00141 M WI w111 41 1 0 0 1 .N11h1Vw 4JMd 09 p. /i 1141 419 14 10 W1nIVU510 1 13111 13170 Client#: 148784 AUSTITRAI ACORDn. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDNYYY) 4/021201.4 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 - USI Southwest Austin 7600-B N. Capital of TX Hwy #200 Austin, TX 78731 512 451-7555 CONTACT NAME: PHONE FAX (Arc, No, Ext): 512 451-7555 j (FA/AX No): 512 467-0113 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A Zurich American Insurance Co. 16535 INSURED Austin Traffic Signal Construction Co., Inc. & ATS Drilling, Inc. P.O. Box 130 Round Rock, TX 78680 INSURER B : American Guarantee & Liability 26247 an Federal Insurance Com INSURER c: Company 20281 INSURER D : 03/01/2014 INSURER E: EACH OCCURRENCE INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE NSR W VD POLICY NUMBER POLICY EFF (MMlDD/YYYY) POLICY EXPMl (MDDlYYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY l— J OCCUR GL0483972302 03/01/2014 03/01/2015 EACH OCCURRENCE $1,000,000 PREMISES Ea RENTED $100,000 CLAIMS -MADE MED EXP (Any one person) $10,000 � _— PERSONAL & ADV INJURY --$1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECTPRO ! 1 LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X '— , X —_$ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS __ X SCHEDULED AUTOS NONOWNED AUTOS BAP483972402 03/01/2014 03/01/2015 (EaaBcdeDj INGLELIMIT $1,000,000 , BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident)_ B X UMBRELLA LIAB !X EXCESS LIAB OCCUR CLAIMS -MADE AUC549084902 03/01/2014 03/01/2015 EACH OCCURRENCE $20,000,000 $20,000,000 AGGREGATE DED 1 RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVErY --N OFFICER/MEMBER EXCLUDED? N (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC483972202 03/01/2014 03/01/2015X9Ry JMiI'._..._...lEa. _____..____ E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT S1,000,000 C Installation Floater 06639633 03/01/2014 03/01/2015 $350,000 limit $1,000 deductible DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Job #1617 - Signal Relocation @ Redbud & Forest Creek The General Liability and Auto policies include a blanket automatic Additional Insured endorsement that provides Additional Insured status to the Certificate Holder (and other entities as required by the Prime Contract), only when there is a written contract that requires such status and only with regard to work performed on behalf of the named insured. The General Liability, Auto and Workers Compensation policies (See Attached Descriptions) CERTIFICATE HOLDER CANCELLATION City of Round Rock 221 E Main Street 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 W ACORD 25 (2010/05) 1 of 2 #S11953000/M11695712 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CLEHB Additional Insured — Owners, Lessees Or Contractors — ZURICH Completed Operations — Scheduled Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. GL0483972302 03/01/2014 03/01/2015 03/01/2014 contract or written agreement executed agreement executed prior to loss, except THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part SCHEDULE Name of Person or Organization: Location and Description of Completed Operations: Additional Premium: Any person or organization to whom or to Any Location or project where you are Included which you are required to provide required to provide additional insured additional insured status in a written status in a written contract or written contract or written agreement executed agreement executed prior to loss, except prior to the loss except where such where such contract or agreement is contract or agreement is prohibited by law. prohibited by law, and where that contract requires ISO CG2010/CG2037 10/ 2001 edition forms or the equivalent of same. Section II — Who Is An Insured is amended to include as an insured any person or organization shown in the Schedule of this endorsement, but only with respect to liability arising out of "your work" at or from the corresponding location designated and described in the Schedule performed for that insured and included in the "products -completed operations hazard". However, if you have entered into a construction contract with an additional insured person or organization shown in the Schedule of this endorsement, the insurance afforded to such additional insured only applies to the extent permitted by law. All other terms and conditions of this policy remain unchanged. U -GL -1466-D CW (12-13) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Bond # 82327775 PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF WILLIAMSON ThatAustin Traffic Construction Company, incof the City of Pflugerville , County of Travis and State of Texas , as Principal, and Federal 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 Forty Nirae Thousand Four Hundred Eleven and 40/100 Dollars ($ 49,411.40 ) 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 7th day of April , 2014 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: Traffic Signal Relocation at the intersection of Redbud and Forest Creek, Round Rock, Texas (Name of the Project) 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. 1N WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 7th day of April , 2014 . Austin Traffic Construction Company, Inc. Principal Edward G. Schroeder, Jr. Printed Name By: Title: Vice President Address: 4615 Priem Lane Pflugerville, TX 78660 esident A ° ent of Surety: Att AA. Signature Vena De Lene Marshall Printed Name Aon Risk Services Southwest Inc. 2711 N. Haskell Ave., Suite 800 Street Address Dallas, TX 75204 City, State & Zip Code 00610 7-2009 00090656 Federal Insurance Company Surety V. DeLene Marshall Printed Name By: 1��9 Title: At orney-In-Fact Address: 15 Mountain View Road Page 2 Warren, NJ 07059 Performance Bond Bond # 82327775 PAYMENT BOND THE STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF WILLIAMSON That Austin Traffic Construction Company, Inc. of the City of Pflugerville , County of Travis , and State of Texas as Principal, and Federal Insurance Company authorized under the laws of the State of Texas to act as Surety on Bonds for Principals, are held and firmly bound unto THE CITY OF ROUND ROCK, (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 Forty Nine Thousand Four Hundred Eleven and 40/100 Dollars ($ 49,411.40 ) 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 7th day of April , 2014 , 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 Traffic Signal Relocation at the intersection of Redbud and Forest Creek, Round Rock, Texas (Name of the Project) 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 2 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 7th day of April , 2014 . Austin Traffic Construction Company, Inc. Federal Insurance Company Principal B Title: Vice President Address: 4615 Priem Lane Pflugerville, TX 78660 ident Agent of Surety: Signature Vena De Lene Marshall Printed Name Aon Risk Services Southwest Inc. 2711 N. Haskell Ave., Suite 800 Street Address Dallas, TX 75204 City, State & Zip Code 00620 7-2009 00090656 Surety V. DeLene Marshall Page 2 Pr' te. a By: Title; Attorney- n -Fact Address: 15 Mountain View Road Warren, NJ 07059 Payment Bond Chubb Surety CHUBB POWER OF ATTORNEY Federal Insurance Company Attn: Surety Department Vigilant Insurance Company 15 Mountain View Road Pacific Indemnity Company Warren, NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Lisa M. Bonnot, Don E. Cornell, V. DeLene Marshall, Robbi Morales and Ricardo J. Reyna of Dallas, Texas each as their true and lawful Attomey- in- Fact to execute under such designation In their names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than ball bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the modification or alteration of any instrument referred to in said bonds or obligations. In Witness Whereof, said FEDERAL INSURANCE COMPIY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY have each executed and attested these presents and affixed their corporate seals on this 14 day of January, 2014. awn M. Chioros, Assistant Secretary STATE OF NEW JERSEY ss. County of Somerset On this 14th day of January, 2014 before me, a Notary Public of New Jersey, personally Came Dawn M. Chloros, to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY, the companies which executed the foregoing Power of Attorney, and the said Dawn M. Chloros; being by me duly swom, did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of the By- Laws of said Companies; and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authority, and that she is acquainted with David B. Norris, Jr., and knows him to be Vice President of said Companies; and that the signature of David 8. Norris, Jr., subscribed to said. Power of Attorney Is in the genuine handwriting of David B. Noris, Jr., and was thereto subscribed by authority of said By- Laws and in deponent's presence. Notarial Seal KATHERINE J. ADEIAAR NOTARY PUBUC OF NEW JERSEY No 2316685 Commission Expires July 16, 2014 CERTIFICATION Extract from the By- Laws of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY: 'A11 powers of attorney for and on behalf of the Company may and shall be executed In the name and on behalf of the Company, either by the Chairman or the President or a Vice President or an Assistant Vice President, jointly with the Secretary or an Assistant Secretary, under their respective designations. The signature of such officers may be engraved, printed or lithographed. The signature of each of the following officers: Chairman, President, any Vice President, any Assistant Vice President, any .Secretary, any Assistant Secretary and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Assistant Secretaries or Attorneys- In- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate beating such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached.' I, Dawn M. Chloros, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INDEMNITY COMPANY (the -Companies') do hereby certify that (I) the foregoing extract of the By- Laws of the Companies is true and correct, (ii) the Companies are duly licensed and authorized to transact surety business in all 50 of the United States of America and the District of Columbia and a(5_,_.,, authorized by the U.S. Treasury Department further, Federal and Vigilant are licensed in the U.S. Virgin Islands, and Federal is licensed in American ., • Samoa, Guam, Puerto Rico, and each of the Provinces of Canada except Prince Edward Island; and (iii) the foregoing Power of Attorney le true, correct and in full force and affect. Given under my hand and seals of said Companies at Warren, NJ this 7th day of April, 2014. .Jait),J1`YYI. @Klo& Dawn M. Chloros, Assistant Secretary IN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM, VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER, PLEASE CONTACT US AT ADDRESS LISTED ABOVE; OR BY Telephone (908) 903- 3493 Fax (908) 903- 3656 e-mail: surety@chubb.com Form 15-10- 0225B- U (Ed. 5-13) CONSENT CHUBB CHUBB GROUP OF INSURANCE COMPANIES Surety Department ,15 Mountain View Road, P.O. Box 1615, Warren, NJ 07061-1615 Phone: (908) 903-3485 • Facsimile; (908) 903-3656 To obt IMPORTANT NOTICE AVISO IMPORTANTE E information or make a complaint: Para obtener informaci6n o para someter una 4tteja: You may call Chubb's toll-free telephone number listed puede hamar al nimero de telefouo gratis for information or to make a complaint at de Chubb's para itrformacidn o para someter una queJa al 1— 00 -36 -CHUBS 1 -$00 -36 -CHUBS You may contact the Texas Department of Puede co.niunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at de companias, caherturas, derechos a quejas al 1-800-252-3439 You may write the Texas Department of Insurance P.U. Box 149104 Austin, TX 78714-9104 FAX ,# (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectiou@tdi.state.tx.us PREMIUM OR CLAIM DISPUTES; Shouldyou have adispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Departnment of Insurance, ATTACH THIS NOTICE' TO YOUR POLICY: This notice is for information only arid does not become a part or condition of the attached document. Frn“Ai- P.!-tR:74 i R:�. 7 •� 3 i 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P.O. Box 149104 Austin, TX 78714-9104 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 ft suprima o a un reelamo, deie comunicarse con et agente primero. Si no se resueve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este avisc) es solo para proposito de informaci6n y no se convierte en parte o conilicign del documento adjunto.