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Contract 49566
CITY SECRETARYj. CITY SECRETARY CONTRACT NO. U) D.O.E. FILE CONTRACTOR'S BONDING Co- FORTWORTH CONSTRUCTION'S COPY CLIENT DEPARTMENT PROJECT MANUAL FOR THE CONSTRUCTION OF Q`r G TRAFFIC SIGNA;,INFTr`.AS T RUC T Utc"E REXENE " 28X11 L ( I �(�1c C ��� rIUau "I'll", IZY OFARY N � cIN sECR� , City Project No.40~ VA 9,l U L(S -W-0;t--C-T S Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig,P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth •• Transportation and Public Works Department April 2017 Kimley-Horn and Associates,Inc. TPBE Registered Firm No.F-928 801 Cherry Street,Unit 11, Suite 950 Fort Worth,Texas 76102 817-335-6511 Scott R.Arnold,P.E. (#96782) OF _ __ _ ,f�i.it..•.a............. ... atiii� SCOTT R.ARNOLD .............................� EOFFICIALON r 96782;.I.X ,... CERTIFICATE OF INTERESTED PARTIES FORM 3.295 lofl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-204822 EAR Telecommunications, LLC Pflugerville, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form is 05/09/2017 being filed. The City of Fort Worth Date Acknow edged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. CPN 100963 Traffic Signal Infrastructure Construction Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Merida,Jose Luis Pflugerville,TX United States X Reyes, Carlos Pflugerville, TX United States X 5 Check only if there is NO Interested Party, ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. NICOLE E LANGDON Nobiry ID N 129071635 My Comebssion Expires July 30,2020 Si a of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE (� Sworn to and subscribed before me,by the said + S 'R.e �_ this the ` 1t� day of�__ 20,� to certify which,witness my hand and seal of office. { tLD�, -F h fa VM t2 u Signature of officer administer4q oath Printed name of officer admibfstering oath Title of officer a ministering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 FORTWORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 000000-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pagel of 3 SECTION 00 00 00 a TABLE OF CONTENTS Division 00-General Conditions 00 05 10 Mayor and Council Communication 00 05 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 -General Requirements 01 1100 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 3216 Construction Progress Schedule 01 32 33 Preconstruction Video 013300 Submittals 01 35 13 Special Project Procedures _ 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 60 00 Product Requirements r 01 66 00 Product Storage and Handling Requirements 01 7000 Mobilization and Remobilization 01 7123 Construction Staking and Survey 01 7719 Closeout Requirements 01 7839 Project Record Documents CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised February 2,2016 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 34 -Transportation 3441 13 Removing Traffic Signals 3471 13 Traffic Control Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: hMs://proj eclpoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Specifications Division 02 -Existing Conditions 0241 13 Selective Site Demolition Division 26-Electrical 26 05 00 Common Work Results for Electrical 26 05 33 Raceways and Boxes for Electrical Systems 26 05 50 Communications Multi-Duct Conduit Division 32 -Exterior Improvements 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps Division 33-Utilities 33 05 30 Location of Existing Utilities Division 34 -Transportation 3441 10 Traffic Signals 3441 11 Temporary Traffic Signals 34 41 30 Aluminum Signs Appendix GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates — Modified City of Fort Worth Specifications TxDOT Specifications (416, 686,and 687) END OF SECTION CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised February 2,2016 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/20/2017 DATE: Tuesday, June 20, 2017 REFERENCE NO.: **C-28279 LOG NAME: 202017 TRAFFIC SIGNAL INFRASTRUCTURE SUBJECT: Authorize Execution of a Unit Price Contract with EAR Telecommunications, LLC, in the Amount Up to $500,000.00 for Task Order Construction Services for Traffic Signal Infrastructure Improvements (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize the execution of a Unit Price Contract with EAR Telecommunications, LLC, in the amount up to $500,000.00 for task order construction services for traffic signal infrastructure improvements with a term of one-year and providing for two renewal options at the earlier expiration of the funds or time. DISCUSSION: This contract will provide for construction services on an as-needed (task order) basis for the construction of traffic signal infrastructure improvements such as the installation of conduit, traffic signal pole foundations, ground boxes, signal equipment and curb ramps. The contract amount is capped at $500,000.00, but may be increased or decreased due to the amount of work ordered through change orders. The project was bid in a low bid format to determine unit prices to be paid when task orders are issued. Notice of bids was published in the Fort Worth Star-Telegram on April 13, 2017 and April 20, 2017. On May 4, 2017, two companies submitted a bid as follows: CONTRACTORS BID: EAR Telecommunications, LLC $729,193.65 Durable Specialties, Inc. $1,088,105.00 EAR Telecommunications, LLC, has been determined to be a responsive bidder and the unit prices in the bid were compared to recent, similar projects. Staff feels the unit prices submitted by EAR Telecommunications, LLC, are fair and competitive. M/WBE OFFICE: EAR Telecommunications, LLC, is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation. The City's MBE goal on this project is 10 percent. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation funds will be available in the current operating budget, as appropriated, of the Transportation and Public Works Department, further, funds will be available in various capital projects, on a project by project basis, and that prior to an expenditure being made the participating Department has the responsibility to validate the availability of funds. Logname: 202017 TRAFFIC SIGNAL INFRASTRUCTURE Page 1 of 2 FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year ChartfieId 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Samuel Werschky (6080) ATTACHMENTS 1. 100963 ComplianceMemo.pdf (CFW Internal) 2. EAR Telecommunications Form 1295.pdf (Public) Logname: 202017 TRAFFIC SIGNAL INFRASTRUCTURE Page 2 of 2 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Traffic Signal Infrastructure will be received by the City of 5 Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 200 Texas Street 10 Fort Worth,Texas 76102 11 Until 1:30 P.M. CST,Thursday,May 4,2017,and bids will be opened publicly and read aloud at 12 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The major work will consist of the(approximate)following: removals,traffic signal conduit, 16 ground boxes,and foundations; curb ramps, and installation of City supplied traffic signal poles 17 and arms. 18 19 TIME PERIOD 20 The time period of this Agreement will be for one calendar year or the expiration of the funding, 21 whichever occurs last. The City reserves the right to renew the Contract for up to two(2) 22 additional time periods under the same terms, conditions and unit prices. The City shall provide 23 at least sixty(60)days' notice to the Contractor of the City's intent to renew. 24 25 PREQUALIFICATION 26 There are no prequalifications required for this project. 27 28 DOCUMENT EXAMINATION AND PROCUREMENTS 29 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 30 of Fort Worth's Purchasing Division website at htip://www.fortworthtexas.2ov/purchasina/and 31 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 32 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 33 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 34 Parties Form 1295 and the form must be submitted to the Project Manager before the 35 contract will he presented to the City Cnuncil,The form can be obtained at _ 36 https://www.ethics.state.tx.us/tec/1295-Info.htm . 37 38 Copies of the Bidding and Contract Documents will not be available for purchase. 39 40 PREBID CONFERENCE 41 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 42 BIDDERS at the following location,date,and time: 43 DATE: April 25,2017 44 TIME: 9:00 AM CST 45 PLACE: 5000 James Avenue 46 Fort Worth,Texas 76115 47 LOCATION: City of Fort Worth James Avenue Service Center,Traffic Management 48 49 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised December 22,2016 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 2 City reserves the right to waive irregularities and to accept or reject bids. 3 4 INQUIRIES 5 All inquiries relative to this procurement should be addressed to the following: 6 Attn: Kassem Elkhalil,P.E., City of Fort Worth 7 Email: Kassem.elkhalil@fortworthtexas.gov 8 Phone: (817) 392-8742 9 AND/OR _ 10 Attn: Scott R. Arnold,P,_F.=,Ki_mley-Horn and Associates,Inc. 11 Email: scott.arnold@kimley-horn.com 12 Phone: (817)335-6511 13 14 ADVERTISEMENT DATES 15 April 13,2017 16 April 20,2017 17 18 END OF SECTION CITY OF FORT WORTH Traffic Signal Infrastructure i STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised December 22,2016 002113-1 INSTRUCTIONS TO BIDDERS Pagel of 8 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 — 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00 - GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm,partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm,partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose ® 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 33 34 3.1.There are no prequalifications required for this project. 35 36 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 37 38 4.1.Before submitting a Bid, each Bidder shall: 39 40 4.1.1. Examine and carefully study the Contract Documents and other related data 41 identified in the Bidding Documents (including"technical data"referred to in 42 Paragraph 4.2.below). No information given by City or any representative of the 43 City other than that contained in the Contract Documents and officially 44 promulgated addenda thereto, shall be binding upon the City. 45 46 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 47 site conditions that may affect cost,progress,performance or famishing of the 48 Work. 49 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised January 18,2017 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 8 1 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 2 progress,performance or furnishing of the Work. 3 4 4.1.4.Be advised that the Contract Documents on file with the City shall constitute all of 5 the information which the City will furnish. All additional information and data 6 which the City will supply after promulgation of the formal Contract Documents 7 shall be issued in the form of written addenda and shall become part of the Contract 8 Documents just as though such addenda were actually written into the original 9 Contract Documents.No information given by the City other than that contained in 10 the Contract Documents and officially promulgated addenda thereto, shall be 11 binding upon the City. 12 13 4.1.5. Perform independent research, investigations, tests, borings, and such other means —• 14 as may be necessary to gain a complete knowledge of the conditions which will be 15 encountered during the construction of the project. On request, City may provide 16 each Bidder access to the site to conduct such examinations, investigations, 17 explorations, tests and studies as each Bidder deems necessary for submission of a 18 Bid. Bidder must fill all holes and clean up and restore the site to its former 19 conditions upon completion of such explorations, investigations,tests and studies. 20 21 4.1.6. Determine the difficulties of the Work and all attending circumstances affecting the 22 cost of doing the Work, time required for its completion, and obtain all information 23 required to make a proposal. Bidders shall rely exclusively and solely upon their 24 own estimates, investigation, research,tests, explorations, and other data which are 25 necessary for full and complete information upon which the proposal is to be based. 26 It is understood that the submission of a proposal is prima-facie evidence that the 27 Bidder has made the investigation, examinations and tests herein required. Claims 28 for additional compensation due to variations between conditions actually 29 encountered in construction and as indicated in the Contract Documents will not be 30 allowed. 31 32 4.1.7. Promptly notify City of all conflicts, errors,ambiguities or discrepancies in or 33 between the Contract Documents and such other related documents. The Contractor 34 shall not take advantage of any gross error or omission in the Contract Documents, 35 and the City shall be permitted to make such corrections or interpretations as may 36 be deemed necessary for fulfillment of the intent of the Contract Documents. 37 38 4.2. The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 39 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 40 exception the Bid is premised upon performing and furnishing the Work required by the 41 Contract Documents and applying the specific means,methods, techniques, sequences or 42 procedures of construction(if any) that may be shown or indicated or expressly required 43 by the Contract Documents, (iii)that Bidder has given City written notice of all 44 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 45 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, — 46 etc., have not been resolved through the interpretations by City as described in 47 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 48 and convey understanding of all terms and conditions for performing and furnishing the �. 49 Work. 50 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised January 18,2017 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 8 1 4.3.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos, Polychlorinated 2 biphenyls(PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 3 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 4 Documents. 5 6 5. Availability of Lands for Work,Etc. 7 8 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 9 access thereto and other lands designated for use by Contractor in performing the Work 10 are identified in the Contract Documents. All additional lands and access thereto 11 required for temporary construction facilities, construction equipment or storage of 12 materials and equipment to be incorporated in the Work are to be obtained and paid for 13 by Contractor. Easements for permanent structures or permanent changes in existing 14 facilities are to be obtained and paid for by City unless otherwise provided in the 15 Contract Documents. 16 17 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 18 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 19 of-way, easements, and/or permits are not obtained, the City reserves the right to cancel 20 the award of contract at any time before the Bidder begins any construction work on the 21 project. 22 23 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 24 way, easements, and/or permits, and shall submit a schedule to the City of how 25 construction will proceed in the other areas of the project that do not require permits 26 and/or easements. 27 28 6. Interpretations and Addenda 29 30 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 31 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 32 received after this day may not be responded to. Interpretations or clarifications 33 considered necessary by City in response to such questions will be issued by Addenda 34 delivered to all parties recorded by City as having received the Bidding Documents. 35 Only questions answered by formal written Addenda will be binding. Oral and other 36 interpretations or clarifications will be without legal effect. 37 38 Address questions to: 39 40 City of Fort Worth 41 1000 Throckmorton Street 42 Fort Worth,TX 76102 43 Attn: Kassem Elkhalil, P.E.,Transportation and Public Works 44 Email: Kassem.elkhalil@fortworthtexas.gov 45 Phone: (817) 392-8742 46 47 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 48 City. 49 50 51 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised January 18,2017 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 8 1 6.3.Addenda or clarifications may be posted via Buzzsaw at; 2 https://projectpoint.buzzsaw.com/fortworthgov/Infrastructure%20Projects/l00963%20- 3 %20TPW-Traffic%20Signal%20InfrastructureBid%20Documents%20Package?public 4 5 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 6 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 7 Project. Bidders are encouraged to attend and participate in the conference. City will 8 transmit to all prospective Bidders of record such Addenda as City considers necessary 9 in response to questions arising at the conference. Oral statements may not be relied 10 upon and will not be binding or legally effective. 11 12 7. Bid Security 13 14 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 15 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 16 the requirements of Paragraphs 5.01 of the General Conditions. 17 18 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 19 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 20 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 21 default,rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 22 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 23 other Bidders whom City believes to have a reasonable chance of receiving the award 24 will be retained by City until final contract execution. 25 26 8. Contract Times 27 The number of days within which, or the dates by which, Milestones are to be achieved in 28 accordance with the General Requirements and the Work is to be completed and ready for 29 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 30 attached Bid Form. The City may renew this Agreement for up to two(2)additional time 31 periods under the same terms, conditions and unit prices. The City shall provide at least sixty 32 (60)days' notice to the Contractor of the City's intent to renew. 33 34 9. Liquidated Damages 35 Provisions for liquidated damages are set forth in the Agreement. _ 36 37 10. Substitute and "Or-Equal" Items 38 The Contract,if awarded,will be on the basis of materials and equipment described in the 39 Bidding Documents without consideration of possible substitute or"or-equal" items. 40 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 41 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 42 City, application for such acceptance will not be considered by City until after the Effective 43 Date of the Agreement. The procedure for submission of any such application by Contractor 44 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 45 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 46 t CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised January 18,2017 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 8 1 11. Subcontractors, Suppliers and Others 2 3 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 4 12-2011 (as amended), the City has goals for the participation of minority business 5 and/or small business enterprises in City contracts. A copy of the Ordinance can be 6 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 7 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 8 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 9 Venture Form as appropriate. The Forms including documentation must be received Y 10 by the City no later than 2:00 P.M. CST, on the second business days after the bid 11 opening date. The Bidder shall obtain a receipt from the City as evidence the 12 documentation was received. Failure to comply shall render the bid as non- 13 responsive. 14 15 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 16 or organization against whom Contractor has reasonable objection. 17 18 12. Bid Form 19 20 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 21 obtained from the City. 22 23 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 24 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 25 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 26 price item listed therein. In the case of optional alternatives, the words "No Bid," 27 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, 28 written in ink in both words and numerals, for which the Bidder proposes to do the 29 work contemplated or furnish materials required. All prices shall be written legibly. 30 In case of discrepancy between price in written words and the price in written 31 numerals,the price in written words shall govern. 32 33 12.3. Bids by corporations shall be executed in the corporate name by the president or a 34 vice-president or other corporate officer accompanied by evidence of authority to g 35 sign. The corporate seal shall be affixed. The corporate address and state of 36 incorporation shall be shown below the signature. 37 38 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 39 partner, whose title must appear under the signature accompanied by evidence of 40 authority to sign. The official address of the partnership shall be shown below the 41 signature. 42 43 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 44 member and accompanied by evidence of authority to sign. The state of formation of 45 the firm and the official address of the firm shall be shown. 46 47 12.6. Bids by individuals shall show the Bidder's name and official address. 48 49 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 50 indicated on the Bid Form. The official address of the joint venture shall be shown. 51 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised January 18,2017 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 8 1 12.8. All names shall be typed or printed in ink below the signature. 2 3 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 4 which shall be filled in on the Bid Form. 5 6 12.10. Postal and e-mail addresses and telephone number for communications regarding the 7 Bid shall be shown. 8 9 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 10 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 11 to State Law Non Resident Bidder. 12 13 13. Submission of Bids -- 14 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 15 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 16 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed _ 17 envelope, marked with the City Project Number, Project title,the name and address of 18 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 19 through the mail or other delivery system, the sealed envelope shall be enclosed in a separate 20 envelope with the notation "BID ENCLOSED" on the face of it. 21 22 14. Modification and Withdrawal of Bids 23 24 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 25 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 26 must be made in writing by an appropriate document duly executed in the manner 27 that a Bid must be executed and delivered to the place where Bids are to be submitted 28 at any time prior to the opening of Bids. After all Bids not requested for withdrawal 29 are opened and publicly read aloud, the Bids for which a withdrawal request has been 30 properly filed may, at the option of the City,be returned unopened. 31 32 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 33 time set for the closing of Bid receipt. 34 35 15. Opening of Bids 36 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 37 abstract of the amounts of the base Bids and major alternates (if any)will be made available 38 to Bidders after the opening of Bids. 39 40 16. Bids to Remain Subject to Acceptance 41 All Bids will remain subject to acceptance for the time period specified for Notice of Award 42 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 43 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 44 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised January 18,2017 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 8 1 17. Evaluation of Bids and Award of Contract 2 3 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 4 to reject any or all nonconforming, nonresponsive,unbalanced or conditional Bids 5 and to reject the Bid of any Bidder if City believes that it would not be in the best 6 interest of the Project to make an award to that Bidder,whether because the Bid is 7 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 8 meet any other pertinent standard or criteria established by City. City also reserves 9 the right to waive informalities not involving price, contract time or changes in the 10 Work with the Successful Bidder. Discrepancies between the multiplication of units 11 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 12 between the indicated sum of any column of figures and the correct sum thereof will 13 be resolved in favor of the correct sum. Discrepancies between words and figures 14 will be resolved in favor of the words. 15 .� 16 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 17 among the Bidders, Bidder is an interested party to any litigation against City, 18 City or Bidder may have a claim against the other or be engaged in litigation, 19 Bidder is in arrears on any existing contract or has defaulted on a previous 20 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 21 Bidder has uncompleted work which in the judgment of the City will prevent or _ 22 hinder the prompt completion of additional work if awarded. 23 24 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 25 other persons and organizations proposed for those portions of the Work as to which 26 the identity of Subcontractors, Suppliers, and other persons and organizations must 27 be submitted as provided in the Contract Documents or upon the request of the City. 28 City also may consider the operating costs, maintenance requirements,performance s 29 data and guarantees of major items of materials and equipment proposed for 30 incorporation in the Work when such data is required to be submitted prior to the 31 Notice of Award. 32 33 17.3. City may conduct such investigations as City deems necessary to assist in the 34 evaluation of any Bid and to establish the responsibility, qualifications, and financial 35 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 36 organizations to perform and furnish the Work in accordance with the Contract 37 Documents to City's satisfaction within the prescribed time. 38 39 17.4. Contractor shall perform with his own organization,work of a value not less than 40 35% of the value embraced on the Contract,unless otherwise approved by the City. 41 42 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 43 responsive Bidder whose evaluation by City indicates that the award will be in the 44 best interests of the City. 45 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised January 18,2017 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 8 1 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 2 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 3 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 4 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 5 comparable contract in the state in which the nonresident's principal place of 6 business is located. 7 8 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 9 to be awarded, City will award the Contract within 90 days after the day of the Bid 10 opening unless extended in writing. No other act of City or others will constitute 11 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 12 the City. 13 {- 14 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 15 16 18. Signing of Agreement 17 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 18 required number of unsigned counterparts of the Agreement. Within 14 calendar days 19 thereafter Contractor shall sign and deliver the required number of counterparts of the 20 Agreement to City with the required Bonds, Certificates of Insurance, and all other required 21 documentation. City shall thereafter deliver one fully signed counterpart to Contractor. 22 23 24 25 END OF SECTION CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised January 18,2017 E4gT� I Building Tomorrow's 00 35 13-1 CONFLICT OF INTEREST AFFIDAVIT „ Infrastructure Today. Page 1 of 1 SECTION 00 3513 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror,or respondent(hereinafter also referred to as"you')to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law. This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work. The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tXAISIforms/C1Q.pol 12 13 littp://wxa��,.etliics.state.tx.tis/forms/CIS.pdf 14 15 Q CIQ Form is on file with City Secretary 16 �.. 17XQ CIQ Form is being provided to the City Secretary 18 19 Q CIS Form is on File with City Secretary 20 21XQ CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 EAR Telecommunications,LLC By: Carlos Reyes 28 Company (Please Printf 29 30 20325 Crooked Stick Dr. Signature: 31 Address 32 33 Pflugerville,TX 78660 Title: President/Owner 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised March 27,2012 E4gTC �w�rm�. mnmwm,n Today. CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code.An offense under this section is a misdemeanor. jJ Name of vendor who has a business relationship with local governmental entity. None 2 F] Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information is being disclosed. None Name of Officer 4 Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes F-1No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes F-] No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. None 6 E] Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). 7 , None 5/4/2017 Signature of vendor doing business with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.Ix.us Revised 11/30/2015 EARTC I�w 2 o&y . CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at httpJ/www.statutes.legis.state.b(.us/ Docs/LG/htm/LCx176.htm. For easy reference,below are some of the sections cited on this form. Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public;or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. Local Government Code§176.003(a)(2)(A)and(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code§176.006(a)and(a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,or a family member of the officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application,response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 EARTCI LOCAL GOVERNMENT OFFICER FORM CIS CONFLICTS DISCLOSURE STATEMENT (Instructions for completing and filing this form are provided on the next page.) This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require the officer to file this statement Date Received in accordance with Chapter 176,Local Government Code. Name of Local Government Officer None 2 Office Held None 3 Name of vendor described by Sections 176.001(7)and 176.003(a), Local Government Code EAR Telecommunications, LLC 4 Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. None 51 List gifts accepted by the local government officer and any family member,if aggregate value of the gifts accepted from vendor named in item 3 exceeds$100 during the 12-month period described by Section 176.003(a)(2)(B). None Date Gift Accepted Description of Gift Date Gift Accepted Description of Gift None Date Gift Accepted Description of Gift None (attach additional forms as necessary) 61 AFFIDAVIT I swear under penalty of perjury that the above statement is true and correct. I acknowledge that the disclosure applies to each family member(as defined by Section 176.001(2), Local G er ent Code) of this local government officer. I also acknowledge that this statement cover he 12-month period described by Section 176.003(a)(2)(B), Local Government Code. RICARDO N.TOME Notary ID # 128857441 My Commission Expires None January 26,2020 "EOi Signature of Local Government Officer AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me,by the said riiiir this the day of ' 1 —20 ,to certify which,witness my hand and seal of office. �T�T���� 11 Carlos Reyes President Signature o i administering oath Printed name of officer administering oath Title of officer administering oath Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 �- �4qT�I Iffhas p7omoroday Infrashucture Today. LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT Section 176.003 of the Local Government Code requires certain local government officers to file this form. A"local government officer"is defined as a member of the governing body of a local governmental entity;a director,superintendent, administrator,president,or other person designated as the executive officer of a local governmental entity;or an agent of a local governmental entity who exercises discretion in the planning,recommending,selecting,or contracting of a vendor. This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m.on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of this statement. A local government officer commits an offense if the officer knowingly violates Section 176.003,Local Government Code. . An offense under this section is a misdemeanor. Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. INSTRUCTIONS FOR COMPLETING THIS FORM The following numbers correspond to the numbered boxes on the other side. 1. Name of Local Government Officer. Enter the name of the local government officer filing this statement. 2. Off lee Held. Enter the name of the office held by the local government officer filing this statement. 3.Name of vendor described by Sections 176.001(7)and 176.003(a),Local Government Code. Enter the name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or other business relationship with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A),Local Government Code;b)has given to the local government officer or a family member of the officer one or more gifts as described by Section 176.003(a)(2)(B), Local Government Code;or c)has a family relationship with the local government officer as defined by Section 176.001(2-a),Local Government Code. 4. Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. Describe the nature and extent of the employment or other business relationship the vendor has with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A),Local Government Code,and each family relationship the vendor has with the local government officer as defined by Section 176.001(2-a),Local Government Code. 5. List gifts accepted,if the aggregate value of the gifts accepted from vendor named in item 3 exceeds$100. List gifts accepted during the 12-month period(described by Section 176.003(a)(2)(B),Local Government Code)by the local government officer or family member of the officer from the vendor named in item 3 that in the aggregate exceed$100 in value. 6.Affidavit. Signature of local government officer. Local Government Code§176.001(2-a): "Family relationship"means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity,as those terms are defined by Subchapter B,Chapter 573,Government Code. Local Government Code§176.003(a)(2)(A): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a x family member of the officer that results in the officer or family member receiving taxable income, other than investment income,that exceeds$2,500 during the 12-month period preceding the date that the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering into a contract with the vendor. Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager 4 c/o:The Purchasing Division 200 Texas Street City of Fort Worth,Texas 76102 FOR: Traffic Signal Infrastructure City Project No.: 100963 Units/Sections: Unit 1 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 calendar days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association,organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Infrastructure Form Revised 20150821 City Project No.100963 00 41 00 BID FORM Page 2 of 3 d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. None 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within the days specified in each task order. Work shall begin within 5 business days of receipt of task order. Additional days will be granted at the discretion of the City due to inclement weather to complete work orders. Time suspension requests for weather delays will not be required. Weather days will be determined by the Engineering Manager or Designee and will be — tracked on a monthly calendar. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement and/or task order. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Conflict of Interest Affidavit, Section 00 35 13 'If necessary, CIQ or CIS forms are to be provided directly to City Secretary g. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3 Total Bid $0.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Infrastructure Form Revised 20150821 City Project No.100963 4100 n fradstructure Today. FORM M RM Page 3 of 3 7. Bid Submittal This Bid is submitted on 5/4/2017 by the entity named below. Respectfully submitted, Receipt is acknowledged of the following Addenda: Initial By: Addendum No. 1 JSig Addendum No.2: Addendum No. 3: Ca os Reyes JAddendum No.4: (Printed Name) Title: President/Owner Company: EAR Telecommunications, LLC Corporate Seal: Address: 20325 Crooked Stick Dr. — Pflugerville,TX 78660 State of Incorporation: Texas Email carlos.reyes4eartc con t Phone: (512)840-1868 or(512)850-1490 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Infrastructure Form Revised 20150821 City Project No.100963 44 x 42 4-3 BID PROPOSAL Page=ns, 04 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Description Unit Price Bid Value � Item No. Section No. Measure Quantity 1 0241.0100 Remove_Sidewalk _ _ 0241 13 SF 250 $ 5.10 $ 1,275.00 2 2605.0111 Furnish/Install Elec Sery Pedestal 26 05 00 EA 2 $ 3,825.00 $ 7,650.00 _ __....._ �..._ _-._. .__ _ ...- �__ �___ -.___. 3 2605.0112 Install Elec Sery Pedestal 26 05 00 EA 2 $ 1,041.25 $ 2,082.50 r� 4 2605.3014 2"CONDT RM(Riser) 26 05 33 LF 200 $ 13.60 $ 2,720.00 5 2605.3015 2"CONDT PVC SCH 80(T) 26 05 33 LF 1000 $ 5.95 $_ 5,950.00 6 2605.3016 2"CONDT PVC SCH 80(B) _ 26 05 33 LF 500 $ 12.00 $ 6,000.00 7 2605.3024 3"CONDT RM(Riser) 26 05 33 LF 200 $- 15.30 $ 3,060.00 8 2605.3025 3"CONDT PVC SCH 80(T) 26 05 33 LF 1500 $ _6.80 $ 10,200.00 9..- 2605.3026 3"CONDT PVC SCH 80(B) - _ -- 26 05 33 _- LF.. - 2000 -$ -- 13.00 $ v26,000.00 10 2605.3033 4"CONDT PVC SCH 80(T) mmM - 26 05 33 LF 1500 _$ 6.80 $ 10,200.00 11 2605.3034 4"CONDT PVC SCH 80(B) 260533 LF 2000 $ _ 14.00 $ 28,000.00 12 2605.5001 Multi-Duct Conduit 26 05 50 LF 200 $ 7.00-4 1,400.00 13 3213.0301 4"Conc Sidewalk _ 32 13 20 SF 250 $ 4.30 $ 1,075.00 14 3213.0501 Barrier Free Ramp,Type R-1 32 13 20 EA 5 $ 981.75 $ 4,908.75 15 3213.0502 Barrier Free Ramp,Type U-1 32 13 20 EA 5--$ 1,275.00 $ 6,375.00 16_ 3213.05_03 Barrier Free Ramp,Type M71 -_..._ 32 13 20 EA 5 $ 1,280.95 $ 6,404.75 17 _ 3213.0504 Barrier Free Ramp,Type M-2 32 13 20 EA 5 $ 1,300.50 $ 6,502.50 18 3213.0505 Barrier Free Ramp,Type M-3 32 13 20 _EA 5 $ 1,326.00 $ 6,630.00 19 3213.0506 Barrier P Free Ramp,Type -1 32 13 20 EA 5_$ _935.00 $ 4,675.00 20 3213.0507 Barrier Free Ramp,Type P-2 32 13 20 EA 5 $ 1,028.50 $ 5,142.50 21 3213.0508 Barrier Free Ramp,Type C-1 32 13 20 EA 5 $ 935.00 $ 4,675.00 22 3213.0509 Barrier Free Ramp,Type C-2 32 13 20 EA 5 $ 935.00 $ 4,675.00 _ 23 3213.0510 Barrier Free Ramp,Type C-3 32 13 20 EA 5 $ 935.00 $ 4,675.00 _.__�_ _._.... ___..._._._._.__ __ _. _. _- _. __. ._ _______.--___-- _ _........__ _ _ _ 24 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 EA 50 $ 270.00 $ 13,500.00 25 3441.1501 Ground Box Type B 34 41 10 EA 2 $ 507.91 $ 1,015.82 26 3441.1502 Ground Box Type B,w/Apron 3441 10 EA 20 $ 824.50 $ 16,490.00 27 3441.1503 Ground Box Type D,w/Apron 3441 10 EA 20 $ 582.25 $ 11,645.00 28 3441.1504 Ground Box Type AS(TxDOT),w/Apron 3441 10 EA -2-$--.720.00 $ 1,440.00 29 3441.1505 Ground Box Type DS(TxDOT),w/Apron 3441 10 EA 2 $ 668.00 $ 1,336.00 30 3441.1617 Install Type 41 Signal Pole 3441 10 EA 10 $ 637.50 $ 6,375.00 31 3441.1618 Install Type 42 Signal Pole 34 41 10 EA 10 $ 637.50 $ 6,375.00 32 3441.1619 Install Type 43 Signal Pole 3441 10 EA 10 $ 637.50 $ 6,375.00 33 3441.1620 Install Type 44 Signal Pole 3441 10 EA 10 $ 637.50 $ 6,375.00 34 3441.1621 Install Type 45 Signal Pole 3441 10 EA 10 $ 637.50 $ 6,375.00 35 3441.1622 Install Type 46 Signal Pole 3441 10 EA 10 $ 637.50 $ 6,375.00 _ _.....__ ._.__ ..- _.... .__.-_._. _ .. .. ___... _ .. ....... . ....___._ . 36 3441.1701 TY 1 Signal Foundation 3441 10 EA 20 $ 552.50 $ 11,050.00 37 3441.1702 TY 2 Signal Foundation 3441 10 EA 10 $_595.00 $ 5,950.00 38 3441.1703WTY 3 Signal Foundation 3441 10 - EA 10 $ 1,487.50 $ 14,875.00 39 3441.1704 TY 4 Signal Foundation 344110 EA 10 $ 1,615.00 $ 16,150.00 40 3441.1705 TY 5 Signal Foundation 3441 10 EA 10 $ 2,210.00 $ 22,100.00 _41_ 3441.1713 Sinal Cabinet Foundation 3521 3441 10 EA 8 $ 1,020.00 $ 8,160.00 42 3441.1714 Signal Cabinet Foundation-350i 34 41 10 EA 2 $ 1,020.00 $ 2,040.00 _ . _ _. _ _... _.....:._. __ - .__ 43 3441.1715 Signal Cabinet Foundation-352i&BBU 34 41 10 EA 2 $ 1,020.00 $ 2,040.00 _ _._ _._.. _ . 44 3441.1716 Signal Cabinet Foundation-350i&BBU 3441 10 EA 2 $ 1,020.00 $ 2,040.00 45 3441.2002 Dispose of Full Traffic Signal 3441 13 LS 5 $ 585.23 $ 2,926.15 46 3441.2003 Dispose of Pole and Mast Arm Assembly 3441 13 EA_ 10 $ 522.35 $ 5,223.50 47 9999.0013 Install 16 ft Mast Arm - 34 41 10 EA 10 $ 760.00 $ 7,600.00_ 48� 9999.0014 Install 20 ft Mast Arm - - 3441 10 EA 10 $ 760.00 $ 7,600.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Infrastructure Fonn Revised 20120120 ON City Project No.100963 +w u 42 43 BID PROPOSAL Page w, •7 go SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Description Unit Price Bid Value � Item No. Section No. Measure Quantity 49 9999.0015 Install 24 ft Mast Arm34 41 10 EA 10 $ 860.00 $ 8,600.00 50 9999.0016 Install 28 ft Mast Arm _ 3441 10 EA 10 $ 860.00 $ 8,600.00 51 9999.0017 Install 32 ft Mast Arm 3441 10 EA 10 $ 860.00 $ 8,600.00 52 9999.0018 Install 36 ft Mast Arm 34 41 10 EA 10 $ 860.00 $ 8,600.00 53 9999.0019 Install 40 ft Mast Arm 3441 10 EA 10 $ 980.00 $ 9,800.00 54 9999.0020 Install 44 ft Mast Arm_ 3441 10 EA 10 $ 980.00 $ 9,800.00 55 9999.0021 Install 48 ft Mast Arm 34 41 10 EA 10 $ 980.00 $ 9,800.00 56 9999.0022 Install 52 ft Mast Arm 3441 10 EA 10 $ 1,129.00 $ 11,290.00 57 9999.0023 Install 56 ft Mast Arm 3441 10 EA 10 $ 1,129.00 $ 11,_290.00 58 9999.0024 Install 60ftMast Arm 344110 EA 10 $ 1,129.00 $ 11,290.00 59 REMOVAL OF CONDUIT TxDOT 690 LF 200 $ 4.18 $ 836.00 60 REMOVAL OF GROUND BOXES TxDOT 690 EA 5 $ 105.10 $ 525.50 61 REPLACE OF GROUND BOXES TxDOT 690 EA _ 5 $ 307.06 $ 1,535.30 62 INSTALL OF GROUND BOXES TxDOT 690 EA 5 $ 307.06 $ 1,535.30 63 REMOVAL OF TIMBER POLES TxDOT 690 EA _5 $ 425.00 $ 2,125.00 64 REPLACE OF TIMBER POLES TxDOT 690 EA - 5 $ 595.00 $ 2,975.00 65 REMOVAL OF TRAFFIC SIGNAL POLE FND TxDOT 690 LF 5 $ 179.44 $ 897.20 66 REPLACE OF TRAFFIC SIGNAL POLE F_ND TxDOT 690 LF 5 $_ 816.94 $ 4,084.70 67 REMOVAL OF SIGNAL POLE ASSM - TxDOT 690 EA 5 $ _ 692.38 $ 3,461.90 68 REPLACE OF SIGNAL POLE ASSM TxDOT 690 EA 5 $ 2,110.91 $ 10,554.55 69 REMOVAL OF CONCRETE FOUNDATIONS TxDOT 690 EA 5 $ 268.00 $ 1,340.00 70 INSTL DOWN GUY W/GUARDTxDOT 690 EA 8 $ T 10._50 $ 84.00 71 REPLACE_DOWN_GUY W/GUARD - -- TxDOT 690 EA8 $ 10.50 $ - 84.00 72 REMOVE DOWN GUY W/GUARD_ TxDOT 690 EA .. . _. 8 ._$ - 10.50 $ - _ 84.00 73 INSTL DOWN GUY AND ANCHOR W/GUARD TxDOT 690 EA 8 $ 70.70 $ 565.60 74 REPLACE DOWN GUY AND ANCHOR W/GUARD TxDOT 690 EA 8 $ 70.70 $ 565.60 - _- __ __ ___ __ . ._-. _. _ _____ ._.....__.�-_. 75 REMOVE DOWN GUY AND ANCHOR W/GUARD TxDOT 690 EA 8 $ 19.60 $ 156.80 76 REPLACE PED POLE ASSM �- TxDOT 690 -EA - 5 $ 471.27 $ _ 2,356.35 77 REMOVE PED POLE ASSM TxDOT 690 EA 5 $ 425.85 $ 2,129.25 w 78 REPLACE LED TRAF SIG LAMP UNIT_ TxDOT 690 EA5 $ 75.0_0 $ _375.00 _79 DRILL SHAFT(TRF SIG POLE)(24 IN) - �� - TxDOT 416 LF_ _24 $_ 126.45 $ 3,034.80 80 DRILL SHAFT(TRF SIG_POLE)(30 IN_) .-__ - TxDOT 416 - LF 10_0 $ 190.99 $ 19,099.00_ 81 DRILL SHAFT(TRF SIG POLE)(36 IN) TxDOT 416 - LF 130 $ 216.09 $- 28,091.70 -µ82_N- DRILL SHAFT(TRF SIG POLE)(48 IN) _ TxDOT 416 LF 110 $ 387.43 $ 42,617.30 83 INS TRF SIG PL AM(S)1 A_R_M(2_0') - �' _TxDOT 686 EA 1 _$ 2,675.0_0 $ 2,675.00 84 INS TRF SIG PL AM(S)1 ARM(20')LUM - TxDOT 686 EA 1 $ 4,375.00 $ 4,375.00 85 INS TRF SIG PL AM(S)1 ARM(24') - TxDOT 686 EA 1 $-1,550.00 $ 1,550.00 86 INS TRF SIG PL A_M(S)1 A_R_M_(24')LUM TxDOT 686_ EA 1 $ 2_,742.55 $ 2,742.55 _ _ _ _ _ _ 87 INS TRF VSIG PL AM(S)1 ARM(28')"__... - TxDOT 686 ___....EA_ _ -1 $ 1,576.35_$ -- 1,576.35 88 INS TRF SIG PL AM(S)1 ARM(28')LUMv W -..__-- TxDOT 686 EA 1 $ 2,872.60 $ 2,8_72.60 89 INS TRF SIG PL AM(S)1 AR_M(32') TxDOT 686 EA 1 $ 2,152.65 $ 2,152.65 90 i--TRF SIG PL AM(S)1 ARM(32')LUM -TxDOT 686-- _ _EA__. _1 $ -3,119.10 $ -3,119.10 91 INS TRF SIG PL AM(S)1 ARM(36-) TxDOT 686 EA - 1 $ 1,496.05 $ - 1,496.05 92 INS TRF SIG PL AM(S)1 ARM(36')LUM - TxDOT 686 EA - 1 $ 3,837.7_7 $ 3,837.77 93 INS TRF SIG PL A_M(S)1 ARM(40') TxDOT 686 EA -1 $ 3,126.32 $ 3,126.32 94 INS TRF SIG PL AM(S)1 ARM(40')LUM _ - TxDOT 686 EA 1 $ 4,845.93 $ 4,845.93 95 INS TRF SIG PL AM(S)1 ARM(44') - TxDOT 686 EA - 1 $ 3,364.75 $ 3,364.75 96 INS TRF SIG PL AM(S)1 ARM(44')LUM - TxDOT 686 EA 1 $ 4,890.75 $ 4,890.75 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Infrastructure Form Revised 20120120 City Project No.100963 w 00 42 43 BIDPROPOSAL Page 3 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Descriptionp Unit Price Bid Value Item No. Section No. Measure Quantity 97 INS TRF SIG PL AM(S)1 ARM(48') TxDOT 686 _ EA 1 $ 3,759.57 $ 3,759.57 98 INS TRF SIG_PL AM(S)1 ARM(48')LU_M TxDOT 686 EA 1 _$ 4_,869.85 $ 4,86_9.85 99 INS TRF SIG PL AM(S)1 ARM(50') TxDOT 686 EA 1 $ 9,048.75 $ 9,048.75 a�a 100 INS TRF SIG PL AM_(S)1 ARM(50')LUM TxDOT 686 EA 1 $ 12,027._94 $ 12,027.94 1_01 INS TRF SIG_PL AM(S)1 ARM(55')� - TxDOT 686 EA 1 $ 9,124.35 $ 9,124.35 10_2 INS TRF SIG PL AM(S)1 AR_M(55')LUM_ TxDOT 686 EA 1 $ 13,646.07 $ 13,646.07 103 INS TRF SIG PL A_M(S)1 ARM(60') TxDOT 686 EA 1 $ 9,160.05 $ 9,160.05 104 INS TRF SIG PL AM(S)1 ARM(60)LUM TxDOT 686 EA 1 $ 13,117.34 _$ 13,1_17._34 105 INS TRF SIG PL AM(S)1 ARM(65') TxDOT 686 EA 1 $ 9,160.05 $ _9,160.05 106 INS TRF SIG PL AM(S)1 ARM(65')LUMTxDOT 686 EA 1 $ 13,117.34 $ 13,117.34 w 107 PED POLE ASSEMBLYTxDOT 687 EA 10 $ 636.62 $ 6,366.20 108 PEDESTRIAN PUSH BUTTON POLE TxDOT 687 1 EA 10 $ 468.00 $ 4,680.00 Total Bid $ 729,193.65 END OF SECTION w do CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Infrastructure Form Revised 20120120 City Project No.100963 E4gT BuildingTomorrow13 InfiaShMure uTodayy BIDD BOND Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) EAR Telecommunications, LLC hereinafter called the Principal,and (Surety Name) a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of 5/. of amount oid and No/100 Dollars ($ .00), the payment of which sum will be well and truly made and the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators, successors and assigns,jointly and severalty,firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Traffic Signal Infrastructure 0 NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terns of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal,this bond shall become the property of the Obligee,without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this 3rd day of May ,2017. By: Company Name Here Lo W(Signature and Title of Principal) *By: Westem Surety Company-Melissa Fleming � f (Signature of A -of--Fact) 'Attach Power of Attorney(Surety)for Attomey-in-Fact impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Infrastructure Form Revised 20110627 City Project No.100963 WesternSumty ComparTy POWER OF ATTORNEY-CERTIFIED COPY Bond No. 718 91251 Know All Men By These Presents,that WESTERN'SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make, constitute and appoint Melissa Flemino its true and lawful attorneys)-in-fact,with full power and authority hereby conferred, to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: EAR Telecommunications Obligee. City of Fort Worth Amount: $1,000,000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attoraey(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vice President, Secretary, any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile" All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of .. _. June 30 2017 ,but until such time shall be irrevocable and in full force and effect. 1ELVTaif VVlaeWestern Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat,and its ,m cor a t+alth-bi.al this 3rd- day of S' 2017 =A-7= et`' <°- WE S `P R/' s'fvR�G COMPANY 37*21tr`U SOU Ilii C H'A Paul T. ruflat,Vice President "'• ss rnT F-- On this 3rd day of Day ,in the year 2017 before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTERIJ SURETY COMPANY and acknowledged said instrument to be the voluntary act and deed of said corporation. b4ti4�.ti�.4ra4�.46a4titi�titiba4 i S J. MOHR p _ �NQTAHY PUBLIC fSOUTH ? Notary Public-South Dakota �44444444b44444444444ti44� MV COmmisszcn Er_pi_es June 23, 2021 �» I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In t. t'mony whereof,I have hereunto set my hand and seal of Western Surety Company this _3rd day of Tay 2D 17 WES'[' RV SIJ RE, CU \9PANY Paul T. ruflat,Vice President To validate bond authenticity,go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage. Forrn F5306-1-2016 w Figure. 28 TRC§1 601(a)(3) IMPORTANT NOTICE AVISO IMPORTANTE 1 To obtain information or make a complaint Para obtener informacion o para someter una queia, 2 You may contact Western Surety Company Puede comunicarse con Western Surety Company Surety Bonding Company of America or Universal Surety Bonding Company of America o Universal Surety of America at 605-336-0850. Surety of America of 605-336-0850. ren 3 You may call Western Surety Company's, Surety Usted puede Ilamar al numero de telefono gratis de Bonding Company of America's or Universal Surety Western Surety Companys Surety Bonding of America's toll-free telephone number for Company of America's o Universal Surety of information or to make a complaint at America's para informacion o para someter una queja al 1-800-331-sr3 S3 11-800-3311-6063 r� 4 You may also write to Western Surety Company Usted tambien puede escnbr a Western Surety Surety Bonding Company of America or Universal Company, Surety Bonding Company of America o Surety of America at. Universal Surety of America P O Box 50 77 P,O. Box 5077 Sioux Falls, SD 57117-5077 Sioux Falls, SD 57117-5077 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca _ coverages, rights or complaints at: de companias, coberturas, derechos o quejas al 1-800-252-3439 1-800-252-3439 2-3439 nor 6 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance. Texas.- PC exas:PO Box 149104 P O. Box 149104 Austin, TX 78714-9104 Austin,TX 78714-9104 Fax- (512)490-1007 Fax (512)490-1007 Web www.tdi texas.gov Web. www.tdi.texas.gov E-Mail ConsumerProtection@tdi texas.gov E-I rail: ConsumerProtection&di.texas gov 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOERE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a son premium or about a claim you should contact un reclamo debe comunicarse con el Western Western Surety Company, Surety Bonding Surety Company, Surety Bonding Company of Company of America or Universal Surety of America o Universal Surety of Arre-ica pnmero. Si ERM America first. If the dispute is not resolved, you no se resuelve la disputa, puede entonces may contact the Texas Department of Insurance. comunicarse con el departamento(TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE A'VISO A SU POLIZA: Este aviso es MM This notice is for information only and does not solo para proposito de irforr-racion y no se become a part or condition of the attact ed convierte en parte o condicion del documento document. adjunto MM Forth F83SS-4-2018 EARTC Building Tomorrow's 00 43 37 Infrastructure Today. VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. IN BIDDER: EAR Telecommunications,LLC By: Carlos Reyes 20325 Crooked Stick Dr. / Pflugerville,TX 78660ure Title: Pre ldent/ wner Date: 5/4/2017 a END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Traffic Signal Infrastructure Form Revised 20110627 City Project No.100963 r EJk1qTC1 Building Tomorrow's 004526-1 Infrastructure Today. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of] 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended,Contractor certifies that it = 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 100963. Contractor further certifies that,pursuant to Texas Labor Code, Section 6 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: 10 11 EAR Telecommunications,LLC By: Carlos Reyes 12 Company (Please Print 13 14 20325 Crooked Stick Dr. Signature: 15 Address 16 17 Pflugerville,TX 78660 Title: President/Owner 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS ,( § 22 �\ 23 COUNTY OF § 24 25 BEFORE E, the undersigned authority, on this day personally appeared 26 known to me to be the person whose name is = 27 subscrl ed tZTthe for" in rument, and acknowledged to me that he/she executed the same as 28 the act and deed of for the purposes and 29 consideration therei-E-e'xpresAeNria In the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 32 2017. 33 34 �P`MY RICARDO N.TOME 35 Notary ID#t 126657441 36 My Commission Expires otary d for the State of Texas aK,,+ January 26,2020 37qpwwww 38 END OF SECTION 39 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised July 1,2011 *.e 004540-1 Minority Business Enterprise Specifications Page 1 of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 5 applicable. 6 7 POLICY STATEMENT ® 8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 9 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 10 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 11 12 MBE PROJECT GOALS 13 The City's MBE goal on this project is 10%of the total bid value of the contract. 14 15 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 16 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 17 18 COMPLIANCE TO BID SPECIFICATIONS 19 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 20 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 21 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation, or 22 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 23 3. Good Faith Effort documentation, or; 24 4. Prime Waiver documentation. 25 26 SUBMITTAL OF REQUIRED DOCUMENTATION 27 The applicable documents must be received by the Purchasing Division, within the following times 28 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall 29 deliver the MBE documentation in person to the appropriate employee of the purchasing division and 30 obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the 31 time allocated. A faxed and/or emailed copy will not be accepted. 32 _. 1. Subcontractor Utilization Form,if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if day after the bid opening date, exclusive of the bid opening participation is less than statedgoal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if no day after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. 33 34 35 36 37 w CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised June 9,2015 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form,if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. !' 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR.THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 6 7 Any Questions,Please Contact The M/WBE Office at(817)212-2674. 8 END OF SECTION 9 10 t 11 CITY OF FORT WORTH Traffic Signal Infrastructure �+ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100963 Revised June 9,2015 r 00 52 43-1 Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on June 20, 2017 is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and EAR Telecommunications, LLC, authorized to do business in Texas, acting by and 6 through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Traffic&OalInfrastructure 16 City Project#100963 17 Article 3. CONTRACT PRICE 18 City agrees to pay Contractor for performance of the Work in accordance with the Contract 19 Documents an amount in current funds as determined in each task order supplemental to this 20 agreement. At no time shall the contract total exceed$500,000. Without written approval from 21 the City of Fort Worth Council. 22 Article 4. CONTRACT TIME 23 4.1 Time is of the essence. 24 The Contract time period is one calendar year or the expiration of the funding, whichever 25 occurs last. All time limits for Milestones, if any, and Final Acceptance as stated in the 26 Contract Documents are of the essence to this Contract. 27 4.2 Final Acceptance. 28 The Work will be complete for Final Acceptance within the number of calendar days 29 specified in each task order. 30 4.3 Liquidated damages 31 Contractor recognizes that time is of the essence of this Agreement and that City will 32 suffer financial loss if the Work is not completed within the times specified in Paragraph 33 4.2 above, plus any extension thereof allowed in accordance with Article 12 of the 34 General Conditions. The Contractor also recognizes the delays, expense and difficulties 35 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 36 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 37 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 38 City Five Hundred Dollars ($500.00) for each day that expires after the time specified in 39 Paragraph 4.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#100963 Revised January 6,2017 00 52 43-2 Agreement Page 2 of 5 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents (project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MBE and/or SBE Commitment Form 59 j. Form 1295 Certification No. ?-of '� - tj 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#100963 Revised January 6,2017 005243-3 Agreement Page 3 of 5 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of,the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused, in whole or in part, by any act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs,expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city,its officers,servants and employees,from and against any and all loss,damage 90 or destruction of property of the city, arising out of,or alleged to arise out of,the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in part, 95 by any act,omission or negligence of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 100 have the meanings indicated in the General Conditions. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the City. 104 7.3 Successors and Assigns. 105 City and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon CITY and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Trak Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#100963 Revised January 6,2017 005243-4 Agreement Page 4 of 5 117 7.6 Other Provisions. 118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 119 classified, promulgated and set out by the City, a copy of which is attached hereto and 120 made a part hereof the same as if it were copied verbatim herein. 121 7.7 Authority to Sign. 122 Contractor shall attach evidence of authority to sign Agreement, if other than duly 123 authorized signatory of the Contractor. 124 125 CITY OF FORT WORTH Trak Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#100963 Revised January 6,2017 005243-5 Agreement Page 5 of 5 126 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 127 counterparts. 128 129 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 130 Contractor: City of Fort:Y'otth / By: Jay Chapa By: Assistant City Manager nature) ' v� Date Attest: (Printed Nam City Secr tary ]� (Seal) OF FD Title: I�Ce���� ^'� �'� J► .aL Address: n ; M&C L,2-Q ,z Lam,, Date: t7 City/State/Zip: Contract Compliance Manager: S By signing, I acknowledge that I am the per yS�� •TX W-�2,5 responsible for the monitoring and administration of this contract, including y ensuring all performance and reporting Y Q a requirements. Date Ali ozdbar,P.E. Engineering Manager Approved as to Form and Legality: Douglas W. Black Assistant City Attorney 131 132 133 AP ROYAL RECOMMENDED: 134 135 136 _ 137 Douglas iersig,P.E. 138 OFFICIAL SCC Director 139 CITY SECRETS Transportation and Public Works 140 IST.WORTH,TX CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project#100963 Revised January 6,2017 Bond# 948626898 0061 13-1 PERFORMANCE BOND Pagel of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, EAR Telecommunications, LLC_ , known as 8 "Principal" herein and WESTERN SURETY COMPANY , a corporate 9 surety(sureties, if more than one)duly authorized to do business in the State of Texas,known as 10 "Surety" herein(whether one or more), are held and firmly bound unto the City of Fort Worth,a 11 municipal corporation created pursuant to the laws of Texas, known as"City'herein, in the penal 12 sum of,_five hundred thousand Dollars 13 ($_500,000.00 ), lawful money of the United States,to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made,we bind 15 ourselves, our heirs,executors, administrators,successors and assigns,jointly and severally, 16 firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the_20 day of June ,2017,which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders,as provided for in said Contract designated as Traffic Signal Infrastructure, City Project 22 No. 100963, 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100963 Revised July 1.201 1 0061 13-2 PERFORMANCE BOND Page 2 of 2 l This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 10 day of July 6 2017. 7 PRINCIPAL: 8 EAR TELECOMMUNICATIONS,LLC 9 _ 10 11 BY: 12 Signat 13 ATTEST. 14 15 Carlos Reyes/President 16 (Princip )Secretary Name and Title 17 18 Address: 16201 Bratton Ln. 19 Austin.TX 78660 20 21 22 Witne o incipa 23 SURETY: 24 ALLSTATE INSURANCE FLEMING&CONWAY 25 WESTERN SURETY COMPANY 26 27 BY: 28 Signature 29 30 Melissa Fleming/Principal 31 Name and Title 32 33 Address: 3435 Greystone Dr# 107 34 Austin,TX 78731 35 36 a 374is s to Surety Telephone Number: (512)345-0005 _ 38 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH TratEc Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100963 Revised July 1,2011 \Akstern SureLy CDmpany POWER OF ATTORNEY-CERTIFIED COPY Bond No. 948626898 Know All Mem By These Presents,that WESTERN SURETY COMPANY,a corporation duly organised and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company'),does by these presents make, constitute and appoint Me 1_.sss& F'I n❑ __�_._____._._-___ __--_.___ _...___ -._.__._.__ —w—kno —.__�_____ its true and lawful attorney(a}in-fact,with fiaU power and authority hereby canfarred,to execute,aclmowledge and deliver for gad an its behalf as Surety,bonds for- Principal: orPrincipal; EAR Telecommunications Obligee: City of Fort Worth Amount $500,000.00 and to Lind the Company thereby as filly and to the same extent as if such bands were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in-fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in&ill force and e0oct. 'Section 7. All bands, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,amps Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorize. The President,any Vee President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bends,policies,or undertakings in the name tithe Company. The corporate seal is not necessary for the validity of any bands,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of 2017 ,but until such time shall be irrevocable and in full force and effect. , Iww Western Surety Company has caused thgsa,nresents to be signed by its Vice President,Paul T.Brutlat,and its .rer lti'bwethis 10th day of JJuiy 2017 ,... WEST R 'SURE COMPANY A Paul T. at,Vice President ms CO a . Ith . On this —.-J01h--day of Judy _—,in the year 2 012_before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESIW%SUFR`TYTY COMPANY and acknowledged said msttrument to be the voluntary act and deed of said corporation. Oi J. MOHR i LM1R~%A Notary Public-South Dakota t Hy Commission Expires June 23, 202] I the undersigned officer of Western Surety Company,a stock oarporadon of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and ria thermore,that Section 7 of the bylaws tithe Company as sol forth in the Power of Attorney is now in force. In testimony whereat I have hereunto met my hand and seal of Western Surety Company this 1_0 t h day of July 2017 WEST R SURE ` COMPANY Paxil T. at,Pace President To validate bond authenticity,go to wvvw.cnaauretyr.coam >Owner/Obligee Services>Validate Bond Coverage. Form FtiIXWt-2016 Figure: 28 TAC§1.601(a)(3) IMPORTANT NOTICE AVISO IMPORTANTE 1 To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2 You may contact Western Surety Company, Puede comunicarse con Western Surety Company Surety Bonding Company of America or Universal Surety Bonding Company of America o Universal Surety of America at 605-336-0850. Surety of America at 605-336-0850. 3 You may call Western Surety Companys, Surety Usted puede Hamar at numero de telefono gratis de Bonding Company of America's or Universal Surety Western Surety Company's, Surety Bonding of America's toll-free telephone number for Company of America's o Universal Surety of information or to make a complaint at: America's para informacion o para someter una queja al: 1-800.331-6053 1-800-331-8053 4 You may also write to Western Surety Company, Usted tambien puede escribir a Western Surety Surety Bonding Company of America or Universal Company, Surety Bonding Company of America o Surety of America at: Universal Surety of America P.O. Box 5077 P.O. Box 5077 Sioux Falls, SD 57117-5077 Sioux Falls, SD 57117-5077 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at: de companias, coberturas, derechos o quejas al: 1-800-252-3439 1-800-262-3439 6 You may write the Texas Department of Puede escribir at Departamento de Seguros de Insurance: Texas: P O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 490-1007 Fax' (512) 490-1007 Web: www.tdi.texas.gov Web: www.tdi.texas.gov E-Mail: ConsumerProtectiontgtdi.texas.gov E-Mail: ConsumerProtection@tdi.texas.gov 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concemiente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Western Western Surety Company, Surety Bonding Surety Company, Surety Bonding Company of Company of America or Universal Surety of America o Universal Surety of America primero. Si America first. If the dispute is not resolved, you no se resuelve la disputa, puede entonces may contact the Texas Department of Insurance. comunicarse con el departamento(TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. Form F83654-2016 0061 14-1 Bond#948626899 PAYMENT BOND Pagel oft 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, EAR TELECOMMUNICATIONS, LLC , known as 8 "Principal" herein, and WESTERN SURETY COMPANY a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 12 in the penal sum of five hundred thousand Dollars 13 ($_500,000.00 _J, lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 20 day of June ' 2017, which Contract is hereby referred to and made a 19 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor 20 and other accessories as defined by law, in the prosecution of the Work as provided for in said 21 Contract and designated as Traffic Signal Infrastructure,City Project No. 100963. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No, 100963 Revised July 1,2011 0061 14-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 10th day of 3 July 2017. 4 PRINCIPAL: EAR TELECOMMUNICATIONS,LLC ATTEST: BY e Carlos Reyes/President (Princi al) Secret r4 — Name and Title Address: 16201 Bratton Ln. Austin, TX 78720 Witness rinclpal SURETY: ALLSTATE INSURANCE FLEMING&CONWAY WESTERN SURETY COMPANY ATTEST: BY: 4"- �9" Signature W04-r, 67�",4"evc/4� Melissa Fleming/Principal (Surety)Secretary Name and Title Address: 3435 Greystone Dr# 107 Austin, TX 78731 fitness s to Surety Telephone Number: (512)345-005 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100963 Revised July 1,2011 V\kstem SureLy CaiVany POWER OF ATTORNEY-CERTIFIE:D COPY Band Na. Know All Men By These Presents,that WESTERN SURETY COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal ice in Sioux Falls,South Dakota(the"Company"),does by these presents make, constitute and appoint Mei i sga F 1 emi_ng___.v__._._-.._._ its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: EAR Telecommunications Obligee: City of Fort Worth Amounts $500,000.00 and to bind the Company thereby as Silly and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorneys)-in-fbet may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in fill force and effect. "Section 7. All bonds, policies, undertalaugs,Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,arty,Assistant Secretary,Treasurer,or any Vice President or by such other officers as the Board of Directors may authorise- The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fast or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of Jui y_1 D 2 017 but until such time shall be irrevocable and in full force and effect. Western Surety Company has caused th",-uresents to be signed by its Vice President,Paul T.Bruflat,and its eo qs bb this 10th day of Ju 1 y 2017 m ;X 10i WEST R -SU'R�E ' COMPANY A _ Paul T. at,Vice President Co ss #t On this 10th daffy of Iul y __._ ,in the year 2017 before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly swan, acknowledged that he signed the above Power of Attorney as the aforesaid officer Of WE COMPANY and acl. edged said instrument to be the voluntary act and deed of said owporatiom l J. MOHR -- Notary Public 1_`-South Dakota i Wosaum My Commission ExplZes June 2 , 2022 I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and fiuthernwre, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof;I have hereunto set my hand and seal of Western Surety Company this 10th dv of July 2017 - WEST R 1 SURE ;rf COMPANY _ -- Paul T. ruAat,Vice Presid«st To validate bond authenticity,go to wrvw. _wgAy.caap >OwneNObligee Services>Validate Bond Coverage. Farm F53MI-2018 Figure. 28 TAC§1.601(a)(3) IMPORTANT NOTICE AVISO IMPORTANTE 1 To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2 You may contact Western Surety Company, Puede comunicarse con Western Surety Company, Surety Bonding Company of America or Universal Surety Bonding Company of America o Universal Surety of America at 605-336-0850. Surety of America al 605-336-0850. 3 You may call Western Surety Company s, Surety Usted puede Ilamar a!numero de telefono gratis de Bonding Company of America's or Universal Surety Western Surety Company's, Surety Bonding of America's toll-free telephone number for Company of America's o Universal Surety of information or to make a complaint at: America's para informacion o para someter una queja al: 14800-331-6463 1-800-331-6063 4 You may also write to Western Surety Company, Usted tambien puede escribir a Western Surety Surety Bonding Company of America or Universal Company, Surety Bonding Company of America o Surety of America at: Universal Surety of America: P.O. Box 5077 P.O. Box 5077 Sioux Falls, SD 57117-5077 Sioux Falls, SD 57117-5077 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at: de companies, coberturas, derechos o quejas al: 1-800-252-3439 1-800-262-3439 6 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P,O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512)490-1007 Fax: (512) 490-1007 Web: www.tdi.texas.gov Web: www.tdi.texas.gov E-Mail: ConsumerProtection�tdi.texas.gov E-Mail: ConsumerProtection Mdi.texas.gov 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOSRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reclamo, debe comunicarse con el Western Western Surety Company, Surety Bonding Surety Company, Surety Bonding Company of Company of America or Universal Surety of America o Universal Surety of America primero. Si America first. If the dispute is not resolved, you no se resuelve la disputa, puede entonces may contact the Texas Department of Insurance. comunicarse con el departamento (TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLiZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. Form F8365-4.2016 006119-1 Bond#948626900 MAINTENANCE BOND Page I of 3 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we EAR TELECOMMUNICATIONS,LLC known as 8 "Principal"herein and WESTERN SURETY COMPANY , a corporate surety 9 (sureties, if more than one)duly authorized to do business in the State of Texas, known as 10 "Surety" herein(whether one or more), are held and firmly bound unto the City of Fort Worth,a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City"herein, 12 in the sum of five hundred thousand Dollars 13 ($_ 500,000.00 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its 15 successors, we bind ourselves, our heirs,executors, administrators, successors and assigns,jointly 16 and severally, firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded 19 the 20 day of June , 20 17 , which Contract is hereby 20 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all 21 materials, equipment labor and other accessories as defined by law, in the prosecution of the 22 Work, including any Work resulting from a duly authorized Change Order(collectively herein, 23 the"Work") as provided for in said contract and designated as Traffic Signal Infrastructure, City 24 Project No. 100963; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100963 Revised July 1.201l 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and 10 11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100963 Revised July 1.2011 006119-3 MAINTENANCE BOND Page 3 of 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 10th day of July 3 , 2017. 4 5 PRINCIPAL: 6 EAR TELECOMMUNICATIONS,LLC 7 8 9 BY: 10 i �tur 11 ATTEST- 12 c� 13 Carlos Reyes/President 14 (Princip )Secretarf Name and Title 15 16 Address: 16201 Bratton Ln. 17 Austin,TX 78728 18 19 20 Witness cipal 21 SURETY: 22 ALLSTATE INSURANCE FLEMING&COMPANY 23 WESTERN SURETY C MPANY 24 25 BY: 26 Signatur6 27 28 Melissa Fleming/Principal 29 AT ST: Name and Title 30 31 Address: 3435 Greystone Dr# 107 32 (Surety)Secretary Austin,TX 7 731 33 34 e _ &44 35Wi s as to Surety Telephone Number: (512)345-0005 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH Traffic Signal Infrastructure STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 100963 Revised July 1.2011 A�® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YIYY) 08/10/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: T Malisa Satterfield CLA Insurance Group,Inc PHONE (214)423.3120I FAX (214)423-2240 AIC No EM: AIC,No 9300 Wade Blvd Ste 101 ADDRESS: msatterfieid@clainsurancegrp.com INSURER(S)AFFORDING COVERAGE NAIC p Frisco TX 75035 INSURERA: Texas Mutual insurance 22945 INSURED INSURER B EAR Telecommunications LLC,DBA:EARTC INSURERC: 16201 Bratton Lane INSURER D: INSURER E: Austin TX 78728 INSURER F: COVERAGES CERTIFICATE NUMBER: Work Comp 2017-2018 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, INSADUL SU13H POLICY EFF TR TYPE OF INSURANCE INSD WVO POLICY NUMBER MMIDDIYYYY POLICY LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ _ CLAIMSWADE ❑OCCUR PREMISES Ea occurrence $ _ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER. GENERAL AGGREGATE $ POLICY ❑ PRO. ❑ LOC PRODUCTS-COMPIOPAGG $ JECT OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAB i CLAIM&MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY X STATUTE ERH YIN 1,000,OOD O NIA ANY PROPRIETOR/PARTNER/EXECUTIVE E..L.EACH ACCIDENT $ _ A OFFICERIMEMBEREXCLUDED? 004016745 08/11/2017 08/11/2018 (Mandatory in NH) E.L,DISEASE-EA EMPLOYEE $ 1,000,000y If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT s DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached it more space is required) Workers'Compensation policy includes Waiver of Subrogation in favor of Certificate Holder,as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN City of Fort Worth Transporation and Public Works Department ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD Texasmutu WORKERS' COMPENSATION INSURANCE WORKERS'COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A.of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule,but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X)Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s)or organization(s)arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following"attaching clause"need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement,effective on 8/11/17 at 12:01 a.m.standard time,forms a part of: Policy no.0002001814 of Texas Mutual Insurance Company effective on 8/11/17 Issued to: EAR Telecommunications LLC DBA: EAR TC This is not a bill Authorized representative NCCI Carrier Code: 29939 8110/17 PO Box 12058,Austin,TX 78711-2058 1 of 1 texasmutual.com 1(800)859-5995 1 Fax(800)359-0650 WC 42 03 04 B CERTIFICATE OF LIABILITY INSURANCE 8/10/2017DnYYY) 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 ONTACTTanya Callejas G&M INSURANCE AGENCY PHONE 512-535-0049 FAX 512-853-9427 2608 Shanty Creek Place E-MAIL tcallejas753insuranceagency.com Pflugerville,TX 78660 ADDRESS INSURERS AFFORDING COVERAGE NAIC# INSURERA Mercury Insurance INSURED EAR TELECOMMUNICATIONS, LLC INSURER B: 16201 Bratton Lane INSURER D'. Austin, TX 78728 (512) 850-5385 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. NSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ EN 1117— CLAIMS-MADE 1:1 OCCUR $ MED EXP(Anyone person) $ PERSONALE ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY E] PRO [:] LOC PRODUCTS-COMP/OPAGG $ JECT AUTOMOBILE LIABILITY COMBINEDSIN LELIMIT $ 000 (F a accident) i i X ANYAUTOBODILY INJURY(Per person) $ ALL OWNED SCHEDULED BA420000004067 10/22/2016 0/22/2017 BODILY INJURY(Per accident) $ A X Auros Auros Y Y X HIRED AUTOS NON-OWNED PROPERTY DAMAGE AUTOS $ 1,000,000 UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR Id CLAIMS-MADE AGGREGATE $ WORKERS COMPENSATION I PER LITE OTH- AND EMPLOYERS'LIABILITY AT ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under -nFS PTQN OF OPERATIONS below F L DISFA�F-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attachedif more space is required) Additional Insured: The City of Fort Worth 200 Texas St. Fort Worth, TX 76102 Name and number of the project: Traffic Signal Infrastructure - City Project No. 100963 QFRTIFIQATF HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE VNLL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 200 Texas St. 1 Fort Worth, TX 76102 AUTHORIZED REPRESENTAT(7 r ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD 0 DATE q`40RV CERTIFICATE OF LIABILITY INSURANCE 07/06/2017YYY) o7/os/2o17 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 pollcy(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 CONTACT AUTOMATIC DATA PROCESSING INSURANCE AGCY INC aM F c No Ext): 877 677-0428 vc No): an 677-0430 1 ADP BLVD MS 325 IL ;s cbicad evelere.com ROSELAND,NJ 07068 (877)677-0428 INSURER(S)AFFORDING COVERAGE NAIC 0 INSURER A:TRAVELERS CASUALTY AND SURETY COMPANY INSURED INSURER B: EAR TELECOMMUNICATIONS LLC 20325 CROOKED STICK DRIVE INSURER C: PFLUGERVILLE,TX 78660 INSURERD: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 898840346071351 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER MMIDD/YYYY MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ A CLAIMS-MADE [_]OCCUR P $ MED EXP(Any one arson $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ❑PRO [_—]POLICY PRO- LOCJECT PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY (Ea accident)INGLE LIMIT $ ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS UAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ A WORKERS COMPENSATION N/A UB-3D096171-15 06/06/2017 06/06/2018 X STATUTE ERH AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE❑ E.L.EACH ACCIDENT .$1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION City of Fort Worth SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Purchasing Division THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton Street ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth,TX 76102 AUTHORIZED REPRESENTATIVE (,' I � • ��, ©1988-2017 ACORD CORPORATION.All rights reserved. ACORD 25(2017/01) The ACORD name and logo are registered marks of ACORD \Akstem SureLy POWER OF ATTORNEY-CERTIFIED COPY 94t?b%h900 Bond No. Know All Man By These Presents,that WESTERN SURE'T'Y COMPANY,a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the-Company").does by these presents make, constitute and appoint -�__._._._._.._._�_._Me 1 i s s a Fleming,__ its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred,to execute,acknowledge and deliver for and an its behalf as Surety,bonds for: Principal: EAR Telecommunications Obligee: City of Fort Worth Amount: $500,000.00 and to bind the Company thereby as My and to the same extent as if such bonds were signed by the Senior Vice President,sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attmaey(s)in-bet may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which mains in full force and effect. "Section 7. All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President,Secretary,any Assistant Secretary,Treasurer,or any Vice President or by such other o?licers as the Board of Directors may authorize. The President,any Vice President,Secretary,any Assistant Secretary,or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies,or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds,policies,undertakings,Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." All authority hereby conferred shall expire and terminate,without notice,unless used before midnight of ---._.. .TU-"—Y- .1.0. 2017_--- ,but until such time shall be irrevocable and in full force and effect. Western Surety Company has caused thoae eresents to be signed by ite Vice President,Paul T.Bruilat,and its co l" be.a this _-'0th—day,of___July 2017 00 WEST R -S�UR`E COMPANY 09 A Paul T. at,Vice President 8S CO #bht On this day of _-__,luly __ _.. ,in the year 2017 before me,a notary public:,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid of k-er of WE 5MCOMPANYasidad. ledged smad instrument to be the voluntary act and dead of end corporation. 's J. MOHR - -- r Notary Public-South Dakota t Jb som �.ti�rr«s�!.+.+►�a.a. 4 My Ccunmi3sion Expires June 23, 2021 I the undersigned officer of Western Surety Company, a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and erect and is irrevocable,and furthermore, that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereoty I have hereunto set may hand and seal of Western Surety Company this _. 1_©t h day of July _ 2017 WEST' R / SURE COMPANY Paul T. ru8at,Vice President To validate bond authenticity,go to www.qawegety coon >Owner/Obiigee Services>Validate Bond Coverage. Foix F53061-2018 Figure. 28 TAC§1.601(a)(3) IMPORTANT NOTICE AVISO IMPORTANTE 1 To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2 You may contact Western Surety Company, Puede comunicarse con Western Surety Company, Surety Bonding Company of America or Universal Surety Bonding Comparry of America o Universal Surety of America at 605-336-0850. Surety of America al 605-336-0850. 3 You may call Western Surety Companys, Surety Usted puede hamar al numero de telefono gratis de Bonding Company of America's or Universal Surety Western Surety Company's, Surety Bonding of America's toll-free telephone number for Company of America's o Universal Surety of information or to make a complaint at: America's para informacion o para someter una queja al: 1,840-33146053 14XXIi- 31-6063 4 You may also write to Western Surety Company, Usted tambien puede escribir a Western Surety Surety Bonding Company of America or Universal Company, Surety Bonding Company of America o Surety of America at: Universal Surety of America: P.O. Box 5077 P.O. Box 5077 Sioux Falls, SD 57117-5077 Sioux Falls, SO 57117-5077 5 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights or complaints at: de companias, coberturas, derechos o quejas al: 1-800-2523439 1-800-262-3439 6 You may write the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512) 490-1007 Fax: (512)490-1007 Web: www.tdi.texas.gov Web: www.tdi.texas.gov E-Mail: ConsumerProtectionodi.texas.gov E-Mail: ConsumerProtectiontggtdi.texas.gov 7 PREMIUM OR CLAIM DISPUTES: DISPUTAS SOME PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact un reciamo, debe comunicarse con el Western Western Surety Company, Surety Bonding Surety Company, Surety Bonding Company of Company of America or Universal Surety of America o Universal Surety of America primero. Si America first. If the dispute is not resolved, you no se resueNe la disputa, puede entonces may contact the Texas Department of Insurance. comunicarse con el departamento(TDI). 8 ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se become a part or condition of the attached convierte en parte o condicion del documento document. adjunto. Form F83664-201 6 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehuwy2,2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 -Definitions and Terminology.......................................................................................................... l 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2-Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 �- 2.06 Public Meeting ...........................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3-Contract Documents: Intent,Amending, Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l l Article 4-Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions;Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5-Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers................................................................................................... 16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6-Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehmary 2,2016 6.02 Labor; Working Hours................................................................................................................20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 T 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 _ 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification .........................................................................................................................33 6.22 Delegation of Professional Design Services ..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8 City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 - 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9--City's Observation Status During Construction...........................................................................37 9.01 City's Project Manager............................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work 38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy 2,2016 Article 10-Changes in the Work; Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work; Allowances;Unit Price Work; Plans Quantity Measurement......................41 _ 11.01 Cost ofthe Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 n 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims57 ........................................................................................................................ Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehmary 2,2016 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehmary2,2016 007200-1 GENERAL CONDITIONS Pagel of 63 ARTICLE 1 –DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. T 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11.Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. .� 15. City Attorney – The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. _ 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor _ concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve .F Milestones, if any and(ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. T 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim 26. Day or day—A day,unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 31. Director of Water Department — The officially appointed Director of the Water Department of the City of Fort Worth, Texas,or his duly appointed representative, assistant, or agents. i 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34.Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents.Extra work shall be part of the Work. 36.Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded # work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 00 72 00-1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. _ 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45.Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Felivary2,2016 007200-1 GENERAL CONDITIONS Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Manager—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55.Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016