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Contract 47794
rITY SECRETAW, CoNTI AcT mo. ---_- _ FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Sun Country Tank Rehabilitation Project r City Project No. 02659 Betsy Price David Cooke Mayor City Manager Andrew T. Cronberg, P.E. fi.55as-kr,+Director, Water Department Charly C. Angadicheril, Assistant Director Prepared for The City of Fort Worth 2015 By: Tank Industry Consultants 7740 West New York Street Indianapolis, Indiana 46214 Registration No. F-2891 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX TIC 15.232.S465.012 NJ '!�6 r s°O��c� i Fo- RT WORTH. PROJECT MANUAL VOR THE CONSTRUCTION OF Sun Country Tank Rehabilitation Project City Project No. 02659 Betsy Price David Cooke Mayor City Manager Andrew T. Cronberg, P.E. Interim Director, Water Department Charly C. Angadicheril, Assistant Director Prepared for The City of Fort Worth 2015 By: 'dank Industry Consultants °°° 'f 0 West New York Street V• � 4Iitnapolis,Indiana 46214 � -� . �:: � ., .w..,..., istration No. F-2891 ' Certified by: Gregory R. " ip" Stein, E. Registered Professional Engineer,No. 79470 State of Texas Tank Industry Consultants TIC 15.232.5465.012 Registration No. F-2891 00 00 00-1 TABLE OF CONTENTS Page 1 of 2 SECTION 00 00 00 TABLE OF CONTENTS 'z Division 00- General Conditions ` 0005 10 Mayor and Council Communication 00 05 15 Addenda i 00 11 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 11 Bidders Prequalifications 00 45 26 Contractor Compliance with Workers'Compensation Law 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 1500 Abbreviations and Symbols 01 25 00 Substitution Procedures 0131 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 33 00 Submittals 01 35 00 Coordination 01 40 00 Regulatory Requirements 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 66 00 Product Storage and Handling Requirements 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 39 Project Record Documents Technical Specifications 02 67 50 Disinfection of Water Distribution Systems 09 80 00 General Specifications for Coating Systems 09 87 10 Exterior Coating System for Steel Storage Tank 09 87 20 Interior Dry Coating System for Steel Storage Tank 09 87 30 Interior Wet Coating System for Steel Storage Tank 09 88 00 Concrete Coating 13 20 00 Steel Water Storage Tank Rehabilitation CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15.232.5465.012 000000-2 TABLE OF CONTENTS Page 2 of 2 Drawings NP Nameplate Attachment Bracket PM Platform Manholes RO Roof Rigging Openings RSR Roof Safety Railing SR Safety Railing Appendix Tank Drawings Wage Rates Summarized Tank Information Sheet MBE/SBE Subcontracting/Supplier Waiver Job Safety Analysis Form Contractor Safety Checklist Daily Jobsite Safety Survey Report Submittal Check List Preliminary Evaluation and Assessment Report—Sun Country Tank END OF SECTION r CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15.232.5465.012 M&C Review- " Page 1 of 3 Y Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo� T�r COUNCIL ACTION: Approved on 4/5/2016 - Resolution No. 4615-04-2016 & Ordinance No. 22158- 04-2016 DATE: 4/5/2016 REFERENCE C-27657 LOG NAME: 60SUN COUNTRY TANK NO.: (Revised) REHAB-CPC (Revised) CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of a Contract in the Amount of$1,134,950.00 with Classic Protective Coatings, Inc., for the Sun Country Elevated Storage Tank Rehabilitation Project, Located at 5800 W. Stewart Feltz Road, Adopt Reimbursement Resolution and Adopt Appropriation Ordinance Decreasing Appropriations in the 2015-2016 Water and Wastewater Capital Improvement Plan by$400,000.00 for the Sun Country Elevated Tank Rehabilitation Project (COUNCIL DISTRICT 6) RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract in the amount of$1,134,950.00 with Classic Protective Coatings, Inc., for the Sun Country Elevated Storage Tank Rehabilitation Project, located at 5800 W. Stewart Feltz Road; 2. Adopt the attached resolution expressing official intent to reimburse expenditures with proceeds of future debt for costs related to the Sun Country Elevated Storage Tank Rehabilitation Project; and 3. Adopt the attached appropriation ordinance amending Ordinance No. 22004-12-2015 by reducing estimated receipts and appropriations approved in the 2015-2016 Water and Wastewater Capital Improvement Plan by$400,000.00 for the Sun Country Elevated Tank Rehabilitation Project. DISCUSSION: The Sun Country Elevated Storage Tank was constructed in 1990. It is a two million gallon, all steel hydro- pillar elevated tank which has never been repainted. This elevated tank provides potable water storage and fire protection for areas in south Fort Worth. The existing coating system is in need of replacement as required to protect the structural steel from corrosion. On February 12, 2015, a Request for Proposals was issued for several Water Department projects, including the Sun Country Elevated Storage Tank Rehabilitation Project. On March 13, 2015, a total of five proposals were received from engineering consultants for the Sun Country Project. A City staff consultant selection committee recommended Tank Industry Consultants, Inc., for the Sun Country Elevated Storage Tank Rehabilitation Project. On August 25, 2015 (Mayor and Council Communication (M&C) C-27432), the City Council authorized execution of an Engineering Agreement with Tank Industry Consultants, Inc., for the design and preparation of contract documents for the recoating and structural repairs of the Sun Country Elevated Storage Tank. The bids came in lower than the estimated $1,600,000.00 for this project, allowing for reduction of the appropriations by$400,000.00. The schedule for project delivery remains the same, with construction starting in August of 2016 and being completed by January of 2017. The project was advertised on December 10, 2015 and December 17, 2015 in the Fort Worth Star- Telegram. On January 14, 2016, the following seven bids were received: http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22218&councildate=4/5/2016 4/29/2016 M&C Review Page 2 of 3 BIDDER BID AMOUNT CONTRACT Classic Protective Coatings, Inc. $1,134,950.00 150 Calendar Days N.G. Painting, L.P. $1,168,400.00 American Suncraft Co., Inc. $1,241,475.00 Blastco Texas, Inc. $1,308,650.00 A&M Construction and Utilities, Inc. $1,332,500.00 TMI Coatings, Inc. $1,516,400.00 Southern Road & Bridge, LLC $1,647,400.00 Appropriations for the Sun Country Elevated Storage Tank will consist of the following: Existing Additional Future Description ] I Appropriations Appropriations Appropriations Project Total* Engineering $ 150,600.00 $0.00 $0.00 7 $ 150,600.00 constructio 1 $1,134,950.00 $0.00 $0.00 11 $1,134,950.00 Project Management, Real Property Acquisitions, $ 65,050.00 $0.00 $0.00 $ 65,050.00 Inspection, Testing and Contingencies Project Total $1,350,600.00 $0.00 IF $0.00 $1,350,600.00 *Numbers rounded for presentation. Appropriations for the Sun Country Elevated Storage Tank will consist of the following by fund: Fund I Appropriations* Water/Sewer DPN Fund - 56005 $1,200,000.00 Water& Sewer Bond 2015A Fund - 56007 $ 150,600.00 Project Total 11$1,350,600.00 * Numbers rounded for presentation. This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Direct Purchase Note (DPN) Program will be used to provide interim financing for this project until debt is issued. The unused authority will be reprogrammed to another project by a future Mayor and Council Communication. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one-percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short-term financing source, another funding source will be required, which could mean issuance of securities under the DPN Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. The City Council adopted the Water Department's Fiscal Year 2016-2020 Five-Year Capital Improvement Plan on February 2, 2016 (M&C G-18662). This City Council adopted plan includes this specific project, with funding identified through the DPN Program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statements, Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22218&councildate=4/5/2016 4/29/2016 M&C Revievu; Page 3 of 3 the funding source will have to be made whole through other budgetary methods. Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax- exempt bond proceeds. M/WBE OFFICE: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Water Department and approved by the M/WBE Office, in accordance with the MANBE or BDE Ordinance, because the purchase of goods or services from source(s)where sub-contracting or supplier opportunities are negligible. This project will have no impact to future Water Department operating budgets and is located in COUNCIL DISTRICT 6, Mapsco 430. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available, as appropriated, in the 2017 Water and Sewer Revenue Bond Capital Project Fund, Sun Country Elevated Storage Tank Rehabilitation Project, for the execution of the contract and that excess appropriation will be reduced by the specified amount. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 3 56005 0600430 4905420 CO2422 2016 $400,000.00 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 1 56005 0600430 5740010 CO2659 C01880 2016 $1,134,950.00 Submitted for City Manager's Office by: Jay Chapa (6122) Originating Department Head: John Carman (8246) Additional Information Contact: Chris Harder(8293) ATTACHMENTS 60SUN COUNRTY TANK REHAB REIMB RESOLUTION.doc 60SUN COUNTRY amendment ord (3.31.2016).docx 60SUN COUNTRY EST REHAB CPC MAP.pdf 60SUN COUNTRY TANK REHAB CPC 1295.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=22218&councildate=4/5/2016 4/29/2016 00051 0 N.A. MAYOR AND COUNCU,COMMUNICATION(M&C) Page 1 of 1 SECTION 00 0510 MAYOR AND COUNCIL COMMUNICATION(M&C) For Contract Document execution, remove this page and replace with the approved M&C for the award of the project. M&C insert shall be on blue paper. END OF SECTION r CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15232.5465.012 000515-1 ADDENDA Page 1 of I SECTION 00 0515 ADDENDA For Contract Document execution, remove this page and replace with any addenda issued during bidding. END OF SECTION CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02 659 Revised December 3,2015 TIC 15.232.5465.012 FORTWORTH. �1 ADDENDUM NO. 1 SUN COUNTRY TANK REHABILITATION PROJECT FORT WORTH WATER DEPARTMENT Capital Project No. 02659 Date Issued: January 8, 2016 Bid Date: Thursday,January 10', 1:30 PM The Contract Documents for the "Sun Country Tank Rehabilitation Project", for which bids are to be submitted to the City of Fort Worth, Texas, are hereby clarified and modified by this Addendum No, 1, Bidders must acknowledge receipt of this Addendum on the Bid Form—Section 00 4100, adjacent to the signature line. 1. New legislation, effective January 1, 2016, requires that prior to award the City receive a notarized copy of Form 1295 from the contractor. The contractor is required to fill out and notarize the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at https://www.ethics.state.tx.tis/tec/1295-Info.htm 2. A copy of the bid proposal form is included as part of this addendum. The initial posting of the contract documents on Buzzsaw included a draft proposal form that was corrected, Please verify that the correct bid proposal form is utilized prior to submitting a bid on this project. END OF ADDENDUM #1 Fart lVorth WATER DEPARTMENT q PRODUCTION DIVISION THE CITY OF FORT WORTH * 1511 1*TH AVENUE * FORT WORTH,TEXAs 76102 817-392-8258 FAX 817-392-8410 qg}.19•,}•.035 �0 Printed on recycled paper 00 42 4^1 BID PROPOSAL SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Specification Unit of Bidlist Item Bid Value Bid Quantity Unit Price Description Section No. Measure No, ---------- Base BI di for Sun Country Elevated Water Tank Lump Sum 1 2 Rehabilitation Welding if required 13 20 00 man-hour 60 ........ ....... 3 Pit Filling and Surfacing if required 13 20 00 gallon 5 4 Interior Chipping and Grinding if required 13 20 00 man-hour 120 Interior Main Roof Stiffener Replacement if required 13 20 00 stiffener 16 6 Access Tube Repairs if required 13 20 00 Lump ---------- 1-- Condensaterequired - --- 7 if re --*djUngi fie�ilrs _quire ci 132000 Lur _p�anticfpated Additional Work if required 132000 me 60 Total Bid CM Or FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMEIM Sun Comhy Tank Rehabilitmion Project-00 41 M Bid Forms F.nnlkaviszd 10151203 E 001113-1 INVITATION TO BIDDERS Pagel of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of the Sun Country Elevated Tank Rehabilitation Project will be v received by the City of Fort Worth Purchasing Office: _ City of Fort Worth Purchasing Division 1000 Throckmorton Street Fort Worth,Texas 76102 until 1:30 PM CST, Thursday,January 14,2016, and bids will be opened publicly and read aloud at 2:00 PM CST in the Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the(approximate)following: structural repairs and removal and recoating of a 2.0 million gallon welded steel elevated storage tank,located at 5800 Steward Feltz Road,Fort Worth,TX 76133. PREQUALIFICATION The improvements included in this project must be performed by a contractor who has been pre- qualified to bid this project by the City prior to the bid opening. The procedures for qualification and pre-qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthgov.orgdLiiKchasingj and clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The Contract Documents may be downloaded,viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from Tank Industry Consultants,Inc., located at 7740 West New York Street,Indianapolis,IN 46214, 317-271-3100, attention Mr. Joshua Selig. The cost of Bidding and Contract Documents is: Set of Bidding and Contract Documents: $150.00 PREBID CONFERENCE A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO BIDDERS at the following location, date, and time: DATE: January 6,2016 TIME: 10:00 AM CST PLACE: Rolling Hills Water Treatment Plant,2500 SE Loop 820,Fort Worth,Texas 76140 CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15.232.5465.012 00 1113-2 INVITATION TO BIDDERS Page 2 of 2 INQLTRMS All inquiries relative to this procurement should be addressed to the following: Attn: Chris Harder,City of Fort Worth Water Department Email: Christopher.Harder@fortworthgov.org Phone: 817-392-8293 AND/OR Attn: Ray Penny Email: Penny@tankindustry.com Phone: 281-367-3511 ADVERTISEMENT DATES December 10,2015 December 17,2015 END OF SECTION CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15.232.5465.012 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms t 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 00-GENERAL CONDITIONS. 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person,firm,partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person,firm,partnership, company,association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided)makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2.City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Special Prequalification of Bidders(Prime Contractors) 3.1.All Bidders are required to be prequalified for this project prior at least 7 days prior to the bid opening.Bids received from contractors who are not prequalified(even if inadvertently opened) shall not be considered. 3.2.Each Bidder shall submit to City within seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 45 11,BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 TIC 15.232.5465.012 Revised December 3,2015 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low bidder(s)for a project to submit such additional information as the City, in its sole discretion may require,including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule, to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame.Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information,if requested,may be grounds for rejecting the apparent low bidder as non-responsive.Affected contractors will be notified in writing of a recommendation to the City Council. 3.4.In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 3.5.Special qualifications required for this project will be based on a company financial evaluation,company historical schedule compliance, evaluation of proposed project manager and project superintendent,and company work history. 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 4.1.Before submitting a Bid, each Bidder shall: 4.1.1. Examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including"technical data"referred to in Paragraph 4.2.below).No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and site conditions that may affect cost,progress,performance or furnishing of the Work. 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, progress,performance or furnishing of the Work. 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities)that have been identified in the Contract Documents as containing reliable "technical data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, at the Site that have been identified in the Contract Documents as containing reliable"technical data." CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15.232.5465.012 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish.All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents.No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.6. Perform independent research,investigations,tests,borings,and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. On request, City may provide each Bidder access to the site to conduct such examinations,investigations, explorations,tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations,investigations,tests and studies. 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work,time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates,investigation,research,tests,explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima-facie evidence that the Bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.8. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or between the Contract Documents and such other related documents.The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures(except Underground Facilities)which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15.232.5465.012 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents,but the "technical data"contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any"technical data" or any other data,interpretations,opinions or information. 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) that Bidder has complied with every requirement of this Paragraph 4, (ii)that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means,methods,techniques, sequences or procedures of construction(if any)that may be shown or indicated or expressly required by the Contract Documents, (iii)that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder,and when said conflicts, etc.,have not been resolved through the interpretations by City as described in Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and famishing the Work. 4.4.The provisions of this Paragraph 4, inclusive,do not apply to Asbestos,Polychlorinated biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract Documents. 5. Availability of Lands for Work,Etc. 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities,construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements,and/or permits are not obtained,the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the proj ect. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements,and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15.232.5465.012 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 6. Interpretations and Addenda 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions received after this day may not be responded to.Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 1000 Throckmorton Street Fort Worth,TX 76102 Attn: Chris Harder,Project Manager Email: Christopher.Harder@fortworthgov.org Phone: 817-392-8293 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3.Addenda or clarifications may be posted via Buzzsaw. 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the requirements of Paragraphs 5.01 of the General Conditions. 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement within 10 days after the Notice of Award,City may consider Bidder to be in default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City believes to have a reasonable chance of receiving the award will be retained by City until final contract execution. CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 TIC 15.232.5465.012 Revised December 3,2015 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 8. Contract Times The number of days within which, or the dates by which,Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. As indicated and defined in the Bid Form, substantial completion shall be achieved on this project within 120 calendar days from the effective date of the notice to proceed. Final Completion shall be achieved within 150 calendar days from the effective date of the notice to proceed. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement and defined in the bid Form. Due to the criticality of the Sun Country Elevated Storage Tank to the Fort Worth water system, liquidated damages have been set at$500 per calendar day for both substantial and final completion. 10. Substitute and "Or-Equal" Items The Contract,if awarded,will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or"or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- equal"item of material or equipment may be famished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with City Ordinance No. 15530(as amended),the City has goals for the participation of minority business enterprises in City contracts.A copy of the Ordinance can be obtained from the Office of the City Secretary. The Bidder shall submit the MBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor Waiver Form and/or Good Faith Effort Form(with"documentation) and/or Joint Venture Form as appropriate.The Forms including documentation must be received by the City no later than 5:00 P.M. CST, five(5) City business days after the bid opening date.The Bidder shall obtain a receipt from the City as evidence the documentation was received.Failure to comply shall render the bid as non- responsive. 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies maybe obtained from the City. CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15.232.S465.012 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative,and unit price item listed therein. In the case of optional alternatives,the words "No Bid," "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, written in ink in both words and numerals, for which the Bidder proposes to do the ` work contemplated or furnish materials required.All prices shall be written legibly. In case of discrepancy between price in written words and the price in written numerals,the price in written words shall govern. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner,whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to City Manager of the City,and shall be enclosed in an opaque sealed envelope, marked with the City Project Number,Project title,the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope with the notation"BID ENCLOSED" on the face of it. CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 TIC 15.232.5465.012 Revised December 3,2015 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 14. Modification and Withdrawal of Bids 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.After all Bids not requested for withdrawal are opened and publicly read aloud,the Bids for which a withdrawal request has been properly filed may,at the option of the City,be returned unopened. 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time set for the closing of Bid receipt. 15. Opening of Bids Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An abstract of the amounts of the base Bids and major alternates(if any)will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may,at City's sole discretion,release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids,including without limitation the rights to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder,whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by City. City also reserves the right to waive informalities not involving price,contract time or changes in the Work with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders,Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract,Bidder has performed a prior contract in an unsatisfactory manner,or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15.232.S465.012 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs,maintenance requirements,performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders,proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization,work of a value not less than 35%of the value embraced on the Contract,unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization.If the Contract is to be awarded,City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds,Certificates of Insurance, and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15.232.5465.012 00 35 13 BID FORM SECTION 00 3513 CONFLICT OF INTEREST AFFIDAVIT Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth (also referred to as"City') procurement are required to complete Conflict of interest Questionnaire(the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form) below pursuant to state law.This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work.The referenced forms may also be downloaded from the website links provided below. http:/Avww.ethics.state.tx.us/forms/CIQ.pdf http:/Iwww.ethics.state.tx.us/forms/CIS.pdf ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Classic Protective Coatings, Inc. By: Ray Witke N7670 State Hwy 25 Signature: Menomonie,WI 54751 Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS HB Form Revised 20141014 00 41 00 BID FORM SECTION 00 4100 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Sun Country Tank Rehabilitation Project City Project No.: City Project No.02659 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 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 anything 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. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20151203 Copy of Sun Country Tank Rehabilitation Project-00 4100 Bid Forms 00 41 00 BID FORM 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors: a. abrasive blast cleaning b. painting c. welding 4. Time of Completion 4.1. The Work will be substantially complete within 120 calendar days from the date established by the Notice to Proceed. Substantial Completion shall be defined as the ability to place the Timberline Tank into service. Final Completion shall be achieved within 150 calendar days from the date established by the Notice to Proceed. The time between substantial and final completion is reserved for cleanup, demobilization, and final paperwork. The Contract Time commences to run as provided in Paragraph 2.3 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to achieve substantial and final completion within the times specified in the Agreement. Should substantial and final completion not be achieved within 120 and 150 calendar days respectively,the Contractor shall be assessed liquidated damages at a rate of$500 per calendar day,in accordance with Article 14.02 D of the Standard General Conditions of the Construction Contract. 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 3513 *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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20757203 Copy of Sun Country Tank Rehabilitation Project-00 4100 Bid Forms 00 41 00 BID FORM 6.3. Evaluation of Alternate Bid Items Total Base Bid(items 1-8 inclusive) #REFI Additive Alternate Bid Items $0.00 Total Bid $1,134,950.00 This Bid is submitted on January 12,2016 by the entity named below. Respectfully submitted, Receipt is acknowledged of Initial the followin Addenda: By: r. � � Addendum No.is t ILP RW (Signature) Addendum No.2: Addendum No.3: Ray Wilke Addendum No.4: (Printed Name) Title: President Company: Classic Protective Coatings,Inc. Corporate Seal: Address: N7670 State Hwy 25 Menomonie,WI 54751 State of Incorporation: Florida Email: heatherPelassicprotectivecoatinas.com Phone: 715-233-6267 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Copy of Sun Country Tank Rehabilitation Project-DO 41 00 Bid Forms Form Revised 20151203 OD 42 43 BID PROPOSAL SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application F Project Item Information Bidders Proposal Bidlist Item Description Specification Unit of Bid Quantity Unit Price Bid Value No. Section No. Measure 1 Base Bid for Sun Country Elevated Water Tank Lump Sum 1 $1,020,750.00 $1,020,750.00 2 Rehabilitation Welding If required 13 20 00 man-hour 60 $125.00 $7,500.00 3 Pit Filling and Surfacing if required 13 20 00 gallon 5 $300.00, $1,500.00 4 Interior Chipping and Grinding If required 13 20 00 man-hour 120 $100.00 $12,000.00 5 interior Main Roof Stiffener Replacement if required 13 20 00 stiffener 16 $3.400.00 $54,400.00 6 Access Tube Repairs if required 13 20 00 Lump Sum 1 $30,000.00 $30,000.00 7 Condensate Ceiling Repairs if required 13 20 00 Lump Sum 1 $2,600.00 $2,800.00 8 Unanticipated Additional Work if required 13 20 00 man-hour 60 $100.00 $6,000.001 Total Bid $1,134,950.00 QTY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 70151203 Sun Country Tank Rebabilimrion Pmjret-00 4100 Bid Form dk rAd classic? Protective Coatings Wisconsin Texas Florida Class 2A Containment System Submittal Method of Containment 1. Classic Protective Coatings,Inc.will utilize an outrigger&cable supported full containment system to perform work on the water storage tank. 2. The proposed containment system will be comprised of a series of tubular steel outriggers and vertical cables to support a movable tarpaulin enclosure,which is hoisted up to the top of the tank shell.In the event of inclement weather,the containment system has the capability of being raised and or lowered in approximately 15 minutes. 3. The roof bonnet of the containment will be comprised of stationary tarpaulins supported by the radial cables extending outward from the center of the tanks shell.The lower containment curtain will be hoisted up just inside the upper stationary curtain, thus proving sufficient overlapping of the 2 tarpaulin sections. 4. The site will have signs warning of construction personnel only and the use of proper PPE. 5. Containment tabs consisting of a 6"x 6"x 3/8"steel plate with a%2"thick steel plate tab will be welded to the roof edge at approximate 7'spacing for pinning the containment outriggers. The attachment plates of the tabs are seal welded and remain on the tank for future use. 6. Tubular.steel outriggers,measuring approx 12'-0" in length,will be pinned into a containment tab at the outer edge of the tank shell. 7. A steel support stand will be welded to the flange of the existing roof vent at the center of the tank and will be the center axis point thru which all stationary and hoisting cables will pass. 8. The support system for the tarpaulin roof and sidewalls will consist of a series of stationary steel cables secured to helix anchors drilled into the ground; these concentric cables will provide uniform support around the entire circumference of the tank. 9. At the completion of the project the temporary helix ground anchors will be removed. 10. The containment will be constructed of 100%impermeable,light-transmissive tarpaulins.A minimum 24"overlap will be used between tarpaulin panels. 11. The entire floor area within the containment will be covered with 2 layers of heavy-duty polypropylene sheeting covered with OSB/Plywood. 12. Upon completion of all work, all outriggers and cable tree and tab eyes will be removed from the tank. 13. The containment system will be accompanied by a.40,000 cfm dust collector during blasting and painting. N7670 State Highway 25 Menomonie Wisconsin 54751-5928 SSPC Telephone 715-233-6267 1 Facsimile 715-233-6268 . ON www.classicprotectivecoatings.com QPM INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF COUNTY OF On this day of , before me personally appeared to me known to be the person described in and who executed the forgoing bond, and acknowledged that he executed the same as free act and deed. Notary Public CORPORATION ACKNOWLEDGMENT STATE OFA 1 smnvi n COUNTY OF Bunn On this -hday of 2016 , before me personally came }� to me known, who being by me duly sworn, did d ose and say; that he is the of Classic Protective Coatings, Inc. , the corporation described in and which executed the above instrument; that he knows the seal. of said corporation; affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. other ahlA, W , cSt ubTV.. • ry SURETY ACKNOWLEDGMENT '%fir''••..• .` met,of WIsco`,�����` STATE OF MINNESOTA COUNTY OF RAMSEY On this 12"' day of January 2016 , before me appeared John C. Klein to me personally known, who, being duly sworn, did say that he is the Attorney-In-Fact of Continental Casualty Company of Chicago, Illinois that the seal affixed to the foregoing instrument is the corporation seal of said corporation; that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and he did also acknowledge that he executed the said instrument as the free act and deed of said Company. otary Public KARLA DEUTSCH HUNT _ NOTARY PUBLIC-MINNESOTA a„�;; My CDMMIs8i0n Expires Jan,31,2017 , POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT ; Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint John David Klein,John C Klein,Stephen M Klein,Kristin M Bakos,Individually of Saint Paul,MN,their true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 24th day of August,2015. �oasuq�T UiSUDA ManuroF Continental Casualty Company ° ?o� National Fire Insurance Company of Hartford rC)BPORAre --ro American Cas alty Company of Reading,Pennsylvania Q T F- Z n JULY 3!, °V SEAL 1897 HAR y • Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 24th day of August,2015,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. . S.EICH i NOTARY t3Uet,A fiou7N pAK�Tit i f444444444444444444�ti4.4 f' My Commission Expires February 12,2021 S.Eich Notary Public CERTIFICATE I,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company d6 hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said ' insurance companies this 12th day of January, 2016 sell 4� UiSUgq ��varroF Continental Casualty Company ? ��F �yc �"ee National Fire Insurance Company of Hartford a� cot+PoaArfi ; c ��Ncoaeolr�rfo American Casualty Company of Reading,T insylvania Z > C > JULY 31, °t? SEAL 'c s � � � isoz 1897 HAR7F • �\ ••/) D.Bult Assistant Secretary Form F6853-4/2012 00 43 13 BID BOND Page 1 of 1 SECTION 00 4313 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) Classic Protective Coatings,Inc: hereinafter called the Principal,and(Surety Name) Continental Casualty Company 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 Five Percent of Amount bid------- ---- ----------------- - and No/100 Dollars ($ 5%of Amt.bid .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 severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Sun Country Tank Rehabilitation Project 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 terms 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 12th day of January ,2016. By: Classic Protective Coatings,Inc.' Ray Witk�President (Signature and Title of Principal) , *By: tinental Casu y ompa Jo n C Klein,Attorney-in-Fact (Signature of Attorney-of-Fact) I Impressed *Attach Power of Attorney(Surety)for Attorney-in-Fact Surety Seal ? Only I . KLEIN AGENCY, INC. END OF SECTION 3570 No. Lexington Ave. Ste. 206 St. Paul, MN 55126 (651) 484-6461 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20151030 BRAS OD 43 37 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 nonresidents 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 Wisconsin ,our principal place of business, are required to be 0 percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of Wisconsin 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. ❑ BIDDER: Classic Protective Coatings,Inc. By: Ray Wilke I N7670 State Hwy 25 �(C Menomonie,WI 54751 (Signature) Title: President Date: r Z LL, END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS BB Form Revised 20151203 004511-1 BIDDERS PREQUALIFICATIONS Page I of 3 SECTION 00 4511 BIDDERS PREQUALIFICATIONS 1. Summary:All contractors are required to be prequalified for this specific tank rehabilitation project by the City prior to submitting bids.To be eligible to bid the contractor must submit the required prequalification paperwork within the time stipulated, and be approved by the City prior to the bid opening. Prequalification information must be submitted to the designated City Project Manager at least seven(7)days prior to the date of the opening of bids. In order to expedite and facilitate the approval of a Bidder's Prequalification Application,the following records must accompany the submission: a. FINANCIAL-A complete set of current audited or reviewed financial statements. (1) Classified Balance Sheet (2) Income Statement (3) Statement of Cash Flows (4) Statement of Retained Earnings (5) Notes to the Financial Statements,if any b. EXPERIENCE—For an experience record to be considered to be acceptable,it must reflect the experience of the firm in performing tank rehabilitation projects. Experience must be on projects that were completed no more than five years prior to the bid date. A minimum of three references must be included. References must include a contact person,telephone number,project name,total cost,and type of . work performed. c. EQUIPMENT—The prospective bidder shall list the equipment that the Contractor has available for the proj ect and list the equipment that the Contractor will rent as maybe required to complete the project. d. PERSONNEL AND SCHEDULE: The prospective bidder shall submit the names and resumes for the proposed project manager and project superintendent. This information shall include a list of all projects that the proposed project manager and project superintendent completed within the last five years to demonstrate ability to complete complex tank rehabilitation projects in a timely manner. Provide list of contact persons(preferably field inspectors or resident engineers)with names and phone numbers. e. ORGANIZATION: A certified copy of the firm's organizational documents. (Corporate Charter,Articles of Incorporation,Articles of Organization, Certificate of Formation,LLC Regulations, Certificate of Limited Partnership Agreement). f. TAX INFORMATION: The firm's Texas Taxpayer Identification Number as issued by the Texas Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification number visit the Texas Comptroller of Public Accounts online at the following web address www.window.state.tx.us/taxpermit/and fill out the - application to apply for your Texas tax ID. 2. Prequalification Financial Statement Requirements - a. Financial Statements.Financial statement submission must be provided in accordance with the following: (1) The City requires that the original Financial Statement or a certified copy be submitted for consideration. CITY OF FORT WORTH Sun Country Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 TIC 15.232.S465.012 Revised December 3,2015 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 b. Additional firms seeking pre-qualification shall submit detailed information in k accordance with this specification. 4. Eligibility to Bid a. The City shall be the sole judge as to a contractor's prequalification. b. The City may reject, suspend,or modify any prequalification for failure by the contractor to demonstrate acceptable financial ability or performance. c. The City will issue a letter as to the status of the prequalification approval. END OF SECTION CITY OF FORT WORTH Sun Country Tank Rehabilitation _ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15.232.5465.012 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No.01836. Contractor further certifies that,pursuant to Texas Labor Code, Section 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Classic Protective Coatings, Inc. By: Ray Witke Company (Please Print) N7670 State Hwy 25 Signature: 1 C— Address Menomonie, WI 54751 Title: President City/State/Zip (Please Print) THE STATE OF TEX-A&Wisconsin § COUNTY OF TARRANT- Dunn § BEFORE ME,the undersigned authority,on this day personally appeared Ray Witke ,known to me to be the person whose name is i subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Classic Protective Coatings, Inc. for the purposes and i consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22 day of April ,2016 Notary Public in and for the StMe of Texas-Wisconsin j `,,�,A��ner 1 js END OF SECTION +'' 0Cl •........7 � Notary a •• public , foo Of W i,` \,�6 CITY OF FORT WORTH Sun Counhy Tank Rehabilitation STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Project No.02659 Revised December 3,2015 TIC 15.232.S465.012 005243-1 Agreement Page 1 of 4 SECTION 00 52 43 AGREEMENT THIS AGREEMENT,authorized on Apr i f 5 20i6s made by and between the City of Fort Y Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and Classic Protective Coatings, Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1.WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2.PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Sun Country Tank Rehabilitation Project Project No. 02659 Article 3. CONTRACT TIME 3.1 Time is of the essence. All time limits for Milestones, if any, and Final Acceptance as stated in the Contract Documents are of the essence to this Contract. 3.2 Final Acceptance. The Work will be complete for Final Acceptance within 150 days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 3.3 Liquidated damages Contractor recognizes that time is of the essence of this Agreement and that City will suffer financial loss if the Work is not completed within the times specified in Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Five Hundred Dollars ($500.00) for each day that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Sun Country Tank Rehabilitation SPECIFICATION DOCUMENTS Project 02659 Revised December 3,2015 TIC 15.232.S465.012 005243-2 Agreement Page 2 of 4 Article 4. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount in current funds of One Million One Hundred Thirty Four Thousand,Nine Hundred and Fifty Dollars ($1,134,950.00). Article 5. CONTRACT DOCUMENTS - 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents(project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond £ Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE Commitment Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued,become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. CITY OF FORT WORTH Sun Country Tank Rehabilitation SPECIFICATION DOCUMENTS Project 02659 Revised December 3,2015 TIC 15.232.S465.012 005243-3 Agreement Page 3 of 4 Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees { under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being s" sought were caused, in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city,its officers, servants and employees,from and against any and all loss,damage or destruction of property of the city,arising out of, or alleged to arise out of,the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused,in whole or in part, by any act, omission or negligence of the city. Article 7.MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon CITY and CONTRACTOR. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Sun Country Tank Rehabilitation SPECIFICATION DOCUMENTS Project 02659 Revised December 3,2015 TIC 15.232.5465.012 005243-4 Agreement Page 4 of 4 7.6 Other Provisions. The Contractor agrees to pay at least minimum wage per hour for all labor as the same is classified, promulgated and set out by the City, a copy of which is attached hereto and made a part hereof the same as if it were copied verbatim herein. 7.7 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement, if other than duly authorized signatory of the Contractor. IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple counterparts. This Agreement is effective as of the last date signed by the Parties("Effective Date"), Contractor: City of Fort Worth Classic Protective Coatings,Inc. B � Jesus J. Chapa By. Assistant City Manager (Signature) Date — 4 Ray Witke ` Attest: (Printed Name) City Se r ary / ®f FO (Seal) ��° Title: President 0 g® °M Address: % N7670 State Highway 25 M&C_C-27657 0- moo° Date:—: /S//(� 's;7zvo°v °°0° T AS City/State/Zip: Menomonie, WI 54751 Approved as to Form and Legality: April 22, 2016 S Date Douglas W. Black Assistant City Attorney �F APPROVAL RECOMMENDED: j OFFICIAL RECORPI CITY SECIRETAiBIr Jo Robert Carm n FT.WORTH9 TX Water DIRECTOR, CITY OF FORT WORTH Srm Cormny Tank Rehabilitation SPECIFICATION DOCUMENTS Project No.026.59 Revised:December 3,2015 TIC 15.232.S465.012 r f ZI0'99bs'Z£Z'9T DLL STOZ`£-q--Q Fos!Ao I 699Z01oaCard SINTffiN 30(3 hIouvoImogis uorteifi9-pZT V.L Xi—oa-S IU'dOAI.LS.TOa d0 ADD `uOISIATQ glioM ` i.Tod`sexay Jo 10u4sla Tugwox alp xoj IMOD joulsTQ salajS pollen oig.To saxa,L`4iunoo iueuey uT oTI IIBgs onuaA`puog slip uo palg oq uoi L,Ieiial Xue 31 jurR`aaayWaA(Ia(IIhO-aa -rogo pue ooToj IIng uT ul-eumi of oslm.Taglo`ploA pue Ilnu aulooaq pue oq Reqs UOT u2ilgo s1Tp uaTll`f4lD oqI jo lied oqj uo pajue.T2 oq Xum imp IouiluoD aql jo uOTSUOIxa t jo pouad due 5uunp.Ilam se pue `ol pauojaa u1angj s;uaumoop jou4mo puE `suollsogloods `sueld aTp of 2ulpa000E`joexluoD aTp japun`szaps0 a ust10 2urpnloui`Sho ff agj uuojjad/,Iln3g4Iej pu-e flnp sloodsa.T Ila ui 11-egs pue jou4uoD oqj.spun suoT u5Tlgo 11 uuojiad XII Tej Ilegs Iedlouud plus aTp 3Y jETp IToIIs s1 uoT;ei?Ilgo slgj jo uogTpuoo all`a2I03a2iaa.L MON 6sszo '0 jaa ltd `uoyvjl1ggvg9y-yuvr diYunoo ung se p04aT�Isap IOMIUOD pies UT JOJ paplAozd se`szapTo a2uugo,qua$TupnlouT`SI.Tom aTl}Jo uOTInaaso.Td mp ul `mel 4q pou4op sauoss000e aaglo puL,.TogEl 4uomdmba `slauaIEux TIE gsnuTp n3 of`u1a.Taq .roj has XlpU j1 sE sasodind IIe aoj jowoq a.Tad e apeuz puE o4 pauajaThga.TaTI s14m4uoa goRm 96OZ` Iiady jo Xep 4l5 aql popzeme X410 oill Slim joa4uoo ua41um ujuvoo e oluT pomim sell Iadlouud oqI `SVaUguA. -s4uosazd osog4 fq Xlmrg `XIlemAos pue Xliurof`su&ssE pue szoss000ns`ssOla.4sTTTTTape`szolnoaxa`smq ino`sanlasmo pulq am`apauT oq o}Alcul pIIE Ilam ems Tlolgm jo luou (-ed alp.Tod sexay `AlunoD luEZTay `glzorn}zod ul plvd oq of`soja}S pagan aq4 jo Xouova"mul`( -----------------00'056`17£L'6 $) s.TEIlocl ------------------------------------------- 'jo tuns { paapunH OWN puesnoyl anon Alaiyl paapunH auo uoipi auo IEuad lip uT`To-ioq«f4I3„SE umOTDI`saxay jo SmEl oqj Ol;uansind palmio uOTIaSOIuoo IedTOTQ m e `Tl4soAA,Izog 3o Xl10 oql olun punoq,pnnj pue ploq ala`(a.Totu xo auo aaglo-qm)ulaaaq,,Xlo.nS„ se umon l`saxay jo olelS oql uT ssomsnq op o;pazuoglnu XInp(auo uvgl axoul jl`soilazns)XIoms ajE.Todzoo E Auedwoo Allenseo leluauilu00 pup uTaaaq«Tediauud„ se umOII31` 'out `s6uileOo aAiloaload oisselo `am IeTIy § S,NV2i"L,d0 AILNMOD :sxNasaxa asmL xa zrIV MOS § § svxal do HILVIS ML 9�ZLZ96Z6#ON09 QNOg a0xv tiRI0rI2IF1d £I I9 00 Noll3as ZJO I aiEd clmou H3MVl 0Aldad T £T T9 00 ... .. ........ 006113-2 PERFORMANCE BOND Page 2 of2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in # accordance with the provisions of said statue. l IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 5th day of April 2016 t , PRINCIPAL: Classic Protective Coatings, Inc. BY: # Si lure ATTEST: �k LRay Witke, President (Principal)Secretary U Name and Title • i Address: N 7670 State Hwy 25 Menomonie,Wl 54751 f `" Witness as to Principal SURETY: ' Continental Casualty Company Signature John C Klein, Attorney-in-Fact . , KLEIN AGENCY, INC, Name and Title 3570 No, Lexington Ave. Ste, 2CAddress: 333 S Wabash Ave., 41st. FI St. Paul, MN 55126 Chicago, IL 60604 (651) 484-6461 - Witn ss as to Surety Telepbone Number: 312-822-5000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address,both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. r' Crl'Y OF FORT WORTH Sun Country Tank Rehabilitation SPECIFICATION DOCUMENTS Project 02659 Revised December 3,2015 TIC 15.232.S465.012 006114-1 .a, PAYMENT BOND Page 1 of 2 SECTION 00 6114 PAYMENT BOND BOND#929627716 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § T' That we, Classic Protective Coatings Inc. known as "Principal" herein, and Continental Casualty Company a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as"City"herein, One Million One Hundred Thirty Four Thousand Nine Hundred in the penal sum of Fifty and 00/100-------------------------------------------- ----------- Dollars ($ 1,134,950.00---------------- ), lawful money of the United States, to be paid in Fort Worth, Tarrant County,Texas, for the payment of which sum well and truly be made,we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents: WHEREAS,Principal has entered into a certain written Contract with City, awarded the 5th day of Apirl , 2016 , which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Mork as provided for in said Contract and designated as Sun Country Tank Rehabilitation,Project No. 02659. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any'(and all) payment bond beneficiary (as defined in - Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the.Work under the Contract, then this obligation shall be and become null and void, otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. CITY OF FORT WORTH Sun Country Tank Rehabilitation SPECIFICATION DOCUMENTS Project 02659 Revised December 3,2015 TIC 15.232.5465.012 006114-2 PAYMENT BOND Page 2 of IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 5th day of April , 2016 PRINCIPAL: Classic Protective Coatings, Inc. ATTEST: BY: P , Signatur6 l 1. k l Ray Witke, President Ad (Principal) Secretary Name and Title Address: N 7670 State Hwy 25 Menomonie,Wl 54751 ; Witness as to Principal SURETY: Continental Casualty Company ATTEST: =Sila C John C Klein, Attorney-in-Fact (Surety) ecretary Name and Title Address: 333 S Wabash Ave., 41 st. FI Chicago, IL 60604 'Witness as to Surety Telephone Number: 312-822-5000 Note: If signed by an officer of the Surety, there must be on file a certified extract from the I bylaws showing that this person has authority to sign such obligation. If Surety's physical - address is different from its mailing address,both must be provided. 1111-EIN A(A;NCY, INCA 3570 No. Lexington Ave, Ste. 206 The date of the bond shall not be prior to the date the Contract is awarded. St. Paul, MN 55126 END OF SECTION (651) 484-6461 MY OF FORT WORTH Sun Country Tank Rehabilitation SPECIFICATION DOCUMENTS Project 02659 Revised December 3,2015 TIC 15.232.5465.012 006119-1 MAINTENANCE BONA Page I of 3 SECTION 00 6119 MAINTENANCE BOND 4 THE STATE OF TEXAS § § ENOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Classic Protective Coatings Inc. _,known as -_ "Principal"herein and Continental Casualty Company , a corporate surety (sureties, if more than one)duly authorized to do business in the State of Texas,known as "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas,knovm as"City"herein, One Million One Hundred Thirty Four Thousand Nine Hundred in the sum of Fifty and 00/100-------- -------------------------------- Dollars ( 1,134,950.00----------------- ),lawful money of the United States,to be paid in Fort Worth, Tarrant County,Texas,for payment of which sum well and truly be made unto the City and its ry successors,we bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS,the Principal has entered into a certain written contract with the City awarded the 5th day of April 2016 ,which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories as defined by law,in the prosecution of the Work,including any Work resulting from a duly authorized Change Order(collectively herein, the"Work") as provided for in said contract and designated as Sun Country Tank Rehabilitation, Project No. 02659; and WHEREAS,Principal binds itself to use such materials and to so construct the Work in accordance with the plans,specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two(2)years after the date of Final Acceptance of the Work by the City("Maintenance Period"); and WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefore at any time within the Maintenance Period. CITY OF FORT WORTH Sun Country Tank Rehabilitation SPECIFICATION DOCUMENTS Project 02659 Revised December 3,2015 TIC 15.232.5465M2 ti 006119-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE,the condition of this obligation is such that if Principal shall remedy any defective Work,for which timely notice was provided by City,to a completion satisfactory to the City,then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work,it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and. PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall he in Tarrant County,Texas or the United States District Court for the Northern District of Texas,Port Worth Division;and PROVIDED FURTHER,that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH Sun Country Tank Rehabilitation SPECIFICATION DOCUMENTS Project 02659 Revised December 3,2015 TIC 15.232.S465.012 006119-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 5th day of April ,2016 PRINCIPAL: Classic Protective Coatings, Inc. BY: Signa e ATTEST: Ray Witke, President (Principal)Secretary U Name and Title Address: N 7670 State Hwy 25 Menomonie,Wl 54751 Witness as to Principal SURETY: Continental Casualty Company Signature E John C Klein,Attorney-in-Fact ATT ST: Name and Title c I Address: 333 S Wabash Ave..41st. FI (Sur retary Chicago IL 60604 fitness as to Surety Telephone Number: 312-822-5000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. KLEIN AGENCY, INC, 35'10 No. LeAngton Ave, Sto. 266 ;3t. maul, MN 65126 (651) 484.-6461 CITY OF FORT WORTH Sun Country Tank Rebabilitation SPECIFICATION DOCUMENTS Project 02659 Revised December 3,2015 TIC 15.232.5465.012 INDIVIDUAL OR PARTNERSHIP ACKNOWLEDGMENT STATE OF COUNTY OF On this day of , before me personally appeared to me known to be the person described in and who executed the forgoing l bond, and acknowledged that he executed the same as free act and deed. Notary Public CORPORATION ACKNOWLEDGMENT STATE OF VVi WnsiA COUNTY OF C)uj-)n On this zo day o 2016 , before me personally came to me known, who being by me duly sworn, did dep se and say; that he is the of Classic Protective Coatings, Inc. , the corporation described in and which executed the above instrument; that he knows the seal of said corporation; affixed by order of the Board of Directors of said corporation, and that he signed his name thereto by like order. " .,......2 .�� of`. r 6 al y Pubfrc y l � y • SURETY ACKNOWLEDGMENT STATE OF MINNESOTA ,�®gra iW�a0 o`� f COUNTY OF RAMSEY On this 14th day of April 2016 , before me appeared John C. Klein to me personally known, who, being duly sworn, did say that he is the Attorney-In-Fact of Continental Casualty Company of Chicago, Illinois that the seal affixed to the foregoing instrument is the corporation seal of said corporation; that the said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and he did also acknowledge that he executed the said instrument as the free act and deed of said Company. - Notary Public KARLA DEUTSCH HUNT NOTARY PUBLIC-MINNESOTA My Commission Expires Jan,31,2017 a POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, - and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint John David Klein,John C Klein,Stephen M Klein,Kristin M Bakos,Individually of Saint Paul,MN,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 24th day of August,2015. \ GAS t1q�r %HSURq ANY 0A Continental Casualty Company �cF +°° National Fire Insurance Company of Hartford H� OORP:RAre ,NggRPORgjEOT American Casualty Company of Reading,Pennsylvania _ 2 $ JULY 31, 2 V SEAL t y � 1902 �..._..- a 1897 � HAR1F�� Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 24th day of August,2015,before me personally came Paul T.Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company, National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. 444444%%44%%%444%4444444# y S. EICH IS $$+, NOTARYPUWC , SOUTH DAIKMAM., ♦44444444444444444444444� My Commission Expires February 12,2021 S. Eich Notary Public CERTIFICATE I,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 14th day of April, 2016 �GASUq<� 1HSURq MPContinental Casualty Company *� ANYO<F ° 4`�90 National Fire Insurance Company of Hartford z� poAPOAArt o c; "aRpofoSAmerican Casualty Company of Reading,,Pennsylvania _ O 2 n JULY 31, a U SEAL c y 1902 r as 1897 � HARIF�� b • � D.Bult Assistant Secretary Form F6853-4/2012 Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'11 day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time, the signature of the Authorized Officers,in addition to being provided in original,hard copy format, may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25th day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the "Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time, the signature of the Authorized Officers,in addition to being provided in original,hard copy format,may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'h day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas,from time to time, the signature of the Authorized Officers,in addition to being provided in original,hard copy format, may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 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............................................................................................................................11 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 Article5—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 Revised:November 9,2011 qy ACCOH DATE(MM/DD/YWY) CERTIFICATE OF LIABILITY INSURANCE 5/5/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 CONTACTSteve Klein KLEIN AGENCY INC PHONE FAx 3570 N Lexington Ave #206 E-MAIL (651)484-6461 A/c N.,:(651)484-6861 g E-MAIL s:steveklein@kleinagency.com St Paul, NI 55126-2805 INSURERS AFFORDING COVERAGE NAIC# INSURERA: Illinois Union Insurance 27960 INSURED Classic Protective Coatings, Inc. INSURERS: Navagators Specialty Ins. Co. 36056 INSURER C: N 7670 State Highway 25 INSURER D: Menomonie, WI 54751 INSURER E: (715)233-6267 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICYNUMBER MM/DD/YYYY MM/DD/YYYY LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES MI E occurrence) $ 100,000 CLAIMS-MADE ®R OCCUR MED EXP An one erson $ 10,000 A X G24087402007 8/28/158/28/16 PERSONAL&ADV INJURY $ 1,00 0,000 GENERAL AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s 2, 000,000 POLICYX PRO- LOC $ AUTOMOBILE LIABILITY EO aBINED SINGLE LIMIT $ ANYAUTO BODILY INJURY(Per INJURY(Per person)) $ ALLOWNED SCHEDULED (Per accident AUTOS AUTOS ( )BODILY INJURY P $ HIRED AUTOS NON-OWNED PROPERTY AUTOS P r i n DAMAGE $ $ X UMBRELLA LIAR I X OCCUREACH OCCURRENCE $10,000,000 $ EXCESS LIAR rl CLAIMS-MADE CH 15 EXC 3 9 4 7 9 0 I C 8/28/158/28/16 AGGREGATE $10,000,000 DED I X I RETENTION 10 0 0 0 WORKERS COMPENSATION WC STATU- I OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER(MEMBER EXCLUDED? NIA (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ Ifyes,describe under DESCRIPTION OF OPERATIONS belomE.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project: Sun Country Tank Rehabilitation Project, Project No. 02659 The City of Fort Worth and Tank Industry Consultants are named as Additional insured where required by written contract per the endorsement attached to the policy. "X", "C", "U" coverage applies. Waiver of Subrogation applies. CERTIFICATE HOLDER CANCELLATION City of Fort Worth 1000 Throckmorton Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Fort Worth, TX 76102 ACCORDANCE WITH THE POLICY PROVISIONS. Phone: 817-392-8293 AUTHORIZED REPRESENTATIVE r ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD ^ Phone: (817)392-8293 1 ® DATE(MM/DD/YYYY) ACCORD CERTIFICATE OF LIABILITY INSURANCE 05/09/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Karen Saxe Win,ey_RL„s+a„I Insurance AgencyINC.PHONE 715-235-6479 AAjXr_. N9:715.235-8860 420 E.Main Street ADDRESS.^ karen@burstadinsurance.com Menomonie,WI 54751 INSURERS AFFORDING COVERAGE NAIC N INSURER A: Auto Owners - 18988 INSURED INSURER B: Classic Protective Coatings Inc INSURER C: N7670 State Road 25 INSURER D: Menomonie,WI 54751-5928 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-2462505 REVISION NUMBER: 2 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF INSURANCE ADDL SUBR POLICY NUMBER MM%IICY EFF POLIMM/ODY EXP LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ IMAGE TORENTE CLAIMS-MADE FIOCCUR PREMISES(E.occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑PRO ❑LOC PRODUCTS-COMP/OPAGG $ JECT OTHER: $ A AUTOMOBILE LIABILITY Y Y 4481550200 12/12/2015 12/12/2016 E�aBc deD SINGLE LIMIT $ ANY ATO BODILY INJURY(Per person) $ 1,000,000 AOWNED TOS ONLY X AUTOSULED BODILY INJURY(Per accident) $ 1,000,000 HIRED NON-OWNED PROPERTY D X AUTOS ONLY X AUTOS ONLY (Per a c d nt AMAGE $ 1,000,000 000000 $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ OED F RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STAT TE ER ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYE $ if yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) Project:Sun Country Tank Rehabilitation Project,City Project No.02659 Additional Insured and Waiver of Subrogation in favor of: City of Fort Worth,as their interest may appear including their respective officers,directors,agents and employees,1000 Throckmorton street, Fort Worth,Texas 76102 Phone:817-392-8293 continued on ACCORD 101 Additional Remarks Schedule 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 ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St. Fort Worth,TX 76102AUTHORIZE REPRESENTATIVE KMS @ 1988-20 5 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Printed by KMS on May 09,2016 at 04:34PM AGENCY CUSTOMER ID: 00000000 LOC#: ACC)ML?® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Corey-Burstad Insurance Agency Classic Protective Coatings Inc POLICY NUMBER 4481550200 CARRIER NAIC CODE Auto Owners 18988 EFFECTIVE DATE:12/12/2015 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance (continued from Description of Operations) And: Tank Industry Consultants,7740 West New York Street,Indianapolis,IN 46214 Phone:317-271-3100 ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by KMS on May 09,2016 at 04:34PM DATE(MM/DD/YYYY) A4CC)R"® CERTIFICATE OF LIABILITY INSURANCE 05/10/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must 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 Willis of Wisconsin, Inc. NAME: c/o 26 Century Blvd PHONEFAX A N Ex •1-877-945-7378 A/C No:1-888-467-2378 P.O. Box 305191 E-MAIL Nashville, TN 372305191 USA ADDRESS:certificates@willis.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Texas Mutual Insurance Company 22945 INSUREDClassic Protective Coatings Inc. INSURER B: N7670 State Hwy 25 INSURERC: Menomonie, WI 547515928 INSURER D INSURER E INSURER F COVERAGES CERTIFICATE NUMBER:W1426119 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 ADDLITYPE OF INSURANCE INSD WVD SUER POLICY NUMBER POLICY EFF MM/DCD/YYYY LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TCLAIMS-MADE FIOCCUR PREM SESOEaEoccur RNTEante $ MED EXP(Any one person) $ PERSONAL R ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ PRO � JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ _ EXCESS LIAR HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION x PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER A YIN ANY PROPRIETOR/PARTNER/EXECUTIVE y E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? FY—] NfA TSF-0001149399 09/20/2015 09/20/2016 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below - E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) This Voids and Replaces Previously Issued Certificate Dated 04/13/2016 WITH ID: W1393303. Re: Sun Country Tank Rehabilitation Project. City Project No. 02659. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Fort Worth 1000 Throckmorton street ort Worth, TX 76102 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD SR ID:12039651 BATCH:Batch #: 224500 AGENCY CUSTOMER ID: LOC#: A�R� ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis of Wisconsin, Inc. Classic Protective Coatings Inc. POLICY NUMBER N7670 State Hwy 25 See Page 1 Menomonie, WI 547515928 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance A waiver of Subrogation applies in favor of the Certificate Holder as permitted by law. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 12039651 Batch #: 224500 W1426119 CERTIFICATE OF LIABILITY INSURANCE DA05/10/2016 Y) os/lo/zo16 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must 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 Willis of Wisconsin, Inc. NAME: IFAX c/o 26 Century Blvd AHONN Ex •1-877-945-7378 A/C No:1-888-467-2378 P.O. Box 305191 E-MAIL ADDRESS:certi£icates@willis.com Nashville, TN 372305191 USA INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Texas Mutual Insurance company 22945 INSURED Classic Protective Coatings Inc. INSURER B: N7670 State Hwy 25 INSURER C: Menomonie, WI 547515928 ENSURER D INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER:W1426120 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 ADDLITYPE OF INSURANCE IVSD WVD SUER POLICY NUMBER - MM/POLDDmYY POLICY EXP LIMITS LTR COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $IMAGE TORENTED _ CLAIMS-MADE r_1OCCUR -PREMISES(E.occurrence) $ MED FRCP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY ] PRO-JECT [—] LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (P.r. Per accident UMBRELLA LIAR OCCUR EACH OCCURRENCE $ EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER A ANY PROPRIETOR/PARTNER/EXECUTWE Y E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBEREXCLUDED? � N/A TSF-0001149399 09/20/2015 09/20/2016 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) This voids and Replaces Previously Issued Certificate Dated 04/13/2016 WITH ID: W1393304. Re: Sun Country Tank Rehabilitation Project. City Project No. 02659. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Tank Industry Consultants ,I 7740 West New York Street ndianapolis, IN 46214 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD SR ID:12039651 BATCH:Batch #: 224500 AGENCY CUSTOMER ID: _ LOC#: Ac"" ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willis of Wisconsin, Inc. Classic Protective Coatings Inc. POLICY NUMBER N7670 State Hwy 25 See Page 1 Menomonie, WI 547515928 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: certificate of liability Insurance A Waiver of Subrogation applies in favor of the Certificate Holder as permitted by law. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 12039651 Batch #: 224500 W1426120 006125-1 CERTIFICATE OF INSURANCE Page I of I SECTION 00 6125 CERTIFICATE OF INSURANCE [For Contract Document execution, remove this page and replace with standard ACORD Certificate ofInsuranceform.] END OF SECTION CITY OF FORT WORTH Sun Country Tank Rehabilitation SPECIFICATION DOCUMENTS Project 02659 Revised December 3,2015 TIC 15.232.5465.012 ' ( K K " K " 6.02 Labor; Hours................................................................................................................20 6])3 Services,Materials, and Equipment-'-'-'.'---.-'---'--.-.-.---...'-..20 6.04 Project Schedule..........................................................................................................................2l � 6.05 Substitutes and -.--.-----------------------.------..2l 6.00 Concerning Subcontractors, Suppliers, and Others................................... ................................24 0 O.O7 Wage Rates K �~ ' « 6.08 Patent Fees and Royalties.-'-'---.-.-.-.--------'-'-'-'-------.26 0.09 Permits and Utilities....................................................................................................................27 � (il0 Laws and ---'-'---.--'-'-'-'-'----'-''--'-----2J -� -'_�___--_--. m 0.11 Taxes...........................................................................................................................................20 6.12 Use ufSite and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 � 6.14 Safety and Protection..................................................................................................................29 � 6.15 Safety -..-------'-----.'------------------30 . 6.16 Hazard Communication Programs ------.--------.-.-------------.-30 0 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................3l 6i19Continuing the Work...................................................................................................................32 ^ 6.20 Contractor's General and(��nzuz�e------------------.------..32 0.21 Indemnification-----'--'-'----------.------.---.-.--'-.33 6.22 Delegation of Professional Design Services..............................................................................34 � 6.23 Right toAudit..............................................................................................................................34 � 356.24 �'������.������.��'��.'���.��'�'���'���' Article7-Other Work utthe Site...................................................................................................................35 � 7'01 Related Work o1Site...................................................................................................................35 7.02 Coordination................................................................................................................................3h ° Article 0-City's Responsibilities.-'-'-------.-.---------------.-----..3h 8.01 Communications boContractor...................................................................................................36 � 8.03 Furnish Data................................................................................................................................3h � 0.03 Pay When Due............................................................................................................................3h 8.04 Lands and Easements;Reports and Tests...................................................................................36 81�5 Change Orders.............................................................................................................................36 � 8.06 Inspections,Tests, and Approvals-_-------'-'-'-----'-'--------'.36 8.07 Limitations ooCity's Responsibilities---.----------.----.-------.-.-..37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 U 8.09 Compliance with Safety Program-'-'---.-----------.-----''-.---.37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative.---------.----.--'.'-'-'-'------'.37 9l2Visits toSite................................................................................................................................37 ' 9.03 Authorized Variations boWork..................................................................... --.-'-.--..38 � � 9.04 Rejecting Defective Work..........................................................................................................30 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements niContract Documents and Acceptability ofWork......................38 CITY onFORT WORTH � STANDARD CONSTRUCTION SPECIFaCATTONnmCUhmNTa Revised:November 9,zno � AoticJelO—Changes iothe Work; Extra Work................................................................................3Q lO.OlAuthorized Changes bothe Work...............................................................................................30 10.02 Unauthorized Changes bothe Work...........................................................................................39 l0.03Execution o[Change Orders.......................................................................................................3A l{iO4Extra Work..................................................................................................................................]g l0.05Notification tnSurety..................................................................................................................39 l0.OhContract Claims Process.............................................................................................................4U Aztiolell—CootoftbeWozk- Unit Price Work;Plans ..-----.'4I 11.01 Cost ofthe Work.........................................................................................................................4l ll.0% Allowances..................................................................................................................................43 ll.O3Unit Price Work............................................ ..............................................................................44 ll.O4Plans Quantity Measurement......................................................................................................45 Article l2—Change ofContract Price; Change ofContract Time.................................................................40 12.01 Change ofContract Price............................................................................................................4b 12i02 Change ofContract Time............................................................................................................47 1213 Delays--.—..---'-----'-----.-------'----------.--.--47 Article l3—Tests and Removal or Acceptance ofDefective Work......................48 l3.0lNotice ofDefects ........................................................................................................................48 ]3.O2Access toWork...........................................................................................................................4U l3.03Tests and Inspections-----'-----.---.—'-----'—.-.—.---'---.48 13.04 Uncovering Work........................................................................................................................49 13J5City May Stop the Work.............................................................................................................4g l3.06Correction orRemoval ofDefective Work................................................................................50 l3.U7Correction Period........................................................................................................................5U 1I08 Acceptance ofDefective Work...................................................................................................5l l3.O9City May Correct Defective Work..............................................................................................5l Article l4—Payments toContractor and Completion----------------------------52 I4.0lSchedule ofValues......................................................................................................................5l 14.02 Progress Payments--.—.----------'----'---------------'—'52 14.03 Contractor's Warranty u[Title...................................................................................................54 }4.U4Partial Utilization.................... ...................................................................................................55 14l�5 Final Inspection—.—.—.—.--------'-----.---.---.---.---.---55 14.06 Final Acceptance.—.----.-------.------.----.---.—.----.--55 14.07 Final -----.—.—'----.------------.----.--------5d 14.08 Final Completion Delayed and Partial Retainage Release........................................................50 l4.O9Waiver u[Claims........................................................................................................................57 Article l5—Suspension ofWork and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 l5.0% City May Terminate for Cause...................................................................................................50 l5.03City May Terminate For Convenience.......................................................................................h0 Articlel6—Dispute Resolution.......................................................................................................................dl lM.0lMethods and Procedures.............................................................................................................6l MYmpFORT WORTH STANDARD CONSTRUCTION omsMCAan7mzx)oomomTa Revised:November 9,2011 ' U � � �2 Aztklol7— —'---'---'---------'—'-------'---'----'— d2 l�[Ol I��doo---.—.—_-------'------------'—'—__--.--- - 02 � l7'02 o�I�ooa-------------------------------------. � - �2 l7.040nz�ivulof l7.O3 (�onuludveI��oedioa--.------------.----------------------- Obligations 0] ---------_—_—_—______—__._._________._ Dl�[05 ----'—'--'-------''—''--'—'—'—'---'—'----'—'---'"' � ~ ' ` K 8 / � � MYonFORT WORTH � STANDARD cnmsznoczzomSPECIFICATION ooconmaaa 007200-1 GENERAL CONDITIONS Page 1 of 62 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. 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. C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-2 GENERAL CONDITIONS Page 2 of 62 —A document, which is prepared and approved by the City, which is signed 13. Change Order 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 fbr 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 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. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-3 GENERAL CONDITIONS Page 3 of 62 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. 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. 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. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011 007200-4 GENERAL CONDITIONS Page 4 of 62 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 Revised:November 9,2011 007200-5 GENERAL CONDITIONS Page 5 of 62 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 Representative—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 thm 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 famished 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 Revised:November 9,2011 007200-6 GENERAL CONDITIONS Page 6 of 62 63. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent—The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier=A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to famish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes,vaults,tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater,storm water, other liquids or chemicals,or traffic or other'control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours—Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday,as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction,all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays,or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.023 through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised:November 9,2011