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HomeMy WebLinkAboutContract 47926 CITY 5EUMAKI D.O.E. FILE (0HMCTOR'S BONDING CO. CONSyRUCTION'S COPY CITY SECRETARY q,1ENT DEPARTMENT FORT WORTH CWRacT ao. PROJECT MANUAL FOR MICRO SURFACING 2016 AT VARIOUS LOCATIONS City Project No. 100066 Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department OFFICIAL RECORD CITY SECRETARY Prepared by FT.WORTH,TX The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2016 OF / * /009.9 6-0 069094*go RAD I.NUSRALLAH ..:...0.........�...i �i 88823 % ►►►� %& . SON 1 Z 000000-1 TABLE OF CONTENTS Page 1 of 2 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00- General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 0011 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 00 45 26 Contractor Compliance with Workers'Compensation Law 15 00 45 40 Minority Business Enterprise Goal 16 00 52 43 Agreement 17 0061 13 Performance Bond 18 0061 14 Payment Bond 19 0061 19 Maintenance Bond 20 00 61 25 Certificate of Insurance 21 00 72 00 General Conditions 22 00 73 00 Supplementary Conditions 23 24 Division 01 - General Requirements 25 01 1100 Summary of Work 26 01 31 19 Preconstruction Meeting 27 01 31 20 Project Meetings 28 01 32 16 Construction Progress Schedule 29 01 3233 Preconstruction Video 30 01 35 13 Special Project Procedures 31 01 4523 Testing and Inspection Services 32 01 5000 Temporary Facilities and Controls 33 01 5526 Street Use Permit and Modifications to Traffic Control 34 01 58 13 Temporary Project Signage 35 01 70 00 Mobilization and Remobilization 36 01 7123 Construction Staking 37 017423 Cleaning 38 0177 19 Closeout Requirements 39 01 78 39 Project Record Documents 40 41 Division 32—Exterior Improvements 42 3201 17 Permanent Asphalt Paving Repair 43 32 12 16 Asphalt Paving 44 32 1723 Pavement Markings 45 46 Division 34-Transportation 47 3471 13 Traffic Control 48 CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised November 9,2011 000000-2 TABLE OF CONTENTS Page 2 of 2 1 TxDOT Standard Specifications for Construction and Maintenance of Highways,Streets 2 and Bridges 2014 adopted by the Texas Department of Transportation are included for this 3 Project. All standard specifications included in the Department's Standard for Construction and 4 Maintenance of Highways, Streets, and Bridges are incorporated into the contract by reference. 5 All reference within these Standard Specifications to TxDOT, the STATE,the DEPARTMENT, 6 the ENGINEER,or other such terms shall be understood to refer to the CITY OF FORTWORTH 7 for the purpose of this contract. 8 9 Special (TxDOT) 10 ITEM 300 Asphalt, Oils and Emulsions 11 ITEM 350 Micro Surfacing 12 13 14 Appendix 15 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 16 GC-6.07 Wage Rates 17 A Standards and Details 18 19 END OF SECTION CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised November 9,2011 offidaI site of the C ty of Fort Worth,Teas CITY COUNCIL AGENDA Fo RTWoRTH DATE: 6/7/2016 REFERENCE **C-27747 LOG NAME: 20MICRO-SURFACING 2016 NO.. CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Contract with Intermountain Slurry Seal, Inc., in the Amount of $764,181.47 for Micro-Surfacing 2016 at Various Locations and Provide for Project Costs and Contingencies for a Total Project Amount of$916,181.47 (COUNCIL DISTRICTS 2, 6, 8 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Intermountain Slurry Seal, Inc., in the amount of$764,181.47 for Micro-Surfacing 2016 at various locations. DISCUSSION: In the Fiscal Year 2016 Contract Street Maintenance Program, various types of street maintenance and preservation techniques are grouped into specific contract packages. The Micro-Surfacing is a pavement preservation technique to prevent pavement deterioration and add pavement skid resistance. Micro-Surfacing 2016 Contract will provide a thin layer of polymer-modified emulsified asphalt coat on approximately 31 lane miles of arterial streets and collectors at locations listed on the attachment provided (City Project No. 100066). Description Amount Design $0.00 Construction $764,181.47 Project $152,000.00 Management/Inspection/Contingencies, Etc. Total Project Budget $916,181.47 Construction for this project is to start approximately June, 2016 with a completion date of approximately September, 2016. This project was advertised for bid on February 18, 2016 and February 25, 2016 in the Fort Worth Star- Telegram. On March 17, 2016, the following bids were received: Bidders Amount Intermountain Slurry Seal, Inc. $764,181.47 Viking Construction $840,995.93 MNVBE OFFICE - Intermountain Slurry Seal, Inc., is in compliance with the City s BDE Ordinance by committing to 14 percent MBE participation. The City' s MBE goal on this project is 14 percent. This project is located in COUNCIL DISTRICTS 2, 6, 8 and 9, Mapsco 62L, 77V, 78E, 89R, 90B, 92B, 92P, 103H and 103K. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the Street Improvements CO's Residuals Fund. Description Appropriation to Current and Pending Remaining Balance Date Sub-projects Contract Street $11,703,900.00 $916,181.47 $10,787,718.53 Rehabilitation Programmable Project P00020 TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chantfield 2 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 39412 0200431 5740010 1 100066 1 006280 J J $916,181.4 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Richard Martinez (7914) Tariqul Islam (2486) ATTACHMENTS Form 1295 Intermountain Siuny Seal Inc..pdf Map 01 Microsurfacing 2016.pdf Maw 02 Microsurfacing 2016.pdf Map 03 Microsurfacing 2016.pdf Map 04 Microsurfacing 2016.pdf Map 05 Microsurfacing=2016.pdf Map 06 Microsurfacing 2016.gdf Street Locations Micro-Surfacing 2016 (2).pdf 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of MICRO SURFACING 2016, AT VARIOUS LOCATIONS, 6 City Project No 100066 will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M. CST,Thursday, March 17, 2016, and bids will be opened publicly and read aloud 13 at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the (approximate)following: 17 18 229,030 SY Polymer Modified Miro Surfacing 19 127 CY Asphalt Pavement Base Repair 20 65,357 LF Thermoplastic Lane Lines 21 22 DOCUMENT EXAMINATION AND PROCUREMENTS 23 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 24 of Fort Worth's Purchasing Division website at http://www.fortworthgov.org/purchasing/and 25 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 26 Contract Documents may be downloaded, viewed,and printed by interested contractors and/or 27 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 28 Parties Form 1295 and the form must be submitted to the Project Manager before the 29 contract will be presented to the City Council. The form can be obtained at 30 https://www.ethics.state.tx.us/tee/1295-Info.htm 31 32 Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy, 817- 33 392-8363, City of Fort Worth,Transportation and Public Works, 1000 Throckmorton St., Fort 34 Worth, TX 76102 35 36 The cost of Bidding and Contract Documents is: $30.00 37 38 PREBID CONFERENCE 39 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 40 BIDDERS at the following location, date, and time: 41 DATE: Monday,February 29,2016 42 TIME: 10.00 A.M. 43 PLACE: Transportation and Public Works, Street Services, 5001 James Avenue, Suite#: 44 201,Fort Worth,Texas 76115 45 46 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 47 City reserves the right to waive irregularities and to accept or reject bids. 48 CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS I00066 Revised November 27,2012 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 INQUIRIES 2 All inquiries relative to this procurement should be addressed to the following: 3 Attn: Tariqul Islam,City of Fort Worth 4 Email: tariqul.islam@fortworthtexas.gov 5 Phone: 817-392-2486 6 7 ADVERTISEMENT DATES 8 February 18, 2016 9 February 25, 2016 10 t 1 END OF SECTION CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised November 27,2012 0021 13- 1 INSTRUCTIONS TO BIDDERS Page I of 10 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person,firm, partnership,company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm, partnership,company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. 1PrequafiAeetien of BidQeIFS (PneCenaetOFS ate, a�beenaE>ters) 33 34 35 36 not pr-equalified (even if inadvef4ently opened) shall Hot be. euensidef:ed. WeEtualifieation 38 39 3.' , Paving RequiFemeiitsae> ;--Pent-leeated 40 41 42 c�inn. ,:� t:�,c�ono r inn�nr r A T r�r�A rl0N%20RE 43 11 HR V--44ENT-S /70CYlD%'-)nD A VTAT(`_C7 2000NT- A CTO S 44 45 3.1.2. Roadway and Pedestrian Lighting RequiFementsElacu rent legated a 46 47 48 c 49 CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised August 21,2015 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 10 1 2 ; 3 4 5 6 7 8 9 ,most be pfepafed te submAt to City within 10 ,the Eleeamentatien identified in Seetieft go 11 . 12 13 14 . 15 16 17 3.3.The City r-eseFyes the right te m"ife any pFe qu"ed eentmetef who is the apparent lew 18 , 19 , 20 , 21 to assist the City in eveAuating and assessing the abilky of the appafeat low biddef(s)te 22 23 thO StiptlWed tiffle ffaffle.Based UPOR the City's 24 , 25 City Geoneil. Failum to submAt the addkienal infeEmation,if mquested,may be gr-euads 26 f F r-e;eetifig the a at 1..w hidde..., neftr-espeasive. A ffeeted„ .,t.-.,et ffs. .;11 he 27 . 28 29 3.4.In addifieff to pFequalifieation, 30 .Mifi VeA81dS eet:e..i of the! fflt f et D@e,,...e„t., 31 32 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 33 34 4.1.Before submitting a Bid,each Bidder shall: 35 36 4.1.1. Examine and carefully study the Contract Documents and other related data 37 identified in the Bidding Documents(including "technical data" referred to in 38 Paragraph 4.2.below).No information given by City or any representative of the 39 City other than that contained in the Contract Documents and officially 40 promulgated addenda thereto, shall be binding upon the City. 41 42 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and 43 site conditions that may affect cost,progress,performance or furnishing of the 44 Work. 45 46 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 47 progress,performance or furnishing of the Work. 48 CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised August 21,2015 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 10 1 4.1.4.Be advised,City, in accordance with Title VI of the Civil Rights Act of 1964, 78 2 Stat. 252,42 U.S.C. 2000d to 2000d-4 and Title 49,Code of Federal Regulations, 3 Department of Transportation, Subtitle A, Office of the Secretary, Part 21, 4 Nondiscrimination in Federally-assisted programs of the Department of 5 Transportation issued pursuant to such Act, hereby notifies all bidders that it will 6 affirmatively insure that in any contract entered into pursuant to this advertisement, 7 minority business enterprises will be afforded full opportunity to submit bids in 8 response to this invitation and will not be discriminated against on the grounds of 9 race,color, or national origin in consideration of award. 10 11 4.1.5. Study all: (i) reports of explorations and tests of subsurface conditions at or 12 contiguous to the Site and all drawings of physical conditions relating to existing 13 surface or subsurface structures at the Site (except Underground Facilities) that 14 have been identified in the Contract Documents as containing reliable "technical 15 data" and(ii) reports and drawings of Hazardous Environmental Conditions, if any, 16 at the Site that have been identified in the Contract Documents as containing 17 reliable "technical data." 18 19 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 20 the information which the City will furnish. All additional information and data 21 which the City will supply after promulgation of the formal Contract Documents 22 shall be issued in the form of written addenda and shall become part of the Contract 23 Documents just as though such addenda were actually written into the original 24 Contract Documents.No information given by the City other than that contained in 25 the Contract Documents and officially promulgated addenda thereto, shall be 26 binding upon the City. 27 28 4.1.7. Perform independent research, investigations,tests, borings, and such other means 29 as may be necessary to gain a complete knowledge of the conditions which will be 30 encountered during the construction of the project. On request, City may provide 31 each Bidder access to the site to conduct such examinations,investigations, 32 explorations,tests and studies as each Bidder deems necessary for submission of a 33 Bid. Bidder must fill all holes and clean up and restore the site to its former 34 conditions upon completion of such explorations, investigations,tests and studies. 35 36 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 37 cost of doing the Work, time required for its completion, and obtain all information 38 required to make a proposal. Bidders shall rely exclusively and solely upon their 39 own estimates, investigation, research,tests,explorations, and other data which are 40 necessary for full and complete information upon which the proposal is to be based. 41 It is understood that the submission of a proposal is prima-facie evidence that the 42 Bidder has made the investigation,examinations and tests herein required. Claims 43 for additional compensation due to variations between conditions actually 44 encountered in construction and as indicated in the Contract Documents will not be 45 allowed. 46 CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised August 21,20I5 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 10 1 4.1.9. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 2 between the Contract Documents and such other related documents.The Contractor 3 shall not take advantage of any gross error or omission in the Contract Documents, 4 and the City shall be permitted to make such corrections or interpretations as may 5 be deemed necessary for fulfillment of the intent of the Contract Documents. 6 7 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of- 8 9 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 10 the site which have been utilized by City in preparation of the Contract Documents. 11 The logs of Soil Borings,if any, on the plans are for general information only. 12 Neither the City nor the Engineer guarantee that the data shown is representative of 13 conditions which actually exist. 14 15 4.2.2. those drawings of physical conditions in or relating to existing surface and 16 subsurface structures(except Underground Facilities)which are at or contiguous to 17 the site that have been utilized by City in preparation of the Contract Documents. 18 19 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 20 on request. Those reports and drawings may not be part of the Contract 21 Documents,but the "technical data" contained therein upon which Bidder is entitled 22 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 23 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 24 responsible for any interpretation or conclusion drawn from any "technical data" or 25 any other data,interpretations,opinions or information. 26 27 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 28 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 29 exception the Bid is premised upon performing and furnishing the Work required by the 30 Contract Documents and applying the specific means,methods,techniques, sequences or 31 procedures of construction(if any)that may be shown or indicated or expressly required 32 by the Contract Documents,(iii)that Bidder has given City written notice of all 33 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 34 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 35 etc.,have not been resolved through the interpretations by City as described in 36 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 37 and convey understanding of all terms and conditions for performing and furnishing the 38 Work. 39 40 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 41 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 42 Paragraph 4.06.of the General Conditions,unless specifically identified in the Contract 43 Documents. 44 45 5. Availability of Lands for Work,Etc. 46 CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised August 21,2015 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 10 1 5.1.The lands upon which the Work is to be performed, rights-of-way and easements for 2 access thereto and other lands designated for use by Contractor in performing the Work 3 are identified in the Contract Documents. All additional lands and access thereto 4 required for temporary construction facilities,construction equipment or storage of 5 materials and equipment to be incorporated in the Work are to be obtained and paid for 6 by Contractor. Easements for permanent structures or permanent changes in existing 7 facilities are to be obtained and paid for by City unless otherwise provided in the 8 Contract Documents. 9 10 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 1 I in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 12 of-way,easements, and/or permits are not obtained, the City reserves the right to cancel 13 the award of contract at any time before the Bidder begins any construction work on the 14 project. 15 16 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 17 way,easements, and/or permits, and shall submit a schedule to the City of how 18 construction will proceed in the other areas of the project that do not require permits 19 and/or easements. 20 21 6. Interpretations and Addenda 22 23 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 24 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 25 received after this day may not be responded to. Interpretations or clarifications 26 considered necessary by City in response to such questions will be issued by Addenda 27 delivered to all parties recorded by City as having received the Bidding Documents. 28 Only questions answered by formal written Addenda will be binding. Oral and other 29 interpretations or clarifications will be without legal effect. 30 31 Address questions to: 32 33 City of Fort Worth 34 1000 Throckmorton Street 35 Fort Worth,TX 76102 36 Attn: Tariqul Islam,Transportation &Public Works 37 Fax: 817-392-7969 38 Email: tariqul.islam@fortworthtexas.gov Phone: 817-392-2486 39 40 41 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 42 City. 43 44 6.3.Addenda or clarifications may be posted via Buzzsaw at 45 https:llprojectpoint.buzzsax,.conLIclietitlform,orthgovIInf rastriicture%2OProjects/100066 46 %20-%20Micro-Surfacing%202016/Bid%20Doclmtents%20Package 47 CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised August 21,2015 002113-6 INSTRUCTIONS TO BIDDERS Page 6 of 10 1 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 2 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 3 Project. Bidders are encouraged to attend and participate in the conference. City will 4 transmit to all prospective Bidders of record such Addenda as City considers necessary 5 in response to questions arising at the conference. Oral statements may not be relied 6 upon and will not be binding or legally effective. 7 8 7. Bid Security 9 10 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 11 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 12 the requirements of Paragraphs 5.01 of the General Conditions. 13 14 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 15 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 16 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 17 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 18 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 19 other Bidders whom City believes to have a reasonable chance of receiving the award 20 will be retained by City until final contract execution. 21 22 8. Contract Times 23 The number of days within which,or the dates by which,Milestones are to be achieved in 24 accordance with the General Requirements and the Work is to be completed and ready for 25 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 26 attached Bid Form. 27 28 9. Liquidated Damages 29 Provisions for liquidated damages are set forth in the Agreement. 30 31 10. Substitute and "Or-Equal" Items 32 The Contract,if awarded,will be on the basis of materials and equipment described in the 33 Bidding Documents without consideration of possible substitute or"or-equal" items. 34 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 35 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 36 City,application for such acceptance will not be considered by City until after the Effective 37 Date of the Agreement. The procedure for submission of any such application by Contractor 38 and consideration by City is set forth in Paragraphs 6.05A.,6.05B.and 6.05C. of the General 39 Conditions and is supplemented in Section 0125 00 of the General Requirements. 40 41 11. Subcontractors,Suppliers and Others 42 CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised August 21,2015 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 10 1 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 2 12-2011 (as amended),the City has goals for the participation of minority business 3 and/or small business enterprises in City contracts. A copy of the Ordinance can be 4 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 5 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 6 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 7 Venture Form as appropriate. The Forms including documentation must be received 8 by the City no later than 2:00 P.M. CST, on the second business days after the bid 9 opening date. The Bidder shall obtain a receipt from the City as evidence the 10 documentation was received. Failure to comply shall render the bid as non- 11 responsive. 12 13 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 14 or organization against whom Contractor has reasonable objection. 15 16 12. Bid Form 17 18 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 19 obtained from the City. 20 21 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 22 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 23 the Bid Form. A Bid price shall be indicated for each Bid item, alternative,and unit 24 price item listed therein. In the case of optional alternatives, the words "No Bid," 25 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 26 written in ink in both words and numerals, for which the Bidder proposes to do the 27 work contemplated or furnish materials required. All prices shall be written legibly. 28 In case of discrepancy between price in written words and the price in written 29 numerals, the price in written words shall govern. 30 31 12.3. Bids by corporations shall be executed in the corporate name by the president or a 32 vice-president or other corporate officer accompanied by evidence of authority to 33 sign. The corporate seal shall be affixed. The corporate address and state of 34 incorporation shall be shown below the signature. 35 36 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 37 partner, whose title must appear under the signature accompanied by evidence of 38 authority to sign. The official address of the partnership shall be shown below the 39 signature. 40 41 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 42 member and accompanied by evidence of authority to sign. The state of formation of 43 the firm and the official address of the firm shall be shown. 44 45 12.6. Bids by individuals shall show the Bidder's name and official address. 46 47 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 48 indicated on the Bid Form. The official address of the joint venture shall be shown. 49 50 12.8. All names shall be typed or printed in ink below the signature. 51 CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised August 21,2015 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 10 1 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 2 which shall be filled in on the Bid Form. 3 4 12.10. Postal and e-mail addresses and telephone number for communications regarding the 5 Bid shall be shown. 6 7 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 8 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 9 to State Law Non Resident Bidder. 10 11 13. Submission of Bids 12 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 13 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 14 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 15 envelope, marked with the City Project Number,Project title,the name and address of 16 Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent 17 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 18 envelope with the notation "BID ENCLOSED" on the face of it. 19 20 14. Modification and Withdrawal of Bids 21 22 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 23 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 24 must be made in writing by an appropriate document duly executed in the manner 25 that a Bid must be executed and delivered to the place where Bids are to be submitted 26 at any time prior to the opening of Bids. After all Bids not requested for withdrawal 27 are opened and publicly read aloud,the Bids for which a withdrawal request has been 28 properly filed may,at the option of the City,be returned unopened. 29 30 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 31 time set for the closing of Bid receipt. 32 33 15. Opening of Bids 34 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 35 abstract of the amounts of the base Bids and major alternates(if any)will be made available 36 to Bidders after the opening of Bids. 37 38 16. Bids to Remain Subject to Acceptance 39 All Bids will remain subject to acceptance for the time period specified for Notice of Award 40 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 41 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 42 43 17. Evaluation of Bids and Award of Contract 44 CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised August 21,2015 002113-9 INSTRUCTIONS TO BIDDERS Page 9 of 10 1 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 2 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 3 and to reject the Bid of any Bidder if City believes that it would not be in the best 4 interest of the Project to make an award to that Bidder, whether because the Bid is 5 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 6 meet any other pertinent standard or criteria established by City. City also reserves 7 the right to waive informalities not involving price,contract time or changes in the 8 Work with the Successful Bidder. Discrepancies between the multiplication of units 9 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 10 between the indicated sum of any column of figures and the correct sum thereof will 11 be resolved in favor of the correct sum. Discrepancies between words and figures 12 will be resolved in favor of the words. 13 14 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 15 among the Bidders, Bidder is an interested party to any litigation against City, 16 City or Bidder may have a claim against the other or be engaged in litigation, 17 Bidder is in arrears on any existing contract or has defaulted on a previous 18 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 19 Bidder has uncompleted work which in the judgment of the City will prevent or 20 hinder the prompt completion of additional work if awarded. 21 22 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 23 other persons and organizations proposed for those portions of the Work as to which 24 the identity of Subcontractors, Suppliers, and other persons and organizations must 25 be submitted as provided in the Contract Documents or upon the request of the City. 26 City also may consider the operating costs, maintenance requirements,performance 27 data and guarantees of major items of materials and equipment proposed for 28 incorporation in the Work when such data is required to be submitted prior to the 29 Notice of Award. 30 31 17.3. City may conduct such investigations as City deems necessary to assist in the 32 evaluation of any Bid and to establish the responsibility, qualifications,and financial 33 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 34 organizations to perform and furnish the Work in accordance with the Contract 35 Documents to City's satisfaction within the prescribed time. 36 37 17.4. Contractor shall perform with his own organization, work of a value not less than 38 35% of the value embraced on the Contract, unless otherwise approved by the City. 39 40 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 41 responsive Bidder whose evaluation by City indicates that the award will be in the 42 best interests of the City. 43 44 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 45 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 46 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 47 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 48 comparable contract in the state in which the nonresident's principal place of 49 business is located. 50 CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised August 21,2015 0021 13-10 INSTRUCTIONS TO BIDDERS Page 10 of 10 1 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 2 to be awarded,City will award the Contract within 90 days after the day of the Bid 3 opening unless extended in writing. No other act of City or others will constitute 4 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 5 the City. 6 7 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 8 9 18. Signing of Agreement 10 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 11 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 12 Contractor shall sign and deliver the required number of counterparts of the Agreement to 13 City with the required Bonds,Certificates of Insurance, and all other required documentation. 14 City shall thereafter deliver one fully signed counterpart to Contractor. 15 16 17 18 END OF SECTION CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised August 21,2015 0035 13- l CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror, or respondent(hereinafter also referred to as "you") to a City of Fort Worth 5 (also referred to as "City") procurement are required to complete Conflict of Interest 6 Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form) below pursuant to state law. This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIO.pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 0 CIQ Form is on file with City Secretary 16 17 XD CIQ Form is being provided to the City Secretary 18 19 0 CIS Form is on File with City Secretary 20 21 XD CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 Intermountain Slurry Seal, Inc. By: Jasor, Klaurnann 28 Company (Please Prin 29 30 520 North 400 West Signature:_ 31 Address 32 33 North Salt Lake, UT 84054 Title: President 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH ANDARD CONSTRUCTION SPECIFICATION DOCUMENTS MICRO SURFACING 2016 F Revised March 27,2012 100066 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: MICRO SURFACING 2016 AT VARIOUS LOCATIONS City Projecf No.: 100066 Units/Sections: PAVEMENT PRESERVATION 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 any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-competitive levels. 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 Forth Revised 20120327 3.17.16 Bid Proposal Workbook Revised fillable forth 00 41 00 BID FORM Page 2 of 3 3. PrequaliftatiGn The BbddeF aGkAewledges that the fGIIGWqR@ W9Fk types must be peFfeFFRed only by pFequalified GentraGtGm and subGentFaGleics� a. b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 90 calendar days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work (and/or achievement of Milestones)within the times specified in the Agreement. 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. PitequalifiGatien Statement,SeStien 00 45 12 g. Conflict of Interest Affidavit,Section 00 35 13 'If necessary,CIQ or CIS forms are to be provided directly to City Secretary h. 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. Total Bid $764,181.47 Seven Hundred Sixty Four Thousand One Hundred and Eight One Dollars and Forty Seven Cents CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 3.17.16 Bid Proposal Workbook Revised fillable form 00 41 00 BID FORM Page 3 of 3 7. Bid Submittal This Bid is submitted on March 17,2016 by the entity named below. Respectfully bmitted, Receipt is acknowledged of the followingAddenda: Initial BY: Addendum No. 1: 1c (Signature) Addendum No.2: Addendum No.3: Jason Klaumann Addendum No.4: (Printed Name) Title: President Company: Intermountain Slurry Seal,Inc. Corporate Seal; Address: 520 North 400 West North Salt Lake,LIT 84053 State of Incorporation: Wyoming Email: nathan.niemann(ftcinc.com Phone: (801)532-8200 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 3.17.16 Bid Proposal Workbook Revised fillable forth 00 42 43 BID PROPOSAL SECTION 00 42 43 Paso I of I PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Specification Unit of Bid Item Description Unit Price Bid Value No. Section No. Measure Quantity 3305.0108 Miscellaneous Adjustments(Utilities) 1 00 05 08 LS 1 $3,000.00 $3,000.00 2 9999.0000 Polymer Modified Micro Surfacing TxDOT 350 SY 229,030 $2.55 $584,026.50 (Application Rate:26.0 LB/SY- 28.0 LB/SY) 9999.0000 Asphalt Pavement Base Repair 3 3201 17 CY 127 $500.00 $63,500.00 3212.0600 HMAC Pavement Level Up 4 321216 TN 30 $650.00 $19,500.00 3217.0001 4"Solid White Thermoplastic(HAS) 5 Lane Lines 32 17 23 LF 18,411 $0.62 $11,414.82 3217.0002 4"Solid yellow Thermoplastic(HAS) 6 lane Lines 32 17 23 LF 38,545 $0.56 $21,585.20 3217.0201 8"SLolid WhiteThermoplastic(HAS) 7 Lane Lines 32 17 23 LF 4,905 $1.05 $5,150.25 3217.0301 12"Solid Pavement Markings(HAS) 8 (Cross-walk,White) 32 17 23 LF 2,070 $2.80 $5,796.00 3217.0501 24"Solid White Pavement Marking 9 (HAE)(Stop Bar) 32 17 23 LF 1,426 $7.45 $10,623.70 3217.2102 REFL Raised Marker TY I-C 10 32 17 23 EA 1,126 $5.00 $5,630.00 3217.2103 REFL Raised Marker TY II-A-A $5.00 11 32 17 23 EA 720 $3,600.00 3217.2104 REFL Raised Marker TY II-C-R $5.00 12 32 17 23 EA 650 $3,250.00 3217.1002 Lane Legend Arrow $170.00 13 32 17 23 EA 7 $1.,190.00 3217.1004 Lane Legend Only $175.00 14 32 17 23 EA 7 $1,225.00 3217.1001 Lane Legend RR $750.00 15 32 17 23 EA 4 $3,000.00 3217.1003 Lane Legend DBL Arrow $345.00 16 32 17 23 EA 2 $690.00 0135.0201 Remobilization(miscellaneous only) $1,000.00 17 01 7000 EA 1 $1,000.00 9999.0096 Paving Construction Allowance $20,000.00 18 EA 1 $20,000.00 Total Bid $764,181.47 i I CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS t Form Revised 20120120 3.17.16 Bid Proposal WorWook Revised fillable fo m 004313 BID BOND Pape 1 of 1 SECTION 00 4313 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) Intermountain Slurry Seal,Inc. hereinafter called the Principal,and(Surety Name) Federal Insurance 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(5%)of Bid Amount (V 5%of Bid Amount AW), 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 MICRO SURFACING 2016 AT VARIOUS LOCATIONS 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 aJq requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy 0 regeirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the,prepe-1y of the Obligee,without recourse of the Principal and/or Surety,not to exceed the penalty hereof,and shall be used tc compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's pta�i` Bid AmouAt. SIGNED this 3rd day of March ,2016. By: Intermountain Slurry Seal, Inc. I Jason Klaumann President (Signature and Title of Principal) ,gy. Federal Insurance Company • /Ashley Stinson.Attomev-in-Fact (Signature of Attorney-of-Fact) 'Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook Revised.)ds A notary public or other officer completing this certificate verifies only the identity of the individual ACKNOWLEDGMENT who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document State of California County of Santa Cruz On March 3, 2016 before me, Sumi Sohn-Rigler, Notary Public (insert name and title of the officer) personally appeared Ashley Stinson , who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. R SUMI SOHN-RIGLER WITNESS my hand and official seal. Commission#2083167 a -m Notary Public-California z Z ' Santa Cruz County D i My Comm.Expires Oct 19,2018 Signature (Seal) S mi Sohn-1 gler, Notary Public Chubb POWER Federal Insura"A Company Attn: Surety Department Surety OF Vigilant Insurance Company 16 Mountain View Road ATTORNEY Pack Indemnity Company Warren,NJ 07059 Know All by These Presents, That FEDERAL INSURANCE COMPANY an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, and PACIFIC INDEMNITY COMOANY, a Wisconsin Corporation, do each hereby constitute and appoint JJsishs Desai,John D.Gilliland,Catherine Gustayson,Kathleen SchreckertSost,Ashley Stinson and Lillian Tse of Watsonville,Cant— do each as their he and lawful Attorney-in-Fact to execute under such designalim in their names and to affix their corporate seals to and deliver for and on their behat as surety thereon or otherAise.bonds and undertakings and other writings obligatory in the nature thereof(afar than bail bonds)yhron or executed in the course of business on boW GRANITE CONSTRUCTION INCORPORATED and all Subsidiaries alone or in Joint venture as principal.In connection with bids,proposals or contracts to or with the United States of Mrerica,any State or political subdivision thereof at any person,form or corporation. And the execution of such bond or obligation by such Attorney-Io-Feet in the Compows name and on its helwp as surety thereon or otlurwise,under Its corporate seal in pursuance of the author*hereby conlarred shall,upon delivery thereof,be vald and binding upon the Company. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VIQLANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each executed a qW"d these presents and affixed their corporate seals on this 18 day of July,2014. Dawn M.CAioros,Assistant Secretary Norris,Jr.,Vice P STATE OF NEW JERSEY ss. County at Somerset on this Ile day or July, 2014 before me,a Notary Pubic of New Jersey,personally came Down M.Chloral.to me known to be Assistant Secretary d FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the caaponies which executed Ire foregoing Power of Attorney, and the avid Dawn M.Ch)oms,beteg by me dully swan,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate sells thereof,that the seals affixed a the foregoing Power of Attorney are such corpdraN seats and were therelo aIN-- by cull,"of the By.Laws of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by We authority;and that she is soquainted with David 8.Nor, ,Jr.,and tehows him to be Vim Presldent of said Companies;and that the dgnaturs of David S.No, Jr..subscribed to said Power of Attorney is In the penins hPaVating of David B.Norris.Jr.,and was thereto subscribed by autronly of said Ely-Laws and In nenrs presence. KATHERINE J.ADEIAAR Noterw Seat N q NOTARY PUBLIC OF NEW JERSEY �fly ComitF�pIlift J y 1 ,z19Na Z T r air•s �o AU B i.l� Notary Public CERTIFICATION dE�s Extract from the By- EDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'All powers of attorney for and on behhelf of the Company may and shall be executed In the name and on behat of the Company. eitw by the Chairman or the Presment or a Vice President or an Assalerd Vice President,Jointly with the Secretary a an Assistant Secretary, under their respective deslgnatoas.The signature of such osloers may be engraved,pointed or lithographed.The signature d each of the fallowing o1111ce s:Chakman.Prset deni,any Via President.any Aveldant Vice Proside it,any Seaatery.any Assistant Secretary and the seal of the company may be affixed by facsimile to any power of attorney or to any otnt a is relating thereto appointing Assistant Secretaries or Aftomsys-ie-Fad for purposes only of axectiv%and~no bonds and undertakings and other wrtongs obligatory in the nature thereof,and any such power of sow"or eertlicate baring such%co mile sgnsb+e or facalmde goal shall be varld and binding upon Ila Company and any such power so executed and oertMbd by such facsimile signature and tecalmile seal shell be valid and binding upon the Company with respect to any bard or undertaking to which 4 Is sochW.- 1.Dawn it ChWN,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY pus 'CompeNes7 do hereby certify that W the foregoing exbad of the By-Laws of the Compania is true and aonect, the Companies ani duty licensed and authorized to transact&unity business in sN 50 of the United States of America and the Olatrid of Columbia and are authorized by the U.S. Treasury Department further, Federal and Vigilant are licensed In the U.S.Virgin IsWds,and Federal Is licensed In Amerken Samoa,Guam.Puerto Rico.and each of the Provbwxs of Canada ahaapt Prince Edward Island;and (NO tiro lorogoing Power of Attorney is true,coned and in lull lane and elect Given under my hand and seals of said ConV"ft at Warren,NJ this March 3, 2016 Dawn M.Chloral,Assistant Secretary THE E"sT YOU WISH TO NOTIFY US OF A CLAIM,V19tlFY THE AUTMEiMC TY OF THIS KIND OR NOTIFY US OF ANY OTHER MATTER,PLEASE CONTAC r US AT ADDRESS STED ABOVE OR BY Teleehone(908)903a 3493 Fax t9081 903-3656 a-mail:3urdyD chubb.eom form lS-10-131548-U (Rev.0$-13)CORP NON-CONSENT 00 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 nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications.The failure of nonresident bidders to do so will automatically disqualify that bidder.Resident bidders must check the box in Section B. A. Nonresident bidders in the State of ,our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of Utah 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: Intermountain Slurry Seal,Inc. y: Jason Klaumann 520 North 400 West _ j North Salt Lake,UT 84053 (Signature) 0 Title: President Date: 3 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 3.17.16 Bid Proposal Workbook Revised fillable forth 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No.GGO1-539590-0202003 Contractor further certifies that,pursuant to Texas Labor 6 Code, Section 406.096(b),as amended,it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 9 CONTRACTOR: 10 11 Intermountain Slurry Seal, Inc. By: Jas n Klaumann 12 Company (Please t) 13 14 520 North 400 West Signature: 15 Address 16 17 North Salt Lake, UT 84054 Title: President 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF 3mAz UTAH § 22 23 COUNTY OF TAmxwDAV I S § 24 25 BEFORE ME,the undersigned authority, on this day personally appeared 26 Jason Klaumann ,known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of President for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 14th day of 32 March ,2016. 33 34 35 36 f;"" •�. JANE NIELSON No Public in and for the State of 1%k%Utah *. Notary Public y 37 Vit. . State of Utah Comm. No.682565 38 =' My Comm.Expires Apr 28.2019 ND OF SECTI 39 t • CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMEIN I'S 100066 Revised July 1,2011 00 45 40-1 Minority Business Enterprise Specifications Page 1 of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 5 applicable. 6 7 POLICY STATEMENT 8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 9 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 10 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 11 12 MBE PROJECT GOALS 13 The City's MBE goal on this project is 14% of the total bid value of the contract (Base bid applies to 14 Parks and Community Services). 15 16 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 17 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 21 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 22 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 23 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 24 3. Good Faith Effort documentation,or; 25 4. Prime Waiver documentation. 26 27 SUBMITTAL OF REQUIRED DOCUMENTATION 28 The applicable documents must be received by the Purchasing Division, within the following times 29 allocated In order for the entire bid to be considered responsive to the specifications. 11*10, ff�ror,, wl d vil , 30 deliverc#ocw>~aent�fln in person to,the appropriateemployek,""�` thel?�. 31 obtain a date/time receipt Bch receipt shall be evidence that the City received the dt cu*n attt ,tY thq 32 fiM allocated. A faxed mWor emailed copy will not be accepted. 33 1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if day after the bid opening date, exclusive of the bid opening participation is less than statedgoal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if no day after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. 34 CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised June 9,2015 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form,if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. F 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR.THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 6 7 Any Questions,Please Contact The M/WBE Office at(817)212-2674. 8 END OF SECTION 9 10 11 F CITY OF FORT WORTH MICRO SURFACING 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100066 Revised June 9,2015 00 52 43-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on June 7, 2016 is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and INTERMOUNTAIN SLURRY SEAL, INC., authorized to do business in Texas, 6 acting by and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Micro Surfacing 2016 at Various Locations 16 City Proiect Number 100066 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 90 days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding, the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City Six Hundred Fifty Dollars ($650.00) for each day that expires after the time 33 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 34 Acceptance. CITY OF FORT WORTH Aficro Swfacing2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Cite Project Number 100066 Revised August 17,2012 005243-2 Agreement Page 2 of 4 35 Article 4. CONTRACT PRICE 36 City agrees to pay Contractor for performance of the Work in accordance with the Contract 37 Documents an amount in current funds of Seven Hundred Sixty-Four Thousand, One Hundred 38 Eirhty-One and 471100 Dollars($764,181.47). 39 Article 5. CONTRACT DOCUMENTS 40 5.1 CONTENTS: 41 A. The Contract Documents which comprise the entire agreement between City and 42 Contractor concerning the Work consist of the following: 43 1. This Agreement. 44 2. Attachments to this Agreement: 45 a. Bid Form 46 1) Proposal Form 47 2) Vendor Compliance to State Law Non-Resident Bidder 48 3) Prequalification Statement 49 4) State and Federal documents(project specific) 50 b. Current Prevailing Wage Rate Table 51 c. Insurance ACORD Form(s) 52 d. Payment Bond 53 e. Performance Bond 54 f. Maintenance Bond 55 g. Power of Attorney for the Bonds 56 h. Worker's Compensation Affidavit 57 i. MBE and/or SBE Commitment Form 58 3. General Conditions. 59 4. Supplementary Conditions. 60 5. Specifications specifically made a part of the Contract Documents by attachment 61 or, if not attached, as incorporated by reference and described in the Table of 62 Contents of the Project's Contract Documents. 63 6. Drawings. 64 7. Addenda. 65 8. Documentation submitted by Contractor prior to Notice of Award. 66 9. The following which may be delivered or issued after the Effective Date of the 67 Agreement and, if issued,become an incorporated part of the Contract Documents: 68 a. Notice to Proceed. 69 b. Field Orders. 70 c. Change Orders. 71 d. Letter of Final Acceptance. 72 73 CITY OF FORT WOR]I I Micro Surfacing 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100066 Revised August 17,2012 005243-3 Agreement Page 3 of 4 74 Article 6. INDEMNIFICATION 75 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 76 expense, the city, its officers, servants and employees, from and against any and all 77 claims arising out of, or alleged to arise out of, the work and services to be performed 78 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 79 under this contract. This indemnification provision is specifically intended to operate 80 and be effective even if it is alleged or proven that all or some of the damages being 81 sought were caused, in whole or in part, by any act, omission or negligence of the city, 82 This indemnity provision is intended to include, without limitation, indemnity for 83 costs,expenses and legal fees incurred by the city in defending against such claims and 84 causes of actions. 85 86 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 87 the city,its officers,servants and employees,from and against any and all loss,damage 88 or destruction of property of the city,arising out of,or alleged to arise out of,the work 89 and services to be performed by the contractor, its officers, agents, employees, 90 subcontractors, licensees or invitees under this contract. This indemnification 91 provision is specifically intended to operate and be effective even if it is alleged or 92 proven that all or some of the damages being sought were caused, in whole or in part, 93 by any act,omission or negligence of the city. 94 95 Article 7.MISCELLANEOUS 96 7.1 Terms. 97 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 98 have the meanings indicated in the General Conditions. 99 7.2 Assignment of Contract. 100 This Agreement, including all of the Contract Documents may not be assigned by the y 101 Contractor without the advanced express written consent of the City. 102 7.3 Successors and Assigns. 103 City and Contractor each binds itself, its partners, successors, assigns and legal 104 representatives to the other party hereto, in respect to all covenants, agreements and 105 obligations contained in the Contract Documents. 106 7.4 Severability. 107 Any provision or part of the Contract Documents held to be unconstitutional, void or 108 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 109 remaining provisions shall continue to be valid and binding upon CITY and 110 CONTRACTOR. 111 7.5 Governing Law and Venue. 112 This Agreement, including all of the Contract Documents is performable in the State of 113 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 114 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Micro Surfacing 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100066 Revised August 17,2012 005243-4 Agmement Page 4 of 4 115 7.6 Other Provisions. 116 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 117 classified, promulgated and set out by the City, a copy of which is attached hereto and 118 made a part hereof the same as if it were copied verbatim herein. 119 7.7 Authority to Sign. 120 Contractor shall attach evidence of authority to sign Agreement, if other than duly 121 authorized signatory of the Contractor. 122 123 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 124 counterparts. 125 126 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 127 Contractor: City of Fort Worth Intermountain Slurry Seal, Inc. By: _ Jay Chapa B _ Assistant City Manager Signature) � Date Kathleen Schreckengost Attest: FO (Printed Name) City S retary (Seal) Title: Vice President Address: * .Zy 701 E. Main Street M&C_G — 2-�,;y �► Q,, o ' Lewisville,TX 75057 Date: City/State/Zip: 01) g�las ove to ori and Legality: June 13,2016 Date W.Black Assistant City Attorney 128 129 ``�a o(y ' 130 ����� ..M ,�{I)'i� ROVALRECOMMENDED: 131 ��•' G'' / I 132 gyp••Z W , 133 *sem 0'0= ) 135 '•Z �•C Do as rsig, P.E. '�►1'• DIRECT 36 Transportation &Public Works Department 137 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Micro Surfacing 2016 STANDARD CONSTRUCTION SPECIFICATioN Docu& - City Project Nm fiber 100066 Revised August 17,2012 Bond No.: 82396759 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,Intermountain Slurry Seal, Inc., known as"Principal"herein and 8 Federal Insurance Company _ , a corporate surety(sureties, if more than 9 one)duly authorized to do business in the State of Texas,known as"Surety"herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created I 1 pursuant to the laws of Texas, known as "City"herein,in the penal sum of,SEVEN HUNDRED 12 SIXTY-FOUR THOUSAND, ONE HUNDRED EIGHTY-ONE AND 47/100 DOLLARS 13 (764,181.47), lawful money of the United States, to be paid in Fort Worth, Tarrant County,Texas 14 for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, 15 administrators, successors and assigns,jointly and severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City 17 awarded the 7th day of June,2016, which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 19 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 20 provided for in said Contract designated as Micro Surfacing 2016 at Various Locations City 21 Project No. 100066 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications,and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division. 31 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 32 Texas Government Code, as amcnded, and all liabilities on chis bond shall be determined in 33 accordance with the provisions of said statue. 34 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 35 this instrument by duly authorized agents and officers on this 131h day of June,2016. 36 PRINCIPAL: CITY OF FORT WORTH Micro Surfacing 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100066 Reviscd July 1,2011 Executed in 4 Counterparts pUN7, �// 006113-2 . • �� /� PERFORMANCE BOND Co�' �` Page 2 of - 2=.g _9 �.G y; _ Intermountain Slung Seal, Inc. 2 :o �n• 4 . 5 ,,,,ONI.1`� ,,,, BY. Signatu e -- 6 ATTEST: 111 7 8 SEE ATTACHED CERTIFICATE OF SECRETARY Kathleen Schreckengost,Vice President 9 (Principal)Secretary Name and Title 10 11 Address:Intermountain Slurry Seal, Inc. 12 701 E. Main Street 13 Lewisville,TX 75057 1 15 Witness as to Principal 16 SURETY: Federal Insurance Company 17 15 Mountain View Road 18 Warren, 07059 19 - -- 20 BY: 21 i Signature 22 23 Ashley Stinson,Attomey-in-Fact 24 Name and Title 25 2E Address: Federal Insurance C6mpany 27' 15 Mountain ViewROad 28, Warren, NJ 070.5.9 29 30 Witness as to Surety Telephone Number: 9 B_J0ZnM51, 31 32 33 34 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 35 from the by-laws showing that this person has authority to sign such obligation. I 36 Surety's physical address is different from its mailing address, both must be provided. 37 The date of the bond shall not be prior to the date the Contract is awarded. 38 CITY OF FORT WORTH Micro Surfacing 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100066 Revised July 1,2011 INTERMOUNTAIN SLURRY SEAL, INC. CERTIFICATE OF SECRETARY I, Kathleen Schreckengost, Assistant Secretary of INTERMOUNTAIN SLURRY SEAL, INC., a Wyoming corporation (the "Company"), do hereby certify that the following is a true and correct copy of resolutions duly adopted effective December 18, 2014 by unanimous written consent and without a meeting as authorized by 17-16-821 of the Wyoming Business Corporation act and the Bylaws of the Company: AUTHORIZATION OF APPROVED CONTRACT SIGNERS RESOLVED, that the below listed officers are authorized to execute and deliver on behalf of the Company all documents, agreements and undertakings required in connection with construction contract formation and operations of the Company: Jason T. Klaumann President Kathleen Schreckengost Vice President, Treasurer& Assistant Secretary Darren S. Beevor Vice President, Controller& Secretary Gary R. Price Vice President& Assistant Secretary Ryan W. Brady Assistant Secretary RESOLVED FURTHER, that the below listed individuals of Granite Construction Incorporated, parent of the Company, are authorized to execute and deliver on behalf of the Company all documents, agreements and undertakings required in connection with construction contract formation and operations of the Company: James H. Roberts President & Chief Executive Officer Christopher S. Miller Executive Vice President, Chief Operating Officer& Assistant Secretary Laurel J. Krzeminski Senior Vice President, Chief Financial Officer& Assistant Secretary Philip M. DeCocco Senior Vice President of Human Resources& Assistant Secretary Michael F. Donnino Senior Vice President, Group Manager& Assistant Secretary Patrick B. Kenny Senior Vice President, Group Manager& Assistant Secretary Martin P. Matheson Senior Vice President, Group Manager& Assistant Secretary James D. Richards Senior Vice President, Group Manager& Assistant Secretary Richard A. Watts Senior Vice President, General Counsel, Corporate Compliance Officer& Secretary Jigisha Desai Vice President of Corporate Finance, Treasurer, Assistant Financial Officer& Assistant Secretary Bradley G. Graham Vice President, Controller, Assistant Financial Officer& Assistant Secretary Nicholas B. Blackburn Director of Corporate Taxation & Assistant Secretary RESOLVED FURTHER, that the authority provided for herein shall be in accordance with applicable policies, procedures and limits of authority previously approved and the Granite Construction Incorporated Delegation of Authority and Policy then in effect. Page 1 42 L.SHARED COIALL.CORP 0 Srtrivm l%k C.C-,be IS'1'14 hmaA,kk AUTHORIZATION OF APPROVED ATTESTORS RESOLVED, that the below listed officers are authorized to attest documents, agreements and undertakings required in connection with construction contract forination and operations of the Company: Jason T. Klawnann President Kathleen Schreckengost Vice President, Treasurer& Assistant Secretary Darren S. Beevor Vice President, Controller& Secretary Gary R. Price Vice President& Assistant Secretary Ryan W. Brady Assistant Secretary RESOLVED FURTHER, that the below listed individuals of Granite Construction Incorporated, parent of the Company, are authorized to attest documents, agreements and undertakings required in connection with construction contract formation and operations of the Company: James H. Roberts President & Chief Executive Officer Christopher S. Miller Executive Vice President, Chief Operating Officer& Assistant Secretary Laurel J. Krzeminski Senior Vice President, Chief Financial Officer& Assistant Secretary Philip M. DeCocco Senior Vice President of Human Resources& Assistant Secretary Michael F. Donnino Senior Vice President, Group Manager& Assistant Secretary Patrick B. Kenny Senior Vice President, Group Manager& Assistant Secretary Martin P. Matheson Senior Vice President, Group Manager& Assistant Secretary James D. Richards Senior Vice President, Group Manager& Assistant Secretary Richard A. Watts Senior Vice President, General Counsel, Corporate Compliance Officer& Secretary Jigisha Desai Vice President of Corporate Finance, Treasurer, Assistant Financial Officer& Assistant Secretary Bradley G. Graham Vice President, Controller, Assistant Financial Officer& Assistant Secretary Nicholas B. Blackburn Director of Corporate Taxation & Assistant Secretary Kenneth M. Smith Group Counsel & Assistant Secretary Jason M. Jasper Group Counsel & Assistant Secretary Heather J. Lenhardt Group Counsel& Assistant Secretary Dated: April 29, 2016 Kathleen Schreckengost ` wNTa��,�z'' O,. • . S ' .� •.,NG ... �. Page 2 of 2 L SHARED COL ALL CORP 0,9,ra,,119-111121 C—fit n1-1 S—vanM Cert,1,ISS l'_14.h1n:1kk, notary public or other officer completing this c ACKNOWLEDGMENT certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa Cruz ) On June 13, 2016 before me, V.J. Fox, Notary Public (insert name and title of the officer) personally appeared Ashley Stinson who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. V.J. FOX Commission # 2124012 WITNESS my hand and official seal. Notary Public - California D Z ' Santa Cruz County My Comm. Expires Sep 15,2019 Signa ure I) V.J. Fox, Notary Public 0061 14-1 Bond No.: 82396759 PAYMENT BOND Page 1 of 2 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNONV ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Intermountain Slurry Seal, Inc., known as "Principal" herein, and 8 Federal Insurance Company— _ a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of SEVEN HUNDRED SIXTY-FOUR THOUSAND, ONE HUNDRED EIGHTY- 13 ONE AND 47/100 DOLLARS(764,181.47),lawful money of the United States, to be paid in Fort 14 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 7th day of June,2016, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein,to furnish all materials,equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as Micro Surfacing 2016 at Various Locations City Project No. 100066 22 23 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any(and all)payment bond beneficiary(as defined in 25 Chapter 2253 of the Texas Government Code,as amended)in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH Micro Surf cing.2016 STANDARD CONSTRUC I'ION SPECIFICATION DOCUMEN"rS City Project Number 100066 Revised July 1,2011 Executed in 4 Counterparts 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 13th day of June,2016. 3 OU PRINCIPAL: .- O �I f m� Z Intermountain Cluny Gaal Inc i '•.•jam ATTEST: �:* �..? •���`` B)': Signature SEE ATTACHED CERTIFICATE OF SECRETARY Kathleen Schreckengost,Vice President (Principal)Secretary Name and Title Address: Intermountain Slurry Seal, Inc. 701 E. Main Street Lewisville,TX 75057 Witness as to Principal SURETY: Federal Insurance Company 15 Mountain View Road Warren, N 1 059 ATTEST: BY: Signature SEE ATTACHED POWER OF ATTORNEY Ashley Stinson,Attorney-in-Fact (Surety)Secretary Name and Title Address: Federal Insurance Company_ 15 Mountain View Raid _ Warren, NJ 07059 Itness as to Surety Telephone Number: 908-903-3451 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address,both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 CITY OF FORT WORTH Micro Surfacing 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100066 Revised July 1,2011 A notary public or other officer completing this certificate verifies only the identity ofthe individual ACKNOWLEDGMENT who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa Cruz ) On June 13,2016 before me, V.J. Fox, Notary Public (insert name and title of the officer) personally appeared Ashley Stinson who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. �-� V. J. FOX ` WITNESS my hand and official seal Commission#2124012 ;_ z a„ -'" Notary Public-California D O Santa Cruz County My Comm.Expires Sep 15,2019 Signator al) V.J. Fox, Notary Public 006119-1 MAINTENANCE BOND Bond NO.: 82396759 Page 1 of 3 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALI, BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Intermountain Slurry Seal,Inc., known as"Principal"herein and 9 Federal Insurance Company . a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas, known as"Surety"herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as"City''herein, in the sum of SEVEN 13 HUNDRED SIXTY-FOUR THOUSAND, ONE HUNDRED EIGHTY-ONE AND 47/100 14 DOLLARS (764,181.47), lawful money of the United States,to be paid in Fort Worth, Tarrant 15 County, Texas, for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves, our heirs, executors,administrators, successors and assigns,jointly 17 and severally, firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 20 7th day of June,2016, which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 24 designated as Micro Surfacing 2016 at Various Locations City Proieet No. 100066; and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTbI Micro Surfacing 2016 STANDARD CONSTRUCTION SPECU ICATION DOCUMENTS City Project Number 100066 Revised July 1,2011 Executed in 4 Counterparts 006119-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FOIZT WORTH Micro Surfacing 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100066 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 13th day of June,2016. 3 ,``��tttllttti�i 4 ��� �'(P;l N S�G% PRINCIPAL: 7 t S�i Intermountain SlurrySAI, I . �Lcn 8 Y • '"�?3, 'gym BY: 882 9 ,_s-, Signator 10 ATTEST: �i� '•Qfwlt4G •�� �: 12 SEE ATTACHED CERTIFINiEfOR 6EAETARY Kathleen Schreckengost,Vice President 13 (Principal)Secretary Name and Title 14 15 Addless:Intermountain Slurry Seal, Inc. 16101 tz. Main 5treet Lewisville,TX 75057 19 Witness as to Principal 20 SURETY: Federal Insurance Company 21 15 Mountain View Road 22 Warren, Ni 070059 23 24 BY:_ CA 25 ature 26 27 Ashley Stinson,Attomey-in-Fact 28 ATTEST: Name and Title 29 30 SEE ATTACHED VWVVER OF ATTORNEY AddreJederal Insurance Company 31 (Sur r 15 Mountain iew ad 32 arren, 33 34 Witness as to Surety Telephone Number: 908 -3451 35 36 *Note: If signed by an officer of the Surety Company,there must be on file a Cedified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 (1) CITY OF FORT WORTH Micro Surfacing 2016 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 100066 Revised July 1,2011 A notary public or other officer completing this certificate verifies only the identity ofthe individual ACKNOWLEDGMENT who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa Cruz ) On June 13, 2016 before me, V.J. Fox, Notary Public (insert name and title of the officer) personally appeared Ashley Stinson who proved to me on the basis of satisfactory evidence to be the person(s)whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s)acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. V.J. FOX `.. Commission# 2124012 WITNESS my hand and official seal. Notary Public-California z -z :F® Santa Cruz County pll Comm.Expires Se 15.20 Signature (Seal) V.J. Fox, Notary Public Chubb POWER Federal Insurance Company Attn: Surety Department Ic Surety OF Vigilant Insurance Company 15 Mountain View Road ATTORNEY Pacific Indemnity Company Warrent,NJ 07069 Know An by These Presents,That FEDERAL INSURANCE COMPANY,an Indiana corporation,VIGILANT INSURANCE COMPANY, a New York corporation,and PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, do each hereby constitute and appoint Jigisha Desai, John D. Gilliland, Kathleen Schreckengost,Ashley Stinson and LIHTan Tse of Watsonville,California— each as their We and lawful Attorney-in-Fact to execute under such designation in their names and to affix their corporate seals to and deliver for and on their behalf as surety Vrereon or otherwise,bonds and undertakings and other writings obligatory in the nature thereof(oMer than ball bands)given or executed in the course of business on behalf GRANITE CONSTRUCTION INCORPORATED and all Subsidiaries alone or in Joint venture as principal,In connection with bids,proposals or Contracts to or with the United States of America,any State or political subdivision thereof or any parson,firm or corporatist And the execution of such bond or obligation by such Attorney-in-Fact in the Companys name and on Its behalf as surety thereon or otherwise,under its corporate seal,in pursuance of the authority hereby conferred shall,upon delivery thereof,be valid and binding upon the Company. In Witness Whereof,said FEDERAL INSURANCE COMPANY,VI%LANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY have each execuled and attested these presents and affixed their corporate seals on this 19 day of April,2016. ""f)ektCA.)�9' Dawn M.Chbroe,Assistant Secretary avid B.Naris,Jr..VkpePfg6ftnt 0 (0 Ago 0,N), STATE OF NEW JERSEY ss. County of Somerset On this 191° day of April, 2016 before me,a Notary Public of New Jersey,personally came Dawn M.Chloros,to me known to be Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY,the companies which executed the farcgoing Power of Attorney,and the said Dave M.Chloros,being by me duly sworn,did depose and say that she is Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY and knows the corporate seals thereof,that the seals affixed to the foregoing Power of Attorney are such corporate seats and were thereto affixed by authority of the By-Laws of said Companies;and that she signed said Power of Attorney as Assistant Secretary of said Companies by like authortttr,and that she is acquainted with David B.Norris,Jr.,and knows him to be Vice President of said Companies;and that the signature of David B.Norris,Jr.,subscribed to said Power of Attomey is in the genuine handwriting of David B.Norris,Jr.,and was therelo subscribed by authority of said By-Laws and In deponent's presence. Notarial Seal KATHERINE J.ADELMR pOTAR� NOTARY PUBLIC of NEIW JERSEY 0-e+ No.23188 Commissbn F,� July July 16,2019 PUBLIC Notary Public JERS CERTIFICATION Extract from the By-Lewy of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY: 'Except as otherwise provided in these Bylaws or by law or as otherwise directed by the Board of Directors,the President or any We President shall be authorized 10 execute and deliver,In the name and on behalf of the Corporation,all agreements,bonds,oomracts,deeds,mortgages,end often instruments,ether for the Corponiton's own account or in a fiduciary or other capacity,and the seal of the Corporation,if appropriate,shalt be affixed thereto by any of such officers or the Secretary or an Assistant Secretary. The Board of Directors,the President or any Vice Preskfent designated by the Board of Directors may authorize any other of5m employee or agent to execute and deliver, in the name and on behalf of the Corporellon, agreements,bonds,contracts,deeds, mortgages,and other instruments,either for the Corporatlon's own scoan7t or in a fiduciary or other capacity,and,lf appropriate,to affix the seal of the Corporation thereto. The grant of such authority by the Board or any such officer may be general or oonfiried to specific Instances' I,Dawn M.Chloros,Assistant Secretary of FEDERAL INSURANCE COMPANY,VIGILANT INSURANCE COMPANY,and PACIFIC INDEMNITY COMPANY(the'Companiesl do hereby certify that n the foregoing extract of the By-Laws of the Companies is true and coned, (fl) the Companies are duty licensed and authorized to transact surety business in all W of the United Stades of America and the District of Columba we a ire authorized by the U.S.Treasury Departmanl;further,Federal and Vigilant are licensed in the U.S.Virgin Islands,and Federal is licensed in Guam.Pix is Rico,and each of the Provinces of Canada except Prince Edward Island;and (11) the foregoing Power of Attorney is true,correct and in full force and effect Given under my hand and seals of said Companies at Warren,NJ this J Line 13, 2016 * 00 Lw&�O_KWAX� Dawn M.Chloros Assf6taM Secretary LN THE EVENT YOU WISH TO NOTIFY US OF A CLAIM,VERIFY THE AUTHENTICITY OF THIS BOND OR NOTIFY US OF ANY OTHER MATTER,PLEASE NTACT US AT ADDRESS LISTED ABOVE OR BY Telephone 908 903-3493 Fax 908 903-3656 e-mail:surety@ chubb.com Foran 15-70-07548-U CORP CONSENT(rev.07-15) DATE(MM/DD/YYM Acs CERTIFICATE OF LIABILITY INSURANCE 06/09/2016 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 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 endarsement(s). PRODUCER LIC #OC36861 1-415-403-1491 CONTACT NAME: Kimberly Leikam Alliant Insurance Services, Inc. PHONN , 415-403-1491 A/C No: 415-874-4818 100 Pine Street, 11th Floor E-MAIL ADDRESS: kleikamAalliant.com San Francisco, CA 94111 INSURERS AFFORDING COVERAGE NAIC 0 John Gilliland INSURER A: VALLEY FORGE INS CO 20508 INSURED INSURER B: TRANSPORTATION INS CO 20494 Intermountain Slurry Seal, Inc. INSURER C 585 West Beach INSURER D: Watsonville, CA 95076 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 47082330 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 TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD MM/DD A GENERAL LIABILITY X X GL 2074978689 10/01/1 10/01/18 EACH OCCURRENCE $2.000,000 X DAMA E To RENTED 2,000,000 COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ CLAIMS-MADE Fx_1 OCCUR MED EXP(Any one person) $Nil X Contractual Liability PERSONAL BADV INJURY $2,000,000 X XCU Hazards GENERAL AGGREGATE $10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $2.000,000 1-1 POLICY X RO- X LOC $ P A AUTOMOBILE LIABILITY X X BUA 2074978692 10/01/1 10/01/18 COMBINED SINGLE LIMIT Ea accident 2,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS ][ NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident X Contractua $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAR CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ B WORKERS COMPENSATION X WC 274978658 (NY) 10/01/1 10/01/18 X WCSTATU- I JOTH- AND EMPLOYERS'LIABILITY - I TORY LIMITS I ER A ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N X WC 274978644 (AOS) 10/01/1 10/01/18 E.L.EACH ACCIDENT $ 2,000,000 OFFICER/MA (Mandatory In ER EXCLUDED? N/A X WC 274978630 (CA) 10/01/1 10/O1/18 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 2.000,000 B If yes describe under X WC 274978661 (MT,WI,HI) 10/O1/1 10/01/18 2,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Job #:165000 Hicrosurfacing Various Locations The City of Fort Worth, Texas is named additional insured per the attached forma. GL Per ISO Form CG0001 10/01; AL Per ISO Form CA0001 03/10 CERTIFICATE HOLDER CANCELLATION 1650 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton Street AUTHORIZED REPRESENTATIVE Fort Worth, TX 76102 AlliantInsurance Services,Inc. USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD jnielson DATE SUPPLEMENT TO CERTIFICATE OF INSURANCE 06/09/2016 NAME OF INSURED: Intermountain Slurry Seal, Inc. SUPP(10/00) POLICY NUMBER: GL2074978689 COMMERCIAL GENERAL LIABILITY Insurance Company: Valley Forge Insurance Co. Effective: 10-1-15 CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Any construction project as required by a written contract or agreement that was executed prior to the date of loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. For all sums which the insured becomes legally 3. Any payments made under Coverage A for obligated to pay as damages caused by damages or under Coverage C for medical "occurrences" under Section I—Coverage A, and expenses shall reduce the Designated for all medical expenses caused by accidents Construction Project General Aggregate Limit under Section I — Coverage C, which can be for that designated construction project. Such attributed only to ongoing operations at a single payments shall not reduce the General designated construction project shown in the Aggregate Limit shown in the Declarations Schedule above: nor shall they reduce any other Designated 1. A separate Designated Construction Project Construction Project General Aggregate Limit General Aggregate Limit applies to each for any other designated construction project designated construction project, and that limit shown in the Schedule above. is equal to the amount of the General 4. The limits shown in the Declarations for Each Aggregate Limit shown in the Declarations. Occurrence, Damage To Premises Rented To 2. The Designated Construction Project General You and Medical Expense continue to apply. Aggregate Limit is the most we will pay for the However, instead of being subject to the sum of all damages under Coverage A, General Aggregate Limit shown in the except damages because of "bodily injury" or Declarations, such limits will be subject to the "property damage" included in the "products- applicable Designated Construction Project completed operations hazard," and for General Aggregate Limit. medical expenses under Coverage C regardless of the number of: a. Insureds; b. Claims made or"suits" brought; or c. Persons or organizations making claims or bringing"suits." CG 25 03 05 09 Copyright, Insurance Services Office, Inc., 2008 Page 1 of 2 B. For all sums which the insured becomes legally C. When coverage for liability arising out of the obligated to pay as damages caused by "products-completed operations hazard" is "occurrences" under Section I—Coverage A, and provided, any payments for damages because of for all medical expenses caused by accidents "bodily injury" or "property damage" included in under Section I — Coverage C, which cannot be the "products-completed operations hazard" will attributed only to ongoing operations at a single reduce the Products-completed Operations designated construction project shown in the Aggregate Limit, and not reduce the General Schedule above: Aggregate Limit nor the Designated Construction 1. Any payments made under Coverage A for Project General Aggregate Limit. damages or under Coverage C for medical D. If the applicable designated construction project expenses shall reduce the amount available has been abandoned, delayed, or abandoned under the General Aggregate Limit or the and then restarted, or if the authorized Products-completed Operations Aggregate contracting parties deviate from plans, blueprints, Limit, whichever is applicable; and designs, specifications or timetables, the project 2. Such payments shall not reduce any will still be deemed to be the same construction Designated Construction Project General project. Aggregate Limit. E. The provisions of Section III — Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of 2 Copyright, Insurance Services Office, Inc., 2008 CG 25 03 05 09 G-140331-D CNA (Ed. 01/13) Policy#GL2074978689 Insurance Company: Valley Forge Insurance Co. Effective: 10-1-15 BLANKET ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - WITH PRODUCTS-COMPLETED OPERATIONS COVERAGE It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows: SCHEDULE (OPTIONAL) Name of Additional Insured Persons Or Organizations (As required by "written contract" per Paragraph A. below.) Locations of Covered Operations (As per the"written contract," provided the location is within the"coverage territory" of this Coverage Part.) A. Section II -Who Is An Insured is amended to include as an additional insured: 1. Any person or organization whom you are required by "written contract" to add as an additional insured on this Coverage Part; and 2. The particular person or organization, if any, scheduled above. B. The insurance provided to the additional insured is limited as follows: 1. The person or organization is an additional insured only with respect to liability for "bodily injury," "property damage," or"personal and advertising injury"caused in whole or in part by: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your ongoing operations specified in the "written contract"; or b. "Your work" that is specified in the "written contract" but only for "bodily injury" or "property damage" included in the "products-completed operations hazard," and only if: (1) The"written contract" requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. If the "written contract" specifically requires you to provide additional insurance coverage via the 10/01 edition of CG2010 (aka CG 20 10 10 01), or via the 10/01 edition of CG2037 (aka CG 20 37 10 01), or via the 11/85 edition of CG2010 (aka CG 20 10 11 85), then in paragraph B.1. above, the words 'caused in whole or in part by' are replaced by the words 'arising out of. 3. We will not provide the additional insured any broader coverage or any higher limit of insurance than: a. The maximum permitted by law; b. That required by the "written contract"; c. That described in B.1. above; or d. That afforded to you under this policy, G-140331-D (Ed. 01/13) Page 1 of 3 Copyright,CNA All Rights Reserved. G-140331-D ��A (Ed. 01/13) whichever is less. 4. Notwithstanding anything to the contrary in Condition 4. Other Insurance (Section IV), this insurance is excess of all other insurance available to the additional insured whether on a primary, excess, contingent or any other basis. But if required by the "written contract" to be primary and non-contributory, this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. 5. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury"arising out of: a. The rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities; or b. Any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this Coverage Part. C. SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement will as soon as practicable: (1) Give us written notice of an 'occurrence" or an offense which may result in a claim or "suit" under this insurance, and of any claim or"suit" that does result; (2) Except as provided in Paragraph B.4. of this endorsement, agree to make available any other insurance the additional insured has for a loss we cover under this Coverage Part; (3) Send us copies of all legal papers received, and otherwise cooperate with us in the investigation, defense, or settlement of the claim or"suit'; and (4) Tender the defense and indemnity of any claim or"suit' to any other insurer or self insurer whose policy or program applies to a loss we cover under this Coverage Part. But if the "written contract' requires this insurance to be primary and non-contributory, this provision (4) does not apply to insurance on which the additional insured is a Named Insured. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from the additional insured written notice of a claim or"suit." D. Only for the purpose of the insurance provided by this endorsement, SECTION V— DEFINITIONS is amended to add the following definition: "Written contract" means a written contract or written agreement that requires you to make a person or organization an additional insured on this Coverage Part, provided the contract or agreement: 1. Is currently in effect or becomes effective during the term of this policy; and 2. Was executed prior to: a. The"bodily injury" or"property damage"; or b. The offense that caused the "personal and advertising injury," for which the additional insured seeks coverage under this Coverage Part. All other terms and conditions of the Policy remain unchanged. G-140331-D (Ed. 01/13) Page 2 of 3 Copyright,CNA All Rights Reserved. CNA G-14033 (Ed. 01/13/13 Waiver of Transfer of Rights of Recovery Against Others to Us Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, The Transfer Of Rights Of Recovery Against Others To Us Condition is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the "products completed operations hazard." However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. Notice of Cancellation or Material Coverage Change In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part (other than the reduction of aggregate limits through payment of claims), we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change. 2. Address: Per Certificates of Insurance on file with the broker. 3. Number of days advance notice: For non-payment of premium, the greater of: • the number of days required by state statute or • the number of days required by written contract For any other reason, the lesser of: • 60 days or • the number of days required in a written contract G-15115-A(Ed 10/89) Material used with permission of ISO Properties, Inc G-00000-A Page 3 of 3 (Ed. ) CNA ADDITIONAL INSURED - PRIMARY AND NON-CONTRIBUTORY It is understood and agreed that this endorsement amends the BUSINESS AUTO COVERAGE FORM as follows: SCHEDULE Name of Additional Insured Persons Or Organizations Any person or organization whom the named insured is required by written contract to add as an additional insured on this policy. 1. In conformance with paragraph A.1.c. of Who Is An Insured of Section II — LIABILITY COVERAGE, the person or organization scheduled above is an insured under this policy. 2. The insurance afforded to the additional insured under this policy will apply on a primary and non-contributory basis if you have committed it to be so in a written contract or written agreement executed prior to the date of the"accident"for which the additional insured seeks coverage under this policy. Notice of Cancellation or Material Change- Designated Person or Organization In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to: SCHEDULE 1. Name: Any person or organization you are required by written contract or agreement to mail prior written notice of cancellation or material change. 2. Address: Per Certificates of Insurance on file with the broker. 3. Number of days advance notice: For non-payment of premium, the greater of: • the number of days required by state statute or • the number of days required by written contract For any other reason, the lesser of: • 60 days or • the number of days required in a written contract Waiver of Subrogation The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Schedule Any person or organization for whom or which the named insured is required by written contract or agreement to obtain this waiver from us. All other terms and conditions of the Policy remain unchanged. CNA71527XX(10/12) modified Policy No: BUA 2074978692 Effective Date: 10-1-15 Valley Forge Insurance Company Page 1 of 1 Copyright CNA All Rights Reserved. I G-1 9160-B CNA (Ed. 11/97) WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS- CALIFORNIA This endorsement changes the policy to which it is attached. It is agreed that Part One—Workers' Compensation Insurance G. Recovery From Others and Part Two—Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) PREMIUM CHARGE—n/a The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is n/a %. UTAH WAIVER OF SUBROGATION ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Utah is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Our waiver of rights does not release your employees' rights against third parties and does not release our authority as trustee of claims against third parties.Schedule : Any person or organization for whom the named insured has agreed by written contract to furnish this waiver. WC43 03 05(Ed 7-00) ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT All Other States where allowed(except CA,TX,UT) We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization for whom the named insured has agreed by written contract to furnish this waiver WC00 03 13 (Ed 4-84) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 10-1-15 Policy No. WC274978630 Valley Forge Insurance Company WC274978644 Valley Forge Insurance Company WC274978658 Transportation Insurance Company WC274978661 Transportation Insurance Company G-1 9160-B Page 1 of 1 (Ed. 11/97) STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjmy 2,2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................1 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............................................................................................................................I I 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................................................................ 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points.........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5—Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance, Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjmy Z 2016 6.02 Labor; Working Hours................................................................................................................20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and "Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties ...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas .......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services ..............................................................................34 6.23 Right to Audit..:",******....­­­­­­***­***...***'**'*****'****'*******************'****"**....**********"*"'*****"********',34 6.24 Nondiscrimination.......................................................................................................................35 Article 7 -Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Manager ............................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 Article 10-Changes in the Work; Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebmaayZ 2016 Articlel7—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation ofTimes ................................................................................................................02 l7/}3Cumulative Remedies.................................................................................................................62 l7.}4Survival of Obligations...............................................................................................................63 17.05 Headings---------------------.-----------------------.63 C!TYm`FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 00 7200-1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form,if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line,electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmay2.2016 007200-1 GENERAL CONDITIONS Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney – The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve 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 Revision:Febniary 2,2016 007200-1 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party,City or Contractor exclusive of a Contract Claim. 26. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 29. Director of Planning and Development— The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 31. Director of Water Department— The officially appointed Director of the Water Department of the City of Fort Worth,Texas,or his duly appointed representative, assistant,or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents.Extra work shall be part of the Work. 36. Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnaryZ 2016 007200-1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed—A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fehniary'2016 00 72 00-1 GENERAL CONDITIONS Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Manager—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material----Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Ftbnay Z 2016 007200-1 GENERAL CONDITIONS Page 6 of 63 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 furnish 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 1.02.B 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 Revision:Febnoy 2,2016