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HomeMy WebLinkAboutContract 45115 �., � � �, ,.. r y,,Y /// 2i' K r �/ ", �i i 5 f; w i� � e ._. ', YV �, V.. '�f 9,�,,. ,. �' � X11111 I���I��Yi(C �' �A�t+p''i;u; �i !+���,��iiiiii, PAP t TF/l/r, COLT CIL.ACTIN: Ap prdvod o 1011A f 2,Oiil4,A, �� �E I A A + / / REFE P.NCl NCB,.** .264 L OG NA40� PUISILICI I I T� uth p � +G tmC�n of a 0ontra t with ,Adu n+�d I avi Aoq-is tirurt, l tda In the Amrr�unt of 97 `, 77` fear Hot,Mi)(Aaphaltle andr to urfaee 4�r�rtay �� # r Apra �rr��t 1 l n l l� at Mollipl+ Locations Throughout the tty; rfor�UVadtm � I. . IL. IIT�CT� , g, 8 and ) Ll It 1 r pc� iywe ded t tk e 'rty + ur I►auth erl e e e euutl of rrtreut with Aduaneed l avleg A� Ialtlea x Ltd, rn unt raf 711,177. far 1 ► a r days fir I rL Mix As aft d,Derr ret ecla€ t multiple Ic� atls~►ria as IIi d'n tla attadhenita, "It , rye r a of c�rtaln deterlar� a s ee,r ahl lane le e e r Va#ovs p,avement,repairtec,hniquosare utlM ed dependloo,upon the Joyel Of p very er deterl ar ran T"h s eantraut a Ml provide fear a pK It re lr bf, + 1p e tre t a e ter, l ur uwh g for,this contuact,Is Ir► hided n tl c orltroa, tr6iif Mpintananco Nod, Tt rote t wad edvext etl far bId in 1t re F girth tiT 0J§gtqq can J 11,20,13-and,duly 11 , 2 'l Sri Aad ? 1, ,, tie fcll ideera reeird. A arm ed Paving Acqpjoiti n 97 7 1Lw�,>� nrttlrautiin K t.,l, 74�1g l�1' mree cntiuetidr tt ,,, '171 T � reaer ea the right,to,Increaseor decrease,,quantities of m�n4l0 uat Nterrma rlthlr�the j, arfiat;prdp»Ki that tie ►canfrat amount remains within plus car rn%r�+ a aerr► + te cmtrIt ward UIWI,8�Q ibe- v000ed Paving�u►aitie�n,I:tdN� %in comp w by th Ctty` I E�dln rl , ec in toy �Itt ISE ertl ipe ien yin lil pr t:The I a Z Bt a1 a thm ° r e t I 'I2 p " 0rcent These pr t I a aced In UN I PISTRICT$ 3,,$,,6, and 8, 1►lla� a 8g1�, , g1�,��,,. i ,,O�! W.AL IN IqN/C lFMC TlQN IIFF Igqla 1e�y �l lefrµyy� ert�eprum/ alylree�tr uerr�lfiyltfNrld ure avifble-�rf ureht epi bmdgK a ppl.�a�p''.'rlKx#tedY R e Contfact,Sir a Maine pn r,�wr"fund, % .// � � Y / `� a/// a n lcoi ;f ck, view,�� - . „ , a , , ; i• , ; . . . � � , , z = !� ■ � r « ; ., , ; . . . . r - « , »: �, ' , , ., � . , , , -§ z , . . | ■ . § § J 00 52 43- 1 Agreement a Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on October 15, 2013 is made by and between the City of 5 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 6 Manager, ("City"), and ADVANCED PAVING ACQUISITION, LTD., authorized to do 7 business in Texas, acting by and through its duly authorized representative, ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: N 10 Article 1. WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 FD AC SURFACE OVERLAY (2013-15) 17 02162 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. Few 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 110 calendar days after the date 24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 25 Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time 35 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 36 Acceptance. (rcrnTYr`�,1ig�(�a �f1;, r CITY OF FORT WORTH HMAC Surface Overlay(2013-15) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02162 r Revised August 17,2012 005243-2 Agreement M, Page 2 of 4 37 Article 4.CONTRACT PRICE 38 City agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of NINE HUNDRED SEVENTY THOUSAND EIGHT 40 HUNDRED SEVENTY SEVEN DOLLARS AND THIRTY FIVE CENTS ($970,877.35). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 0"M 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents(project speck) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACO.RD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MBE and/or SBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. ,1 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 0M 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 OFFICIAL RECORD CITY OF FORT WORTH HMAC Surface Overlay(2013-15) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02162 Revised August 17,2012 )�4F 005243-3 Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs,expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees, from and against any and all loss,damage 89 or destruction of property of the city,arising out of,or alleged to arise out of, the work 90 and services to be performed by the contractor, its officers, agents, employees, 10 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act,omission or negligence of the city. 1 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the IM 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal. 105 representatives to the other party hereto, in respect to all covenants, agreements and 1.06 obligations contained in the Contract Documents. MW 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or F 109 unenforceable by a court of competent ,jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and III CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth DIv1 ,w It,"WNCIAL RECORD CITY SECRE"FARY CITY OF FORT WORTH 2�'Tp "Al't,MR11�1"` i, TX HMAC Surface Overlay(2013-15) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02162 91� Revised August 17,2012 , ,. ....,ams„mk,., ofl a Vlugir 005243-4 Agreement Page 4 of 4 116 7.6 Other Provisions. 117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 118 classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 124 IN WITNESS WffEREOF, City and Contractor have executed this Agreement in multiple ,yy 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 1 Contra to City of Fo rth r: By; , �, .. Fernando do Costa Assistant City Manager Signature) ( Date Attest: (Printed Name) City Secretary r, ' (Seal) V0 Title ITw Address: � ... .?.. --1 M&C � Date: y, Ci /State/Zi i ,4. , Approved as to Form and Lega _,.: �" PP ty p ... . .... Date Poog4s-W:-Wack vVA Assistant City Attorney 129 130 131 APP OVAL RECOMMENDED: 132 � p 133 W , Lj 134 Douglas 0 Wiersig, P.E. r 135 DIRECTOR, 136 Transportation & Public Works 137 CWFICIAI. RECORD C11 f SECRETARY' CITY OF FORT WORTH HMAC Surface Overlay(2013-15) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02162 Revised August 17,2012 MIMI 0061 13- 1 ISSUED IN FOUR(4)COUNTERPARTS PERFORMANCE BOND Pa e 1 of OMAN S 1 SECTION 00 61 13 BOND NUMBER:4393378 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § S § KNOW ALL BY THESE PRESEN'T'S: 6 COUNTY OF TARRA_NT § T 7 8 That we, Advanced Paving Acquisition,Ltd., known as"Principal"herein and �» 9 SURETEC 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 ?"M 11 or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, NINE HUNDRED 13 SEVENTY THOUSAND EIGHT HUNDRED SEVENTY SEVEN DOLLARS AND 14 TARTY FIVE CENTS($970,877.351, lawful money of the United States, to be paid in Fort 15 Worth,Tarrant County,Texas for the payment of which sum well and truly to be made, we bind 16 ourselves, our heirs,executors,administrators, successors and assigns,jointly and severally, 17 firmly by these presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City 19 awarded the 15 day of October,2013,which Contract is hereby referred to and made a part 20 hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and 21 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 22 as provided for in said Contract designated as HMAC SURFACE OVERLAY(2013-15), 02162. 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and N 25 faithfully perform the Work, including Change Orders,under the Contract, according to the plans, 26 specifications,and contract documents therein referred to, and as well during any period of PRO 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,'texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. m CITY OF FORT WORTI I HMAC�SURFACE OVERLAY(2013.15) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02162 Revised July 1,2011 iii 0061 13-2 PERFORMANCE.13OND Page 2 of 2 'rye I This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. r1 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 29TH day of _ 6 OCTOBER 2013 a — 7 PRINCIPAL: 8 ADVANCED PAV G CO. 7 9 -- 10 12 / na re 13 ATTEST: 16 (Principal)Secretary Name and Title 17 Address: 2257 Joe Field Rd 19 / Dallas,TX 75229-3326 20 ,.. - 22 Witness as to P i clpal ' 23 SURETY: 24 SURETEC INSURANCE COMPANY 25 a 26 , i _ q l 27 13Y w f 28 Signature 29 30 V.DeLene Marshall,Attorney-In-Fact 31 Name and Title 32 33 Address: 1330 Post Oak Blvd.,Suite 1100 34 Houston TX 77056 35 _._...... _ 37 Witness as to Surety Telephone Number: 866-732-0099 38 39 40 IMM 41 *Mote: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. if 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORrI1 1itt1AC$i11tFACE OVF.RI.AY(2013 I S) STANDARD CONSTRUC11019 SPECIFICATION DOCUMENTS 02162 Reyiscd July 1,2011 7 0061 14- l PAYMENTBOND Page I of 2 IM ISSUED IN FOUR(4)COUNTERPARTS I SECTION 00 61 14 BOND NUMBER:4393378 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Advanced Paving Acquisition, Ltd., known as "Principal" herein, and 9 SURETEC SURANCE COMPANY , a corporate surety 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein I l (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 13 penal sum of NINE HUNDRED SEVENTY THOUSAND EIGHT HUNDRED SEVENTY 14 SEVEN DOLLARS AND THI IV RTY FE CENTS ($970,877.35), lawful money of the United 15 States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and 16 truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 17 jointly and severally,firmly by these presents: 18 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 9 19 15 day of October, 2013, which Contract is hereby referred to and made a part hereof for all 20 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 21 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 22 designated as HMAC SURFACE OVERLAY(2013-15), 02162. 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 RIP 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. CITY OF FORT wORTII hNIAC.SIJRFACF.OVERLAY(2013-15) STANDARD CONSTRUCTION SPECIFICATION DOCUNtFNTS 02162 Revised July I,2011 i 0061 14-2 PAYMENT BOND Page 2 or 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 29TH day of 3 OCTOBER ,20 13 4 PRINCIPAL: ADVANCED CO. ATTEST: �)Y� (Principal)Secretary Name and Title Address: 2257 Joe Field Rd. ° Dallas,TX 75229-3326 PO Wltnes as to Pr"" �� �. ipal MY SURETY: SURETECINSURANCECOMPANY �.e h ATTEST: BY Signature 00 A V.DeLene Marshall,Attorney-in-Fact (Surety) Secreta Name and Title Address: 1330 Post Oak Blvd.,Suite 1100 Houston,TX 77056 Witness as to Surety Telephone Number: 866-732-0099 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shal I riot be prior to the date the Contract is awarded. 1 I END OF SECTION r� 12 CITY OF FOR r wwri-i I WIAC SURFACE OVERLAY(2013-15) 1NP STANDARD CONSTRUCTION SPFCIT:ICATIONDOCUMENTS 02162 Revised July I,2011 J 0061 l9-1 MAINTENANCE BOND Page I of 3 ISSUED IN FOUR(4)COUNTERPARTS 1 SECTION 00 61 19 BOND NUMBER:439337$ 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TAR.RANT § 7 8 That.we Advanced Paving Acquisition,Ltd., known as "Principal" herein and 9 SURETEC 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 I t 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 NINE 13 HUNDRED SEVENTY THOUSAND EIGHT HUNDRED SEVENTY SEVEN DOLLARS 14 AND THIRTY FIVE CENTS ($970,$77,35), lawful money of the United States, to be paid in I tS Fort Worth,Tarrant County,Texas, for payment of which sum well and truly be made unto the 16 City and its successors, we bind ourselves,our heirs, executors, administrators, successors and 17 assigns,jointly and severally, firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 15 day of October,2013, which Contract is hereby referred to and a made part hereof for all Pol 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 HMAC SURFACE OVERLAY (2013-15), 02162; and 25 �R 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 wil I 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 PRO 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice frorn the City of the need thereof at any time within the Maintenance 33 Period, sD 34 CITY OF FORT WORT11 "1INIAC S,tJRFACE OVERLAY(2013-15) STANDARD CONSTRUCTION SPECIFICATION DOCUNIENTS 02162 Revised July I,2011 � � � 0061 19-2 � MAINTENANCE BOND Page zv[3 � \ NOW THEREFORE, the condition o[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 hw the City, then this obligation shall become null and void; otherwise tnremain in 4 full force and effect. 5 ~ 6 PROVU[)ED^ HOWEVER, if Principal oho|| fail so to repair or reconstruct any tbnnlv 7 noticed defective Work, itio agreed that the City may ouo.so any and all such defective Work to � 8 be repaired and/or reconstructed with al I associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and � |V \l 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 � \4 � 15 PROVIDED FURTHER,that this obligation uhaU be continuous in nature and 16 successive recoveries may h* had hereon for successive breaches. � |? �& \8 � |V 20 � 2| 22 l} � 24 � %5 � 26 27 � � � cKvDr. 0»TwORn I |MAC SURFACE OVFRLxv(20)3-|5) JTANW\R000ws rnmJ|0w SPECIFICATION IX)CoNIENT ` 02162 Revised July 1.2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 I 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 29TH day of 3 _ OCTOBER, 20 13 4 5 PRINCIPAL: 6 ADVANCED PAV 7 __. w . — 3 8 9 �a: to ignatwe 11 ATTEST: 12 9 ..„ 14 (Principal)Secretary Name and Title OWN 15 16 "� Address: 2257 Joe Field Rd, 17 TX 75229-3326 MW d. 1 18 r Ir 20 Mess as to P .. i9 " 21 SURETY: T 22 SURETEC INSURANCE COMPANY Y 25 BY. lip 26 Signature 27 28 V.DeLene Marshall,Attorney-In-Fact A 29 A E ST: Name and Title 30 31 j(/� Address: 1330 Post Oak Blvd.,Suite 1100 .......... 32 (Surety)Secret, Houston,TX 77056 33 35 Witness as to Surety Telephone Number: 866-732-0099 36 37 *Note: if signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT wORTIi 'f141AC SURFACE OVERLAY(2013-15) STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02162 Revised July 1,2011