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Contract 51012
CITY SECRETARY CONTRACT N0. City Secretary&3/ FORT WORTH Constm ion [] Project Manager[] PROJECT MANUAL FOR HMAC (2018-4) HIR STREET REHABILITATION At Various Locations ffOIFFFICIALRDCity Project No. 101333RY X 4 Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig, P.E. Director,Transportation and Public Works Department Prepared by The City of Fort Worth ���®`®e� TRANSPORTATION AND PUBLIC WORKS �a 0 F �J 2018 �� a.• �! >................................ LANE M. ZARATE ..........................., RECEIVED 108956 " JUL-6 2018 P����1•.��CENSEO '.``��i C[iY0FE0HTWOHTH .IVA .•.1-� vim, tnySECRECAR`( ���®� FORTWORTH. "I'" b City of Fort Worth Standard Construction Specification Documents Adopted September 2011 000000-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00- General Conditions 00 05 10 Mayor and Council Communication 0005 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 0043 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 0073 00 Supplementary Conditions Division 01 - General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 58 13 Temporary Project Signage 01 7000 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 71 23.01 Attachment A Survey Staking Standards 01 7423 Cleaning 01 77 19 Closeout Requirements 01 7839 Project Record Documents Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 -Existing Conditions CITY OF FORT WORTH HMAC(2018-4)STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised February 2,2016 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 0241 15 Paving Removal Division 03 - Concrete 03 3000 Cast-In-Place Concrete Division 31 - Earthwork 31 23 16 Unclassified Excavation 31 2500 Erosion and Sediment Control Division 32 - Exterior Improvements 32 11 23 Flexible Base Courses 3 1 1 33 Cement T«e., e Base�''ou-ses Tc-r-�✓ crrrel}rn-cacccrvc[vc-cvcir�� 32 12 16 Asphalt Paving 32 1273 Asphalt Paving Crack Sealants 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 1725 Curb Address Painting 3232 13 Cast-in-Place Concrete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding, and Sodding Division 33—Utilities 33 05 13 Frame, Cover,and Grade Rings 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 17 Concrete Collars Division 34-Transportation 3471 13 Traffic Control Division 99—Special Technical Specifications Paving Construction Allowance Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://proiectpoint.bLIzzsaw.com/cIient/fortworthgov/Resources/02%20- %20Construction%2ODocumeiits/Specifications Appendix r� �„„at& ,l1,, 4 GG 41.01 A.,.,,hail,+.of i GG .0 - -Subsur-ecce--and Physie-cri-Ge itions- GG4.04 Under-gr-eundFaeillties 1 ., 4.8 Hazardous- �J-- nefital-C-enditi n tSite GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GG 6.09 Pefmits andlvalities GG 6.24 sr-imin-Atian GN- 1.00 General Notes CS- 1.00 Construction Standards CITY OF FORT WORTH HMAC(2018-4)STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised February 2,2016 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 SP- 1.00 Special Provisions GR 01 60 000 —rPfeduet Requifements PL- 1.00 Project Listing QN- 1.00 Street by Street Quantity Determination Spreadsheet END OF SECTION CITY OF FORT WORTH HMAC(2018-4)STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised February 2,2016 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 611212018 DATE: Tuesday, June 12, 2018 REFERENCE NO.: C-28731 LOG NAME: 20HMAC 2018-4 HIR STREET REHABILITATION SUBJECT: Authorize Execution of a Contract with Cutler Repaving, Inc., in the Amount of$1,865,363.60 for Hot Mix Asphaltic Concrete, HMAC (2018-4), Hot-in-Place Recycling Street Rehabilitation at Multiple Locations Throughout the City of Fort Worth (COUNCIL DISTRICTS 3 and 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Cutler Repaving, Inc., in the amount of$1,865,363.60 for Hot Mix Asphaltic Concrete, HMAC (2018-4), Hat-in-Place Recycling Street Rehabilitation at multiple locations as listed on the project attachment (City Project No.101333). DISCUSSION: This project is part of the 2018 Contract Street Maintenance Plan, which provides for the rehabilitation of deteriorated asphalt streets, wherein various pavement repair procedures are utilized depending upon the level of deterioration. This contract will provide Hot-in-Place Asphalt Recycling (HIR) overlay on six (6) street segments. The Transportation and Public Works Department has been using HIR since 2007. Also, in the past, Mill and Overlay (MOL) procedures were bid as an alternate. The HIR procedure proved to always be more cost effective than the standard MOL. There are a limited number of contractors that perform HIR in Texas. The current bid prices are in line with last year's prices, and lower than the MOL contract prices that we are experiencing. Funding for this contract is included in the 2018 Contract Street Maintenance Plan in the General Capital Projects Fund, The City reserves the right to increase or decrease quantities of individual pay items within the contract, provided that the total contract amount remains within plus or minus 25 percent of the contract award. This project was advertised for bid on March 29, 2018 and April 5, 2018 in the Fort Worth Star-Telegram. On April 26, 2018 the following bid was received: Bidder Amount Cutler Repaving, Inc. $1,865,363.60 M/WBE Office: Cutler Repaving, Inc. is in compliance with the City's BDE Ordinance by committing to 6% MBE participation. The City's MBE goal on this project is 6%. These projects are located in COUNCIL DISTRICTS 3 and 5. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, for Logname: 20HMAC 2018-4 HIR STREET REHABILITATION Page 1 of 2 the 2018 Contract Street Maintenance Plan in the General Capital Projects Fund. Prior to an expenditure being incurred, the participating department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs1: TO Fund Department ccoun Project JProgram ctivity Budget Reference # �mounl ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivityl Budget I Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Managees Office by: Susan Alanis (8180) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Kristin Sugrim (8902) ATTACHMENTS 1. FID HMAC 2018-4.12df (CFW Internal) 2. Form 1295 HMAC 2018-4.pdf (Public) 3. HMAC 2018-4 Projects.pdf (Public) 4. Map H2O18-04 PAGE 1.pdf (Public) 5. Map H2O18-04 PAGE 2.pdf (Public) 6. Map H2O18-04 PAGE 3.pdf (Public) 7. Map H2O18-04 PAGE 4.pdf (Public) 8. MBE Cutler Repaving. df (CFW Internal) 9. SAM Report 101333.pdf (CFW Internal) Logname: 20HMAC 2018-4 HIR STREET REHABILITATION Page 2 of 2 C-'rizn3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 101`1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FIUNG 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number. of business. 2018-347928 Cutler Repaving,Inc. Lawrence,KS United States Date Flied: 2 Name of governmental entity or state agency that Is a party to the contract for which the forms 05/02/2018 being filed. City of Fort Worth Texas Date Acknowl/edged: 3 Provide the identification number used by the governmental entity or state agency to track or Identify the contract,and provide a description of the servkmM goods,or otter property to be provided under the contract 101333 HMAC(2018-4)HIR Street Rehabilitation 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Rathbun,John Lawrence,KS United States X Miles,John Lawrence,KS United States X Cutler,Douglas Los Ranchos,NM United States X Veskema,Charles Lawrence,KS United States X S Check only if them is NO Interested Party. a 6 UNSWORN DECLARATION My name is Chadw R,VeskwM and my date of birth Is �tG lig z&-i EP My address is (etnet) (city) (stats) (zip code) (courKry) I declare under penalty of pedury that the foregoing is true and correct Executed in k c unty, State of on thej&Lday of ,201/1L. c. (month) (year) 4�i !'1► Signature of authorized agent of contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.5523 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 flMAC(2018-4)HIR STREET REHABILITATION, 101333, 6 will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 200 Texas Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M. CST,Thursday,April 26,2018, 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 131627 S.Y. 1"Hot-in-Place Recycling 7240 TONS 1"HMAC Surface Course,Type D 3090 L.F. Remove and Replace Concrete Curb&Gutter 3890 S.F. Remove and Replace 6"Concrete Driveway 1000 S.F. Remove and Replace 4"Concrete Sidewalk 19 20 21 PREQUALIFICATION 22 The improvements included in this project must be performed by a contractor who is pre- 23 qualified by the City at the time of bid opening.The procedures for qualification and pre- 24 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 25 26 DOCUMENT EXAD'IINATION AND PROCUREMENTS 27 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 28 of Fort Worth's Purchasing Division website at http://www.fortworthtexas.gov/purchasing/and 29 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 30 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 31 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 32 Parties Form 1295 and the form must be submitted to the Project Manager before the 33 contract will be presented to the City Council.The form can be obtained at 34 https://www.ethics.state.tx.us/tec/1295-Info.htm . 35 36 Copies of the Bidding and Contract Documents may be purchased from: :Nikki McLeroy, 817- 37 392-8363, City of Fort Worth, Transportation&Public Works, 200 Texas St.,Fort Worth,TX 38 76102. 39 40 The cost of Bidding and Contract Documents is: $35.00 41 Set of Bidding and Contract Documents with full size drawings: CITY OF FORT WORTH HMAC(20184)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised December 22,2016 001113-2 INVITATION TO BIDDERS Page 2 of 2 1 Set of Bidding and Contract Documents with half size(if available)drawings: 2 3 PREBID CONFERENCE 4 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 5 BIDDERS at the following location, date,and time: 6 DATE: Friday,April 13, 2018 7 TE%IE: 10:00 A.M 8 PLACE: Transportation&Public Works,200 Texas St.,RM#: 270,Fort Worth, 9 TX 76102 10 11 LOCATION: Municipal Building, 2nd. Floor 12 13 14 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 15 City reserves the right to waive irregularities and to accept or reject bids. 16 17 18 FUNDING 19 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 20 revenues generated from grants and dedicated by Resolution to the work under this 21 INVITATION TO BIDDERS. 22 23 INQUIRIES 24 All inquiries relative to this procurement should be addressed to the following: 25 Attn: Kristian Sugrim, City of Fort Worth 26 Email: Kristian.Sugrim@fortworthtexas.gov 27 Phone: 817-392-8902 28 29 30 ADVERTISEMENT DATES 31 March 29,2018 32 April 5, 2018 33 34 35 END OF SECTION CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised December 22,2016 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00 -GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified (even if inadvertently opened) shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; 40 https:Hprojectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 42 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ 43 UIREM ENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 48 %20Contractor%2OPrequalification%2OProgram/PR-EQUALIFICATION%20REQ 49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised August 21,2015 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 2 3 3.2.Each Bidder unless currently prequalified, must be prepared to submit to City within 4 seven(7)calendar days prior to Bid opening, the documentation identified in Section 00 5 45 11, BIDDERS PREQUALIFICATIONS. 6 7 3.2.1. Submission of and/or questions related to prequalification should be addressed to 8 the City contact as provided in Paragraph 6.1. 9 10 11 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 12 bidder(s)for a project to submit such additional information as the City, in its sole 13 discretion may require, including but not limited to manpower and equipment records, 14 information about key personnel to be assigned to the project, and construction schedule, 15 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 16 deliver a quality product and successfully complete projects for the amount bid within 17 the stipulated time frame. Based upon the City's assessment of the submitted 18 information, a recommendation regarding the award of a contract will be made to the 19 City Council. Failure to submit the additional information, if requested, may be grounds 20 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 21 notified in writing of a recommendation to the City Council. 22 23 3.4.In addition to prequalification, additional requirements for qualification may be required 24 within various sections of the Contract Documents. 25 26 3.5.Special qualifications required for this project include the following: 27 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 28 29 4.1.Before submitting a Bid, each Bidder shall: 30 31 4.1.1. Examine and carefully study the Contract Documents and other related data 32 identified in the Bidding Documents (including "technical data" referred to in 33 Paragraph 4.2. below).No information given by City or any representative of the 34 City other than that contained in the Contract Documents and officially 35 promulgated addenda thereto, shall be binding upon the City. 36 37 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 38 site conditions that may affect cost, progress, performance or furnishing of the 39 Work. 40 41 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 42 progress, performance or furnishing of the Work. 43 44 4.1.4. 45 CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised August 21,2015 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 2 contiguous to the Site and all drawings of physical conditions relating to existing 3 surface or subsurface structures at the Site (except Underground Facilities)that 4 have been identified in the Contract Documents as containing reliable "technical 5 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 6 at the Site that have been identified in the Contract Documents as containing 7 reliable "technical data." 8 9 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 10 the information which the City will furnish. All additional information and data I 1 which the City will supply after promulgation of the formal Contract Documents 12 shall be issued in the form of written addenda and shall become part of the Contract 13 Documents just as though such addenda were actually written into the original 14 Contract Documents.No information given by the City other than that contained in 15 the Contract Documents and officially promulgated addenda thereto, shall be 16 binding upon the City. 17 18 4.1.7. Perform independent research, investigations, tests, borings, and such other means 19 as may be necessary to gain a complete knowledge of the conditions which will be 20 encountered during the construction of the project. On request, City may provide 21 each Bidder access to the site to conduct such examinations, investigations, 22 explorations, tests and studies as each Bidder deems necessary for submission of a 23 Bid. Bidder must fill all holes and clean up and restore the site to its former 24 conditions upon completion of such explorations, investigations,tests and studies. 25 26 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 27 cost of doing the Work, time required for its completion, and obtain all information 28 required to make a proposal. Bidders shall rely exclusively and solely upon their 29 own estimates, investigation, research,tests, explorations, and other data which are 30 necessary for full and complete information upon which the proposal is to be based. 31 It is understood that the submission of a proposal is prima-facie evidence that the 32 Bidder has made the investigation, examinations and tests herein required. Claims 33 for additional compensation due to variations between conditions actually 34 encountered in construction and as indicated in the Contract Documents will not be 35 allowed. 36 37 4.1.9. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 38 between the Contract Documents and such other related documents. The Contractor 39 shall not take advantage of any gross error or omission in the Contract Documents, 40 and the City shall be permitted to make such corrections or interpretations as may 41 be deemed necessary for fulfillment of the intent of the Contract Documents. 42 43 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 44 45 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 46 the site which have been utilized by City in preparation of the Contract Documents. 47 The logs of Soil Borings, if any, on the plans are for general information only. 48 Neither the City nor the Engineer guarantees that the data shown is representative 49 of conditions which actually exist. 50 CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised August 21,2015 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.2. those drawings of physical conditions in or relating to existing surface and 2 subsurface structures(except Underground Facilities)which are at or contiguous to 3 the site that have been utilized by City in preparation of the Contract Documents. 4 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 6 on request. Those reports and drawings may not be part of the Contract 7 Documents, but the "technical data" contained therein upon which Bidder is entitled 8 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 9 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 10 responsible for any interpretation or conclusion drawn from any "technical data" or 11 any other data, interpretations, opinions or information. 12 13 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 14 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 15 exception the Bid is premised upon performing and furnishing the Work required by the 16 Contract Documents and applying the specific means, methods, techniques, sequences or 17 procedures of construction(if any)that may be shown or indicated or expressly required 18 by the Contract Documents, (iii)that Bidder has given City written notice of all 19 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 20 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 21 etc., have not been resolved through the interpretations by City as described in 22 Paragraph 6., and (iv)that the Contract Documents are generally sufficient to indicate 23 and convey understanding of all terms and conditions for performing and furnishing the 24 Work. 25 26 4.4.The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 27 biphenyls(PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 28 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 29 Documents. 30 31 5. Availability of Lands for Work,Etc. 32 33 5.1.The lands upon which the Work is to be performed, rights-of-way and easements for 34 access thereto and other lands designated for use by Contractor in performing the Work 35 are identified in the Contract Documents. All additional lands and access thereto 36 required for temporary construction facilities, construction equipment or storage of 37 materials and equipment to be incorporated in the Work are to be obtained and paid for 38 by Contractor. Easements for permanent structures or permanent changes in existing 39 facilities are to be obtained and paid for by City unless otherwise provided in the 40 Contract Documents. 41 42 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 43 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 44 of-way, easements, and/or permits are not obtained,the City reserves the right to cancel 45 the award of contract at any time before the Bidder begins any construction work on the 46 project. 47 CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised August 21,2015 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 2 way, easements, and/or permits, and shall submit a schedule to the City of how 3 construction will proceed in the other areas of the project that do not require permits 4 and/or easements. 5 6 6. Interpretations and Addenda 7 8 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 9 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 10 received after this day may not be responded to. Interpretations or clarifications 11 considered necessary by City in response to such questions will be issued by Addenda 12 delivered to all parties recorded by City as having received the Bidding Documents. 13 Only questions answered by formal written Addenda will be binding. Oral and other 14 interpretations or clarifications will be without legal effect. 15 16 Address questions to: 17 18 City of Fort Worth 19 200 Texas Street 20 Fort Worth, TX 76102 21 Attn: Kristian Sugrim 22 Fax: 817-392-8092 23 Email Kristian.Sugrim@fortworthtexas.gov 24 Phone: 817-392-8902 25 26 27 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 28 City. 29 30 Addenda or clarifications may be posted via Buzzsaw at 31 hgps://projectpoint.buzzsaw.com/fortworthgov/Infrastructure%20Projects/101333%20- 32 %20HMAC%202018-04%20HIR%20Street%20Rehab? ublic 33 34 6.3.A prebid conference may be held at the time and place indicated in the Advertisement or 35 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 36 Project. Bidders are encouraged to attend and participate in the conference. City will 37 transmit to all prospective Bidders of record such Addenda as City considers necessary 38 in response to questions arising at the conference. Oral statements may not be relied 39 upon and will not be binding or legally effective. 40 41 7. Bid Security 42 43 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 44 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 45 the requirements of Paragraphs 5.01 of the General Conditions. 46 CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised August 21,2015 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 4 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 8. Contract Times 10 The number of days within which, or the dates by which, Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Form. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 10. Substitute and "Or-Equal" Items 19 The Contract, if awarded,will be on the basis of materials and equipment described in the 20 Bidding Documents without consideration of possible substitute or "or-equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or"or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City, application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 26 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 27 28 11. Subcontractors, Suppliers and Others 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 31 12-2011 (as amended),the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts. A copy of the Ordinance can be 33 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 34 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 35 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 36 Venture Form as appropriate. The Forms including documentation must be received 37 by the City no later than 2:00 P.M. CST,on the second business days after the bid 38 opening date. The Bidder shall obtain a receipt from the City as evidence the 39 documentation was received. Failure to comply shall render the bid as non- 40 responsive. 41 42 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 43 or organization against whom Contractor has reasonable objection. 44 45 12. Bid Form 46 47 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 48 obtained from the City. 49 CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised August 21,2015 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 4 price item listed therein. In the case of optional alternatives,the words "No Bid," 5 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals, for which the Bidder proposes to do the 7 work contemplated or furnish materials required. All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 46 envelope, marked with the City Project Number, Project title,the name and address of 47 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 48 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 49 envelope with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised August 21,2015 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 4 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 5 must be made in writing by an appropriate document duly executed in the manner 6 that a Bid must be executed and delivered to the place where Bids are to be submitted 7 at any time prior to the opening of Bids. After all Bids not requested for withdrawal 8 are opened and publicly read aloud, the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City, be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates(if any) will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder, whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price, contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders, Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised August 21,2015 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs, maintenance requirements, performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility, qualifications,and financial 12 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization, work of a value not less than 17 35%of the value embraced on the Contract, unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance, and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised August 21,2015 omit 00 35 13 BID FORM Page 1 of 1 SECTION 00 3513 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you")to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://wvvw.ethics.state.tx.us/forms/C]Q.Ddf http://www.ethics.state.tx.us/forms/CIS.pdf ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Cutler Repaving, inc. By: Charles R. Vesker��a 921 East 27th St. Signature: a �cLL Lawrence, Ks 66046 Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Copy of Fort Worth 2018 Bid(B).xls 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o:The Purchasing Division 200 Texas Street City of Fort Worth,Texas 76102 FOR: HMAC(2018-4) HIR STREET REHABILITATION AT VARIOUS LACATIONS City Project No.: 101333 Units/Sections: PAVEMENT IMPROVEMENT 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 HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Form Revised 20150821 Copy of Fort Worth 2018 Bid(B).xls 00 41 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. HMAC Street Rehabilitation Heavy Maintenance and all items directly associated with the paving b. C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 150 Calendar days after the date when the 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. S. 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. Prequalification Statement, Section 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. 6.3. Evaluation of Alternate Bid Items<use this if applicable, otherwise delete> Total Base Bid<use this if applicable, otherwise delete $0.00 Alternate Bid<use this if applicable,otherwise $0.00 CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Form Revised 20150821 Copy of Fort Worth 2018 Bid(B).xls 00 41 00 BID FORM Page 3 of 3 Deductive Alternate<use this if applicable, otherwise $0.00 Additive Alternate<use this if applicable, otherwise $0.00 Total Bid $1,865,363.60 7. Bid Submittal This Bid is submitted on April 26,2018 by the entity named below. Respectfully miffed, Receipt is acknowledged of the following Addenda: Initial By: Addendum No. 1: (Signature) Addendum No.2: Addendum No. 3: Charles R.Veskerna Addendum No.4: (Printed Name) Title: President Company: Cutler Repaving,inc. Corporate Seal: Address: 921 East 27th St. _.,J 4 a Lawrence, Ks 66046 ; p W ;o ; S State of Incorporation: Delaware uJ w o n Email: bveskernaacutlerrepavinp.com •`� ��� .•�r Phone: 785-843-1524 END OF SECTION CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Form Revised 20150821 Copy of Fort Worth 2018 Bid(B).xls 00 42 43 BID PROPOSAL Page I of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity 1 3305.0108 Miscellaneous Adjustments(Utilities) 33 05 14 LS 1 $7,000.00 $7,000.00 2 0241.1300 Remove Concrete Curb&Gutter 0241 15 LF 3086 $5.00 $15,430.00 3 3216.0102 T'Concrete Curb&18"Gutter 32 16 13 LF 3086 $26.00 $80,236.00 4 0241.0401 Remove Concrete Driveway 024113 SF 3884 $3.00 $11,652.00 5 3213.04016"Concrete Driveway 32 13 20 SF 3884 $5.50 $21,362.00 6 0241.0100 Remove Sidewalk 0241 13 SF 1000 $1.00 $1,000.00 7 3213.03114"Concrete Sidewalk 32 13 20 SF 1000 $6.00 $6,000.00 8 0241.1400 Remove Concrete Valley Gutter 0241 15 SY 136 $18.00 $2,448.00 9 3216.0302 7"Concrete Valley Gutter 32 16 13 SY 136 $63.00 $8,568.00 10 0241.0300 Remove ADA Ramp 0241 13 EA 7 $200.00 $1,400.00 11 9999.0000 ADA Ramp 32 13 26 EA 10 $1,500.00 $15,000.00 12 9999.0000 Remove and Replace 10'Curb Inlet Top 00 00 00 EA 2 $1,750.00 $3,500.00 13 9999.0000 Remove and Replace 20'Curb Inlet Top 00 00 00 EA 2 $2,750.00 $5,500.00 14 3212.0900 Crack Sealing of Existing Pavement 3212 73 GA 110 $30.00 $3,300.00 15 9999.0000 1"Asphalt Pavement,Type D 32 12 16 TN 7240 $87.50 $633,500.00 16 9999.0000 1"Hot-in-Place Recycling 00 00 00 SY 131627 $2.80 $368,555.60 17 9999.0000 Rejuvenating Oil @10% 00 00 00 GA 13163 $3.60 $47,386.80 18 0241.1501 Pavement Wedge Milling(1"to 0"Depth,5'Wide) 0241 15 SY 19200 $3.75 $72,000.00 19 3212.0600 Asphalt Pavement Level-Up 32 12 16 TN 175 $92.00 $16,100.00 20 3124.0101 Asphalt Pavement Base Repair 31 2400 CY 1160 $270.00 $313,200.00 21 3123.0101 Unclassified Street Excavation 32 23 16 CY 776 $100.00 $77,600.00 22 0241.1600 Butt Milling 02 41 15 LF 843 $16.00 $13,488.00 23 3305.0111 Water Valve Box Adjustments(w/Steel Riser) 33 05 14 EA 20 $175.00 $3,500.00 24 3349.0101 Manhole Adjustment(w/Steel Riser) 33 49 10 EA 9 $275.00 $2,475.00 25 3305.0107 Miscellaneous Adjustments,Water Meter Box 33 05 14 EA 6 $50.00 $300.00 26 3217.0100 Curb Address Painting 32 17 25 EA 19 $30.00 $570.00 27 3292.0100 Block Sod Replacement 329213 SY 635 $10.00 $6,350.00 28 3217.0305 Stop Bars Pavement Markings 32 17 23 LF 405 $6.50 $2,632.50 29 3217.0301 12"Solid Pavement Markings,Cross-walk,White 32 17 23 LF 132 $4.50 $594.00 30 3217.00014"Solid White Thermoplastic(HAS)Lane Lines 32 17 23 LF 7984 $0.65_ $5,189.60 31 3217.0002 4"Solid Yellow Thermoplastic(HAS)Center Lane Lines 32 17 23 LF 8974 $0.65 $5,833.10 32 3217.0002 2-Way Tum Lanes Pavement Markings 32 17 23 LF 1980 $2.50 $4,950.00 33 3471.0002 Portable Message Board(at 30 days) 34 71 13 EA 2 $3,150.00 $6,300.00 34 9999.0096 Paving Construction Allowance 00 00 00 LS 1 $102,443.00 $102,443.00 Bid Summary Base Bid CITY OF FORT WORTH HMAC 2018-4(HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Forto Revised 20120120 Copy of Fort Worth 2018 Bid(B).xle 00 42 43 BID PROPOSAL Page 2 d'2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Description Specification Unit of Bid Unit Price Bid Value Item No. Section No. Measure Quantity Total Base Bid Alternate Bid Total Alternate Bid Deductive Alternate Bid Total Deduce Altercate Bid Additive Alternate Bid Total Additive Alternate Bid Total Bidl $1,865,363.601 END OF SECTION CITY OF FORT WORTH HMAC 2018-4(HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Form Revised 20120120 Copy of Fort Wash 2018 Bid(B)-x1s 00 43 13 BID BOND Pape 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) Cutler Repaving, Inc. hereinafter called the Principal,and(Surety Name) Employers Mutual Casualty Company a corporation or firm duly authorized to transact surety business In the State of Texas, hereinafter called the Surety, are held and firmly bound unto the Citv. hereinafter called the Obligee, in the sum of Five Percent(5%) of Amount Bid and No/100 Dollars ($ 5% of Amount Bid ), the payment of which sum win oe 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 HMAC(2018-4)HIR STREET REHABILITATION AT VARIOUS LACATIONS NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal,this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this 26th day of April ,2018. By: Cutler Repaving, Inc. Charles R.Veskema President (Signature and Title of Principal) 'By: Employers Mutual Casualty Co any ee Is10f ssa CT'Dry (Signature of Attomey-of-Fact) *Attach Power of Attorney(Surety)for Attomey-in-Fact Impressed -'- Surety Seal Only > ;•4 _ i7 END OF SECTION CITY OF FORT WORTH HMAC(2018 4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Form Revised 20110827 0042 43_Bid Proposal Workbook.xis /INSURANCE EMC P.O.Box 712•Des Moines,IA 50306-0712 No. C31240 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS,that: 1. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation 3. Union Insurance Company of Providence,an Iowa Corporation 7. Hamilton Mutual Insurance Company,an Iowa Corporation 4. Illinois EMCASCO Insurance Company,an Iowa Corporation hereinafter referred to severally as"Company'and collectively as"Companies",each does,by these presents,make,constitute and appoint: ROBERT B.FISS,SCOTT H.FISS,DROSTE D.MILLEDGE,MELISSA L.ORY,PATRICE M.LARSEN its true and lawful attorney-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-of-Attomey is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to(1)appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attorney-in-fact at any time and revoke the power and authority given to him or her.Attorneys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-aftorney issued to them, to execute and deliver on behalf of the Company,and to attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attomey-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attomey authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company. The facsimile or mechanically reproduced signature of such officer,whether made heretofore or hereafter, wherever appearing upon a certified copy of any power-0f-attomey of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this 23rd day of MARCH 2018 E Sealsrace G.Kelley, airman Todd Strother PINS' PS�O Uggi, SLE GOMPq H�,,' `��P;Y,g. 4,:,; of Companies 2,3,4,5& ;President Vice President `:WL uOpP ORq Fr,'n'. Q PPOgSr i°', :OQ�•�ORPOggt of Company 1;Vice Chairman and °z SEAL ` - ----,E-1863 ; 1953 CEO of Company 7 IOWA .=o; ;�' '." .,3' ` I. On this 23rd day of MARCH AD 2018 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and ``aSUFlgry�P•., NSURq,yC''' ' 'q� "'' Todd Strother,who,being b me duly sworn,did say that the are,and are known to me to be the ° P F '. 9 Y Y Y Y yc.:pgPOgqJ,O� O„ppgq�,C°', yP `Pppgq., Chairman,President,Vice Chairman and CEO,and/or Vice President,respectively,of each of The Companies above;that the seals affixed to this instrument are the seals of said corporations; SEAL SEAL that said instrument was signed and sealed on behalf of each of the Companies by authority 'owP'�">>�'" °qT " 01p,` be;.,,,,,.`�P; of their respective Boards of Directors;and that the said Bruce G.Kelley and Todd Strother,as HD,K .,, such officers,acknowledged the execution of said instrument to be the voluntary act and deed Mu•T+ra� % of each of the Companies. vo�'MUTU4 2sG�• My Commission Expires October 10,2019. DGME q6j�w = J {U RAN�� o KATHY �Cm io C �01 October 10,2019 � Notary P lic in and for the State of I a " ES, _ CERTIFICATE 1,.fages'D.CIP44 Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and'this Power of AttorrieAsued pursuant thereto on MARCH 23,201 B on behalf of: ROBER',,B.FISS,SCQiEeH.FISS,DROSTE D.MILLEDGE,MELISSA L.ORY,PATRICE M.LARSEN are true and correct and are still in full force and effect. In Testimony Whereof i have subscribed rye name nd affixed the facsimile seal of each Company this f1l, da of y001 `°' E , � Vice President P Y � Y _; . ffn 51 •. 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 Kansas 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: Cutler Repaving, inc. By: Charles R. Veskerna 921 East 27th St. LiaL72 �- (Signalure) Lawrence, Ks 66046 Title: President Dater END OF SECTION CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Form Revised 20110627 Copy of Fort Worth 2018 Bid(B).xls 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12,Prequalification 6 Statement for the work type(s) listed with their Bid.Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13,Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor.The information must be submitted seven(7)days prior 12 to the date of the opening of bids.For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31st day of March 14 in order to bid on these projects.In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents (Corporate Charter,Articles 23 of Incorporation,Articles of Organization,Certificate of Formation,LLC 24 Regulations,Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements.Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH HMAC(2018-4)HTR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised July 1,2011 0045 11-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion, or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects.Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A" should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment.Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH HMAC(2018-0)H[R STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised July 1,2011 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. if a coniracior has a valid prequaliflcation leder, the conLrad(Or will be eligible L`o o d 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised July 1,2011 00 45 12 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date HMAC Street Rehabilitation Heavy Maintenance and all Cutler Repaving, Inc. May 1, 2019 items directly associated with the paving 0 0 0 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Cutler Repaving, inc. B : Charles R. Veskerna 921 East 27th St. (Signature) Lawrence, Ks 66046 Title: President Date: END OF SECTION CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Form Revised 20120120 Copy of Fort Worth 2018 Bid(B).xls 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a),as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 101333. Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 Cutler Repaving,Inc. By: Charles R.Veskema 13 Company 'Please Print) 14 15 921E 27th St Signature: 16 Address 17 18 Lawrence,KS 66046-4917 Title: President 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF KANSAS § 23 24 COUNTY OF DOUGLAS § 25 26 BEFORE ME,the undersigned authority,on this day personally appeared 27 &AIP"s 'yQ. V6su..E&AA , known to me to be the person whose name is 28 subscribed to the foregoing instrument,,and acknowledged to me that he/she executed the same as 29 the act and deed of Cu TLE4 -)(�E'PAV 044� N e • for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this ,1&7,w day of 33 APut. ,20 19. 34 35 36 37 Notary P blic in and for the State of Kansas 38 NOTARY PUBLIC-State of Kansas 39 END OF SECTION JUDITH K. COFFMAN _-= My Appt.Exp. -��• 40 CITY OF FORT WORTH WRAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised July 1,2011 004540-1 Minority Business Enterprise Specifications Page I 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 6%of the total bid value of the contract (Base bid applies to Parks 14 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 REOUIRED 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. The,Offeror shall 30 deliver the MBE documentation in person to,the appropriate employee,of the purcbasing I d vision and 31 obtain a date/time receipt. Such receipt shall be evidence that the City,received the documeMat�on in tie 32 time allocated. A faied and/or entailed 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 HMAC(20184)STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised June 9,2015 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form, if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR.THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 6 7 Any Questions,Please Contact The M/WBE Office at(817)212-2674. 8 END OF SECTION 9 10 11 CITY OF FORT WORTH HMAC(2018-4)STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised June 9,2015 00 52 43-1 Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 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 Cutler Repaving, Inc., authorized to do business in Texas, acting by and through its 6 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 HMAC(2018-4)HIR STREET REHABILITATION 16 101333 17 Article 3. CONTRACT PRICE 18 City agrees to pay Contractor for performance of the Work in accordance with the Contract 19 Documents an amount, in current finds, of One Million,Eight Hundred Sixty Five Thousand, 20 Three Hundred Sixty Three and 60/100 Dollars ($1,865,363.60). 21 Article 4. CONTRACT TIME 22 4.1 Final Acceptance. 23 The Work will be complete for Final Acceptance within 150 calendar days after the date 24 when the Contract Time commences to run, as provided in Paragraph 2.03 of the General 25 Conditions, plus any extension thereof allowed in accordance with Article 12 of the 26 General Conditions. 27 4.2 Liquidated Damages 28 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 29 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 30 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 31 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 32 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 33 instead of requiring any such proof, Contractor agrees that as liquidated damages for 34 delay (but not as a penalty), Contractor shall pay City Six Hundred and Fifty Dollars 35 ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final 36 Acceptance until the City issues the Final Letter of Acceptance. 37 Article 5. CONTRACT DOCUMENTS 38 5.1 CONTENTS: 39 A. The Contract Documents which comprise the entire agreement between City and 40 Contractor concerning the Work consist of the following: CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised 11.15.17 005243-2 Agreement Page 2 of 5 41 1. This Agreement. 42 2. Attachments to this Agreement: 43 a. Bid Form 44 1) Proposal Form 45 2) Vendor Compliance to State Law Non-Resident Bidder 46 3) Prequalification Statement 47 4) State and Federal documents(project specific) 48 b. Current Prevailing Wage Rate Table 49 c. Insurance ACORD Form(s) 50 d. Payment Bond 51 e. Performance Bond 52 f. Maintenance Bond 53 g. Power of Attorney for the Bonds 54 h. Worker's Compensation Affidavit 55 i. MBE and/or SBE Utilization Form 56 3. General Conditions. 57 4. Supplementary Conditions. 58 5. Specifications specifically made a part of the Contract Documents by attachment 59 or, if not attached, as incorporated by reference and described in the Table of 60 Contents of the Project's Contract Documents. 61 6. Drawings. 62 7. Addenda. 63 8. Documentation submitted by Contractor prior to Notice of Award. 64 9. The following which may be delivered or issued after the Effective Date of the 65 Agreement and, if issued, become an incorporated part of the Contract Documents: 66 a. Notice to Proceed. 67 b. Field Orders. 68 c. Change Orders. 69 d. Letter of Final Acceptance. 70 71 Article 6. INDENMIFICATION 72 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 73 expense, the city, its officers, servants and employees, from and against any and all 74 claims arising out of, or alleged to arise out of, the work and services to be performed 75 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 76 under this contract. This indemnification provision is specifically intended to operate 77 and be effective even if it is alleged or proven that all or some of the damages being 78 sought were caused, in whale or in part, by any act, omission or negligence of the city. 79 This indemnity provision is intended to include, without limitation, indemnity for 80 costs,expenses and legal fees incurred by the city in defending against such claims and 81 causes of actions. 82 CITY OF FORT WORTH HMAC(2018-4)HDR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised 11.15.17 005243-3 Agreement Page 3 of 5 83 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 84 the city,its officers,servants and employees,from and against any and all loss,damage 85 or destruction of property of the city,arising out of,or alleged to arise out of,the work 86 and services to be performed by the contractor, its officers, agents, employees, 87 subcontractors, licensees or invitees under this contract. This indemnification 88 provision is specifically intended to operate and be effective even if it is alle¢ed or 89 proven that all or some of the damages being sought were caused, in whole or in part, 90 by any act,omission or negligence of the city. 91 92 Article 7.MISCELLANEOUS 93 7.1 Terms. 94 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 95 have the meanings indicated in the General Conditions. 96 7.2 Assignment of Contract. 97 This Agreement, including, all of the Contract Documents may not be assigned by the 98 Contractor without the advanced express written consent of the City. 99 7.3 Successors and Assigns. 100 City and Contractor each binds itself, its partners, Successors, assigns and legal 101 representatives to the other party hereto, in respect to all covenants, agreements and 102 obligations contained in the Contract Documents. 103 7.4 Severability. 104 Any provision or part of the Contract Documents held to be unconstitutional, void or 105 unenfb,,,ea'ole by a court of competent jurisdiction shall be deemed stricken, and all 106 remaining provisions shall continue to be valid and binding upon CITY and 107 CONTRACTOR. 108 7.5 Governing Law and Venue. 109 This Agreement, including all of the Contract Documents is performable in the State of 110 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 111 Northern District of Texas,Fort Worth Division. 112 7.6 Authority to Sign. 113 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 114 than the duly authorized signatory of the Contractor. 115 116 7.7 Prohibition On Contracts With Companies Boycotting Israel. 117 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 118 Code, the City is prohibited from entering into a contract with a company for goods or 119 services unless the contract contains a written verification from the company that it:(1) 120 does not boycott Israel;and(2)will not boycott Israel during the term of the contract. CITY OF FORT WORTH HMAC(2018-4)M MEET REHABILTTATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised 11.15.1', 005243-4 Agreement Page 4 of 5 121 The terms "boycott Israel"and"company"shall have the meanings ascribed to those terms 122 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 123 certifies that Contractor's signature provides written verification to the City that 124 Contractor. (1) does not boycott Israel, and(2) will not boycott Israel during the term of 125 the contract. 126 127 7.8 Immigration Nationality Act. 128 Contractor shall verify the identity and employment eligibility of its employees who 129 perform work under this Agreement, including completing the Employment Eligibility 130 Verification Form(I-9). Upon request by City,Contractor shall provide City with copies of 131 all I-9 forms and supporting eligibility documentation for each employee who performs 132 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 133 establish appropriate procedures and controls so that no services will be performed by any 134 Contractor employee who is not legally eligible to perform such services. 135 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 136 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 137 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 138 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 139 Contractor, shall have the right to immediately terminate this Agreement for violations of 140 this provision by Contractor. 141 142 7.9 No Third-Party Beneficiaries. 143 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 144 and there are no third-party beneficiaries. 145 146 7.10 No Cause of Action Against Engineer. 147 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 148 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 149 subcontractors, for any claim arising out of, in connection with, or resulting from the 150 engineering services performed. Only the City will be the beneficiary of any undertaking by 151 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 152 whether as on-site representatives or otherwise, do not make the Engineer or its personnel 153 in any way responsible for those duties that belong to the City.and/or the City's construction 154 contractors or other entities, and do not relieve the construction contractors or any other 155 entity of their obligations, duties, and responsibilities, including, but not limited to, all 156 construction methods, means, techniques, sequences, and procedures necessary for 157 coordinating and completing all portions of the construction work in accordance with the 158 Contract Documents and any health or safety precautions required by such construction 159 work. The Engineer and its personnel have no authority to exercise any control over any 160 construction contractor or other entity or their employees in connection with their work or 161 any health or safety precautions. 162 163 SIGNATURE PAGE TO FOLLOW 164 CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABUITAnON STANDARD CONSTRUC IION SPECIFICATION DOCUMENTS 101333 Revised 11.15.17 005243-5 Agreement Page 5 of 5 165 166 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be 167 effective as of the date subscribed by the City's designated Assistant City Manager ("Effective 168 Date"). 169 Contractor:Cutler Repaving,Inc. City of F�FistSant By: usan Alanis By: City Manager (Signature) " Date Charles R.Veskema Attest: (Printed Name) City Secretary 01,•F�j��'� Title: President (Seal) Address: * 'Y 921E 27th St M&C C-28731 Date: 06/12/2018 TS Lawrence,KS 66046-4917 Form 1295 No.2018-347928 City/Stat?./?in: Contract Compliance Manager: By signing,I acknowledge that I am the person responsible for the monitoring and Date administration of this contract,including ensuring all performance and reporting require ts. z v Kristian Sugrim -- -% — Project Manager Approve as to Form and Legality: OFFICIAL RECORDa!--7 CITY SECRETARY Dou W.Black 170 FT WORTH,TX Assistant City Attorney 171 jou kotation ECOMMENDED: 172 173 174 ersig,P.E. 175 176 &Public Works 177 CITY OF FORT WORTH HMAC(2018-4)HR STREET REHABIIITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised 11.15.17 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 Bond No. S448131 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Cutler Repaving Inc.,known as"Principal"herein and 9 Employers Mutual Casualty 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 Texas,known as"City"herein,in the penal sum of One Million Eight 13 Hundred Sixty-Five Thousand,Three Hundred Sixty-Three and 60/100 Dollars($ 1,865,363.60), 14 lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas for the 15 payment of which sum well and truly to be made,we bind ourselves,our heirs,executors, 16 administrators,successors and assigns,jointly and severally,firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the 12 day of June, 2018,which Contract is hereby referred to and made a part hereof for 19 all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 20 accessories defined by law,in the prosecution of the Work,including any Change Orders,as 21 provided for in said Contract designated as 22 HMAC(2018-4)HIR STREET REHABILITATION, 101333 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders,under the Contract,according to the plans, 26 specifications,and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised July 1,2011 006113-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 12th day of 6 June 920 18 . 7 PRINCIPAL: 8 Cutler Rep wing,Inc. 9 10 BY: -.�_,, A aA ) 11 Signature 12 S 13 14 Charles K Veskempt President --� = 15 (Princ' al) Secretary Name and Title 16 17 Address:921 E. 271 St. �✓� v�- 18 Lawrence,KS 66046-4917 19 20 Witness as to , 'ncipal 21 SURETY: 22 Employers Mutual Casualty Company 23 24 ' 25 26 Signature 27 28 Patrice M. Larsen, Attorney-in-Fa_ef 29 Name and Title 30 31 Address: P. O. Box 712 32 Des Moines, IA 50306-0712 33 34 � 35 Witness as to Surety Telephone Number: 515-280-2511 36 37 38 39 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 40 from the by-laws showing that this person has authority to sign such obligation. If 41 Surety's physical address is different from its mailing address, both must be provided. 42 The date of the bond shall not be prior to the date the Contract is awarded. 43 CITY OF FORT WORTH HMAC(2018.4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised July 1,2011 0061 14-1 PAYMENT BOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND Bond No. 5448131 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Cutler Repaving- Inc., known as "Principal" herein, and 9 Employers Mutual Casualty Company I a corporate surety 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 11 (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 One Million, Eight Hundred Sixth--Five Thousand, Three Hundred Sixth--Three and 14 60/100 Dollars ($ 1.865,363.60), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for the payment of which sum well and truly be made,we bind ourselves, 16 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 17 presents: 18 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 19 12 day of June,2018,which Contract is hereby referred to and made a part hereof for all purposes 20 as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as 21 defined by law, in the prosecution of the Work as provided for in said Contract and designated as 22 HMAC(2018-4)HIR STREET REHABILITATION, 101333 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 Error!Not a valid link CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 0061 14-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 12th day of 3 June 20 18 4 PRINCIPAL: Cutler Repaving,Inc. ATTEST: BY: -(LL Signature Charles R.Veskema President nn al)Secretary U U Name and Title Address: 921 E.27`s. St. A 1 Lawrence,KS 66046-4917 J�11 A I t -A Wi ess as to,)Principal SURETY: Employers Mutual Casualty Company ATTEST: B �Ignature _ Patrice M. Larsen, Attorney-in-Fact (Surety) Secretary Name and Title Address: P. O. Box 712 Des Moines, IA 50306-0712 Witness asto Surety Telephone Number: 515-280-2511 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 Error!Not a valid link. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND Bond No. S448131 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Cutler Repaving,Inc.,known as "Principal"herein and 9 Employers Mutual Casualty 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 One Million, 13 Eight Hundred Sixty Five Thousand,Three Hundred Sixty Three and 60/100 Dollars($ 14 1,865,363.60),lawful money of the United States,to be paid in Fort Worth,Tarrant County, 15 Texas,for payment of which sum well and truly be made unto the City and its successors,we 16 bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, 17 firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 12 day of June, 2018,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 fro{n a duly 23 authorized Change Order(collectively herein,the "Work")as provided for in said contract and 24 designated as HMAC(2018-4)HIR STREET REHABILITATION, 101333;and 25 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 26 accordance with the plans,specifications and Contract Documents that the Work is and will 27 remain free from defects in materials or workmanship for and during the period of two(2)years 28 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 29 30 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 31 upon receiving notice from the City of the need thereof at any time within the Maintenance 32 Period. 33 CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work,it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 20 21 22 23 24 25 26 27 CITY OF FORT WORTH HMAC(2018-4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised July 1,2011 0061 19-3 MAINTENANCE 13OND 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 12th day of 3 June _,2018 4 5 PRINCIPAL: 6 Cutler R • •ing,Inc. 7 8 BY: 9 Signature 10 ST: 11 ti " � 12 � Charles R.Veskema President° 13 (Princip ) Secretary V U Name and Title 14 _ _✓� 15 Address:921 E.271.St. 16 � ( �� (~� Lawrence,KS 66046-4917 17 18 Witness as to Principal 19 SURETY: 20 Employers Mutual Casualty Company 21 22 23 24 Signature 25 26 Patrice M. Larsen, Attorney-in-Fact 27 ATTEST: Name and Title 28 29 Address: P. O. Box 712 30 (Surety)Secretary Des Moines, IA 50306-0712 31 / 32 � l UZ 33 Witness as to Surety Telephone Number: 515-280-2511 34 35 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 36 from the by-laws showing that this person has authority to sign such obligation. If 37 Surety's physical address is different from its mailing address,both must be provided. 38 The date of the bond shall not be prior to the date the Contract is awarded. 39 CITY OF FORT WORTH HMAC(2018.4)HIR STREET REHABILITATION STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 101333 Revised July 1,2011 THE FACE AND REVERSE DOCUMENT HAVE A COLORED FLAGON WHITE PAPER /EMC INSURANCE P.O.Box 712•Des Moines,IA 50306-0712 No. C31245 CERTIFICATE OF AUTHORITY INDIVIDUAL ATTORNEY-IN-FACT KNOW ALL MEN BY THESE PRESENTS,that: 1. Employers Mutual Casualty Company,an Iowa Corporation 5. Dakota Fire Insurance Company,a North Dakota Corporation 2. EMCASCO Insurance Company,an Iowa Corporation 6. EMC Property&Casualty Company,an Iowa Corporation 3. Union Insurance Company of Providence,an Iowa Corporation 7. Hamilton Mutual Insurance Company,an Iowa Corporation 4. Illinois EMCASCO Insurance Company,an Iowa Corporation hereinafter referred to severally as"Company"and collectively as"Companies',each does,by these presents,make,constitute and appoint ROBERT B.FISS,SCOTT H.FISS,DROSTE D.MILLEDGE,MELISSA L.ORY,PATRICE M.LARSEN its true and lawful attomey-in-fact,with full power and authority conferred to sign,seal,and execute its lawful bonds,undertakings,and other obligatory instruments of a similar nature as follows: ANY AND ALL BONDS and to bind each Company thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of each such Company,and all of the acts of said attorney pursuant to the authority hereby given are hereby ratified and confirmed. AUTHORITY FOR POWER OF ATTORNEY This Power-0f-Attorney is made and executed pursuant to and by the authority of the following resolution of the Boards of Directors of each of the Companies at a regularly scheduled meeting of each company duly called and held in 1999: RESOLVED:The President and Chief Executive Officer,any Vice President,the Treasurer and the Secretary of Employers Mutual Casualty Company shall have power and authority to(1)appoint attomeys-in-fact and authorize them to execute on behalf of each Company and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof;and(2)to remove any such attomey4n fact at any time and revoke the power and authority given to him or her.Attomeys-in-fact shall have power and authority,subject to the terms and limitations of the power-of-attorney issued to them, to execute and deliver on behalf of the Company, and to attach the seal of the Company thereto, bonds and undertakings, recognizances,contracts of indemnity and other writings obligatory in the nature thereof,and any such instrument executed by any such attorney-in-fact shall be fully and in all respects binding upon the Company. Certification as to the validity of any power-of-attorney authorized herein made by an officer of Employers Mutual Casualty Company shall be fully and in all respects binding upon this Company.The facsimile or mechanically reproduced signature of such officer,whether made heretofore or hereafter,wherever appearing upon a certified copy of any power-of-attomey of the Company,shall be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS THEREOF,the Companies have caused these presents to be signed for each by their officers as shown,and the Corporate seals to be hereto affixed this 23rd day of MARCH 2018 SealsPNSUq,� nn race G.Kelley airman Todd Strother �p; •, CO Pghy,, of Companies 2,3,4,5& ;President Vice President =`OPpOR,,�'�,.°•� �� =00pPOgq��Q!'•_ of Company 1;Vice Chairman and - CEO of Company 7 Z: SEAL ;; Z; 1863 1953 Pa Y �>.'• .�f2:� ;ip•,IOWA ;fpr .'• C`� *,IOWA*' 'a' *°^�# On this 23rd day of MARCH Ap 2018 before me a Notary Public in and for the State of Iowa, personally appeared Bruce G. Kelley and •'\Ns�R"^cF''• %1% &C, �71At o Todd Strother,who,being by me duly swom,did say that they are,and are known to me to be the P qs _ Chairman,President,Vice Chairman and CEO,and/or Vice President,respectively,of each of .Igy:OAP Oggr,O: F�OpPOg9l•C". :��Q:OpPOgSr•y'' w: SEAL <= :o SEAL � SEAL The Companies above;that the seals affixed to this instrument are the seals of said corporations; that said instrument was signed and sealed on behalf of each of the Companies by authority Town •�ORM'oaK°�P• oFrMOP' of their respective Boards of Directors;and that the said Bruce G.Kelley and Todd Strother,as such officers,acknowledged the execution of said instrument to be the voluntary act and deed Mk3TUq�/ of each of the Companies. UTUq 2G9 My Commission Expires October 10,2019. t ® � .� ' cA Oommission E*lres ctober 10,2019 Notary P 6c in and for the State of I �'OiroEs,�o�P CERTIFICATE I,James D.Clough,Vice President of the Companies,do hereby certify that the foregoing resolution of the Boards of Directors by each of the Companies, and this Power of Attorney issued pursuant thereto on MARCH 23,2018 on behalf of: ROBERT B.FISS,SCOTT H.FISS,DROSTE D.MILLEDGE,MELISSA L.DRY,PATRICE M.LARSEN are true and correct and are still in full force and effect. In Testimony Whereof I have subscribe �}y name and affixed the facsimile;sea gf n each Company this f f T day of eJ�ILQU't�, r O� Vice President L — V ,Mgwrarg . =h7MMUTE1171 IZU I •. -� CUTLE-2 OP ID: SJ ACORODATE(MM/DD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 06/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: Sand Jones _ Johnston Fiss Insurance PHONE 913-396-0812 FvAx No: 913-396-0835 5225 West 75th Street,#200 A/c No Ext Shawnee Mission,KS 66208 E-MAIL Ron Johnson ADDRESS:sandyjones@johnstonfiss.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:Wausau Underwriters 26042 INSURED Cutler Repaving, Inc. INSURER B:Liberty Insurance Corporation 42404 Attn: Bob Veskerna INSURER C;Wausau Business Ins Co 26069 921 E.27th Street Lawrence, KS 66046-4917 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADL UB — POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DD/YYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 DAMAGE TO RENTW_ C X COMMERCIAL GENERAL LIABILITY X X TB7291-457-438-067 08/01/2017 08/01/2018 PREMISES Ea occurrence $ 300,00 CLAIMS-MADE Fx� OCCUR MED EXP(Any one person) $ 10,00 X BlktAdd'Ilnsd PERSONAL&ADV INJURY $ 1,000,00 X BlktWaiver/Subro GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,00 POLICY X JECT 71 PRO- LOC Emp Ben. $ 1,000,00 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000 OO Ea accident $ A X ANY AUTO AS6-Z91-457-438-027 08/01/2017 08/01/2018 BODILY INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS PER ACCIDENT _ $ X I UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,00 EXCESS LIAB CLAIMS-MADE AS6-Z91-457-438-027, 08/01/2017 08/01/2018 AGGREGATE $ 5,000,00 DED I X 1 RETENTION$ 10,000 $ _ WORKERS COMPENSATION X T uRY L M17 O R AND EMPLOYERS'LIABILITY B I ANY PROPRIETOR/PARTNER/EXECUTIVE YIN X WC2-Z91-457438-017 08/01/2017 08/01/2018 E.L.EACH ACCIDENT $ 1,000,00 OFFICER/MEMBER EXCLUDED? NI N/A -- (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,00 J=� I DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach 101,Additional Remarks Schedule,if more space is required) City Project # 101333, HMAC 2018-4 HIR Street Rehabilitation; The City of Fort Worth Texas is additional insured including completed operations as respects the General Liability as required by Contract. Waiver of subrogation granted to the additional insured where permitted by law. CERTIFICATE HOLDER CANCELLATION CITYF-4 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth,Texas ACCORDANCE WITH THE POLICY PROVISIONS. Contract Administrator AUTHORIZED REPRESENTATIVE Transportation&Public Works 200 Texas street Fort Worth TX 76102 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD CT1pyE S T. r'(1rTT17TTl1rTC OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebRoy2,2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................l 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................11 Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5—Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment,and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary2,2016 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 Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination......................................................................................... .....................................36 Article 8-City's Responsibilities................................................................................................... 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:Febnay2,2016 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:Febmazy2,2016 Article17—Mscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings..................... ................................................................................................................. 63 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnuffyZ 2016 007200-1 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:Febnmry2,2016 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:Febmazy2,2016 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:Febnuffy2,2016 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, agen ies, authorities,_ and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrancesupon 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 D cuments 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 Fenheit 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:Febn ary2,2016 007200-1 GENERAL CONDITIONS Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52.Project—The Work to be performed under the Contract Documents. 53. Project Manager—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fein=yZ 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 I 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 Contra t 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 C' . 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 nece ary to produce such construction including any Change Order or Field Order, and furnis ' g, 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 in luding Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, ir. which weather or other conditions not under the control of the Contractor will permit the I erformance of the principal unit of work underway for a continuous period of not less than 7 ours between 7 am. 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:FebmV 2,2016 007200-1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty, or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnay2,2016 007200-1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract D currents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resouces to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptabl schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a ctionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specifigd" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a art depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febrmy2,2016 007200-1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications,Codes,Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work. Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work. If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification,manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contact Documents has been issued by one of the methods indicated in Paragraph 3.04. II 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification,manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a hange Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in. Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.18.C);or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions;or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnffiy2,2016 00 72 00-1 GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions,the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving parry. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. I. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed,adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmmy2,2016 007200-1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and acce s thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditio relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data' is identified in the Supplementary Conditions. Contractor may not make any Contract Claim a ainst City, or any of their officers, directors,members,partners, employees, agents,consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, technicjues, sequences, and procedures of construction to be employed by Contractor, and safety(precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data,interpretations,opinions,or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical dat " on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurat ; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febrwy2,2016