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Home My WebLink AboutContract 62389FORT WORTH® CONTRACT FOR THE CONSTRUCTION OF 2025 HOT IN PLACE RECYCLING CONTRACT 1 Mattie Parker Mayor City Project No. 105647 Lauren Prieur David Cooke City Manager Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2024 - CSC No. 62389 �� Cit of FortWorth Y Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Page 1 of 6 Last Revised 00 OS 10 Ma or and Council Communication 07/O1/2011 00 OS 15 Addenda 07/O1/2011 00 11 13 Invitation to Bidders 02/08/2024 00 21 13 Instructions to Bidders O1/17/2024 00 35 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Pro osal Form Unit Price O1/20/2012 00 43 13 Bid Bond 09/11/2017 00 43 37 Vendor Com liance to State Law Nonresident Bidder 06/27/2011 00 45 11 Bidders Pre ualifications 08/13/2011 00 45 12 Pre ualification Statement 09/30/2021 nn nc i� nQii�i�mi �� -�..z 00 45 26 Contractor Com liance with Workers' Com ensation Law 07/O1/2011 00 45 40 Business E ui Goal 06/07/2024 00 52 43 A eement 03/08/2024 00 61 13 Performance Bond 12/08/2023 00 61 14 Pa ent Bond 12/08/2023 00 61 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/O1/2011 00 72 00 General Conditions 03/08/2024 00 73 00 Su lementa Conditions 03/08/2024 Division Ol - General Re uirements Last Revised O1 11 00 Summa of Work 12/20/2012 O1 25 00 Substitution Procedures 07/O1/2011 O1 31 19 Preconstruction Meetin 08/17/2012 O1 31 20 Pro'ect Meetin s 07/O1/2011 O1 32 16 Construction Schedule 10/06/2023 O1 32 33 Preconstruction Video 07/O1/2011 O1 33 00 Submittals 12/20/2012 O1 35 13 S ecial Pro'ect Procedures 03/11/2022 O1 45 23 Testin and Ins ection Services 03/09/2020 O1 50 00 Tem ora Facilities and Controls 07/O1/2011 O1 55 26 Street Use Permit and Modifications to Traffic Control 03/22/2021 O1 57 13 Storm Water Pollution Prevention Plan 07/O1/2011 O1 58 13 Tem ora Pro'ect Si a e 07/O1/2011 O1 60 00 Product Re uirements 03/09/2020 O1 66 00 Product Stora e and Handlin Re uirements 07/O1/2011 O1 70 00 Mobilization and Remobilization 11/22/2016 O1 71 23 Construction Stakin and Surve 02/14/2018 O1 74 23 Cleanin 07/O1/2011 O1 77 19 Closeout Re uirements 03/22/2021 O1 78 23 O eration and Maintenance Data 12/20/2012 O1 78 39 Pro'ect Record Documents 07/O1/2011 CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised June 7, 2024 Addendum No. 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifcations which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Date Division 32 - Exterior Im rovements Modified 32 11 23 Flexible Base Courses 12/20/2012 32 13 20 Concrete Sidewalks, Drivewa s and Barrier Free Ram s 12/09/2022 32 91 19 To soil Placement and Finishin of Parkwa s 03/11/2022 Division 33 - Utilities 33 OS 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade Division 34 - Transportation 34 71 13 Traffic Control 03/22/2021 Division 99 — Additional S ecification 99 99 00 Additional S ecification 08/20/2024 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: http://fortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.gov/Proi ectResources/ Division 02 - Existin Conditions 02 41 13 Selective Site Demolition m ni in �� 02 41 15 Pavin Removal Division 03 - Concrete Division 26 - Electrical Division 31 - Earthwork Last Revised 03/11/2022 i � i�� 02/02/2016 31 00 00 Site Clearin 03/22/2021 31 23 16 Unclassified Excavation O1/28/2013 �i�� nii�� Z ��r �-vv ��S n ��7or�o�o i� 31 25 00 Erosion and Sediment Control 04/29/2021 2 i�no � i � i�� CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised June 7, 2024 Addendum No. 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 �� :...,' Division 32 - Exterior Improvements 2� ni i� i�i�ni�ni� �-a-v-rTr r�zvrtozz 2'�� 1 '7 /7rs�-sv�iiaiz 32 O1 29 Concrete Pavin Re air 12/20/2012 �� i i �� io..;�.io �.,�o r,,,,,-�o� i�i�ni�ni� �� i i �� r;,..o rr,.o.,�oa �.,�o r,,,,,-�o� i �i�ni�ni � �� ro,..or� rr,.o.,�oa �.,�o r,,,,,.�o� n�n�i 2�� n4 i�� 32 12 16 As halt Pavin 6/07/2024 32 12 73 As halt Pavin Crack Sealants 12/20/2012 2�� n�no n�z 2 �� i � in�i � 2� iZ 72 i�i�ni�ni� �� z �� in i� i�i�ni�ni� �o �� 32 16 13 Concrete Curb and Gutters and Valle Gutters 12/09/2022 32 17 23 Pavement Markin s 06/10/2022 32 17 25 Curb Address Paintin 11/04/2013 2� Z i i 2 rt,,,;� �o�,.o� .,,,a r.,�o� i � i�ni�n i � �� z �� i �� x�;,.o �o,.,.o� .,,.a r.,�o� i�i�ni�ni� �o �� x�,.,.a �o,.,.o� .,�a r.,�o� i�i��i� 2� �� i 2 n�inci�ni 4 �� a 2� oi i o n�ii i i�m� �-z--rr-r� �z 32 92 13 Soddin OS/13/2021 Z��T nciio ��T �� o� i c i nin�i�m� �� 2� n2 �2 i�i�ni�ni� �� rsravraoiz Division 33 - Utilities CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised June 7, 2024 Addendum No. 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 � � � � � • . �� !� � � � � � �. . � � � � . � . �� • � � .. . . . �• �� - -' - -' -- ' . � � � „�o _ � i: i � � � � � � . � - ��_ _ � � iiiii= � � - � � _ � � � � �. � • � � � � _ � � . . �. � � � � � � � � � � � _� � �. � � � � �� '�Z � �� - � � � �_ �. _ � � � �i � • -_�. � � ��'� � �. � � �• �� '�"��. �� _ � � � � . . � � ..� �- � � � � �� • � � � � • � � _ � � • � � � • i � � � • _� �� . � � � � i ' �" ` �' - � � - � ' ' � � � - � . ��"��..�:.�..' � �'' ' � � . . � . � � � _ � - '��"'��..�::� - ��.��..' � �. � � �_ � � ��•'�/ii'/�. � � �� _ � � � � i _ � ._.. � . � � � i _ � . � � � � i • � . � . � . _ � � � • � . ■ . � � � • � � ■ � � � Division 34 - Trans ortation � ��-^�o �n ni in ni n� � n r„� ii r � �v'r n�� ri��c�-��rr�n�i' ncc 2 ^ ^�-�z i�vi 2 ^ ^�-�z i�vn-�✓ r�r�cuEmizcir C `urcv"nc icu CTI'Y OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 7, 2024 . . 0 � � � � 2025 HOT IN PLACE RECYCLING CONTRACT 1 City Project No. 105647 Addendum No. 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 Appendix GC-4.02 GC-6.06.D GC-6.07 GN-1.0 SD-1.0 PQ-1.0 PQ-2.0 Subsurface and Physical Conditions Minority and Women Owned Business Enterprise Compliance Wage Rates General Notes Standard Construction Details Project Maps and Quantities Pavement Marking Plans END OF SECTION CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised June 7, 2024 Addendum No. 1 000sio-i MAYOR AND COUNCIL COMM[JNICATION (M&C) Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 00 OS 10 MAYOR AND COUNCIL COMMUNICATION (M&C) [Assembler: For Contract Document execution, remove this page and replace with the approved M&C for the award of the project. M&C insert shall be on blue paper.J END OF SECTION C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2025 HOT IN PLACE RECYCLING CONTRACT 1 City Project No. 105647 11/14/24, 3:19 PM CITY COUNCIL AGENDA Create New From This M&C DATE: CODE: SUBJECT: 11/12/2024 REFERENCE **M&C 24- LOG NAME: 202025 HOT IN-PLACE NO.: 0985 RECYCLING CONTRACT 1 C TYPE: CONSENT PUBLIC NO HEARING: (CD 6 and CD 9) Authorize Execution of a Contract with Cutler Repaving, Inc., in the Amount of $3,138,046.22 for the 2025 Hot-In-Place Recycling Contract 1 Project at Various Locations �ORT�r'�'URTII _��_ RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Cutler Repaving, Inc., in the amount of $3,138,046.22 for the 2025 Hot-In-Place Recycling Contract 1 project at various locations (City Project No. 105647). DISCUSSION: The Fiscal Year 2025 Pay-Go Contract Street Maintenance Program groups various types of street maintenance into specific contract packages. The 2025 Hot-In Place Recycling Contract 1 project provides street rehabilitation on approximately 12.8 lane miles for the street sections listed below: Street From South Drive West (W) Rock Quarry Road Rock Quarry Road South Drive W Oakmont Blvd East Bound Harris Parkway/pavement (EB) change Oakmont Blvd West Harris Parkway/pavement Bound (WB) change Oakmont Blvd EB Oakmont Blvd WB Chisholm Trail NB Exit Oakmont Ramp Chisholm Trail NB Exit Oakmont Ramp To Westhaven Drive Overton Ridge Boulevard Chisholm Trail South Bound (SB) Enter Oakmont Ramp Chisholm Trail SB Enter Oakmont Ramp S Hulen Street S Hulen Street Seminary Drive W Waits Avenue McCart Avenue McCart Avenue Yates Street W Seminary Drive This project was advertised for bid on September 5, 2024, and September 12, 2024, in the Fort Worth Star- Telegram. On October 3, 2024, the following bids were received: Bidder Base Bid Amount Alternate Bid Amount Time of Completion Cutler Repaving, Inc. $3,193,572.80 $3,138,046.22'�'� 210 Calendar Days **In an attempt to secure alternate bids, staff advertised the project with a Base Bid to resurface asphalt streets included in this contract with virgin PG70-22 dense graded Type-D mix and an Alternate Bid to resurface asphalt streets with PG70-22 Superpave SP-D mix. Staff recommends award of the contract for Alternate A(PG70-22 Superpave SP-D Option). /n addition to the contract amount, $405,051.78 is required for project management, material testing, and inspection, and $156,902.00 is provided for project contingencies. Funding is budgeted in the General Capital Projects Fund for the Transportation and Public Works Department for the purpose of funding the 2025 Hot-in- Place Recycling Contract 1 project. Construction for this project is expected to start in January 2025 and be completed by August 2025. Upon project completion, there will be no anticipated impact on the General Fund operating budget. M&C Review apps.cfwnet.org/council_packeUmc_review.asp?I D=32691 &councildate=11 /12/2024 1 /2 11/14/24, 3:19 PM M&C Review M/WBE OFFICE — The Business Equity Division placed a 13.91\% business equity goal on this solicitation/contract. Cutler Repaving, Inc., will be exceeding the goal at 19.07\%, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. This project is located in COUNCIL DISTRICTS 6 and 9. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the 2025 Hot In-Place Recycling 1 project to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (ChartField 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (ChartField 2) Submitted for City Manager's Office by_ Jesica McEachern (5804) Originating Department Head: Additional Information Contact: Lauren Prieur (6035) Monty Hall (8662) ATTACHMENTS 105647 Compliance Memo.pdf (CFW Internal) 105647 Form 1295.pdf (CFW Internal) 105647-PBS.pdf (CFW Internal) 202025 HOT IN-PLACE RECYCLING CONTRACT 1.docx CPN 105647-SAM REPORT.pdf (CFW Internal) CPN105647 FID Table.XLSX (CFW Internal) CPN105647 M&C Map 2025HotInPlaceRecyclingCo1.pdf (CFW Internal) (Public) apps.cfwnet.org/council_packeUmc_review.asp?I D=32691 &councildate=11 /12/2024 2/2 aaas is-� A�D��n�� Page 1 of � 1 2 3 4 S b 7 8 9 10 1l 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3l 32 33 .i4 35 36 37 38 39 4U 4i 42 43 44 CITY OF FORT WORTH TransportatEon a�td Public ��'orks Department ZQ25 HOT 1N PLACE RECYCLING CONTRACT 1 CITY PROJECT NO. 1O5G47 ADDENDUNi NO. 1 Adcle�clum No. 1:lssued Tuesday, September 23, 2024 Bid Open Date: Thu�sda,y, O�taher 3, 2024 Tius Addendum for�ns part of tbe Pians, Contraet Documents, and specifications for the above- referenced Project and modifies the origina] 5pecifications and Cantract Documents. Bidder sha3! acknowledge receipt of this atic�endum in the space pro�ided below, and an the propasal {SECTION 00 41 {}0). Faiiure fo acicno��tedge receipt of this addendum could subject the bidder to disqualificatio�z. The plans and sp�cification docu�nents �or 20?5 Hot In Place Recycling Contract 1, City Project No. 105C,47, are heret�y revised by Adcfe�idurn No. 1 as follows: SPECiFICATTQi�1S & CONTRACT DOC[.TMENTS: a. SECTION 00 00 00 — Replace the TABLE OF CONTENT5 in its entirety with the attached revised TABL� OF CONTENTS b. SECTION GC-4,02 — A�ci the attached SECTION GC�.02 SUBSEJRI=AC� AND PHYSICAI. CONDTTIONS c. SECTION PQ-2.0 — Replace the PAVEMENT �UTARKING PLANS in its entirety with the attached PAVEMENT Ml�RKWG PLANS The fallowing question l�as beeu received and the City of Forf Wortli's response is below. Questian l: When is tlle eonstrj.�ction expected to start? Re.spor�se l: 1�'"ark o�r tlre project is e_Cpected to begin irr Jarruari� 2025. T17e seleccec{ verzdor mi�st lrave cre►vs availa6le a�rd�reparecf to ijzitiate ia�ork �rporr receipt of'the .�Vo�iee to Pr°oceed. T'his Addendum No. 1 forms part of the Plans, Specifications, and Contract Daciunents for the al�o�e-referenced project and inodifies the arigina! Praject Manual and Contract Doc�izzients of t�e same. Acknowledge your receipt aF Addendum No. 1 by compteting the requested infoc-mation in the space grovided iE� Sectio�z 00 �1 00, Bict Form, Page 3 of 3 A sig�led copy of Addendum No. 1 sl�ou�d foe iilcluded in the submitted sealed bid at the ti�ne of bid subi3utEa1. I�aiia�re to acknowledge the eeceipt of AcEdendum No. 1 could cause the subject bidder ta be coi�sidered "�ONRESFONSNE," resulting in disqualification. CITY OF FORT WORTH STAN�ARD CONSTAC1C�i'iON SPECEF1CAi�OTv DUCUMEt�€'CS Revised Ju1y i, 2011 2025 HOT N PLACE RECYL'LI�1G CON'1"RACT ] City Project No. 105b�7 Addendum No. 1 00 OS 15 -'_ ADDE7�TDA Page 2 o I' 2 1 Addendum No. 1 2 3 RECEIPT ACKNOWLEDGEMENT: 4 5 �� 6 By: 7 Company: Cutler Repaving, Ino. S Address: g2� E 27th St 9 City: State: l..awrence, KS 66046-49� 7 10 Laure�� Prieur, P.E. Qirector, Transpor#ation & Public Works By_ z2(a[��'I �-,��a Zelalem Arega, P.E. Enginecring Manager END OT SECTION CITY OF FORT WORTH STAN[7ARp CONSTRUCT[C)N SPL-C�PICATIUN DOCUMEN"f'S Reviszd July l, 24! 1 2025 HOT IN PLACE RECYCLL�IG COT�°TR_ACT l City P�'v,jcc! \�o. 1D56�7 Adde�tdum No. l 00 11 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of 2025 HOT IN PLACE RECYCLING CONTRACT 1 City Project No. 105647 ("Project") will be received by the City of Fort Worth via the Procurement Portal https://fortworthtexas.bonfrehub.com/portaU?tab=openOpportunities, under the respective Project unti12:00 P.M. CST, Thursday, October 3, 2024. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST at Fort Worth City Hall, 100 Fort Worth Trail, Fort Worth, Texas, 7 Floor Mezzanine, Room CH_MZ10_12. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: https://fortworthtexas.bonfirehub.com/portal/?tab=openO�ortunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non-responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT For technical questions, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en- us CiTY OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105647 Revised 2/08/24 00 11 13 INVITATION TO BIDDERS Page 2 of 3 Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. To get started with Bonfire, watch this five-minute training video: Vendor Registration and Submission [VIDEO] — Bonfire Vendor Support (gobonfire.com) GENERAL DESCRIPTION OF WORK The maj or work will consist of the (approximate) following: 102,827 SY 102,827 SY 102,827 SY 850 CY 1,905 LF 4,692 SF 4,140 SF 25 EA 53,422 LF 1" Asphalt Pavement Type D 1" Hot In Place Recycling 1" Surface Milling Asphalt Pavement Base Repair Remove and Replace Concrete Curb & Gutter Remove and Replace Concrete Driveway Remove and Replace Concrete Sidewalk Remove and Replace ADA Curb Ramp Pavement Marking PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre-qualified by the City at the time of bid opening. The procedures for qualification and pre-qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal htCps://fortworthtexas.bonfirehub.com/portal/?tab=openO�portunities, under the respective Project. Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties should indicate their intent to bid in the Procurement Portal by selecting "yes" under the Intent to Bid section. All Addenda will be posted in the Procurement Portal htCps://fortworthtexas.bonfirehub.com/portal/?tab=openO�portunities, under the respective Proj ect. PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: Tuesday, September 17, 2024 TIME: 2:00 P.M. Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. CiTY OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105647 Revised 2/08/24 00 11 13 INVITATION TO BIDDERS Page 3 of 3 If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement PortaL If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. ADVERTISEMENT DATES September 5, 2024 September 12, 2024 END OF SECTION CiTY OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105647 Revised 2/08/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 1 of 9 SECTION 00 21 13 1NSTRUCTIONS TO BIDDERS 1. Defined Terms 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for perfornung the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making electronic Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre-qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: https://a�ps.fortworthtexas. og v/ProjectResources/ CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105647 Revised/[Tpdated U17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.1.1. Paving — Requirements document located at: https://a�s.fortworthtexas. o� v/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving %20Contractor%20Prequalification%20Program/PREQUALIFICATION%20REQ UIIZEMENTS%20FOR%20PAVING%2000NTRACTORS.t�df 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: htCps://a�ps.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Roadwa y%20and%20Pedestrian%20Lightin�%20Prequalification%20Prog,ram/STREET% 20LIGHT%20PREQUAL%20REQMNTS.pdf 3.1.3. Water and Sanitary Sewer — Requirements document located at: htCps://apps.fortworthtexas. o� v/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/Water%20and%2 OSanitary%20Sewer%20Contractor%20Prequalification%20Propram/W SS%20pre qual%20requirements.pdf 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre-qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 3.5. OMITTED 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105647 Revised/[Tpdated U17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. OMITTED 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima-facie evidence that the Bidder has made the investigations, examinations and tests herein required. CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105647 Revised/[Tpdated U17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be pernutted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.1.10. Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification o£ 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 43. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for perfornung and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105647 Revised/[Tpdated U17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in perfornung the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or pernuts are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the proj ect. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or pernuts, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City electrically through the Vendor Discussions section under the respective Project via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities on or before 2 p.m., the Monday, ten days prior to the Bid opening. Questions received after this day may not be responded ta Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 63 6.4. Addenda or clarifications shall be posted under the respective Project via the Procurement Portal htCps://fortworthtexas.bonfirehub.com/portal/?tab=openO�poriunities A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105647 Revised/[Tpdated U17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or-Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or-equal" items. Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.OSA., 6.OSB. and 6.OSC. of the General Conditions and is supplemented in Section O1 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non-responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https://codelibrary.amle�al.com/codes/ftworth/latest/ftworth t�0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents. CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105647 Revised/[Tpdated U17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.2. All blanks on the Bid Form must be completed and the Bid Form signed electronically or signed in ink and scan. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. 12.7. 12.8. 12.9. Bids by individuals shall show the Bidder's name and official address. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. All names shall be typed or printed in ink below the signature. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted electronically in the Procurement Portal on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities. CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105647 Revised/[Tpdated U17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconfornung, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 173. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105647 Revised/[Tpdated U17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at https://www.ethics.state.tx.us/data/forms/1295/1295.pdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Proj ect Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105647 Revised/[Tpdated U17/24 00 3s � s CONFLICT OF iNTEREST STATEMENT Page 9 af 1 5ECTION QO 35 13 CONFLICT OF INTEREST STATEMENT EacE� bidder, offeror or respondent ta a City of Fart Worth proc�rement is required to complete a Conflict of Interest Questionnaire or certify thai one is current and an file with khe City Secretary's Office pursuant to state law. If a member of the Fort Worth City Councii, any one or more of the City Manager or Assistant Cify Managers, or an agent of the City who exercise discre#ion in the planning, recornmendir�g, selecting or contracting with a bidder, afFeror or respondent is affiliated wikh yaur company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to cor�sult with cour�sef regarding the applicability af these farms and �ocal Go�ernment Code Chapter 17fi to your company. The referenced forms may be downloaded from th� links pro�ided below. Fnrm CIQ (Confliet of IntPresf Questionnaire) Ls,f.ate.tx.�sl htt�s:Jlwww.ethics.state.tx.usldata/forms/conflictlCfB.pdf ❑ 0 0 � ❑ ❑ BIDD�R: CIQ Forrr� does not apply CIQ Form is on file with City Secrekary ClQ Form is being providad to the City 5ecretary CIS Form does not ap�ly CiS Forrn is on File with City Secretary CIS Form is being pravided to the City Secretary Cutler Repaving, Inc. By: Charl s R. Veskerna Signature: Title: EN� OF SECTION cmr o� Foirr wo�rr� STAhiDAR[} CQNSTRUC'TION SPI�CIr[CATION nOCUNEENTS Revised rebruary 24, 2020 Preside�t � 2025 HOT IN PLAC`E I2L:CYCLIIVG CONTRAf"f 1 City Praject No 105647 ( I) 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: FOR: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 2025 HOT IN PLACE RECYCLING CONTRACT 1 City Project No.: 105647 Units/Sections: Paving 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. CITI' OF FORT WO[iTl l STANDARD CONSTRUC"I70N SPECIFICAT'ION DOCUMENTS 2025 HOT IN PLACL RECYCLING CON'1'RACT I Revised 9/30/2021 Fort Worth 2024 Proposal workbook 00 41 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be perFormed only by prequalified contractors and subcontractors: a. Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) b. - c. - d. - e. - f. - g. - h. - 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 210 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. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. 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 CITY OF PORT WORTH STANDARD CONSTRUCl'ION SPECIFICATION UOCUMCN'I S 2025 HOT IN PLACE RECYCLWG CON"I RACT I Reviszd 9/30/2021 Fort Worth 2024 Proposal workbook 0o ai o0 BID FORM Page 3 of 3 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. 62. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total 1: Base Bid Total 2: Base Bid with Alternate A(SuperPave) Units Total Bid 7. Bid Submittal This Bid is submitted on October 3, 2024 Respecffully s�j�mitted, � sy: / �� _(� (Signature) Charles R. Veskerna (Printed Name) Title: President Company: Cutler Repaving, Inc. Address: 921 East 27th St. Lawrence, KS 66046 State of Incorporation: Delaware Email: bveskerna@cutlerrepaving.com Phone: 785-843-1524 END OF SECTION $3,193,572.80 $3,138,046.22 � $3,193, 572.80 by the entity named below. Corporate Seal �, _, .._ . `� � ir`Q P� J �. �: 's .V � � lY Y, � '. n O ,� 4 �;� �, n- LL.I o � ;tx C V) �".,_: Lj R p� • ;: . .�� J . ' �,. j,; ,.. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCU!v1ENTS 2025 HOT IN PLACE RECYCLING CONTRACT I Revised 9/30/2021 For[ Worth 2024 Proposal workbook III� J� J: 1311) I'lil)I'l��l. I'aF.� I �d'_ SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Ilem Information Biddcr's Proposul liiut I- Pm ing lmprarcnunts Bidhst pescription Specificalion SecGon Unit of B�d Uni[ Price Bid Value Itcin No No Measure Quantitv 1 0170 0101 S�ecified RemoUilization 01 70 00 FA I $ I 000 00 $ I 000.00 2 0241 I 300 Remove Conc Curb&Gutter 02 4 I I� I.F I.90� �? 2� $4,248 I S :, �21GA102 7" Conc Curb and Gutter 32 I G I; L� 1.905 $925� $176,307 7� d 0241 0401 Remove Concrete Drive 02 41 13 SF A G92 $2 23 510,46; 16 � 3213 0=101 G' Concrele Drivewav �2 I? 20 S� 4,692 S17 84 $S3_705 28 G �241 0100 Remove Sidew�+ll: 0? 41 13 SP 4,140 52 23 $9??3?0 7 ;213 0301 4" Conc Sidewall: 32 13 20 SI� 334 S I�_l8 S-F. �?�.12 S i213 031 I 4" Conc Sideualk. Adiacent to Curb 32 I+ 20 SF 3.81 G � I? 38 $� I A53.OS 9 02d1 1400 RemoveConcVallevGu�ter 024I I� SY 216 $?0_07 �4,33�J2 10 ;21G_O i01 7" Conc Vallev Gultei. Residenlial 33 1 G 13 SY 21 G $180.63 $39,016.08 1 I �21 ; 032? Conc Curb at E3acl: of Sidewalk ?2 I; 20 LF 100 S3 � 45 �3,i45 00 12 33 �2 0100 Conc Ret Wall Adiacent to Side�valk 32 32 13 SF 100 $2230 S2?30 00 13 0241 0300 Remove ADA Ramu 02 4 I 11 L;� 25 $22; 00 5�.�75 00 14 321 � O�U I Qarrier Free Ramp, Tvpe R-1 �2 I+ 20 �?, 16 S�,LIi?Sfl 53{1.280 00 1� ;213 0503 Barrier Frce Ramn. �'vPe M-I ?2 13 20 i_:\ I S3,?,1i.f}�j $;,;.�; (lp I C ?213 0504 L3arrier Free Ramp. T�q�e M-2 32 I; 20 L-.A I S�. �•�?_(}!1 S�_��15.fi{s l7 ;313 OSOG Barrier Free Ramp. f�me P-I 32 13 20 =:\ 6 $5�17 ?0 GiQIGi 0a I� ;213 0�07 Barrier Free Ramp. Tvpe P-2 32 13 20 r.� 1 �5.01? )b S+.U175{} 19 3212 0600 HMAC Paveinenl Level Up ;2 12 I�i I�V� 70 $160 00 �I 1,200 00 20 3212 0401 HMAC Transilion 32 I 3 I G TN 70 � 190 00 � 13,300 00 � I 9999 0000 Asphalt P�vement Base Repair �2 I I 2� CY 850 �390 00 $3 i I,�UU 00 22 0241 1000 Remove Conc Pvmt 02 41 I� SY 200 5'_'[i �l7 54.014 00 23 �� I i 0102 7" Cnnc Pvint �2 13 13 SY 2U0 $ I 30 63 S3G.126 04 24 9999 p000 Fle�ible E3ase. "fvpe A. GR-? �2 I I 23 CY 50 $7S OS 5+902 50 >> 0241 1505 I" Surf'ace Millina 02 41 15 SY 102.827 52 70 5�7? G3? 9D �6 9999 100� I" HMAC liot-In-Place Recvcline 99 99 99 SY 102.827 �4 2Q $431,873 40 27 9999 1015 Reiuvenatinc Oil u 10°./0 99 99 99 GA 102S3 $4 50 �46,273 �0 23-B 3212_0,01 I"Asphalt Pvmt T�q�e D(Virein PG 70-22 DG-D) 32 12 IG SY 102.327 $S 9S 5923.38646 29 3123 U I U2 Uuclassified Escavation bv Survev 32 23 16 CY I�0 $ I 20.00 $18,000 00 l0 329�.0100 Block Sod Pl�cement �2 92 I; SY I.000 532. �0 52'_30i) 11U 31 ,� 175001 Curb Address Paintfnc 32 17 2� 6A i2 $1 I I.�0 53.563 00 �� 3291 0100 Topsoil 32 91 19 CY ISO S'S 0� SI1.707 i0 3� ; I I 0_0102 6"-12" Trcc Removal 31 10 00 EA 4 $2.f}O[1 �0 SS,000 00 1d 31 I U_010� 24" and Lamer "free Rcmoval 31 10 00 EA 1 �4.SD0 �0 S-1,�[�� 10 3� 9999 1000 Irrieation Adjusunen� & Landscaue Reu�� Allowance 99 99 00 LS 1 $3� itiU(� OU �35.000 00 3G 3305 01 I I Water Valve E3ox Adiustmenl ( With Steel Riserl 33 OS 14/.;3 Oi 17 1=.A ? 5250 00 $500 00 ;7 330� 0112 Water Valve Box Adiustment (With Concrete Riseil i3 OS Id/3; OS 17 FA 12 S5+[�.3� $10.03� 00 33 3312.�00� l-Inch Standard Ylastic Meter Bos 3, 12 10 CA 4 $273 75 $I,I I5 00 39 931 �.200+ 1-Inch Standard Concre�e Merei 130� �3 12 10 EA 4 $27SJ5 $I.I I5 00 40 330� 0112 Mauhole Adl��slmenl (Wilh Concrete Collarl 3 i 0� 14 fA 26 �I,I I�.OU $35994 UI7 41 3349 500� Remove and Replace Inlet Top. S +? 49 20 fA I 5?.�?? K}0 S5575A0 42 3349_5006 Remove and Replace Inlet To �. 10' 33 49 20 ��\ ? 5? 5[1� r}0 5 i�,r�� u.on 4; 334G 0101 G' Peiforated Subdr�in Pipe 33 4G 00 LF 100 57�.7� Si,S�� pll 44 3441 1�01 Loop Detector Cable Sa��cut ;4 41 10 1_F 600 SG2.00 5?'?t�0.60 45 3441 1302 14 AWG Loou Detect Cable �4 d I I 0 LF G00 $10 00 $G,000_00 46 0�41 160p 13urr Milline 0? 41 IS L� 4�0 $3 70 $1,215 00 47 3217 4;01 Remove 4" Pvmt Markin� �2 17 23 L,F 100 $OA5 $5 UO �l8 3217 4302 Remove 6" Pvmt Marl:ini 32 17 23 LP 100 $0 0� S?-GU 49 ;217 4;0; Remove 8" Pvm[ Markine ;2 U 23 LF 100 S0 0� S+ IiD 50 : 217.4 �04 Remove 12" PNnt Markine 32 I7 23 l.F 100 SU.O? $i OU 51 3217 430G Remove 24" Pwnt Markine 32 17 23 LF 300 50 0� $15 00 �2 3217_0101 6" SLD Pvmt Markin�� HAS (W) 32 17 �3 LF 14_124 51.11 5 E ti.b'7.(i�i 57 3217 0102 G' SLD Pvmt Markin� FIAS (Y) 33 17 23 LF 27A94 5 L I I $30A74 34 �4 3� 17.OIOi G" BRK Pvm� Msrkine HAS (W1 �2 17 2? LF 6.527 51 39 $9 072 �� 5 3217 0107 G" [3RK Pvint Markintt HAS (Yl 32 17 23 LF 721 S I 39 $ I.002 19 SG i21 Z0201 S" SL.D Pvmt Mn�kin!� HAS (Wl 32 17 2 i LF 35G4 i I G7 �5 9� I 88 �7 3217 0301 12" SLD Pvmt iVla�kine HAE f Wl �2 17 ?3 LF 100 $�5� $5» 00 i8 ;2U 0401 IS" SLD Pvmt Ma�kine HAL (Wl �� U 2� LF 100 $6.GG SGG( 00 59 3217 0501 2d" SLD Pvmt Marl<ine IiA6 (Wl 32 17 2; LF 1.;93 S8.1G SI I_:i8]2 60 9999 000 Le�eud Yield Svmbol (3G z 24. Yield Svmbol) 32 17 �; F,A 12 59435 $1.132 20 CIIYtII I��1K1 Wllklll �IiWI)i\I<I)C'tlNtil lillC'I11)N 11'I 1'II�II'AI II1N I)ltl'II�II�:NIti �l�'_i II�tI IN I'I i1CI lil t'YC'I IN(i t't�NIItAI I I R��ucJ �Il.ifl/�1�' I I'vn1 \V�rtlh �1�1a I'rn�„nxl ��nkhn�ip ��„a� a; �,�� «��„��. ��F, _ �,� � SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Prol�'�t Ite�n Infonna�ion B��c:'-:r'> Prnpusa! lhui I - Paruig Imp�erumrws Bidlist Description Speciticahon Section Unit of Bid Unit Price Bid Value Item No. No Measwe OuanL[V GI 3317 2103 REFL Raised Markcr "fY II-A-A 32 17 23 EA A3� $G 66 $2.397 10 6? 321 � 2104 REPL Raised Marker TY II-C-R 32 17 23 GA 945 $6 (i6 S6 �93.70 (3 3217 I OOl Lane Lecznd D[3L Arrow 42 17 23 EA 4 $277 50 51,1 10 00 G4 3? I �_ 1002 Lane Leeend Arrow 32 17 23 L(A 32 $177 60 55.683 20 65 3217 1004 Lane Leeend Onlv 3? l7 �3 E.4 16 $205 35 $3 �85 60 G6 3471 000? Portable Messa�e SiRn 34 71 13 u/K 12 �700.00 $8,400.00 G7 3471 0001 Traffic Control 34 71 13 MO 9 $14 000 00 $1 �6 000 00 6S 3110(1101 SitcClcaiine 31 1000 SY 100 $2220 �222000 69 9999 I 003 Pavin e Construc[ion Allowance 99 99 00 LS 1 S I 50.000 00 S I�U Ilql} 46 Sub=1 otal 1'siit I- Paeine Im �ru�emcnts ffase 13id 53.193,�7?.RII Ih��t L�1 -!'a�mc Im��rmeEaent� Aiteraair r1 iSupct �a�cF Bidfist Specificatfon Section Unrt of B�d Unit Price Bid Value Dcscription Item No No Mcasure Quanti[v I-A 9999_0004 1" Asphalt Pvmt SP-D (PG 70-22 Sunen�ave SP-D) 32 I? 16 SY 102837 �8.44 $867.8�9 88 2-A Deduct Item �8-I3 S8 98 -$923,i86 4G Sub-'Iot:illliillA-Pavin�lmpruecrocn�s:V�ci�iuteAfSnper�r.i�cl -$55,526.i8 Bid Summary �otal I: Base Bfd Unit I Si,l9� Total 3: Base Bid with Alternate A(SuperPave) Units I& I-A $3.138 *Note: The City Reserves the right to select either Total I or Total 2 END OF SECTION riivurnnai w��uiu til /�NI)AItl1 C'i1Ntil Itlll'I I�)N �I'I!C'll�ll'nl It�N I)��L'lIM1�:N I� 21�2i IN�I IN I'I ��'I�: kl t'YC'I INI� �'��N I IL\l'I I Ifc�i..cJ ��/:n/21i�� I��rl W�nili?f�2a I'nq�u.al ��iirkh�v�k ooa3 is BID BQND Page 1 of 2 sECTron� oo as �3 s�€� gor�o KFibW ALL BY THESE PRESEN7S: That we, Cutler Repaving, [nc. , known as °�eiader' herein and Libe�ty Mutual lnsurance Company a carporate surety duly authorized to do bussness in the State of Texas, known as '�5ure4y" harein, are held and Tirmly bound unto the City of Fort Worth, a municipai corporatian cre8ted pursuant to the laws of Texas, known as "C+ty" herein, in the penal sum ot Tive percent (S�a} of Bldrler`s maxlm�m bid price, in iaw(ui maney of the l�nited 5tates. to be paid in For1 Worth, Tarrant County, Texas fpr the payment of which sum well and truly to be rnade, we bind ourselves, our heir5, executors, administralors, SUCCeSsors 2nd 8ssigns, jointly and severaily, firmly by these presents. WHER�AS, !he Principal has submitted a bid or praposal to per�orm Wark for the tollowing projeci designated as 2025 HOT IN PlACE RECYCLIAkG CONTR�ICT 1 NOW, 7HEREFO#2E, the cond+tion of this obligation is su�h that if lha City shall awarc4 th� Coniract for the foregoing project to the Principa�, and the Principal shalf satisfy all requuements and conditions required for tfise execution of the CoMract and shafl enter inlo 1ha Contracf in writing wii� the Ciiy in accordan�e with the lerms of such same, then this obligation shall he and become null and void if, hawever, the Principal fafls to execute such Cen�ract in accordance with the te�rns af same or fails to satisFy atl requirements and conditians required for the execuEion of the Caniract, this �ond shall become the property of the City, without recourse of the Principaf andlor Surety, not to exceed tfi�e penaity hereof, and sha�l be used to compensate City for the difference 6etween Principal'S IotaE bid amount and the ne�ct selected bidder's total bid amaunt. PROVIDEp FURTHER, that if any legal action be filed on this Bond, ver�ue shatl lie in Tarrant County, Texas or the United States �istrict Court for the iVorthern �istrict of Texas, For! Worlh Oivisiqn. IN WlT�fESS WHEREOF, lhe Principal and the Surety have SIGNED and SEALED this instrurnent by duly authorized agents and officers on this the 3�d day of OCto!]ei' , 2024. PRINCIPAL Cutler Re avin Inc BY: . Signature ATTE Charfes R. Veskerna President Witness as to Pnncip Name and Title �nC. . ,.� c � ,�� o , ,. �� 4 � �7 `� � �, • � a w e � � � fj � J� = � 'r � �t � J �; , . . � v `" p `' J � , ��J c�rr oF Fogr wGr2rH STANDARD CON51'RUCTkOM SPfCIFiCAT10N OdGUMENTS ?G?5 HOT IN YLAC'E REC YC'LE1G COWTRACT I R�wsed97301�02i Curpru�e�ti�o il�5f.1' 0043 13 84D BONO Page 2 0! 2 � �Q.Ca. � f �Ia--�.F'�� • Witness as la Sursty �� Navarro Attach Power oFAKomey (Surety} (or Attorney-in-Facl Address: 921 E. 27th Si, Lawrence, KS 66046 SURETY: Libertv Mutual fnsurance Companv BY: :� S� !u Alycia Marie Hoebener, Attorney-in-Fac�t� ,� r,� � Name and Title `. `�GL: rF��, � • � ' .._••,Q.�'• Address: i75 Berlceley Stree#, Bast`o�'M'P�¢�1�i�6 S� '.%', ai 2�- 'r ; - - �' ; � �� ,n - : Telephone {Vum�er. (617� 357-95�.' � ~ Q •� � �e 5 � �� <y ' • , `I �•��3��*,'�. ��,��' "iVate� iF signed by an officerof the SureS}r Corrtpany, there must be an tile a certified exlract fram the by laws showing lhat ihis person has authority to sign such obligation. EF Surety's pMysica4 address is different from its mailing address, botfi� must be provicEed. 7he date of tine bond shalE noE be prror to tF�e daie the Gontra�t is awarded. END DP SECTIQN G7Y Of fORi WORTN STpNpP.R➢ GOhfSTRUCT[ON SP[GFICATIOM DpGItMENTS ?6?5 1 WT f��F PE�CE RL-05'CLING C'[1�TRACT I Re�i�er1YJ0l282E C'eiyf�m�e�in� IS156t" : Liberty Mutuale SURETY Liberly MutuaE Insurance Cornpany The Qhlo Casual[y Insurance Company West American Insurance Company POWER OF ATTORNEY Celi9ql@ No: 829 1287-67400 7 KNOWR ALL PERSONS BY iHESE PRESEkfFS� Thal 7he Ohio Casua[ty Insurence Company is a corporaGon duiy otganizad undar Ihe �aws ai Ihe State o! New Hampsh�e, Ihal Ltberty Mulua! Insarance Company is a corporaGon duly aganized under �he laws of Ihe 5tate at Massachusetls, and Wbs1 American Insurance Company is a corporelion duly organizad under Ihe iaws of the State o! Indiana {herein collecGvely ca3ted Ihe "Companias'}. pursuanllo and by authorily herein sel fwth, does hereby nama, constilule and appoinl, Qesiree [.. 1Vesemoraland; M riah A. AnJerson; Timoth C. Sniith; 'Cudd Alan Ramho; Clara R. Navarro A6ela; A1 cia Marie Haebener all 6I lhe pty of Wichiia state of KS eath individualfy it lhete be more Ihan one named, its true anr# lawtul anoz�eyin•facl Ra make, execute, seal, achnawiEdge and del}ver, for and on ils behaEf as surety and as ils acl arsd dsed, any and all under4akings, bonds, recognizances and alher surety ahiigatiais, in pursuance af Ihese presenfs and shall be as bmding up�n Ihe Companies as ii Ihey have heen duly signed by Ihe presidenl and allested by the secretary of �he Campanles In rhefr own proper persons. IN WITNESS WHEREOF, Ih�s Pawer a! Attomey has 6een subscribed by an aulhwized officer or oHieial of the Corr,panies and �he cor�»raie seais ol I�a Cnmpan4as have heen affxed lhereio this 3l sr day of January , 20?4 . Liberry MuluaE Insurance Company P,, 1NSU� P�;Y FHSp a►NSuq� TheOhloCasualtylnsuranceCompany �J `aR.o,e,�r�yn gv `ot,.o� 'Pqs 4P 40pPO�F� �n WesE American Insurance Cnntpany J 3 a m Q= o f� q� i o m �` 1912 � 0 1919 � � 9591 � //� � x s, p d p ^n�C �d��*��db y� yNA1f4='I�k�a YS�hDI�Hf�,a�� By� � 1 � � tii • 3� of PENlJSYLVANIA �avid M. Carey. Assislanl Secrelary y of MONTGOMERY Ss �� On Ihis 31 s[ da of Januar�� , 2D2q beTore me &�sonal4 a � y p y ppeared David b,4. Carey, who achrrowledged himseli lo ba Ihe Assisaanl Secre�ary oi Liberty I�Eulual Inswance ��o Canpany,lTe Ohip Casualry Campany. and West hmencan Insurar:ce Company, and tha! he, as such, being aulnorized so to do, exewtR Ihe lorego3ng insEmmenl lor Ihe purppses � y Ih�rein coniained 6y signirsg on behali of Ihe oorporalions by himseif as a duly au�horized officer. � � � _-p � �� o � C �p N N 6� � � � �._ � ?: Q tt1 IN WIiNESS YVHEREOF, I have hCreunlp subsc[i6ed my nams and effixed my nniariai seal at Plymaul� �keeling, Pen�syNania, aa Ihe day and Yeai fiist above wriften ^ Fnsr �4 V p�� 'v� c�. Caa,nm„ealm w rannsrl�anw � Nos� r 5ca+ < �e�esaPasiella NdaryPuAhC � � � " `}. y �+wilgomervCounty Il s . Ur �r.�>>,i lAy mnvns3+an eyqres March 7B. 7675 eY� �,Gd�t� r�ea�c.-c ��. �r Co�me3s.� nurnber 112G0�4 , � �d„o�, �e�,,,�„�,,,,,�-:.�aN„a�� eresa Paslella, Na1ary Pubiic ,,,"�� y�',n;td ` � 7hi5 Ppwer of Ativmey i5 made and execuled pursuantlo and by aut�orily of Ihe follow�ng Bydaws and Aulhoaza6ons of The Ohio Casvalty InsurasKe Company. Li6erty Mutual lnsurance Canpany, and+Nest American lnsurance Canpany Kfiich resolutians are now irt fu1 force and affeci readmg as follows. ARTICLE IY-OFF[CERS: Seclion 12. PowerofAttamey. Any oKcer or oU�er o€f�ial ot Ihe Caporation aulhorized ivr Iha1 purgose ia wriGng hy Ihe Ciiairman or tha Presidern, and subJecl Eo such limilauen as Ihe Chairtnan or I�e Presidenl may presa�e, shall appoint such a#omeys•irt•fael, as may be necessary m ad in behalf of Hre Corporation lo make, execute, seaE, acknawleJge and detiver as suraly any �d all under#akiags, bonds, reeognizances and olhar suresy obiigalians. 5uch allomeys in-fact, subjecl to ihe IimitaGons sel foRh in Iheir respeciive powsrs nf attomey, shall have full pawer to hind Ihe Corpo�alion by Ihe€r signalufe and execulinn ai any suth ins�rumenls and !o atlach Ihare¢o the seal of Ihe Corry�ration. When so ezecuted, such Enslrumenl5 shall be as 6'�ndiny as ii s gned by Ihe President and altested lo by Ihe Seuetary. Any pawer or aulhoriry granted 14 any represenia�ive or attomey�in•facl under �he prnvisions of Ihis aRicle may be revaked al arry time 6y ihe Board, Ihe Chairman, the Presidenl or by Ihe olficer or of�icers granting such power ar au�hority. AR�ICI.E XIA - Executlon oi Canvacis: Saction 5. Surary Bonds and U�dertak�ngs. Any nfficer of Ihe Cnmpany aulhosized for 1ha! purpase in wriiing by t�e chairrnan or �he pres3denl, and subjeU lo such limila6ons as �he c3�airtnan or lhe presldent may prescribe, shafl appoint such attorneys-in-fact, as may be neoessary to act in behalt of the Cornpany to make, euecule, seal. acknowledge and delive� as surery any and all underlakings, bands, recog�izances end alher sureLy oblgah'ons, 5uci� ailomeys•in�facS subject to Ihe limitations sel IoM in their respective powers of aHorney, shall have full power io bind the Company by l�air s'sgnalure a�d execulion o� arty sur� fnslruments and lo atlach ihereto I�e seal of �he Company. When so sxecuted wrh irzstrumsnts shall ba as binding as if signed by the president and attested 6y Ihe secretary. •� � .�� .. _ : . � a � . • V . . � ' . � �. � . �� C�tifiCate of Designat+on - The PresPdenl oi the Cornpany, acGng pursuani l01he By�aws af the Company, autiwrixes David M Carey, Assistanl Secretary to appoinl such altomeys�in- fact as may be necessary lo acl on bahalf of lhe Company to m3ke, execute, seal, acknowlpdge and delrver as surety any and all unde�Eakings, bends, reoagnizances and olher surety o�ttigafions. Authorizalion - By unanim0us consenS o( t�2 Ca�any's Board of Oirectors, Ihe Canpany consenls thai lacsimite or mechanicalSy reproduced signalure of any assislant secretary of !he Canpany, xherever appeasing upan a certifed capy of any power of attomey issuetl by Ihe Company In connecbon w�h surery bonds, shakf be va�id and binding upon �:e Comozny wi�h the same force and eNect as though manually al�zed I, fienee C. Lleweilyn, �he ursdersigned, ,�Ssiatanl Seaelary. The Ohio GasuaHy Inswance Company, Liherty Mulual Insurance Company, and Wes! Arnerican I�sihancq (,� +�'dG, � herehy cerlify Ihai the odginal povree of a�tomey oiwhich Ihe faregoing is a iull, Vue arsd correcl cogy of the Power nf Atlomey exealad hy said Companies, is i�'t1�$r� an� atfec a!� •, has nnt been revoked. _'� ., 0 P O � �'� ; . � R l EN iESTI�ONY WHEREOF, I have hereun�o sel my hantl and alfixed t�e seals ot said Cnmpanies �nis �� day o( ��e�` ,'t�f{ _�:= F, •�, y 1N9b,y � >" a ,' O JP4�R�o�r�yrth s � 1812 � d'��s,�cNus�`yL� 9j� i rt1 LM5�12fl73 LMIC OCiC WA[C Mui4i Cu 02Y21 Thia Power oi Atlomey Iimiis Ihe acts vf thase named herein, and thay have nv aulhority ta 63nd Ihe Campany except in tf+e manner and to the axtent herein atated, 4�1� �as� a 1H9Uq4 _ F- � 19 I 2 •:; �Ja,`°y�ve,pirp�� 1P40PFOi�`�,�C� • iL � � i. - b " 1919 m W � o m � -� • t1� �. � � � � � �,,tidLL��r, �'�+ . �s �i - ,2 . y= p�, p s 9991 � ey: +-�'t •-�cku� �- - °� ti,,,r�°ya �s �'�'OIAH� dD ReneaC.Lleweltyn.AsststaiStSecretary • . ., . - �• yl ,� r��` �� + *`' '+, �s�z �' ��iii��y� 1 Rios, Leonel From:Byers, Travis <Travis.Byers@LibertyMutual.com> Sent:Monday, November 18, 2024 7:45 AM To:Rios, Leonel Cc:Field, Kate; Todd Rambo Subject:FW: Bond #674224592 Verification-Cutler Repaving CAUTION:This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Leonel, Per request below, bonds and corresponding amounts are valid. Thank you, Travis Byers Bond Underwriter 10895 Lowell Ave., Suite 200 Overland Park, KS 66210 P: 913.319.7060 C: 785.551.3879 Fax: 866.547.9222 Travis.Byers@LibertyMutual.com From:Field, Kate <Kate.Field@LibertyMutual.com> Sent:Monday, November 18, 2024 7:41 AM To:Byers, Travis <Travis.Byers@LibertyMutual.com> Subject:FW: Bond #674224592 Verification Cutler Repaving Hi Travis, Please see below. Thanks, Kate Field Underwriting Assistant I LMS Field-Distribution Operations Liberty Mutual Insurance 10895 Lowell Ave, Ste 200 Overland Park, KS 66210 +1.913.319.7068 kate.field@LibertyMutual.com From:NBCCentralProcessing <NBCCentralProcessing@LibertyMutual.com> Sent:Monday, November 18, 2024 7:31 AM To:Rios, Leonel <Leonel.Rios@fortworthtexas.gov> 2 Cc:surkc <surkc@LibertyMutual.com>; NBCCentralProcessing <NBCCentralProcessing@LibertyMutual.com> Subject:RE: Bond #674224592 Verification Cutler Repaving Hello, This bond is not serviced out of this office. Your email is being forwarded to the Kansas City Office & they will assist with your email request. Thank you, Patti Bradley Surety Underwriting Assistant III Liberty Mutual National Bond Center Liberty Mutual Insurance 350 E. 96th Street Indianapolis, IN 46240 Office: 888-844-2663 Fax: 866-547-4883 Please access our new eBonding platform on the Agents Portal @ https://bonds.libertymutualsurety.com/ View and pay agency bill statements online by visi ng our Surety AgentsPortal. Need access to the Portal? These steps show you how to request access. Note: The information contained in this message is confidential. If you are not the intended recipient, or an employee or agent responsible for delivering this message to the intended recipient, do not distribute or copy this communication. If you have received this communication in error, please delete all copies and notify us immediately by replying to the sender. Thank you for your cooperation. From:Rios, Leonel Sent:Thursday, October 31, 2024 10:28 AM To:HOSUR@libertymutual.com Subject:Bond #674224592 Verification Cutler Repaving Good morning, The City of Fort Worth requires bond verification before a contract can be executed. We have received the following bonds from Cutler Repaving, Inc.: Bond #674224592, in the amount of $3,138,046.22, issued by Liberty Mutual Insurance Company for City Project #105647,2025 Hot In Place Recycling Contract 1. Please confirm that the bonds and corresponding amounts are valid so we can proceed with awarding the contract to Cutler Repaving, Inc. Thank you, Leonel J. Rios Contract Compliance Specialist Transportation Public Works 817-392-7233 (office) 100 Fort Worth Trail, Fort Worth, Texas 76102 00 43 37 V�NdOR COMPLIArfCE i0 STATE �qW Page 1 of 1 SECTI4N 00 43 37 VENDOR COMPLIANCE TQ STATE LAW NON RE51b�NT BiDDER 7exas Government Code Chapter 2252 was adopted for the award of cantracts to nonresident bidders. This law pro�ides that, in order to be awarded a contract as low bidder, nonres+dent bidders (out-of-state cantractors whose corporate offic�s or principal place of business are outside #f�e State of Texas} bid prajects for construction, impro�ernents, suppiies or serviees in Texas at ar� amounf lower t�an the lowest Texas residenf bidder by the same amount thet a Texas resiclent bidder would be requir�d io underbid a nonresident bidder in order to obtain a comparabfe contract in the State which the nonresidenYs principal place of bus�ness is located. The appropriate blanks in Seckian A must be flfed aut by a!I nonresident bidders in order for your bid ta meet specifications. The failure ot nonresident bidders to do so wi1! automatically disqualify khai bidder. Fiesident bidders rnust check the box in Section B. A. Nonresident bidders in the S#ate of , our principal place of business, are required to be perc�nt lower than resident bidders by 5tate Law. A copy of the staiute is attached. iVonresident bidders in fhe State of Kansas , our principal place of b�siness, are nof required to underbid resident bidders. B. The pr€ncipaf place of business of our company or aur parent company or majority owner is in #he State of Texas. ❑ 81DDER: Cutler Repa�ing, Inc. By: Charles R. Veskerna �� (Signature) Title: President ,, bate: 3-Oct-24 END OF SECTION C1TY (3F FOR'f WOR"FH 57'ANDAELD COIVSTRUCT]ON SPECfT�CATIDN []OCUMIiNTS Revised 9l30l2021 ?OZS I10'C IN PLrIC'L RGCYCLiNG COAITRACT S City Project l�iu 1 p5fi47 ( I) 00 45 11 - 1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 proj ects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer ldentification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas T�payer ldentification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxpermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's e-mail address and fax number. 37 (3) The firm's DiJNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DUNS 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalifcation Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised August 13, 2021 00 45 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 perfornung 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 deternuned 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 38 39 40 41 42 43 44 45 "None" or "N/A" should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 46 3. Eligibility for Award of Contract 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. CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised August 13, 2021 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised August 13, 2021 OQ 45 12 PREQUALIFICATION S'fATEM�NT Page 1 af 1 SECTION 00 45 12 PREQUAL[FICATION STATEM�NT Each Bidder for a City procurement is required to comple#e the ir�formation below by identifying the prequalified con#rac#ors andlor subcontractors whom they intend ta utilize fpr the major work type(s) listed. Major Work Type CantraciorlSubcontractar Campany Name Prequalification Expiration Date Asphalt Paving Heavy Maintenance ($1,000,4Ci0 and Cut�er Re�aving, Inc. May-25 OVER) The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified far the work types listed. BIDDER: C�atfer Repaving, Inc. 921 East 27tn St. Lawrence, KS 66046 By: Charies R. Vesk rna � {Signature) Title: President Daie: �%(�'c�-� � a�a� � END OF 5ECTlON CIT1' O� FORT N`ORT7�1 STA\D.4RD COtiSTRUCTiON SPECfTICAT]ON DOC[ItvLENTS 2025 1-30T I;+ P1.:�CE RECS"CL[\G CO�TR.4CT I Rr�zsed 0 413 012 0 2 1 Fort Wunl� 2o24 Proposa3 wori:book aaas26-i CONTIiACTOR ['OMPLI�NC� Wl'f�FI WOnKC[t'S COME'�NSA"fION I.AW k'age 1 of f z 3 4 5 6 7 8 9 i0 il 12 13 14 15 I6 17 1 fi 19 Za 21 22 23 24 25 26 27 28 29 30 31 32 33 34 3S 3b SECTjON 00 45 25 CONTR.ACTOR COMPLIANCE WITH WORK�R'S COMP�NSATION LAW Pursuant to Texas Labor Code S�ction 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance caverage for all of its emplayees employed an City Project No. 105647. Contractor furtUer certifies khat, pursuant to Texas Labor Co[�e, Sectian 406.09b{b), a� amended, ik wxll provide #o City its subcontractor's certificates ofcomplia�ce with work�r's comgensation coverage. CONTRACTOR: Cutler Repavin�, Inc. By: Cf�ar[es R. Veskerna Company (Please Print) 921 East 27'r' Signature: �� ,, Address I,awrence, KS 66046 Tifle: President City/State/Zip (Please Print) THE STATE OF KANSAS COUNTY OF DOUGLAS 0 § $EFORE M�, the �uidersigned autl�ority, on this day personaliy appeared Clfartes R. Vesker�ia , knovvn to ine to be the p�rson whose name is subscribed ta tlie foregoing instrument, and acknowledged to me that he/she executed the same as t�ie act and deed of President for Ehe purposes and eonsideration therein expressed an� in the capacity therein stated. GNEN UNDER MY I-iAND AND SEAL O�' OFFIC� t�iis 3rd day af October , 2024. Nota Pu ' in a far the State of Kansas 37 38 END OF SECTION �iO�A�YP1JBLiC-St2te0fKa[15�5 JENNI�EA d NELSON 39 -= M!► APP� �• c� � 7� s crry oe eo�� oar�� 2025 HC}r aN P1.AC� RF'CYCI.fNG C'QNTRACT I S"CAI+lDARD CONSTRUCTIUN 5PGCIFICATION DUCUM�NTS City Pr�ject No. f�5fi47 Revised 1t�ly I, 2�] I 004540-1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, andJor Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth �/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EOUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 13.91% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. Prime 26 contractor Waiver documentation. 27 28 SUBMITTAL OF REOUIRED DOCUMENTATION 29 Applicable documents (listed below) must be submitted electronically with the other required bidding 30 documents at the time of the bid under the respective Project via the Procurement Portal: 31 https://fortworthtexas.bonfirehub.com/portal/?tab=openO�portunities 32 OR received no later than 2:00 p.m., on the third City business day after the bid opening date, 33 exclusive of the bid opening date with the respective Project via the Procurement Portal by 34 responding to the message sent within Bonfre to all the bidders. It is highly encouraged that bidders 35 submit required documentation at the time of bid submission. 36 37 The Offeror must submit one or more of the following documents: 38 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 39 2. Letter of Intent, for all M/WBE Subcontractors; 40 3. Good Faith Effort Form and Utilization Form, including supporting documentation, if 41 participation is less than stated goal, or no Business Equity participation is accomplished; 42 4. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 43 all subcontracting/supplier opporiunities; or 44 5. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 45 Protege participation. 46 47 These forms can be accessed at: 48 Business Equity Utilization Form and Letter of Intent CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised June 7, 2024 004540-2 Business Equity Goal Page 2 of 2 1 https://a�ps.fortworthtexas. og v/ProjectResources/ResourcesP/60 - MWBE/Business Equity Utilization 2 Form DVIN 2022 220324.ndf 4 Letter of Intent 5 htCps://a�ps.fortworthtexas. og v/ProjectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 6 2021.pdf 7 8 Business Equity Good Faith Effort Form 9 https://apps.fortworthtexas. o� v/ProiectResources/ResourcesP/60 - MWBE/Good Faith Effort 10 Form DVIN 2022.pdf 11 12 Business Equity Prime Contractor Waiver Form 13 https://a�ps.fortworthtexas. o� v/ProjectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 14 Waiver-220313.pdf 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Business Equity Joint Venture Form https://a�ps.fortworthtexas. og v/ProjectResources/ResourcesP/60 - MWBE/MWBE Joint Venture_220225.pdf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON-RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMTT THE REQUIRED BUSINESS EQUITY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact the Business Equity Division of the Access and Opportunity Services Department at (817) 392-2674. END OF SECTION CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised June 7, 2024 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on November 12, 2024 , is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and Cutler Repavin�, Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2025 HOT IN PLACE RECYCLING CONTRACT 1 City Project No. 105647 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of THREE MILLION ONE HLJNDRED THIRTY- EIGHT THOUSAND FORTY-SIX AND 22/100 Dollars ($3,138,046.22). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 210 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred and Fiftv AND 00/100 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised March 3, 2024 00 52 43 - 2 Agreement Page 2 of 6 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond £ Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its of�cers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemni�cation provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the dama�es beinE sought were caused, in whole or in part, bv any act, omission or negli�ence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised March 3, 2024 00 52 43 - 3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its of�cers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemni�cation provision is specificallv intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, bv any act, omission or ne�ligence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 73 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised March 3, 2024 00 52 43 - 4 Agreement Page 4 of 6 : Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifes that Contractor's signature provides written verifcation to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. /'�!� Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verifcation to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Aimnunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a�rearm entity or firearm trade association; and (2) will not discriminate against a�rearm entity or firearm trade association during the term of this Agreement. CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised March 3, 2024 00 52 43 - 5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third-Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third-party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on-site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CTI'Y OF FORT WORTH 2O25 HOT IN PLACE RECYCLING CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105647 Revised March 3, 2024 00 52 43 - 6 Agreement Page 6 of6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: By: � //� Signature Charles Veskerna (Printed Name) President Title 921 East 27th St Address Lawrence,KS 66046 City/State/Zip Oct 30, 2024 Date CITY OF FORT WORTH City of Fort Worth By: Jesica McEachem Assistant City Manager Dec 4, 2024 Date Attest: r1� Jannette Goodall, City Secretary (Seal) M&C: 24-0985 Date: 11;12;2024Approved as to Form and Legality: Douglas Black (Nov 25, 202410:29 CST) Douglas W. Black Sr. Assistant City Attorney STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 3, 2024 2025 HOT IN PLACE RECYCLING CONTRACT 1 City Project No. 10564 7 0061 13-I PRRFORMANCP.RONp Pagr I uf 2 Bor�d No. 674224592 I 2 3 4 5 6 THE STATE OF TEXAS CDUNTY OF TARRANT SECTION 00 6i 13 PERFORMANCE BOND § § KNOW ALI. BY TH�SE PR�SE1�fTS: § 7 That we, Cutler Repavin�, lnc., know�i as "Principa!" i�er�in and 8 Libert Mutual lnsurance Com an , a corporate surety(sureties, if more than 9 one) dt�ly authori�e� to do business in the 5tate of Texas, i:nown as "Surety" herein (�vhetE�er one l0 ar more), are held and firmly bound unto the City of �ort Worth, a municipal corparation created l f pUrsuant to the laws af Texas, known as "City" herein, in the penal sum of, THREE MILLION 1 z ��TE HUNDRED 'FHIRiY-EIGHT THOUSAND F�RTY-SI7C AND 221100 Dollars 13 ($3,138,046.22), lawfuf money of the United States, to he paid in Fart Worth, Tan�a��t Cow�Ey, �a 15 Texas for the paymeni of which surra well and tr��y to �e made, we bind ourseives, our heirs, executars, administratars, successors ar�d assigns, jointly aiid severally, fim�Iy hy these preses�4s. I C� WHEREAS, the Principal has entered into a certain written contract wich the City awarded 17 the f zt� d�y of �f ovember , 2p 24 , wi�ich Contract is hereby rcfcrrcd to and made a part t 8 trereof for ail purposes as if fiiily set forth herein, to furnish all materials, equipment labor and nther E 4 acecssorics defined by law, iis the prosecution of the Wnrk, in�luding any Change Orders, as 20 provided for in said Contraet designated as 2025 HOT IN �'LACE RECYCLiNG CONTRACT 1, 21 City Project Na. 145647. 22 NOW, THEREFORE, the coiiditian of this obligation is such that if the said Principal 23 shu�l faithfully perfonn it obligations i�ndcr 1hc Contract and shall in all respects duly and faithfiilly 24 perform the Wortc, inclEiding Change Orders, under thc Contr�ct, aceording to the pians, 25 specifications, and contract documents therei�s referred to, and as wcll during any period of 26 extension oFthe Contract tl�at may be granted on the Part of the City, then this obfigation shall he 27 2$ 29 30 and become nu�i and void, otherwise to remain in full force and effect. PRQVIDED F[�RTHER, that if any iegal aetivn be filed on this Bond, venue shall lie in Tarrant Couniy, Texas or the United States District Conrt for the Northern District of "Fcxas, Fort Wartlx D�vision. C171� QF FORT WOR'iH ?�25 HAT 11V PLACE RECl'CLMfi CC;N1'RACT I STANDARD COnSTRt'CT[ON 5PEC[FICATIO?J DOCllhiEnTS Ciiy Projcc� Na 305G47 Re�Esr�l Qecemher 8. 3023 006] 13-2 PFRfORMANCE RoNn Page 2 uF ? 2 3 4 This bond is made and executed in compliance with tl�e provisions aF Chaptcr 2253 nf the Texas Gaverr�ment Code, as amended, and all ]iabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, ihe Principal anc! tl�e SUrety have 51GNED and SEALED this 5 insirument by duly authorized agents and off cers on this the 12th day of Novemher 6 , 20 24 , 7 PRI�IC[PAL: � Cutler Repaving, [nc. 9 - ---- l0 I f BY: �,r �f�p�p�� Z 5ignature _� �F 13 AT�EST: 14 ��!5 16 (P iicipal cre�a 17 E8 !9 , 24 �1�� ti' � 21 `.1��-� � ��1 �_ bl � 22 Witness as to PrincipaE `�� i3 2a �, G 25 U �i .�26;;� c�� '"- A .37: { `� -� -} � t `z$� � �t .1 �9 ,'� �� > � ` ,�x 3l 32 33 3Q ` 35 � 3b � �--�� 37 W�es s lu Sure�y Justin L 7erret 38 �� 39 40 *Note 41 42 43 44 Charles R. Veskema �r�sident Nattte and Ticfe Address: 92i E. 27th St Lawrence. KS S�Q46 „ SEJR�TY: � � � , , , � Liberly Mutuai Insuranee Csmpar� �• y �� G� s�„ •, � -�= . ,�.� � ° ,�' . ,'-y • gY:�lar*� [� „/� �.r;.P,�--� .r�. .� ._ � N • SEgIla[i1iC l � . � � • � �Y • � G .'4 . C�ara R. rvavarro Apeia, Attarney-in= �' • .� ,�, A � ; r . ,^ , Name and Title f, -f�� ' • • � • ., ��fll"1 Address: 175 Berkeley Street / � � ' � � � � , Bostan, MA Q2116 Tele�ho��e Number: 3i8-a�t8-2508 Email Adciress: Clara.Navarra@�rr�acnrp.com If si�ned by an officer of the 5urety Campany, there rnust be on fi[c a ccrtiCed extract irom the by-faws shotving tl�at Hsis person I��s au[hority to sigt� suClt abligatian. If Sur�:ty's physicaf acldress is different frorn its �t�ailing address, both mtist be provided. The date of tl�e hond shall not be pri�r to the date the Contruct is awarded. C1TY OF FOftT WOE2TH 2O25 FEQi' IN PLACE RECYC[_ING CONT1tACT I S�'AiV�ARD COi�'STRUCT€QN SPEC[E'ICATipPI DpCUMENTS Ci[y Projec� iVo. 105G47 ReNised Decimber B. 2023 _• L�berty �utual� SURETY l.iberty Mukual Insurance Campany Th� phio Casuaity Insuranc� Company West American lnsurance Cornpany POWER DF ATTORMEY Certificals No. 8211287-67400T KNOWF! ALL P�"t50NS BY FHESE PRESENTS: i}!at The Ohio Casualty Insurantx Company is a co�para�an duly arganized under �t�e laws of Ihe State of New Hampshire, Ihat Liberty Mutual Insuranca Company is a �wparatlan duly organized under the laws of the Slaie oi Massac�usells, and West Ameriran Insurance Gompany �s a corporatien duly organ�zed untler Ihe 3aw5 Uf IhB 51a1e oi fndiana [herein cnlfeCtively called Ine'Companie5'J, pu�suant lo and dy aulhoriry herein sel ftxlh, does herehy name, consfih+le and ap�om4. Dcs�rec E. Wcs�inoreland; Myriah A. Andcr�on, Tintothy C. Smith; 7o�d Alnn iiumbo: Cl'ura R. 3\avarru A6cla; AI cia Marie Fioebener ._ .....Y...,,, _... � all oT Ne city af tVichi�a slata of KS each irsdiviuually if �here be more than one named, its true an8 lawlul attamey-ndac: to make, execule, seaf, acknowiedge anG deliver, far and on ils behalf as sure#y and as ils act and deed, any and a!I undertakings, honds, recognizances end oiher surety obligakions, in pursuance af lhese presenls and shafl he as binding upon !he Companies as if they have heen duly signed by Ihe president and attesled by t�e seaetary nf t�e Companies in iheir own praper persons. IN WIiNESS W�1ERE0�, U�is Powar of Attomey has been subsuibed by an aulhorited officer or afficia! of Shs Comganies and lha cor�xirale saals of Iha Campanies have been alfixed lherelo Ihis 31 st day of Jnnuury , ZD24 . �i 4) N C � ta 51aie of PENNSYCV{WIA � Ca,nty nt MONTGQt�1ERY � �� i� <o i> i� .� _� �'y i� Liberry Mut�al Insurance Campany �, tir+su�, t�� iHs� a 4NSUR The Ohio Casualty fnsurancx Company �JA�oR4OA,,qy�, �JPLOaF4A'lAqOy t1¢V�A��Ri1R��f WeslAmericanlnsaranceCampany � 3 `"o � Uc � `"o m w 3 �'o t� r`7912�0 �s1919�o Q 1991 0 � Yd ~89�LiWs�aa� � ��F�9~ya ry, �NOl�HT ,�D� � r.��'`��. a�ai� *�,e1 a'H1 *�N a�,�,! r�N By: .e david M. Ca�ey, Assislanl Secretary On Ihis 3 � sl day of January �D�4 befare me personally appeared OavEd M. Garey, who acknowledged hfmsell So he the Assrsianl 5ecretary aF Liberiy Mulual lnsurance Company, The Ohio Casualiy Company, and Wesi American Ir.sarence Company, and Ihat �e, as sudi, beinq aulhorized sn to dp, execute the foregoing insUumenl for the purpases sherein coniainad by signing an behali of Ihe wr�araGons hy h�mself as a duly auworizad afficer. 1N WITNESS YYHEREOF, I hava here�nlo subsCribed my name and affixed my notar.al seal al PlymvaEh Meeting. PennsyNania. on the day and yaar frsl above wntten � � This Powet of AEtomey limits Ihe acls ofihose named harain, and they have rta authoriiy lo bind Ehe Company except in #he manner and to the extent herein stated. �� ` � � � ,1 Cwmiarv��Rn d Pennsytvava • N�iary 5eal Ty+iQSa PaS�'�� k'olmy pul! ic �.Umgwr,er� COun•y M14�comm�sshne�pues3Aarch2A.2U25 gy• C6mm�ssron m�mEr111280d8 1 ,. �. . Mm�l'+�.'.. Pelnl�tvanb Auoc Wn of Halanen """ ' _"" _' "" , __"_ U `7 ,' ,.'. . . . . . . . . � ?3 This Pawer of Attamey is made and executed parsuant fo and by aalhonty a! Ihe fopowing By�laws and AulhorizaGons of The Ohio Casually Insurance Company, Liberty Mulual Insurance � •� Crxr�pany, anA Wasl Ameri[an Insuvance Companywh�ch resofutions are now i� fufl fome and effecl reading as fo4iows: � � ARTICiE IV- OFfICEltS: Seclian 12. Prnver at Atiomey. � My olficer or other olfiaal ol the Cwpora5on authorized tor �ha� purErose in wri4ng by Ihe Chairman or the Presidenl, and subjecl lo such limilaGon as tha Chairman or �ha Prgsidens �y may presai4e. shall ap{pin4 such attameys•in�facl, as may be necessary In ati in behall ol the Corporalion to make, execute, sea1, acknovAeci�e and deliver as surety any and al! }'� � unde�akfngs, boads, recognizances ar.d Whar surely obligaliuns. Such attomeys•in-fact. :uhject [o the lilrtitaupns sal forth in their respe�tive ppwers of attomey, shall have fulf t� t p4rrer fa 6ind Ihe CorpoFation by Sheir sig�alure and exeeulinn of any such inswments and to aEtach �here�o 1hp seaf oi Ihe Corparals4n. When sa exetuted, such inSUumenl5 ShalY � � be as hinding as if signed by I�a Presidant and altested lo by 1he Secre�ary. Arsy power or au�horir� g�anled lo any representative or aitomey-in�fac! under �he provisions of �is article may be revoked at any lime by tha 8oard, lhe Chairman.lhe Presidenl a hy the aFficer or officers gr�nli�y suth power ar aulhonty. � AR7ICLE XIII - Execullon of Contracts: SecGon 5. Sureiy 6onds and UndeAakings, Any ot�cer of Ihe Campany authorized for Iha! purpose in writing by 4he chairman or Ihe presidenl, and suhject la such limilalions as lhe chairman orlhe president may pvescribe, shafl ap{soint surh alta�eys-fn-fact, as may he necessary �o ac! in hehaif af �he Campany tp ma�ce, e�ecute, seal, acknowiedge and deliver as surery any and all undenakinqs, bonds, rer.agnizances and o4heE surely obligalions. Sucti altomeys•in•fa�l subject ia ihe IEmilaUons sel iarth In lhe€r respecsive pawers of atlomey, shas have [ull power to bind �he Campany by their signai�sre and execuGoo of any such insvumanSs and ta atWch l�erela Ihe seal of lhe Company. When so execufed such inslruments shall be as binding as if signed by Ihe presiden! and altesled by t�e secretary. Cerflti�ate oT Uaslgnalion - Tha Prasident of �he Cornpany, acGng pursuanl to the Bylaws nf Ihe Company, authorizes Oavid A4. Carey, Assislant Secrelary to appainl such aqomeys-in• fact as may 6e necessary �a ael on behalf of Iho Company lo make, eMecute, sea1, acknowledge artd daliver as surely any and all undertakings, borais, recagnizances and other surely obtigalions. A�lhorizaklon - By unanimous wnsent af the Campany's 6oard of Direclars, tha Company consents thal Facsimile or mechanicaky reproduced signaiure nf anX assistanl secretary o1 lhe Company, wharevar appearing upon a ceh�ed copy af any power of aitomey issuad 6y 1ha Cqmpany in connecGpn vr,kh surety honds, shall be valid and 6inding upon Iha CCmpany wil� Ina same ,nrca and el(ecl as Ihough manually a�iKe6 I, Renee C. lle�Neilyn, tlte undersigned, Assistanf Secrataty, The Ohin Casualty Insurance Company, Liberty t�iulual Insurance Company, and Wesl Ameri�n l��uralubSOo►np�rtr do hereby ccrli�y thal !he original pawer of attomey of which the �oregoing is a i�ll, t�ue and correca copy ol Ihe Power oi Ailomey execu�ed by said Compariies. 5 iri(E+�,�rcL�$��t ah6� has nal beEn revoked. • .t� • • ' ' • . ,'q,�, � IN T£STIMONY WHEREOF, I hava hereunta sei my hand and affixed the seals af said Companiss this t�, Gay of ��►�r, �-4 _�,� �on ��'q� -, fi' 4 hHSZ +`,�4oaara��yn � � Fa A� 1912 � 0 ��B��CNU��aD d8�� i �t� LM5�12873 LMIC PC1C WAIG Multi Co 92R1 PyTY INg4q� � 1T1SG/�� PJ3�pRPa�yr+qy� VPcogroq�f yC� `" �` � Fa R� dsi9�9�Q � 1991 a 2° �haMv�' dD'� +'s hor�w► dai' �yJ r 1�� 'R} ,� ra : �. : ? �` �, � �: G ��.� �'Q�� ; �: Bjl: � �'"�+ � � � �`3' f;k � `�. . Renee C. Lfewallyn, AssistanlBeueRary� �T,.� , 5887 � �'��.��'`� Libert� �1�Iutual� SUREiY TEXAS IMP�RTANT NOTICE To obtain infarmation or make a complaint You n�ay calj tall-iree for informacion or to rnaice a complaint at f -877-751-2640 You may aiso write to: 22Ua Renaissance Slvd., Stc. 400 Kin� of Prussia, PA 19406-2755 You may contact the Texas Department nf Insurance to abtain infonnation on companies, coverages, ri�hts or complaints at 1-80Q-252-3439 Yau may write the Texas Department af Insurance Con.sumer Protectian (I 11-1A) P. O. Box 149091 Austin, TX 7871 �-9091 PAX: {512) 490-I007 Wei�: http;/iwww.t_di.texas.�ov E-mait: ConsumerProtection tdi.texas. ov PREMTUM OR CLAIM DISPUTES: Should you have a dispute concei-ning your premium or about a ciaim you shauld first cantact the agent or eall 1-800-$43-644b. If the dispute is not resolved, you may contact the Texas De�artment of Insurance. AT�TACH THIS NOTICE TO YOUR POi.ICY: This notice is for infarmat�on onEy and does not become a part or condition of the attached docurnent. TEXAS AV ISO IMPORTANTE Para obtener inforEnacion o para someter una queja: Usted puede llarnar al numero de telefa�to gratis para inforr�acion o para someter una queja al 1-877-751-2644 Usted tambien �auede escribir a: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 Puede comunicarse con el Departamento de Scguros de Texas para obtener informacion acerca de compar►ias, cobertura;s, derechos o quejas a! i-�oa-zs2-��39 Puede escribir a1 Departamento de Seguros de Texas Consumer Protection { 111- l A) P. O. Box 149091 Austin, TX 787 i 4-9091 FAX #(S 12) 49Q- I 007 Web: http://www.tdi.texas.�ov E-mait: ConsumerProtection�tdi.texas.�ov D[SPUTAS SOB�E PR[MAS 4 RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclarno, debe camunicarse con el agente o primero. Si no se resuelve la disputa, puede entonces comu�icarse con el deparcamento {TDI} UNA ESTE AV�SO A SU POLIZA: Este aviso es solo para proposito de informacion y no se con�ierte en parte o condicion del documento adjunto. T�IP 70 68 fl9 0 i ��+s-iszsz ta,s 10J25124, 11 11 AM 5ircon Ptatform f�T C]F �'�. � �� - _ , , �� -� ._� � , � ` `�`S' � � f � �;� ` r� �� _�� i; � � , �I�i ��; �a ,� � , � `,� �� ' � ; � �,P �� . - ;� �/ ��-_� _� �� `?'�� ,5 _ .__� � General Lines Agent Qualification �fiective; Dates Property and Casualty 9012�12024 CLARA R NAVARRQ ABELA NPN: 20554893 430 E i�OUGlAS AVE STE 400 WICHITA, KS 67202 is authorized to transact business as described above License No: 3251367 lssue �7ate: 1Q12412U24 Ganera�ed by S rcor: 532 04G3 '�`EXAS [7r.rnnr�ir!�h' nr Ixs�°Hn�ci� 3HIS IS TQ GERTiFY THAT y`�y� "f'r�. . `� � �r � x A� ,��. > r i • �F �5 k CLARA R NAVARRQ ABELA 430 E ODUGLAS A�'E Si E 4U� WiCHiTA. KS G7ZU1 ;� LICENS� NL1M��R 32533F7 i.�_._--� -- -� �- --- .. YgN 2(T55�s6t13 Expir�tion Uate: 081311Z026 !S HEREBY AUTHORIZE� TO TRANSAGT BUSINESS EN ACCOROANCC �O ThiC LICENSE DESCRIP7iON SHOWN BELOIN General Lines Agent Prope�ty and Casuafiy is;ue C1hie: 1Or2412624 Ezpvalior. 6ale� �8l3t12026 Gmwraietl by S�con 772il4+fi3 i https:Npfatiorm.sircor�.camr#Aicense•pnnE 111 `�p��U ,�s-. '�. Rit� O'� , A � �� d /� Ee*r �n•s Tise Surety �, FideEity A�soclafiion of America Ftesid�nt Agent COuntersignature Laws !la�e Bean Eradiceted and Violate the Law in E�ery U.S. Staie The purpose of tF�ls shart white paper is to inform the reader that resident agent rountersignature laws ha�e been eradicated throughout the United States and its territories (wlth the exception of Guam, where it has not been chaliengedj. Any bid, perforrnance, or payment bond that requires a resident agent counter5�gnature or a resident agent signature viqlates tMe law, as such requirements ha�e been held unconsEitutional by federa! caurts throughaut the United 5tates and have been repeaEed by statE legislatures. 5uch requirements irnpermiss9bfy favor licensed resident agents over licensed nor�-resident agents. It is not the countersignature requiremer�t that is prob�ematic; it is the requirement that the counterslgnature must be that of a resident ag�nt that vialates the law. The National Assotiat+an af Surety Bond Producers (NASBP) and the 5urety & Fidelity Associatian tSFAAj are aware that officials in some state and local agencies are not infarrned about tt�e illegality o� resident agent co�ntersignature mandates. These officials will improperly reject a bid based on lack of a requiretJ resident agent countersignature or improperly refuse ta accept perforrnance and payment bonds 6ased on lack of a requlred resident agent counters�gnature. NA56P and SFAA receive dozens of inember requests eac� year to send comment letters to public agencies that have included the unlawful resident agent countersignature requiremenk in their sureEy bonds. Countersignature faws date �ack ko the early twe�tieth century wF�en states passed the laws as a cansumer protectlan measure. The regulations requiring Ran-resident agents to receive sign-off by a local resident agent were orfginally int�nded to ensure compEiance with local insurance laws. Those regulation5 afsa meant that out•of-state agents had to pay local agents for their signatures. By the 199Ds, tec�n�logy made the countersignakure laws an anachroni5m of regulation. The rnovemenF to repeal countersignature laws began in the 1990s a�d er�ded in 2QQ8 when the I�inth Circuit struck dawn Nevada's caunEersignature law. This movement was spearheaded by 7he Counti! of InSurante Agents & Brakers. One of the most well-known cases on this ma�ter is Council of �nsuran�e Agents and Brokers v. 1'om Ga!lagher, Z87 F. Supp. 2d .i3�2 (�l,q. Fla, 2003j, in which the U.5. Diskrict Court for the NortE�ern District of Flprida struck down a Florida staiute thai irr�perrnissibly favored resident agents. The district court determined that there was no rational basis far a distinction between properly ficensed resident agents and non-resident agents and declared unconstitutional the Florida statute at issue ihat discriminated against Fiorida-licensed nan-resident agents. Members m�y want to have tf�e bond forms reviewed ta ensure that th� bonds do not contain an illegal resident agent signature or countersignature requirement. To clarify, it is permissible for bond forms to contain a licensed {resident OR non-resident) agent countersignature requirement, just not that it be a resident agent. 5i�te an earfer version of this white paper was first released in OcioE�er 20i$, there has been [pnfusion about the ambit of the term "resident agent" in this white paper. The term "'resident ag�nt" in this to�text refers ta resident in5urante agents--and �fOT to resident agents for p�rpases of 5ervice of gracess. Decem6er 2039 Page i of 1 00 61 l4 • 1 PAYivf FNl- F30NE7 Aa�e I u f 2 Bond fVo. 674224592 1 z � 4 5 6 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 61 14 rAvM�rrT �o�o § § KNOW ALL BY THESE PRESEI�TS: § 7 That wc, Cuticr Rcpaving, inc., kno�vn as "Princinal" hcrc�n, and g Liberty Mutuaf lnsurance Company , ;.j corporate surety 9 (sureties), duiy authorized to cio business in the 5tate o�'�"exas, known as "Surery" herein (whether 10 onc or more}, are held and firmly bound unto the City af Fort Worth, a municiga! corporatian I I createci p�rsuant ta the laws of ttte State of Texas, icr�own as "City" I�erein, in the penal sum of 12 THREE MI�.L�ON ON� HUNDRE� THIRTY-E1GHT THOUSAND FORTY-S[X AND 22/100 f3 Dollars �3,138,04G.22), 18wfu1 mor�ey of the LT�tiited Stales, to he paid in Farl Worth, Tarra��t 14 County, Tcxas, for thc paymcnt of which sum wcil and truly bc madc, wc bind oi�rscivcs, our k�cirs, 15 ex�c;utor5, admi��istratars, successors and assigns, jointly and severally, firmiy by tt►ese presents: l6 17 f8 {9 20 21 WHEREAS, Principal has entered into a ceMain written Contract with City, awarded thc 12th day of Nuvember , 20 z4 , which Coniract Es herehy referred to and made a part hcreot' for all purposes as if Fully set forth herein, IO f1i1771Sh AlI It]IIiC!'lk�S, equi�mcnt, labor and other accessories as defined by law, in the prosecution of the Work as pravided for in said Contr�ct and designated as 2025 HOT IN PLACE RECYCLING CONTRACT 1, City Project No. I OS647, 22 NO�V, THEREFDi2E, �'HE CONDI`ilC�N OF THIS OBLiGATION is such that if 23 Principal shall pay all moiiies owi�ig co any (a�zd a{1) payEnent bond beneticiary {as defned i�� 24 Chapter 2253 oi the Texas Gavernment Code, as amended) in the prosecution of the Work under 25 the Contract, then tl�is obligatia�� shall be and beca�rze �ull and void; otherrvise ta remain in fi.i[l �fi force and effect. 27 28 29 30 This bond is madc and cxccutcd in compliancc witEi thc peovisio�ls aFCl�aptcr 2253 of t1�c Texas Government Code, as amended, and all Iiabilities nn this band shall be determines in accordance with the pravisions of said stat�te. CITI' QF FORT WORTH 2O25 1l�T IN FLACE 2ECYCLING COhTRACT 1 STANDARD CQThSI'RVCTfQN SPECEF3CAT[ON UOCUMEAIT$ City Projrct No. 105547 Revised DecemherlS, ?023 0061 Ik-2 E'AYM�NT HOND Pagi 2 uf 2 IN WiTNE55 WHEREOF, the Princigal and Surety ha�e aaelz SIGNED ai�d SEALED 3 2 this instrument hy duly authorized agents aE1d officers on this the 12th day of November , 20 24 4 ATTEST: (Pri ipal) cret ��; � C�:t.'.L.� �vt� � �, Witness as t'o Pri�tcipal � � C C � •�O U ��n 'r � � � � ;. I 1 " � '� r" .�O"I'TEST: 0 5 6 7 8 9 l0 C L-G�. (Sure } Secretary Rebec ay . �_.' W itn a, to Surety ,tusikn L. Ferrei PFtINCI PA L: Cutler Repaving, inc. B Y: S�gnature Charles R. Vesk�rna President Na�ne and Title Address: s21 E. 27th St Lawsence. KS 66QA6 ,��,�j ,� �'�� C�,{,-'�/ • . '"7 SURETY, -, f j E v'•�'•. l.iberiy M�tual InsuranceCom{�any _�� c sY'.�.c ; .� ,� u�. -- � . �;*� � � - BY:��c� n. (r./o�r�r�. �� MAsS�r ��'�~ Signature `, � ` , r '��3H1"1•• ,��,�. Clara R. Navarro Abela, Attorney-In-Fact � � ' � � � � � ► � Name and Title A�dfess: i75 Berkeley StreeE Boslon. M/a 02 i 1 B Tel@�SltOfle Numbei: ��s•4as�25o8 Email Address: C�ara.i�avarro�imar.nrp.com Note: If signed by an officer of the Surety, there must be on file a certified extract fram the byla�vs shawing that this person has authority to sign suel� abligation. �f 5urety's physical address is different fram its mailing address, both must b� pravided. The date of the bond shal! nnt be prior to the date the Contract is awardcd. l f FND OF SECTEON 12 C17'1' OF FORi' WORTH 2O2S I IOT It3 f'LACE RECYCLiNC CQNTRACT I STANpARD COI�STR['C�itON SPEC[FICATION DQCUM�NTS Cuy Pwjccl No E05GA7 ReviSeJ pe�entber 8, 2023 Liberty MutualR SURE7Y This Pawer a[Attomey limits Ihe acis uf those named herein, and lhey hava na authority to hintl the Company except � the manner and to !he e�tent herein stated. Liberty Mutual knsurance Company The Ohio Casualty Insurance Company West American Insurancz Company POWER DF ATTORNEY Cedificale i�o 8211287-674007 KNOWN RLL PER5�NS BY THESE PRESENTS; Tfias The Ohio CaSually InSurance Campany is a corporation duly or�anized under ttre laws a4 Ihe Slate of New Hampshire, lhal li6erty Muival [nsurance Company is a carpara6on duty organized under the laws n[ Ihe Sta4e of Massachusatts, and Wast American Insuranca Campany is a corporaticn duly organ�zed under thelaws of lhe 5tale oi Indi�a (herein r.�llectively caued Irie 'Campanias"), p�rsuanl tn and hy aulharity herein set f�r1h, does hereby nar�, canstituie ard appaim Dcs�ree F �Ves�arivrclanek; MyriaEi A. Andcrsu�r Timushy C. Suii�li; Tndd Alan liam6o,Claru R. Navxrro Abcla; Alycia MEarie Hoebener all of !ha dly af Wichira slale of KS each individually [I Ihece be mare Ihan one named, ils Uue and lawful atto�ney-in-fact lo make, exesute, seal, acknowledge and deliver, fa and an its behaif as surery and as its ad end dead, sny and all ur.dertakings, hands, remgnizartces and other surety obligafians, in pursuance of ihese presa�ts arsd shaEl be as �inding upon the Companies as if Ihey have heen duly signed by tl�e prasident and aqested by the seaeiary of the Companies in Iheir own proper persnns. IN WliNFSS WFfEREdF, th's Power af Attomey has been subscribe6 by a� authaized oificer w oKicial of Ihe Companies and ihe corporale seals o� Iha CompanEes hava been affixed Iherelo this 31 s� day of lunuary , 2024 . U � oro ua > �� _-p C'y O� aj O C �" .� � N 4� � � � o.� S�ate of PENNSYLVAIdl,0. Garn4y of MdNTGQMERY ss Liberty FAutual €nsurarsce Canpany P� i�suq4 p��V FNS� ��nsuq4 The OhioCasual4y �nsurance Company tiJ c��`�O�r yC� yJ oo"ron,,'Qvy `�s 4o¢roq,. '1'�, WesE American Insvrance Company J a Fo � T 3 °o n �0 � � 79'12 » a � 1919 � � �7991 � a 6 /� +�, v. 0 6 -J YdalyB'��CH1S6�ya3 �p �4"M�MPS"�-0A �/S, �aouw� da� .RS"7 �'H� e�� . r`' �yl * �� 3,�, ,� ►.a ey: n��n n� r�� n«��n� s�r�asati On Ihis 3 i st day ol January ?024 bafore me personally appeared �avitf M- Carey, who acknowfedgetl himseif to be the AssRlanl Secretary of LiDerty Mutual Insurance Company, The Qhio CasualN Compa�y, and West Americ,an Insurance Campany, and lhat he, as such, being aulhorizad so io do, execule Ihe faregaing instrument far the purposes ihe�ein conlained by signing on behaif o[ Ihe carporaGons 6y himself as a du�y aulhorized officer. IN WITNESS WHEREOF, I have her�unlo subscnbed my name antl afTiKed my nolanal seal al Plyrttau[h klaeting, PennsyNarua, on the day and year first above writtan � .�� Carv�unwaanh o! Per,nsylvan�a - NWaiy See� - . F¢re9ePe9k:ln NotaryPub'�iC �.'i ':' . Mon'9ortrery Counry � p� M} wmmiss{ai expaes hlarch 26. 7625 S Ca�rnr,s�an numher F 426044 �y . - MMl"lt.Penn�Y�'ran�6As39CtlLdndRJ7l�fit5 ! Pastella, Natary This Pawer of Attomey is made and e�ecuted pursuant lo and 6y aulhonry of 1Me foNovring By-laws �d Aulhoriialions af The Ohro Casualty Insurance Company. Uberty Mutual insurance Company, and Wesl Amesican Insurance Company wh�ch resalulions are naw in full forte and eflecl reading as folluws: ARiICi.� 1V- OFFIC�RS, 5actian t2. Power of Altomey. My officer ar olher olfivai of the Caporafion aulhorized for ihat purpase in writing by the Chairtnan ar the President, and subjaci to surfi fimilaUon as Ihe Chairman or the Presideni may presa#he, shalf appoirn such attameys-in-fac�, as may be ner,assary �n act in behalf of Ihe Carparalfan Ev make, ezecute, se�, acknavAedge and deiiver as surety any an� aH under�afiings, �onds, recognizances ar,d olher surely obligas�ans. 5uch attomeys-in-tac�, su�ject la Ihe Iirmlauons sel forth in t�elr raspeetive pawers af attamey, shal! have fu11 pawer to bind Ihe Corpora6on by thei� signalure and execution oF any suth inslruments and to allacfi� t�e�elo lhe seal of Ihe CprporaBon. Whe� sq exewled, sach ins�rumenls sha11 4e as 6indiag as if signed by the PresidenS aM alleste6 ta by the 5caetary. My power or aulhority granled lo any represantat�ve or aHomay-imfacl under the proyisions pf Ihis ahicle may be revoked al any lime by Ihe Board, Ihe Chairman, ihe Presldenl ar hy 1he of�cer or officers granting such pawer or aulhari�y, ARTICLE XIlI - Execullan ai Cnntrat1s: Seetion 5. Surely 6onds and Undertak�ngs, My officer af ihe Campany authorized fw lhal purpose in x�iiing by �he chairman or �ha president, and su5jecl ta such limilalions as lhe chairman or the president may prescribe, sha� appoint such a1�Rrneys-in-facl, as may he necessary lo act in behall at Ihe Cempany In make, execcrte, seai, acknowledge and delsvei as uuely any and aIl undertakings. 4onds, re:.ognizances ansi olhei surety ahl{galians. Such attomeys�in-tad subjscl fo ihe limitatinns sel forsh in lheir respecliva puwers oi dttorney, siiaR have Ivll power 10 bind the Company hy lheir sigriature and execulion oi any such inslruments and lo attach thereto the seal of the Company_ 4Vhen so execuled such inslmrnents shall he as 6ipd�ng as if ;igned by the president and attesled by the seuetary. u � d • • � �� ; .� . v . . � = i� . • '''i ;� . � Cerlifleate af �eslgnation - The President ot the Company, aeGng pursuan� lo the Bylaws of Ehe Company, aulhqrifes flavid M. Carey, Assistani 5ecre=ary la appoinl such aitomeys-im tact as may be necessary 1a aci on behalf of Ihe Company lo make, execule, aeal, acknowledge and deliver as surely any and all undertakirx�s, hon3s. recognizances and ot�er surety obqgaGons. Auilhorixation - By unanimaus tonsent of the Company's Board of �ireclors, the Company consents that facsirnile or mechanica�y reproduced signalure af anX essistanl seaetary of the Company, wherevar appearing upon a ce�iifisd copy ol any powar of altomay issued by Iha Campany in caqnetl�on vrlh surely b�nds, sheil be valid and binding upon Ihe Carnpany with ihe same iorca and eHecl as lhough manually af�Ked I, Renea C. Llewellyn, the andatsigned. Assislant 5eaelary, The Ohio Casuaily fnsurance Company. Liherly Mutua4 fnsurance Company, and West Ametican Ir;uiaAtda�Co�p�nr do hereby certify thal the o�iginal power ot attamey of which the �oregoing is a full, 4ue arid oorrect �py af the Paver oT Altomey execuled by said Companies, i� irtfu��fc��di�� ah�� has not been revoked �• q�% • • ' ' • . 'q � IN TESTIMOHY WHERE4F, I hava hereunto se! my hand and alfixed ihe seaEs of said Compan,ss �his (i�, day af ��1�, �'y .�-�� ,• ��n � 4�-q�, �� P� SkSU� P4�V 1MSpq a 1l7SUR4 .�• 2 ��, C1 _ i.J c°R°o'�e. q'e oi0 4oc`°oR�r '4,l `[�Q' `oRvoq�l 'r'�, t� i Z , p.. a 3 �°o m UQ 3 Fa m R� t Ae t� ��,� d1 .�� i 912 � o i 919 � � 1991 n ��y�,�� -�:� ti-�� yt- i " �j .L Bw Q 4 O g ' 'w'_' � • - . �! •. s � • j, . '�,��',cH�s aaa o�+HA„vo�da3 rs ��sn�„kh da3� y Rsnee C. Llewelfyn, Assislanl5ecralary y,T .•• 7 * F yl � *N 3M t �N � J ' • - • •, 58b7. �,• LM$-f2873 LMICOCiC WAIC M�IIi Co 0321 +,. ., _• Liber�y �utual� 5l1RETY TEXAS 1MPORTANT NOTICE To obtain information or make a complaint: You may eall toll-free for information or t� meke a complaint at ! -877-751-2540 You may also write to: 2200 Renaissance Blvd., Ste. 4�4 King of Prussia, PA 1940b-2755 Yau may contact the Texas Department of Insurancc to Obi�i� information on companies, co�eragcs, rights or complaints ac I-$00-252-3439 You may write khe Texas Department of Insurance Consumer Protection (111-1 A) P. O, Sox 149091 Austin, TX 78714-909 i FAX: (S 12) 490-10a7 Web: httpJlwww.tdi.texas.�ov F-mail: Consur��rPratection(�a,tdi.texas.� PREMIUM 4R CLA[M D[SPUTES: Should you have a dispute concerning yaur prennium or about a claim you should first contact the agent or ca11 l-80a-843-6446. If the dispute is nvt resol�ed, you �nay contact the T�xas Dspartment of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: T�is notice is for informatian only and does not become a part or conditian of the attached document. TEXA5 AVISO IMPORTANTE Para obtener informacion o para someter una queja: Usted puede llarnar al num�ro de telefono gratis para infarmacion o para someter una queja af 1-877-751-2640 Usted tambien puede escribir a: 2204 Renaissance Blvd., Ste. 400 King of Prussia, AA 19406-2755 Puede comt�nicarse con el Departamento de Seguros de Texas para obtener informacion aeerca de companias, coberturas, c3erechas o quejas al I -800-252-3439 Puede escribir al Departamento de Seguros de Texas Consumer Protection (111-1A) P. O. Box 149091 Austin, TX 78714-9091 FAX # (512) 490-1007 Web: http:llwww.kdi.texas.�o� E-mai1: ConsumerProtection(a�tdi.texas.�ov DCSPUTAS SOBRE PRiMAS O RECLAMOS: Si tiena una disputa concerniente a su prima o a un reclamo, debe comunicarse can eS agente o primero. Si no se resuelve la disputa, puede ��itai3ces comunicarse cor� el departamento (TDI) UNA ESTE AV[SO A 5U POLIZA: Esie aviso es solo para proposico de informacion y no se convierte en parte o con:dicion deI documento adjunto. 1dP 70 68 09 O l LMS-152S2 t0l75 10125I24, 11 11 AM 5irCon PI81TDrrn �� -O�� \ ��j r— '` '�� -,� � /� ��,� =� � � �r` � 1`R � t j�` ��,� a � �� ' �� r , � '-� ��', �' - i � � p� � � � rl�� ,� �,,� . :� � ,� � =- _. .�: � � _. �x��, General Lines Agent Qualification EftecEiv� Dates Properly and Casualty 1012�12D2A CLARA R NAVARR4 ABELA NPN: 20554693 430 E DqUGLAS AVE STE 400 WICHII'A, KS 67202 is authorized to transact busir�e�s as described above Lieense fVo: 3251367 Issue Dafe: 10/2412024 Expitation Date: 0813112D25 Generaled by Sscon 332 �Q4G3 �`�3 ��f �t.r IS 9-[EREBYAUTHQRIZEO T07RANSACT BUSIhEESS IN � �-`' �4 ' nCCOR�]ANCE TQ Th1E LICENSE DESCRiP710N SNqWN � , �. �EXAS � � l3�rnRry�n��r nF Ir�suKnaci� °� � � BFLOW i THIS kS TO C�RTIFY �HAT '+_�� . i`�'� � General Lines Agent � CLARA R NAVARRO ABELA Property anci Casualfy aao � uflvU�ns �v� sr� -ruo WICH� iR. K5 G1'L'J1 fssue C3�le: !0�?.4l202A ExpuaEinn Dale� t18131l2�26 LICENS� NtJM�ER 32533R7 NPN 20F546Q3 GanriatedhySrccn9]^<OU�G31 h1lps:llplatiorm.sirwn.com!#lhcense•pnnt 111 � �� , h o �'� � ��`6 �� +•'Pr ia�� TF+B Surefy f, f[delify A�aoclafiion of Ame�ica Hesident Agent Countersignature Laws Have Been Eradicated and �olate the Eaw f n Every Ll.S. State The purpose of t#�is short white paper is to inform the reader that resicfent age�t coun#ersigr�ature laws have been eradicated throughaut t�e United States and its territories (with the exception oi �uam, where it has not been challe�gedj. Any bid, perfarmance, or payment bond that requiras a resider�t agent tountersignature or a resident agent signature violates the law, as svch requirernents have been heid untonsti[utional by federai courts throug�out the United 5tates and have been repealed hy state legislatures. Such requlrements impermissibfy favor licensed resident agents aver licensed nor�-re�idenk agents. It is nat the countersignature requ�rement that is problematic; it is t�e requirement that the counterslgnature must be that of a resident agent that vialates the law. i'he f�at�anal Assaciation of Surety Bond Producers (NASBPj and the 5urety & Fideiity Association (SFAA) are aware that officEals in same state and locai agencies are not informed about the illegality of resident ager�t counterslgnature ma�dates. These officials will impraperEy reject a bid based on lack of a required resident agent countersignature or improperly refuse to accept perlormante and �ayment bonds 6ased on lack of a requlred res#dent agent countersignature. ntASaP an� SFAA receive dozens of inem�er requests each year to send camment letters to public agencies that have included the unlawful resident agent countersignature requirernent in their s�rety bonds. Countersignature faws date back ta the early twentieth century when states passed the laws as a cansumer protettion me�sure. The regulations requiring non-residenE agents to receive sign-off by a lacal resident agent were originalfy int�nded to ensure Campliance with local insuranee laws. Thvse regulatians also meant that out•af-state agents had to pay local agents for their signat�res. By the 1990s, technoiogy made the cauntersignature laws an anachrtinism of regulation. The movement to repea! cauntersignature laws began in the 199�s and ended in 200$ when t�e lVinth Cir�e�it struck down Nevada's tountersignature law. This movement was spearheaded 6y The Cauncil of Insurance Agents & 8rolcers. One of the most well-known cases on this matter is Covncil of lnsurartce Agenis and 8rokers v. Torn Gallagher, 287 F. Supp. 1d 1302 (i�,D. Fla. 2003j, in which the U.S. District Court for the Northern bistrict oF Florida struck down a Fiorida statute that impermissibly favored resident agents. The distritt tourt determined th�t there was no ra[ional basi5 for a distinc#ian between properly iicensed resident agents and non-resident agents and dec�ared unconstitutional the F�orida statute at issue that discriminated against Florida-licensed non-resident agents. Members may want Eo have the �ond forms reviewed ta en5ure that the bonds da not contain an illegaf resident agent signa#ure or countersigRature requirement. To darity, it is permissi6le for bond farms ta contain a licensed {resident OR non-residentj agent counkersignaiure requirement, just not that it be a resident agent. Since an earlier �ersion of this white paper was first released in OctQber 2Q18, there has been confusion about the ambit of the term "resident agent" in this white paper. The term "resident agent" in this context refers to resider�t insurance agents--and NOT to resident agents for purpases af service of process. December 2019 Page 1 of 1 006119-1 MAfPlTF.NAriEF, BOND Page I uf 3 Bond No.67422a592 I 2 3 4 5 6 7 8 9 10 II 12 13 14 i5 SECTION QO 61 ]9 MAiNTENANCE AOND TNE STATE �F TEXAS § § iCNOW ALL BY THESE PRESEIVTS: C�UNTY OF TARRAl1'T § That we Culler Repaving• I�3c., iuiown as "Principal" herein and Liberty MuSua1 Insurance Company , a carparate surety (sureties, if more tha�2 one) duly authorized tv do busi�ess i�i the State af Texas, known as "Surety" hereiiz (whetl�er one or more), are held and fim�ly baund unto the Ci#y of Fort Warth, a rnunicipal corporation created ��ursuant to ihe larvs of the State of �"exas, known as "Ciry" herein, in tlie sum ofTHREE M[LLION QNE HUNDRED THIf�7'i'-EIGHT TFiOUSAND FORTY-SiX A1VD 22/100 Do�lars �,�3�138.046.22), lawfui money af tl�e lJnited States, to 6e paid in Fort Worth, Tarrant County, Texas, for payment af which sum well and truly be n�ade unto the City and its successors, we bind oqrselves, our heirs, executors, adniinistratars, st�ccessors and assigns, jointly and severally, firmly tG by khese presents. 17 E8 WHEREAS, the PrincipA! lias entered into � certain written contract �vith tt�e City awarded E9 the_ 1.2th_ day of November , 2024 , which Conrract is hereby 20 referred to and a made part hereof for a�! purposes as if fully set forth herein, to fumish ali materials, 21 equipment labor and other accessories ss defined by law, �n the prosecution of the Wvrk, includin� 22 ar►y Work resultit�g from a duly authorized Chapge Order (collcctiveiy l�ereir�, the "Work") as 23 provided for in said contract and designated as 2025 HOT [N PLACE RECYCLING CONTIiACT 2�+ I, City Praject Na. 105C47; pnd 25 26 WHEREAS, Frincipal binc�s itself to use such rnaterials and to so construct the Worfc in 27 accordance with the plans, specifieations and Cantract Documents that the Work is and wil! remain 28 free from defects in materials or workmanship for and dueing th� period of t�vo (2) years after the 29 date of Final Acceptance of the Work by the City ("Maintenance Period"); aad 30 31 WHER�AS, Priricipal binds itsclf tn rcpair or rcconstruct thc Work in �vhalc or in part upon 32 receiving notice frorr� th� City of the r�eed therefor at any time within the Maintenance Period. 33 Cfl'Y Of �OR'f WdR'TIf Z(125 [[bT iN PLACE RECYCLTIVC� CONTRACT t S7'AiVRNtl3 CONSTRC'CT10N SPECIFlCATIQN DOCUMEi�'T3 Ciiy Arojcct No. 1455�17 Revised i]ecemher 8, 2023 oasi iq-z MAINTFKANCF BO� 7n Pagr :. u[ 3 I z 3 4 S 6 7 8 9 f0 NOW THEREFORE, the condition ot�tEais obligation is suc�� that ifPrincipaE sl�all refnedy any defeetive Work, far whiei� timely notice was provided by City, to a com�letian satisfactory to thc Ciry, then this obligatian shall i�ecome null and void; othenvise to remain in fuii force and effect. PROVIDED, HOWEVER, if Principal sha�l fail so to repair or recflnstn�ct any timely noticed defeetive Wark, it is agreed that the City may eause any and al I such defective Work to bc �epaired ancf/or reconstructed witli all associated costs thereof beiug borne by the Priiicipal and the Surely under this Maiiitenance bond; and f 1 PROVIDED FUR�'HER, that if any fegai action be �iled on this Bond, venue shall lie in 12 Tarrant County, Texas or tl�e United Stares Disuict Court for t��e Northern District of Texas, Fvrt !3 Worth Di�ision; and 14 IS 16 17 !8 l4 PROVIDEA FURTHER, that this obl��atiun shal� be continuaus in nature and successive reeovenes may be had hereon for successive breaches. CiTY dF F�RT WORTIi 2�25110T fh' PLACE RECYCLThi� ('[ilvTltA['T I STAt1DARdCONSTRL'Ci{QN S!'ECfF[CAilO;J qOCiIMENTS Ciiy Piujcci �u. 165Cr37 Revised �eccmber 8, 2023 0061 19-3 MAINTi�NAhCf RONf} Pagc 3 uf 3 1 [N WITNESS WHEREOF, the Principal and the Surcty have each SIGNED and SEALED tilis 2 instrument by duly at�thnrized agents and oificers o�� this the �2�h day af t�ovember 20 24 . 3 S 6 ? g 9 1Q 1l A7TEST: ]2 13 �, p,�..� 14 (Ari»�ipa!} 3 lary ]5 16 i7 18 �, -`,:' , � �... . t. �� `� �� 20 i�tiess as t Principal . � � • �� ' 22.' �',� r s,} ' 23� � a, ,, , ` 24 �' m JS `� � �' L n. 26 : :'` t 27 " 28 �9 ATTEST: 3U — 31 ��, 32 {5ure ) Se�ret�ry �ebecca K 3 3 �� 34 � � - .. �� 35 Witnes s. Surely Jusiln L Terrel 36 37 38 39 40 41 42 F'RINCIPAL: C€�tler R�avinq, Inc. / ; BY: � Signa�ure Charles R. Veskema President Name and'fitle Address: 921 E. 27th St L�wrence, KS 65046 ��,,�r,r, `�,aG� �°'1?„'•. SURE"CY: ,'�-P . ' � D � � ' • �'?i `• Liberl Mutual Insurance Campa�a� ��P� s� •, �. ; -- ' �' '—�_ ��► �• ; . a �1+ � . sv:�t�.�... �� v►f�-��_ �-�- z ' " S ignature ' � •, � p .' y� . ` ,. '.��; y� �S A �' , Clara R. Navarro Abela, ASFarney-In-Fac[ � � � � ' ' ' ' .� ZEame a�d Title �' � 1 � � �}, � ` � `,` t�d�fe55: 175 gerkele�,$�,reeE Baslon- MA 0211b Teiephone Number: 31fr44&2548 Etnail Address: C�ara.Navarco�imacorp com �`Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority ta sign such obligation. If Surety's physical address is different from its �nailing address, bath must be provided. The date of tlie ba«cf shall not be prior to the c�ate the Cantract is awarded. C{TY 4F FORT W4RT1 f 2p25 ROT IN P4AC� RECYCLiNC CONTRACT 1 STANDARD CONSiRi'CT[0T3 SPECIFICATiON UQCUMEiVT5 Ci�y Pcojrc� Na. 105G47 Rcvssed Decem6er 8, 2U23 �• Liberty �ufual� SURETY Liberty Mulual Ensuranee Gompany P� iNSU� PLt� �Ns� a ti�+suRp The OhioCasuaity insu�ance Campany ja`oa4o�,fay�,m �Jg`oRva� �'p9yn k R1G�PP6R� � i'�� Nlast Americaa Insvrance Companp �'i 912 � d 1919 � � 1991 � � � %� /� Y ;8 c ! 's * ¢W ° a � .�//��l,y�y d',4 '��cnug�" yL O�'y�NoON,ba Ys, �NoiaKt .aD dLf � _i- �� r 4-t� �Hl * FN �R'1 + 1�a gy' � pavid M. Carey. Assistanl5ecretary POWER DF ATTORNEY On lhis 31 si day of lanuary 2024 hefore me personally appearec# pavid M. Ca�ey, wha ackrrowledged himseif Ev be She Ass�siam 5�elary of Li�eny Mutual Company, ihe Ohio Casualty Company, and Wes; Amerscan Insutantc Campany, and Ihal he, as sudi, being aulhorized so to da, exacute Ihe ioregoing instrument Far Ihe lherein conlained by sign�ng ort �ehaEf of Ihe oorporaUons 6y himself as a duly aulhosized o�cer. !N WI7NESS YYHEREOF, I have hereunto su6saibed my name and a€fixed my notanal sea{ al Plympud� Meeting, PennSyHa�ia, on tfie tlay and year first above wntten KNDWN RLL PER50NS 8Y THESE PRESENiS; Thaa 7he 6hio Gasuatry Insurance Company is a wipora6on duly arganized under tha laws oi Ihe Slate of New HampsY�ire, Ihai Ci6erty Mutoal fnswance Company is a corporalion duly organized under tlse laws of [he State a! FAassacfi��sefls, and West American Insurance Company is a corporatien duly organ'szed �ndef U1e �awS of lhe $tale p1 fntiiana (he�ein COIIeCIivEly Called Lhe'Companies"), pursuant tn and hy au[f�oaity herein set forth, does hesehy name, tonSEitule and appoinl, Dcsiree F. Wcsunorcland; Myriah A. Andcrsurt; Fimushy C. Suii+h; Todd Alun R;�mbu; Clare R. Navarcu A6cla; A1 ci¢ Marie Hoebcner all ol I�e aty af 1Vichira slale of 1(5 each individua4ly if �heie be more �han ane rtamed, its tr�e anC lawful aKomey-fmfact to ma3ce, ezecuie, saal. aclmouiedge and delivor, Tor and on its hehalf as surety and as ils acl and deed, any and ail undor�akings, 6onds, recogrtizanees and oihEr surety o6ligatians, in parsuance of Ihese presents and shall ke as binding upnn tl�e Companies as if they have 6een duiy signed by tt�e presidenl and atlesied by Ihe sauetary of the Campanies in �eir own pmper persons. 1N 4HI�MESS W�iEREQF, l�is Powar of Anamey has been subscribed �y an aulhorized olflcer or oKcial of khe Companies and Ine corporate seais ol ihe Campanies have been a(fized Sherolo Ihis 31 st day of __ lanuarZ , 2024 . N a1 C ro �o S�aae of PENNSYLYANIA � County ¢1 MD�l7GOAfERY V � o� N � N � � _�p � �N O � �p C �' � af � CS1 � � 4 � � E �� ,, 3 Thia Power o(Attomey limits the acl6 of those namer3 herein, and they have na auihor3ty ta bind the Company except in ti�e manner and to ihe ezteM hergin 6lated. or � ;:. � Liberty Mutual Insura�ce Campany The Ohio Casualty insurance Company West American lnsurance Campany casv�,anwaa�m d Fer,niyr,a,�a • Maiary Seej TE�esnPnslNq FFo�yAuh',� Mon19c^xh Cauny My cammssWr explies March 28. 2025 8y Cwmtccaon �n6er 11I60k�7 Mem�¢:. Pmn�yf.enb Asvanata� of Nac:�ea Certificaie No. $211Z87-6740QT / . NoEary ih�s Ppwer of A4omey is made snd executed pursuaN lo and by aalhority ai Ihe lo�owing By-laws and Aulhonxalfnns o! The Ohio Gasualty Insurance Campany, Liberiy Mutual Insurante Gampany, and Wssl American Insurance Company wh cin �esufutrons are now in !u'I Iorce and effect reading as iolluws; AR�ICLE kV - OffICERS: Se�tion t2. Power of Attomey. Any officev ar ol�er official ol the CorporaGon authorized for �hat purpose in wri6ng by �he Chairman or the President, and su6ject to such Ismitation as lhe Chairman or Ihe Presideni may presrrihe, shall appoint such attomeys•in•facl, as mTy be �ecessary to ac� in behall 01 the Ca�poralion la make, ezeca�e, seal, ackrwwfedge and deliver as surery any and all undercatings, ponds, recvgnizances and dher sureiy obligauans. Such attom�eys�in-lact, subje�s io the I�rilations set fortt� in �selr reepective powers af atiamey, sl�au have fu€I power to hind t�e CorparaGor� by Ri�eir signalure and exetulion of any such instn:menls and �o altach therelo l�e seal pf Ihe Cvrporation. 4Yhen so exewted, s�ch inslrumenEs shall be as bind€ng 25 if signed by 4ha Presidenl and allested lo by Ihe Sauelary. My power or auEhorih� granted lo any representative or anomey-imfact under Ihe ptovfsions of Ihis aRicle may he revnked al any aime bylhe Board, ihe Chairman.lhe Presidenl pr by Ihe officer or UffiCars �ranting such power or a�thori�y. ARTfCiE XIII -@xecullon oiConlraCts: $ecGon 5. Su�ety 8onds aM Undertakings, Any officer of Ifie Company authorixed fw thal p�trpose in uriling 5y Ihe chainnan or 1he presidenl, and suh�ed to such limitatians as the chairman or the president may prescribe, shan appoinl such attameys-in-fact, as may �e necessary Ea ac! �n Uehall of the Company [o make, exacufe, seal, acknowledge and deliver as sucery any and a� vnde�takings, bands, recvgnizances and othar sure4y abilgatio�s. Sueh aftomeys�ir-fa�l sv6jacl lo ihe IEmi�ati�ns sel forsh in their respect9ve powers of altorriey, sha� have lull power lo 61nd [he Company by their signalure and axeculion a[ any such instrumenis and to aHach lherefo Ihe seal of Ihe Company. When so executed such instrurnents ahall be as hind�ng as if signed by Ihe presidenl and altested hy Ihe seuaiary. ' u • �1 v � .! �� ; .♦ . v ► � . . . y; .; . � ,� . .� . Certlf€cate oi Oesignation - The Presidenl of Ihe Company, ac6ng pu�suani to Ihe Bylaws oi the Company, aalhorizes David M. Caray, Assistanl Secrelary b appainl such astomeys•in• fact as may 6e necassary to aci on bahalf of ihe Company lo make, eMecute, seal, aekmm�ledge and defiver as sureiy any and all underRakings, bonds, recognizances and aE�er serety oh6�alians. Aulhorixation - By uneniroaus ca�senl o� Une Company's Saar� of Diredors, lhe Campany consents tfiat facsimVle or methanicaBy reproduced signaNre oi an�+ assistant secretary of She Company, wharever appearing upon a cartified capy of any power of atlomsy issieed by lhe Company in cvanectian w�ih surety bonds, shall he valid ancE 6inding upan Ihe Campany wlh !he same �arce and effeci as Ihuugh manually a�ized �, Renea C. Llawellyn, lhe undarsigned, Assistant Ssaeiary, The Ohio Casually Insutanco- Campany, Liherty Mutual fnsurance Company, and 4Vest Ameri�n I�,�u�am�'Oolnpany do hereby certify I�a� Ihe origina! pcnnrer of attomey af which Ihe {aregoing is a�,II, hue and oorrect oopy of Ihe Power oi At�omay execuled by said Gompanies,� �fu�,�fi ��rvi�l ��, has notbeenrevoked. ,` .j� ' [k P Q " '�' '� iN TESTIMONY WHEREOF, I hava hera�nRo set my hand and affixed the seais of uid Companies Ihis (�}�, day aE �1�1�r, �-�I ._�!� ��O k-q� •�. y sdsu �lP' oavor��y �. c, �, r � s 19�2� o � Ydj1�a'QACNV5�ae 9j� � rt► LMS-f2873 LMiC OCIC WAIC Mulu Co02/27 py�Y INS� a lNSu� �J:�a�aq�rs'fl9,yn `ProRvoq�reyP sY�i919w� � t997 Q � �ryAYPg'F ,dD Yd+ �MarFN� �a� ��= w 1�N �M � �� : >- : ? �` �. C� : ,�-• t912 n•O. By. ' c.�t`� - m+� �`s �� ; a . ReneeC.Llewellyn,AssislantSsuelary� � �T,.�� •, SEfii ` '��,.,��,,, • Liberty N�utual� StIRETY TEXAS IMP4RTANT NOTICE To obtain information ar make a complaint: You may call toIl-free for information or to make a complaint at I-$77-751-2640 You may aiso write to: 2200 Renaissance Blvd., Ste. 400 King of Prussia, PA 19406-2755 You rriay cantact the Texas Department of Insurancc to obtain information on cornpanies, coverages, rights or cornplaints ak I -800-252-3439 You may write the Texas Department of Insurance Consurr�er Protection (111-IA} P. O. Box 149091 Austin, TX 78714-909I �Ax: �s�27 a�o-�aa� Web: http:llwww.tdi.texas.r�ov E-nr�aiI: ConsumerProtectian ,t�i_texas.�o�,, PREMIUM OR CLA[M DISPUTE�: Should you have a dispute concerning your premium or about a claim you shouid first contact the agent or call 1-800-843-6446. If the dispute is r►ot resol�ed, yc�u may contact #he Texas Department of Insurance. ATTACH TH�S NOTICE TO YOUR POLICY: T�is notice is for information only and does not become a part or canditio� of the attached dacument. TEXAS AVISO IMPORTANTE Para obtener informacion a para someter u�a queja: Usted puede llarnar al numero d� tel�fono gratis para informacion o para sarr,eter una queja al 1-877-751-2G40 Usted tambien puede escribir a: 2204 Renaissance B9vd., Ste. 400 King of Prussia, PA 19406-2755 Puede cornunicarse con el Departamento de Seguros de Texas para obtener informacian acerca de companias, coberturas, derec�os o quejas al 1-800-252-3439 Puede escrib�r at Departamento de Seguros de Texas Consumer Protection (111-1 A) P. O. Box I 4909 i Austin, TX 78714-9091 FAX # {512) 490- ] 007 Web: http:i/www.tdi.texas.�ov E-inail: ConsumerProtection(c��tdi.texas.�ov DISPUTAS SC}BRE PRIMAS O RECLAMOS; Si tiena una disputa concerniente a su prima n a un reclamo, debe comunicarse con el agente o primero. Si no se resuelve 1a disputa, puede entoncgs comunicarse co� el departainento (TDI) UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de inforr�nacion y no se convierte en parte o condicion del documento adjunto. NP 7fl 68 09 O l LMS-S5282 t0175 t0125124, 1i 11AM 5uLon Platform ,�-�� (�F ��. r.�� _�..��, "� �� ; ��. � / � I I � ' I 5.� � `, II � 1 � 1�J1 �� II � f,` � � rf / .I� � � \ '��. / '.�� 1� �� ' / �� \� �-} ;� � _�� \*�� -_- `� ' * _ �. � :. �`'�- �'EX A�=' General Lines Agent Qualificatian EHective qates Property and Casualty 1012�11202a CLARA R NAVARRQ ABELA NPN: 20554£93 �sp E oou��a,s A�� s�� aaa wic�+�r�, Ks s�zoz is auth4rized to tra�sact business as described above License IVo: 325136"/ lssue Uate: 1 012 412 0 2 4 �xpiratiar� Date: 0813112D26 C�enerat�ti hy S:rccrs J3? �O�fi3 ��1 �� i�l nF,t � M � � � [�r!rtiR�r��r�-� oc l�si:k.+nrR a �� + % 'iHIS IS TQ CERTIFY 7HA7 � I rF'\A4. � CLARA R NAVARRO ABELA In�o E raou��ns nv� sr� �oo � wiwH,rA K5 Gr��az � � LtCENSE Nl1MBER 325tJfi7 NP� �(155A693 IS HEREBY AUTHORiZED TO TRA[VSACT BL151NESS IN ACC�R�ANCE 70 TI-IE LlCENSE DESCRIPTtON SHOWN BEL�W General Lines Agent Property and C�su�lty Issue Dale: lU72A120?.k Expiratfon �are� (18131!?0?6 Gane�ated 6f S rco�+ 3320GtG� � httrrs:!lplatfarm.sircOrt.com!#11 icense•pnnl 1 f 1 ��UPr O`'yFj ",�, �,T� � �=�$� °' t�,. ,0.4 ° The Surety a Flda!!Fy Aa�oclaiion n� Amerfca Reside�t Agent Cauntersignature Laws Fia�e Been Eraclicated and Violats the l.aw in �very U.S. 5tate The purpose of this short white paper is to inform the reader that resident agent countersignature laws have been eradicated throughout tfi�e United States and its territories (with the exception of Guaan, where it has nat been challenged). Any bid, performance, ar payment bond t�at requires a resident agent counters+gnature or a resident agent signature violates the law, as su�h requirernents ha�e been �eld ur�cor�stitutional by federal courts throughout the ilnited 5tates and have been repealed by state legislatures. Such requfrements impermissibly favor licensetf reside�nt agents over licensed non-resident agents. ft is not the countersignature requirament that 9s prablematic; iT is the requirement that the countersignat�re must be that of a resident agent that �iolates the �aw. The �iatianal AssQciation af Surety Ba�d Producers �NASBPj and the Surety & Fidelity Association (SFAAj are aware that officials in some state and Iqcal ager�cies are not informed abaut the illegality o� resideRt agent countersignature mandates. 7hese officiais will improper�y rejett a bid ba5ed on lack of a required resident agent countersignature or impraperfy refuse to accept performance and payment bonds based on latk of a requlred �esident agent countersignature. Na59P and SFRA receive dozens of inember requesis eact� year to send tomment letters to public agencies that have included the unlaw#ul resident agent countersignature requirement in their surety bonds. Countersignature iaw5 date back to ti�e �arly twentieth century when states passed the laws as a eonsumer protection measure, The regulations requiring non-resident agents to receive si�n-off by a local resident agent were ariginally intended to ensure campliance with local insurance laws, Those regukations afso meant that out-of•state ageni5 had to pay local agents for their signatures. ey the 1990s, tethnology made the countersignature laws an anachronism af regulation. The movement to repeal countersignature laws began in the 1990s and ended in 2008 when the Ninth Circuit struck down Nevada's countersignature law. 7his rr�ovement was spearheaded by 7he Cos�ncil of Insurance Agents & Brakers. C3ne af the most wel!-icnown cases on thi5 matter i5 Council af tnswonce Agenfs arrd Brokers v. Tom Gallagher, 287 F. Supp. 2d .13Q.2 {N.p. Fla. 2003), in which tF►e U.S. Distric# Court far the Northern District of Florida struck down a Florida statute that impermissibly favored resident agents. The district court determined thak there was na rational basis for a distinciion between properly licensed re5ident age�ts anc3 non-resident agents and declared unconstitutionai the Florida statute at issue that cfiscriminated against Florida-IicenSed non-resident agents. Members may want to have the band forms reviewe� to ensure that the bonds da not contain an illegal resident agent signature or �ountersignature requirement. To Clarify, it is permis5ible for bond forms ta contain a lice�5ed (resident OR non-residentj agent countersignat�re requirement, just not that it be a resident agent. Since an eariier �ersion af this white paper was #irst reie�sed in Dctober 2018, there has been confusion about the ambit of the term "resident agent" in this whike paper. The term "resident ager�t" in Ehis co�text refers to resident insurance agenks--and NOT to resident agents for purposes of ser�ice o� process. December 2�19 Page 1 of 1 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 00 61 25 CERTIFICATE OF INSURANCE [Assembler: For Contract Document execution, remove this page and replace with standard ACORD Certificate of Insurance form.J END OF SECTION C1TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2025 HOT IN PLACE RECYCLING CONTRACT 1 City Project No. 105647 �� Signature: P t�a�l'IGlGiNL �11GiG�fGiG�f Email: patricia.wadsack@fortworthtexas.gov FoRT WoRTH�� Routing and Transmittal Slip Transportation & Public Worl;s Department DOCUMENT TITLE:2025 Hot In Place Recvclina Contract 1 M&C: 24-0985 Date: 11 /20/24 To: I Name CPN: 105647 1. Donnette Murph3 2, Patricia Wadsack 3. Lauren Prieur 4. Priscilla Ramirez 5. Dou¢ Black 6. Jesica McEachern 7 Ronald Gonzales 8 Jannette Goodall 9 Allison Tidwell 10. TPW Coatracts CSO: D�artment Initials :isk Appmver ��.� PW A mver �L1N' TPW-SiQner Signed in Agiloft CSCO-Form Filler �w � � DOC#: Date Out 11/20/24 11/21/24 11 /22/24 11 /25/24 12/04/24 12/04/24 12/04/24 12/05/24 CC: Program Manager, 3r. CPO, TPW HSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR C1TY MANAGER'S SIGNATURE: All docucnents received from any and all City Depathnents requesting City Manager's signature for approval MUST BE ROUTED TO Tf� APPROPRIATE ACM for approval first Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES �No RUSH: ❑YES �No SAME DAY: ❑YES �No ROUTIIVG TO CSO: �YES ❑No Action Reguired: ❑ As Requested ❑ For Your Information � Signature/Routing and or Recording o ��t n Flle Link to general conditions & specifications NEXT DAY: ❑YES ONo ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts a�fortworthteaas.�ov for pickup when complete. Call eat. 7Z33 or eaw 8363 with que9tions. Thank you! F�RT ��RTH�7 Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2025 HOT IN PLACE RECYCLING CONTRACT 1 M&C: CPN: 105647 CSO: Date: 10/25/24 � � � � � � � � : � �1 Name Charles Veskerna Marwan Hafez Leonel Rios Department Vendor-Signel TPW-Signer TPW-Review Initials v � DOC#: Date Out 10/30/24 10/30/24 11 / 18/24 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES �No RUSH: ❑YES �No SAME DAY: ❑YES ❑No ROUTING TO CSO: �YES ❑No Action Required: ❑ As Requested ❑ For Your Information � Signature/Routing and or Recording ❑ Comment ❑ File NEXT DAY: ❑YES ❑No ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(u�fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! �� Bond Verification �' r� M&C