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HomeMy WebLinkAboutContract 58567 FORTWORTH. CONTRACT CSC No. 58567 FOR THE CONSTRUCTION OF 2023 CONCRETE RESTORATION CONTRACT 1 AT VARIOUS LOCATIONS City Project No. 104176 Mattie Parker David Cooke Mayor City Manager Lauren Prieur Interim Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2022 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX FORTWORTH ., '1141 City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 8 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0&454-5 A4deff& �n �nmrvi4044 00 11 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0&43-4 noii T 00 45 12 Pre qualification Statement 09/30/2021 09 n 3/202 00 45 26 Contractor Compliance with Workers'Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 08/22/2022 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01 -General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2021 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 0135 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 5713 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 04-� Produet Storage and Handling Requirements- n7/n�4 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 • CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104176 Revised June 10,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Date Division 02-Existing Conditions Modified 0241 02-41 14 Utility Remeva1hkbaadefwmfA 02-41-9 Division 03-Concrete 0140-00 Cast In Plaee4C-e� 03-34-4 n3 3n 1� �o 0 Division 26-Electrical 2646-00 Genffnen Work Results for-Eleetfie-1 26 nc 1 n �o De.-M—ellition-for-EleetFieal Systems 26 nc 3-3 Division 31 -Earthwork 3 1 n nn �o 3, 21�no Embankments 3 2c nn �o Erosion and SedimefA Cen#el 21�no Q14iAn$ 0 Ripfap Division 32-Exterior Improvements 32 n 1 rrr 1 �v 32 11 23 Flexible Base Courses 32 1 1 7n Lime e Treated Base Courses 27�-3 (`emefA T-mated Base!`.purses 324-1--P Liquid Treated Soil Stabiliz," 27 32 1 7 '72 Asphalt Paving Cr-aek SealafAss 3213 13 Concrete Paving 32 13 20 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 3' 32-1643 32 1-2- 3' • CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104176 Revised June 10,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 32--U-M Wim Fenees and Gates 324�--N Weed Fenees aa r_ 4es- 32 32 i 3291 19 Topsoil Placement and Finishing of Roadway Right-of-Ways 3 > 3' Division 33-Utilities 33-" Sewer-a*d Ma-ahele Testing 33-A4-2A 3-3-A34A Bypass Pumping of Existing Sewer Systems 33 nn i n �o 33nn ii �r B 33 nn-nn Cleaning and Areeptanee Testing of WateF Mains o 33 nn-cn Cleaning of Sewer-Mains o 33 nc i n 33--0542 Water Line Lowering 34--05-4-3 Rame, 3 nc i ni Rame, Cover-and Gffade Rings Composite 3305 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade 34-0546 r,.«..,.eke JA41#e«17...,h.. 11�T Generete Ce4a,.s 33 nc �n Auger-Ber-ing �o 33nc-2i z 34-05-2-2 Steel Casing Pipe 334)5-2-3 Hand Tunneling 33nc-2n T 33nc-2� Utility Mar-ker-s/Leeater-s o B Belts,33-9-05 Nuts, B 33 ii ii �r 33 i i i� z� Pipe,Poly-,4nyl Chloride (PVC)Pressure Pipe Bar Wrapped-, Sl 33-44-4-4 Btified Steel Pipe and Fi4ings - o 3i 33 i 2n Resil efA Seated Gate Valve �o 3442-24 3442-m Gemeefien to E*istiffgAWater-Mains 33 i �n Gembina4ion-Ak-Valve Assemblies for-Potable WatepSystems �o 33 12 �non Fire Hydr-ants• CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104176 Revised June 10,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 33-34-44 Fiber-glass Reinforeed Pipe for Gm4ty Sanitary Sewers 33 3i �n Poly-,4nyl Chloride (PVC)Cffa--v4ty Sanitary Sewer-Pipe �o �z Pe�nyl Chloride (PVC)Closed Profile Cffm4ty Sanitary Sewe Ape 344�--� Sanitary Sewer-Slip biniffg 33 3i 2-3 Sanitary Sewer-Pipe EnIaFgemerA 33 3i cn �o Sanitary Sewer-SetMee Cenneefiens and SetMee Line 3443-- 9 33 39 3n �o 33-39-4no Wastewater-Aeraess Chamber-(*Akq 34-39-Fi9 33-44 49 33ni ii High Density Polyethylene(HDPE)A, for-StemD - i �r 33 ni-i� z 33 ni i3 pelypr-epylege-pipe for-Stem D 33 6-99 Subdmigage 33 n6 0 �z 334940 Cast in Plaee Manholes and Junefien Boxes � 33-49-20 Curb and Df9p4gk4s 33-49 49 Division 34-Transportation 344440 T-r-affie Sign.-Is � 3A Amain A#--aer-h-mefftA Goff tfener EaNfiei 3 nt tnn2 3n ni inns 3n ni-ii r 334 4--1-5 3 ni 2n Roadway lib—m-ina4ion Assemblies �o 34 n i 2n ni AAeFial LED Roadway Luminair-es 3n nt � 3n 4 2n n� �v3 ResidefAW LED Roadway buminair-es- 34 4130 � 3471 13 Traffic Control Special Specification 99 99 00 Geogrid Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httv:Hfortworthtexas.eov/tpw/contractors/ or • CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104176 Revised June 10,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 8 https:Happs.fortworthtexas.,aov/Proi ectResources/ Division 02-Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 0 n i i n 12/20QO I- v�T rtrzvrroiz 0241 15 Paving Removal 02/02/2016 Division 03-Concrete 03 3n i 3e. Q/20/20 r /�ii 034w-w r /�ii Division 26-Electrical 2&45-00 n3/�z 2'r 40 r /�ii 2 nc n2 n�/ni/20i i zv-v�-�� mTo�rsoiz 2 nc cn Genmmmiea4iens Multi DwOgen&4 02/26/2016 Division 31 -Earthwork AAA- 0 Site CleaFing 03/22/2024 3123 16 Unclassified Excavation 01/28/2013 34-23-23 13effew nr/o�vi3 34-2440 EfftbaakfnefAs nr/o�vi3 21 nn/29/2024 3 —36-00 Ck'Nen-S 1 7/7 i 31 37 nn Q/20/20Q �-rT--vv rtravrzoiz Division 32-Exterior Improvements "�T 12/20/2012 320 12/20/2012 "�$ Generete Payigg4tepaif 12/20/2012 3 Flexible Base r,.., sess 12/20/2012 9 Lime e Tr-e 4ea 4ase r,.ufses- 12/20/2012 17�-3 r•emefA TFeate Bases C-A-1 .so's 06/10/2022 " T 08/21/2015 6 12/20/2012 3 12/20/2012 3 06/10/2022 "�0 12/09/2021 32�"-7-3 12/20/2012 3244-4-6 12/20/2012 3 06/10/2022 32 17 23 Pavement Markings 06/10/2022 32 17 25 Curb Address Painting 11/04/2013 Wim>renees ,tea r to l /�Q • CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104176 Revised June 10,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 8 323449 Wood Fenees ,na Gates »i�ti 0 i05Q0-1a 32 of i o 03/1 i 02 �� �z 32 92 13 Sodding 05/13/2021 4 nci�2t 32-9343 i2/20Q0i2 Division 33-Utilities 33-AB n ins$ 33-0 A n3/v�i 3349 32 03 i�z 33 n2 i n i 2/20Qn i 2 T✓--v�-Tv rtravrzoiz 33 nn i n Q i20a r i�ii 414442 Magnesium Anode Cathodic,Rmteetion '�"'�ti 33 nn 2n 0WO O i T✓--vr�v mTo�rsoiz 33 nn n n OV06 013 T✓--vnv vzrvvrso.� 33 n > 02z�nnco 03� B nn ins 3305 13 Frame, Cover and Grade Rings 12/09/2021 3305 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to 03/11/2022 Grade 3305 16 Concrete Water Vaults 12/20/2012 3305 17 Concrete Collars 03/11/2022 32 nc 7n i2/20Qni2 T✓--v�-zv rtravrzoiz 33 nc 2 iLineFQ/20 0 33-05-2-2 Steel Casing Pipe r i�ii 334)5-2 i i�ii 33 nc 2nCaFr-ier- 06/19QO13 33 nc 26 Q/20 0Q B r i�44 3344-0-5 Belts,Nuts,-and-Gaskets r 2 iii B Duefile lfea44pe0Q0Q 22 i i i i 09/20 0i'7 �r o�rsvrso�-r 33 i i i 2Pressure11/16Qn�o 334444 Generete Pressure Pipe,Bar W-fapped, Steel Gy4inder-Type r i�ii 344444 Btified Steei Pipe and Fiaiffgs Q/20Q01i Iry 02r14rsvi-r i' "�i2 3442-2-47 04/23QOW �5JWeAer- m ins 3 2 12 2 n i 2/20Qn i 2 �v rtravrzoiz 32 12 nn OV03Q014 �v oiro�r-roi� 8 r ii 33-40 06 i �3 ��ti • CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104176 Revised June 10,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of 8 33-34-44 Fiber-glass Reinforeed Pipe for Gm4ty Sanitary Sewers t / 4-2- 5JPelyeflWleaenn , 32 3t 7nSanitary06/1940 2 333121 Pe�nl Chloride (PVC)Closed Profile Sanit t�/ten/�nt2 Pipe � rtravrzoiz 344�--� Sanitaryt / i 33 3 72 i2/2040t7 �rz� rtravrzoiz 33 2 t cnSanitary04/26QO 3 34-34-70 t 2/�i2 32 30 2n Q/2n/�nt� �v rtravrzoiz 33-39 40Wastewater- i 2/7 i 0 nn/vim 29QO24 B n /nm7,of ao i i 32 n t t t Q/2n/�nt 2 �r rtravrzoiz 33 17 ntc �Atz rrr tt/t2/7r✓r-soi� 33 2 /7n77 �n tt� 06/t n�z 0 SubdraimW t 2/�i2- 32 4� 0 n7/nt/ant t T✓-�v-vz mTo�rsoiz 33 no to Cast in Plaee Manholes and Junefien Boxes t2/20QnQ A Curb and Df9p4glets, n2/t�z AStefm07/no„N Q0 4 Division 34-Transportation 24 nt to n2/tt O22 �o �z 3444t n nt n b tt Q/t o/�nt c - vz rrt4&Ermief at�'9aEf' acc irrrorroi� 2 4A A� -i Attaehmnt B Controller Speeifieation 0240i2 2 n n�03 AAaehmefA C Seftwam Speeifieatien n t�2 344444 empeFar-yr-atfieignalstt/22ant2 2n n2/tai A Roadway Mumination Assemblies t 2/�i-2 34 nt 2n nt 06/tc/�nt5 �vT vvrr✓rroi� 24 nt� Freeway06/154015 34 nt 2n n2ir-esway06/15Q09 2^ Ahffninumgns, 11/,�13 2nFiber- 02/ -6 3 7 1 2 03/22402 t Appendix GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GN-1.0 General Notes SD-1.0 Standard Construction Details PQ-1.0 Project Map and Quantity END OF SECTION • CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104176 Revised June 10,2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 8 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions Last Revised 00 05 10 Mayor and Council Communication 07/01/2011 00 11 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 nn nc i i ersens- 09n 3/2ni i 00 45 12 Pre qualification Statement 09/30/2021 nn nc 1� 0843/202 �� vvrr�rs:v�.z 00 45 26 Contractor Compliance with Workers'Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 11/23/2021 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01 -General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2021 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 0135 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 0158 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 0 n�ins 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 • CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104176 Revised June 10,2022 City of Fort Worth, Texas Mayor and Council Communication DATE: 11/29/22 M&C FILE NUMBER: M&C 22-1000 LOG NAME: 2023 CONCRETE RESTORATION CONTRACT 1 SUBJECT (CD 5 and CD 8)Authorize Execution of a Contract with Makou, Inc.,in the Amount of$1,375,745.00 for 2023 Concrete Restoration Contract 1 at Various Locations RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Makou, Inc.,in the amount of$1,375,745.00 for 2023 Concrete Restoration Contract 1 Project(City Project No. 104176)at various locations. DISCUSSION: In the Fiscal Year 2023 Pay-Go Contract Street Maintenance Program,various types of street maintenance are grouped into specific contract packages.The 2023 Concrete Restoration Contract 1 provides for the repair and reconstruction of failed concrete pavement at three locations listed below under the Contract Street Maintenance Program(City Project No. 104176). Street From �To ][Square Yards Campus Drive Seminary Drive Mansfield Highway 1,723 Campus Drive(north bound) Seminary Drive East Loop 820 6,286 FAA Boulevard Amon Carter Boulevard Buckingham Road 4,136 Total 12,145 Construction for this project is expected to start in winter 2022 and be completed by summer 2023. Upon completion of the project there will be no anticipated impact on the General Fund operating budget. The project was advertised for bid on July 21,2022 and July 28,2022 in the Fort Worth Star-Telegram. On August 18,2022 the following bids were received: Bidders Amount Makou,Inc $1,375,745.00 Urban Infraconstruction, LLC $1,605,940.00 Capco Concrete Structures, LLC $1,850,675.00 Funding is budgeted in the TPW Highway&Streets Department's General Capital Projects Fund for the purpose of funding the 2023 Concrete Restoration Contract 1 project,as appropriated. M/WBE OFFICE—Makou, Inc.is in compliance with the City's Business Equity Ordinance by committing to 100%Business Equity participation on this project.The City's Business Equity goal on this project is 20%.Additionally, Makou, Inc.is a certified M/WBE firm. This project is located in COUNCIL DISTRICTS 5 and 8. 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 2023 Concrete Res Contract 1 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. Submitted for City Manager's Office by. William Johnson 5806 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 0011 13 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of 2023 CONCRETE RESTORATION CONTRACT 1,City project No. 104176 will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST,Thursday,August 18,2022 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth,Texas 76102 Bids will be accepted by: US Mail,Courier,FedEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the(approximate)following: 12,145 SY Remove Concrete and Replace with 7"Concrete Pavement HES 1,200 CY Flex Base 5,000 SY Geogrid DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthtexas.goy/purchasing/and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from Nikki McLeroy, 817- 392-8363. City of Fort Worth,TPW,200 Texas St.,Fort Worth,TX 76102. The cost of Bidding and Contract Documents is: $30.00 EXPRESSION OF INTERSEST To ensure potential bidders are kept up to date of any new information pertinent to this project,all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ 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: Wednesday,August 3,2022 TIME: 10.00 A.M. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104176 Revised 7/19/2021 0011 13 INVITATION TO BIDDERS Page 2 of 2 Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. 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 can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below.Emailed questions will suffice as"questions in writing."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. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from bonds,grants etc. and reserved by the City for the Project. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Tariqul Islam,City of Fort Worth Email: triqul.islamAfortworthtexas.gov ADVERTISEMENT DATES July 21, 2022 July 28, 2022 END OF SECTION CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104176 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS Page 1 of 8 SECTION 00 2113 INSTRUCTIONS 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 performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided)makes an award. 2. Copies of Bidding Documents 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2.City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders(Prime Contractors and Subcontractors)OMITTED 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 4.1.Before submitting a Bid, each Bidder: 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. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104176 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 8 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. 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 permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104176 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 8 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. 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii)that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means,methods,techniques, sequences or procedures of construction(if any)that may be shown or indicated or expressly required by the Contract Documents, (iii)that Bidder has given City written notice of all conflicts,errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder,and when said conflicts, etc.,have not been resolved through the interpretations by City as described in Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and 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. 5. Availability of Lands for Work,Etc. 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104176 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 8 5.2.Outstanding right-of-way, easements,and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained,the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way,easements,and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth,TX 76102 Attn: Tariqul Islam, Transportation and Public Works Email: tariqul.islam@fortworthtexas.gov Phone: 817-392-2486 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3.Addenda or clarifications may be posted via the City's electronic document management and collaboration system at https://docs.b360.autodesk.com/snares/03el4a49-8dbf- 41 bd-a3f1-24fdb52cOe30 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1.Each Bid must be accompanied by 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. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104176 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 8 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 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with 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:HcodelibLM.amlegal.com/codes/ftworth/latest/ftworth tx/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; additional copies maybe obtained from the City. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104176 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 8 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives,the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required.All entries shall be legible. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner,whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope,marked with the City Project Number,Project title,the name and address of Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope with the notation"BID ENCLOSED" on the face of it. 14. Withdrawal of Bids CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104176 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 8 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids.A timely withdrawn bid will be returned to the Bidder or,if the request is within one hour of bid opening,will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn"and will be given no further consideration for the award of contract. 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 nonconforming,nonresponsive,unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. 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. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104176 Revised/Updated November 2,2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 8 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications,and financial ability of Bidders,proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization,work of a value not less than 35%of the value embraced on the Contract,unless otherwise approved by the City. 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the 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 httys://www.ethics.state.tx.us/data/forms/1295/1295.lDdf 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 Project 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 CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No.104176 Revised/Updated November 2,2021 0035 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) https://www.ethics.state.tx.us/data/forms/confIict/C IS.pdf ❑ CIQ Form does not apply ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply CIS Form is on File with City Secretary 0 CIS Form is being provided to the City Secretary BIDDER: By: MAQSOOD KHAN MAKOU INC. Signature: IL4 Title: PRINCIPAL END OF SECTION CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 104176 Revised February 24,2020 Copy of 00 41 00 Bid Proposal conc rest 23 0041 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o:The Purchasing Division 200 Texas Street City of Fort Worth,Texas 76102 FOR: 2023 CONCRETE RESTORATION CONTRACT 1 AT VARIOUS LOCATIONS City Project No.: 104176 Units/Sections: 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. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 104176 Revised 9/30/2021 Copy of 00 41 00 Bid Proposal conc rest 23 0041 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. Not Applicable b. Not Applicable c. Not Applicable d. Not Applicable e. Not Applicable f. Not Applicable g. Not Applicable h. Not Applicable 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 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 FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 104176 Revised 9/30/2021 Copy of 00 41 00 Bid Proposal cone rest 23 0041 00 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. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Total Bid $1,375,745.00 7. Bid Submittal This Bid is submitted on 8/18/2022 by the entity named below. Respectfully submitted, Receipt is acknowledged of the Initial following Addenda: By: Addendum No. 1: (Signature) Addendum No.2: /� Addendum No. 3: NIA /H MAQSOOD KHAN JAddendum No.4: (Printed Name) Title: PRINCIPAL Company: MAKOU INC. Corporate Seal: Address: 7100 S. COOPER ST.#15 ARLINGTON,TX. 76001 State of Incorporation: TEXAS Email: makouinc@gmail.com Phone: 817-798-5426 END OF SECTION CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 104176 Revised 9/30/2021 Copy of 00 41 00 Bid Proposal conc rest 23 0a 42 43 ' Hm PROPOSAL Pogc I of I SECTION 00 42 43 PROPOSALFORM MAKOU INC. UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Description Specification Section Unit of Bid Unit Price Bid Value Item No. No. Measure Quantity 1 0135.0201 Remobilization 01 70 00 EA 1 $500.00 $500.00 2 3471.0002 Portable Message Sign 3471 13 WK 24 $300.00 $7 200 00 3 9999.0000 Remove and Replace 6"Concrete Driveway 02 41 13/32 13 20 SF 1,100 $12.00 $13,200.00 4 9999.0000 Remove Concrete and Replace with 7"Concrete Pavement HES 02 41 15/32 13 13 SY 12,145 $91.00 $1 105,195.00 5 3123.0101 Unclassified Excavation 3123 16 CY 200 $25.00 $5,000.00 6 3211.0122 Flex Base,Type A,GR-2 32 11 23 CY 1,200 $50.00 $60,000.00 7 3213.0208 Concrete HES(extra depth) 32 13 13 CY 150 $I80.00 $27 000.00 8 3292.0100 Block Sod Placement 32 92 13 SY 2,000 $q 00P$3 9 3291.0100 Topsoil 3291 19 CY 100 $35.0010 3213.0700 Joint Sealant 321373 LF 2,000 $4.00I1 3305.0108 Miscellaneous Adjustment(Utilities) 330514 LS 1 $5,000.0012 9999.0000 Geogrid Tensar(TRIAX 140.475)or Approved equal 999900 SY 5,000 $2.50 13 3217.2001 Raised Marker TY W 32 17 23 EA 200 $5.00 $1,000.00 14 3217.2002 Raised Marker TY Y 32 1723 EA 200 $5.00 $1,000.00 15 3217.2101 REFL Raised Marker TY I-A 32 17 23 EA 100 $5.00 $500.00 16 3217.2102 REFL Raised Marker TY I-C 32 17 23 EA 100 $5.00 $500.00 17 3217.2103 REFL Raised Marker TY II-A-A 32 17 23 EA 100 $5.00 $500.00 18 3217.2104 REFL Raised Marker TY II-C-R 32 1723 EA 100 $5.00 $500.00 19 3441.1301 Loop Detector Cable Sawcut 3441 10 LF 600 $12.00 $7,200.00 20 3441.1302 14 AWG Loop Detect Cable 3441 10 LF 600 $5.00 $3 000.00 21 3217.0001 4"Solid Thermoplastic(HAS)Lane Line 32 17 23 LF 1,000 $5.00 $5,000.00 22 3217.0201 6"Solid Thermoplastic(HAS)Lane Line 32 17 23 LF 400 $6.00 $2,400.00 23 3217.0301 8"SLD Pvmt Marking HAE 32 1723 LF 400 $8.00 $3,200.00 24 3217.0401 18"SLD Pvmt Marking HAE 32 17 23 LF 400 $10.00 $4,000.00 25 3217.0501 24"SLD Pvmt Marking HAE 32 17 23 LF 800 $12.00 $9,600.00 26 3213.0501 Remove and Replace Barrier Free Ramp,Type P-1 02 41 13132 13 20 EA 2 $2,500.00 $5,000.00 27 3213.0501 Remove and Replace Barrier Free Ramp,Type R-1 02 41 13/32 13 20 EA 2 $3,000.00 $6,000.00 28 3213.0501 Remove and Replace Barrier Free Ramp,Type M-1/M-2 02 41 13/32 13 20 EA 2 $2,500.00 $5,000.00 29 9999.0000 Remove and Replace 4"Sidewalk 02 41 13/32 13 20 SF 450 $10.00 $4,500.00 30 3305.0106 Manhole Adjustment,Major 3305 14 EA 2 $500.00 $1,000.00 31 3217.5001 Curb Address Painting 32 17 25 EA 10 $75.00 $750.00 32 9999.0096 Paving Construction Allowance EA 1 $50,000.00 $50 000.00 Total Bid $1,375,745.00 END OF SECTION CITY OF FORT WORTH 2O23 CONCRUE RPSTORATION CONTRACT I STANDARD CONSTRUCTION SPL'CIFICATION DOCUMGNIS 104176 Re,i.d 9/.M021 Copy of00 4100 Rid P."I-,.123 00 43 13 BID BOND Page 1 or 1 SECTION 00 4313 BID BOND KNOW ALL BY THESE PRESENTS: That we, Makou,Inc. ,known as "Bidder"herein and Oklahoma Surety Company a corporate surety duly authorized to do business in the State of Texas,known as"Surety'herein,are held and firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of Texas,known as"City"herein,in the penal sum of five percent(6%)of Bidder's maximum bid price,in lawful money of the United States,to be paid In Fort Worth, Tarrant County,Texas for the payment of which sum well and truly to be made,we bind ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally,firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 2023 CONCRETE RESTORATION CONTRACT 1 AT VARIOUS LOCATIONS NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal,and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same,then this obligation shall be and become null and void.If,however,the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract,this bond shall become the property of the City,without recourse of the Principal and/or Surety,not to exceed the penally hereof,and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant County, Texas or the United Stales District Court for the Northern District of Texas,Fort Worth Division. IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 18th day of August ,2022. - INCIPA: akou, nc. _ BY: Signa re ATTEST: M/k 62�rDYj ^"�' �IU NLfQ�� Witness as to Principal Name and Title Address: 7100 S.Cooper#15 Arlington.TX 76001 SURETY: Oklahoma Suretv Com amy g ure Brent M.Blonigan,Attorney-in-Fad Name and Title Address: 1437 South Boulder,Suite 200 Tulsa.OK 74119 WI ness t Sur Telephone Number: 918-587-7221 Angie As ran,Client Manager Attach Power of Attorney(Surety)for Attorney-in-Fact 'Note: if signed by an officer of the Surety Company,there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Suretys physical address is different from its mailing address,both must be provided.The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CRYOF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 104170 RM 9PJ0/2021 004100 Bid Prq-d Workbook ®KCAL®MA SURETY COMPANY 1437 South Boulder, Suite 200, Tulsa, Oklahoma 74119 • Ph: 918-587-7221 . Fax: 918-588-1296 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Oklahoma Surety Company,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named.its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety.any and all bonds,undertakings and contracts of suretyship_or other written obligations in the nature thereof. Brent M. Blonigan. Raul F.Campa. Rob Dreiling, Debbie Palmer, Kara Pierce,all of RICHARDSON,TX. IN WITNESS WHEREOF.the Oklahoma Surety Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20 day of September.2021. j off: „voa '.cCi ;K•, SEAL -o. OKLAHOMA SURETY COMPANY ATTEST: Sharon Hackl,Assistant Secretary Todd Bazata,Vice President On this 20 day of September, 2021 before me personally appeared Todd Bazata,to me known.being duly sworn.deposes and says that s/he resides in Broken Arrow.Oklahoma.that s/he is a Vice President of Oklahoma Surety Company.the company described in and which executed the above instrument:that sihe knows the seal of the said Company:that the seal affixed to the said instrument is such corporate seal:that it was so affixed by authority of her'his office under the By-Laws of said Company.and that s/he signed his name thereto by like authority. Nitary?uoiic Commission# • 11008253 STATE OF OKLAHOkIA State of Oklahoma i JULIE CALLAHAN SS �.. TULSA COUNTY Nly Commission Expires: 09-08-23 COMU'SS;ON it't009253 COUNTY OF TULSA Cornm.E,i.09-08-2023 Julie Callahan.Notary Public This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Oklahoma Surety Company by unanimous written consent dated September 25,2009. RESOLVED That the President.the Executive Vice President.the several Senior Vice Presidents and Vice Presidents or any one of them.be and hereby is authorized.from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company.as surety any and all bonds.undertakings and contracts of suretyship.or other written obligations in the nature thereof:to prescribe their respective duties and the respective limits of their authority:and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond. undertaking.contract of suretyship.or other written obligation in the nature thereof such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I.Sharon Hackl.Assistant Secretary of Oklahoma Surety Company.do hereby certify that the foregoing Power of Attorney and the Resoiutions of the Board of Directors of September 25.2009 have not been revoked and are now in full.force and effect. SEAL 2 o f� Signed and sealed this/ day of Sharon Hack[,Assistant Secretary MID-CONTINENT GROUP Surety Bond'Seal Addendum Mid-Continent Casualty I Oklahoma Surety Oklahoma Surety Company During the COVID-19 pandemic, the use of traditional raised corporate seals has been made impractical due to government stay-at-home orders and social distancing guidelines. As a result, Oklahoma Surety Company has authorized its Attorneys-in-Fact to affix Oklahoma Surety Company's corporate seal to any bond or related instruments executed on behalf of Oklahoma Surety Company by any such Attorney-in-Fact by attaching this Addendum to said bond or related instrument. To the extent this Addendum is attached to a bond or related instrument that is executed on behalf of Oklahoma Surety Company by its Attorney-in-Fact, Oklahoma Surety Company agrees that the seal below shall be deemed affixed to said bond or related instrument to the same extent as if its raised corporate seal were physically affixed to the face of the bond or related instrument. Dated this Vt day of April, 2020 : .SEAL : > - Ci H By: I �..L Todd Bazata Vice President MM-CONTINENT CASUALTY COMPANY OKLAHOMASURETY COMPANY STATE OF TEXAS CLAIM NOTICE ENDORSEMENT In accordance with Section 2253.021 (f)of the Texas Government Code and Section 53.202(6)of the Texas Property Code, any notice of claim to the named surety under this bond(s)should be sent to: Mailing: MID-CONTINENT CASUALTY COMPANY OKLAHOMA SURETY COMPANY P.O. BOX 1409 TULSA, OK 74101 TELEPHONE NO. 1-800-722-4994 FAX NO. 1-918-586-0840 E-MAIL: CLAIMIS@MCG-INS.COM Physical: 1437 S. BOULDER SUITE 200 TULSA, OKLAHOMA 74119 ATTACH THIS NOTICE TO YOUR BOND UPON EXECUTION OF THE BOND TXcimerdsmW 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications.The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. O BIDDER: By: MAQSOOD KHAN MAKOU INC. Signature) Title: PRINCIPAL Date: 8/18/2022 END OF SECTION CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 104176 Revised 9/30/2021 Copy of 00 41 00 Bid Proposal cone rest 23] 00 45 12 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: 0 By: 0 0 0 ( nature) 0 Title: 0 �2<&VC-4 AA-4-- Date: B�ri9'�?�y END OF SECTION CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 104176 Revised 09/30/2021 Copy of 00 41 00 Bid Proposal cone rest 23 CONTRACTOR COmpUANCE W11H 0045 26-I WOftKEIR'3 CONDENSATION LA W Page 1 of 1 SECTION 00 45 26 2 CON7RAC'M COMPLIANCE WITH WORKpR'S COMPENSAT10N LAW 3 Pursuant to Texas Labor Cade Section 4G6,496(a).as amended,Contractor certifies that it 4 provides worker's compensation irlsurance coverage for all of its empioyees employed on City 5 Project No. 104176 Contractor further cettifes that, pursuRnt to Texas Labor Cade,Section 406.096(b),as amended,it will Provide to City its subcontmetor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR, 10 it By: i+Pt 12 company AN 13 (Please Mnt) 14 15 Addressss I 1 Signature: l5 — — s t�1 U SON ? ftIkrc J�14 Gj Ci off_ Title- is City/swe0p 1.q (Please Print) 20 21 THE STATE OF TEXAS 22 23 COUNTY OF TARRANT � 24 25 BEFORE MF,the undersigned authority,on this day personally appeared 26 Sb6b ,known to me to be the person whosc name is 27 subscribed Io tTie foregoing instrument,and acknowledged to me that he/she Mcated the same as 23 the act and dued of I "C 2 consideraiioil therein expressed and in the capacity therein statedfor the purposes and 30 31 GIVEN EN UNDER MY HAND AND SEAL OF OFFICE this '�'� 32 p4�CF ,p , 2 0 day of 33 34 35 6hahetr Ahrnad Xhan hiy Commissipm ExpJrma 1011012026 Nets Pnhlie in and for the State of Texas 37 Natery IDI2sS?�173 38 END OF sEcnON 39 CFTY OF FONT WORTH STANDARD CONSTRUCTION SPECFECATION DOCUMENTS 2023 CONCRETE KUTORATION CO\'TRACT Rrvised July 1,2flt M Y PROJECT.#D.104176 00 45 40-1 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-, and/or 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:HcodelibrM.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EQUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 20% 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. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REOUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date,exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent,if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal,or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Prot6g6 Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Prot6g6 participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 https:Hgos.fortworthtexas. og v/ProjectResources/ResourcesP/60-MWBEBusiness Equity Utilization 46 Form_DVIN 2022 220324.pdf 47 48 Letter of Intent CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104176 Revised October 27,2021 004540-2 Business Equity Goal Page 2 of 2 1 https://ns.fortworthtexas. ov/ProjectResources/ResourcesP/60-MWBE/Letter of Intent_DVIN 2 2021.pdf 3 4 Business Equity Good Faith Effort Form 5 https://apps.fortworthtexas. og v/ProjectResources/ResourcesP/60-MWBE/Good Faith Effort 6 Form DVIN 2022.pdf 7 8 Business Equity Prime Contractor Waiver Form 9 hops://apps.fortworthtexas. og v/ProjectResources/ResourcesP/60-MWBE/MWBE Prime Contractor 10 Waiver-220313.pdf 11 12 Business Equity Joint Venture Form 13 hILtps://aos.fortworthtexas.gov/ProjectResources/ResourcesP/60-MWBE/MWBE Joint 14 Venture_220225.pdf 15 16 17 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL 18 RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON-RESPONSIVE AND THE BID 19 REJECTED. 20 21 22 FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE 23 COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- 24 RESPONSIVE,THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS 25 AS DESCRIBED IN SEC.20-373 OF THE ORDINANCE. 26 27 For Questions,Please Contact The Business Equity Division of the Department of Diversity and 28 Inclusion at(817)392-2674. 29 END OF SECTION 30 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.104176 Revised October 27,2021 00 52 43-1 Agreement Page 1 of 7 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on November 29, 2022, 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 Makou, 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: 2023 CONCRETE RESTORATION CONTRACT 1 CITY PROJECT NUMBER 104176 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 ONE MILLION THREE HUNDRED SEVENTY- FIVE THOUSAND, SEVEN HUNDRED FORTY-FIVE AND 00/100 DOLLARS ($1,375,745.00).Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Illy ebe complete for Final Acceptance within 180 days after the date when the Contract ime 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 Fifty 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: 1. This Agreement. CITY OF FORT WORTH 2023 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104176 Revised 8/22/2022 00 52 43-2 Agreement Page 2 of 7 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement 4) State and Federal documents(project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. 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. 9. The following which may be delivered or issued after the Effective Date of the Agreement and,if issued,become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6.INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of,the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused,in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include,without limitation,indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH 2023 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104176 Revised 8/22/2022 005243-3 Agreement Page 3 of 7 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city,its officers,servants and employees,from and against any and all loss,damage or destruction of property of the city, arising out of,or alleged to arise out of,the work and services to be performed by the contractor, its officers, agents, employees, subcontractors,licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. Article 7.MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/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. CITY OF FORT WORTH 2023 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104176 Revised 8/22/2022 00 52 43-4 Agreement Page 4 of 7 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. 7.8 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 certifies that Contractor's signature provides written verification 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. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), 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 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg.,R.S., S.B. 13, § 2). 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 boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. CITY OF FORT WORTH 2023 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104176 Revised 8/22/2022 005243-5 Agreement Page 5 of 7 Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), 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(as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). 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 firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH 2023 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104176 Revised 8/22/2022 005243-6 Agreement Page 6 of 7 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. CITY OF FORT WORTH 2023 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.104176 Revised 8/22/2022 005243-7 Agreement Page 7 of 7 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: Makou,Inc. City of Fort Worth By: By: / 1. ti1�A00��'ff2l/V William Johnson(Dec 11,2022 09:04 EST) LQL-13 lAAQSODD KHAN(Nov 29,202211:19 CST) Signature William M Johnson MAQSOOD KHAN Assistant City Manager (Printed Name) Dec 11, 2022 MAQSOOD KHAN Date Title: PRINCIPAL ? Attest: p�o Foer�0 9i 0 S 7 10 1 Cooper op r St,# 5 ��,��� �' WetteS.Goodall(Dec 12,202208• CST) Qa4 nEaA5a4� Address Jannette Goodall,City Secretary Arlington,Texas 76001 City/State/Zip (Seal) Nov 29, 2022 M&C: 22-1000 Date Date: 11-29-2022 Form 1295 No.: 2022-924843 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements, .a. Tariqul Islam(Nov 29,2022 11:22 CST) Tariqul Islam Project Manager Approved as to Form and Legality: WA Dglack(Dec 9,202217:24 CST) Douglas W.Black Sr.Assistant City Attorney APPROVAL RECOMMENDED: Z-Iza�PLUw OFFICIAL RECORD Lauren Prieur, Interim Director CITY SECRETARY Transportation&Public Works Department FT.WORTH,TX CITY OF FORT WORTH 2023 CONCRETE RESTORATION CONTRACT I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 104176 Revised 8/22/2022 Bond No. 1024170 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL,BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,Makou_Inc. known as"Principal"herein and 8 Oklahoma Surety Company , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas,known as"City"herein,in the penal sum of, ONE MILLION 12 THREE HUNDRED SEVENTY-FIVE THOUSAND, SEVEN HUNDRED FORTY-FIVE AND 13 00/100 DOLLARS ($1,375,745.00),lawful money of the United States,to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made,we bind 15 ourselves, our heirs, executors,administrators, successors and assigns,jointly and severally, 16 firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City is awarded the 29' day of November,2022, which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein,to furnish all materials, equipment labor and 20 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 21 as provided for in said Contract designated as 2023 CONCRETE RESTORATION CONTRACT 22 1, City Project No.104176. 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications,and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. 29 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECT NO. 104176 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 29th day of 6 November,2022 7 PRINCIPAL: 8 9 Makou,Inc. 10 11 BY: ��7 12 Si ature 13 ATTEST: 14 15A+j 16 (Principal)Secretary Name and Title 17 18 Address: 7100 S. Cooper St,# 15 19 �-�— Arlington,Texas 76001 20 21 Witness as to Principal 22 SURETY: 23 Oklahoma Surety Comfy 24 25 26 B 27 Signature 28 29 Brent M. Blonigan Attorney-in-Fact 30 Name and Title 31 32 Address: 1437 South Boulder, Suite 200 33 Tulsa, OK 74119 34 11 0,f A L nL4 35 36 -Witness s to Sw•ety Telephone Number: 918-587-7221 37 Angie Astran, Client Manager 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECT NO. 104176 OKLAHOMA SURETY COMPANY 1431 South Boulder,Suite 200,Tulsa,Oklahoma 74119 • Ph: !DiS,587-7221 ` Pax: 918.588-1296 POWER OF ATTORNEY KNOW ALL MIEN. BY THESE PRESENTS: T�Ial the Oklahoma Surely Company.a cerperanbn Grgartiir,2d and existing under and by aiHvO of the laves of the 54aie of Ohio.does hereby namina[e-consli l„te and sppeinl the parson or pemons named beY�w,eaph individually if more khan one Is named-its true and lewful attorney-infacl.for it and in 11s dame.place snd stead 10 execute On behalf of the said C ripany.as Surety.any arrd all bonds undertakings and unntrgcls of suretyship,or olhar written ublig21Fons in the nalure thereof $rent M_Bloftigarl,Raul F.Campo Rob Dreiling.Debbie Palmer. Kafa pie roe,all of I`tI CHAR DSON.TX. IN LVITNESS 4V1HEAEQF.rho Oklaitonia Surely Company has Caused these presents io ba s•gr-d and almsied by its appropriate officers arrd its corpom ul Seal hvaun[n 9frxad th,s 20 day of Saplernber 2021 o?�'ilF +•o ATTEST. MAHOMA SURETY COMPANY Sharon Hacks.Assistant Secretary Todd Bazata,Vloa Presidiani On fhi5 21)day❑f Seplerrfber,2021 befora me permwially appeared Todd flaz2la to me known,baimq duly sY,rrrn,deposes and says Ihal srhe resides in Broken Arrow.gli a cma.thai eAie is a Vine Pfesidont of Cklahoma Surety Company,the company dASCrlhed in and whir-h awacutnd the Filspw$.nstrument,chat s(he knnws lhG seal of[Ile 5-4d Company:lhal Iho seal[life iad la thn said usstrumrmt is such Cnrp4rn19 Sea];lha[i[wtr5 S@ affmxed 4 MillMrily of her.1hi5 ofk ei under IN'BY-taws Of said CampAny-Find that sfiq Signed his no Ma thereto ty lik9 aulhprilly IM ruone- Gonimissbn N l 1008253 STATE c1F f]l(LAHr74L4 QkrahafiiLI,hHAfiSOUNr'rMYrr4n1n119Sk1n Exp+ras 09.08.23 GDl}NTY QF TL1LSk f rrlpp�5!OQ ara.zoa� Jolio Callahan.Narary Public_ This Power of AIlurney i5 yr}nlea bj authority of 4119 fnlln%ninm1)reg0lulinn9 aftlad bf[hg Board of Chrectors of Cklahama Surety Company b•r un aninaorxs wri Lien c-Gns4mi dared$eptFvnbur 25 2Wq- RESOLVE{O Th.91 Ihe Presidgnl the Exetuhver Vise Presiderll Ihr:%aver.71 S9nior Vice Pr95idents find V�ff Pr6g1denl5 or any One of then, he ar5d holreby,is aulhorized Imm time to lone 1a appoint ale or more AtI&MVs-in.Fact 1i}exvWd Fin behalf of We Crrrnpnny as surely any and au trcrxf5 under!akielas and r.ov cts of surelyshi I i.cif 5thAr wriiiien Obligahoflr,rn 1110 nalsire I11ar801'.to pry$rrihe lfieu ferKflire duties and the respaclrvrr 11"ts of their aulhnrrty.anti la ramke Any such appainlnient al any lime. RESOLVED FURTHER. That Ire Company seal and the Signature of any of Ihe aforesaid uflicers and any Serreiary of AssiS1aill 5 ecrelary of thA Campan1 mny bo affixed by Iacslrnele to Orly power of afiarney or cerhfiwrale of either given for the exerrrl inn Of any hand underlaking Cr]n1r rCL of suretyship or other t.rilten obllgnocin M 1he nilitrK8 Thereof 5rFCh blgnfilure and seal wher.so uRed baanrg heraby a1 t pled by Me Cernpany As the original signature 0f rush oiiC,gr and 1ho original 5elI Of the i;nmflany In he valid and trndirlg uimn ihm}Company wish 411e same farts end effad as lhougb nlanrIAlly afirxed CERTIFICATION I,Sharon Hackl.Assistant Secretary of Oklahoma surety Company do hareby certify Thai the 1-90ing Power of Attornay and 9%19 R2GnInflon5 of Ihe Raard nt D,ieclors of S9plember 25,�Pag l+�jve no[bee-•e,.oked and a(e now mn frill force and eiffect cif�,•v-• ++�• �' 5`9n[ed and sealed 01.s or Sharon Hackl.ASSrstaRt Secretary /kTA\ MID-CONTINENT GROUP Surety Band Seal Addendurn Mid-Continent Casualty i Oklahoma Surety Oklahoma Surety Company During the COVID•19 pandemic, the use of traditional raised corporate seals has been mare impractical due to government stay-at-home orders and social dlstarncing guidelines. As a result, Oklahoma Starety Company has authorized its Attorneys-in-Fact to affix Okiahoma Surety Company's corporate seal to arty band or related instruments executed on 6ehaif of Oklahoma Surety Company by any such Attorney•in-Fact by attaching this Addendum to said bond or related instrument. To the extent this Addendum is attached to a bond or related instrument that is executed or) behalf of Oklahoma Surety Company by Its Attorney-in-Fact, Oklahoma Surety Company agrees that the seal below Shall be deemed affixed to said bond or related instrument to the same extent as if its raised corporate seal were physicai€y affixed to the face of the bond or related instrument. Dated this I" day of April, 2020 yS L``L''kii1771•Ilr � BEAD rI 4 f • • ,1 C}HIS? IrrJi1•} i1,y By +� C4 Todd Baaata VICQ President M|O-CONTINENT CASUALTY COMPANY OKL&HOAARURETY COM/ANN ST&TEQ[TEXAS {[4 n| N0110E[\l1lkSRN|ENT 5 k card a£v»ihS ect c] £m| (Jofjh ins§overn men r Code mdRcc6m 53.202(61 of the ,� � yE $ mltl�por:lc to the mmd&m% lhis bei id(gd�e bt«mi MIig: H m w]IXr\] EaaR L Y('yPAKY OKLAHOMA NERETY COMPANY p0. BOX 1409 T EI OK In T! L[m|OmE\0. 1-800-722- 4 FAX No E9R a%-DS40 f 9AH, EEAR1&GNTUG-INS M.Nj 1%q 5 147 % 81 [DFR S E|IE ?) I rI i% (KI &H n w A 94111i K] &E2 TI|SNUTICETQ QLkBOND UPON EX£CUT|ONOF THE BONA) R !_o Bond NO. 1024170 0061 14-1 PAYMENT BOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Makou, Inc. known as "Principal" herein, and 8 Oklahoma Surety Company , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of ONE MILLION THREE HUNDRED SEVENTY-FIVE THOUSAND, SEVEN 13 HUNDRED FORTY-FIVE AND 00/100 DOLLARS ($1,375,745.00), lawful money of the 14 United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 15 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns,jointly and severally,firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 20 day of November. 2022, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as 2023 CONCRETE RESTORATION CONTRACT 1,City Project No.104176. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Govermnent Code, as amended)in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECT NO. 104176 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 29th day of 3 November 20 22 4 PRINCIPAL: Makou,Inc. ATTEST: BY: Y �H �-- Signature (Principal) Secretary Name and Title Address: 7100 S. Cooper St,4 15 Arlington,Texas 76001 Witness as to Principal SURETY: Oklahoma Surety Company ATTEST: BY: Signature Brent M. Blonigan,Attorney-in-Fact (Surety) Secretary Name and Title Address: 1437 South Boulder, Suite 200 0 Tulsa, OK 74119 Witness to Surety Angie Astran, Client Manager Telephone Number: 918-587-7221 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 i j CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECT NO. 104176 OKLAHOMA SURETY COMPANY 1431 South Boulder,Suite 200,Tulsa,Oklahoma 74119 • Ph: !DiS,587-7221 ` Pax: 918.588-1296 POWER OF ATTORNEY KNOW ALL MIEN. BY THESE PRESENTS: T�Ial the Oklahoma Surely Company.a cerperanbn Grgartiir,2d and existing under and by aiHvO of the laves of the 54aie of Ohio.does hereby namina[e-consli l„te and sppeinl the parson or pemons named beY�w,eaph individually if more khan one Is named-its true and lewful attorney-infacl.for it and in 11s dame.place snd stead 10 execute On behalf of the said C ripany.as Surety.any arrd all bonds undertakings and unntrgcls of suretyship,or olhar written ublig21Fons in the nalure thereof $rent M_Bloftigarl,Raul F.Campo Rob Dreiling.Debbie Palmer. Kafa pie roe,all of I`tI CHAR DSON.TX. IN LVITNESS 4V1HEAEQF.rho Oklaitonia Surely Company has Caused these presents io ba s•gr-d and almsied by its appropriate officers arrd its corpom ul Seal hvaun[n 9frxad th,s 20 day of Saplernber 2021 o?�'ilF +•o ATTEST. MAHOMA SURETY COMPANY Sharon Hacks.Assistant Secretary Todd Bazata,Vloa Presidiani On fhi5 21)day❑f Seplerrfber,2021 befora me permwially appeared Todd flaz2la to me known,baimq duly sY,rrrn,deposes and says Ihal srhe resides in Broken Arrow.gli a cma.thai eAie is a Vine Pfesidont of Cklahoma Surety Company,the company dASCrlhed in and whir-h awacutnd the Filspw$.nstrument,chat s(he knnws lhG seal of[Ile 5-4d Company:lhal Iho seal[life iad la thn said usstrumrmt is such Cnrp4rn19 Sea];lha[i[wtr5 S@ affmxed 4 MillMrily of her.1hi5 ofk ei under IN'BY-taws Of said CampAny-Find that sfiq Signed his no Ma thereto ty lik9 aulhprilly IM ruone- Gonimissbn N l 1008253 STATE c1F f]l(LAHr74L4 QkrahafiiLI,hHAfiSOUNr'rMYrr4n1n119Sk1n Exp+ras 09.08.23 GDl}NTY QF TL1LSk f rrlpp�5!OQ ara.zoa� Jolio Callahan.Narary Public_ This Power of AIlurney i5 yr}nlea bj authority of 4119 fnlln%ninm1)reg0lulinn9 aftlad bf[hg Board of Chrectors of Cklahama Surety Company b•r un aninaorxs wri Lien c-Gns4mi dared$eptFvnbur 25 2Wq- RESOLVE{O Th.91 Ihe Presidgnl the Exetuhver Vise Presiderll Ihr:%aver.71 S9nior Vice Pr95idents find V�ff Pr6g1denl5 or any One of then, he ar5d holreby,is aulhorized Imm time to lone 1a appoint ale or more AtI&MVs-in.Fact 1i}exvWd Fin behalf of We Crrrnpnny as surely any and au trcrxf5 under!akielas and r.ov cts of surelyshi I i.cif 5thAr wriiiien Obligahoflr,rn 1110 nalsire I11ar801'.to pry$rrihe lfieu ferKflire duties and the respaclrvrr 11"ts of their aulhnrrty.anti la ramke Any such appainlnient al any lime. RESOLVED FURTHER. That Ire Company seal and the Signature of any of Ihe aforesaid uflicers and any Serreiary of AssiS1aill 5 ecrelary of thA Campan1 mny bo affixed by Iacslrnele to Orly power of afiarney or cerhfiwrale of either given for the exerrrl inn Of any hand underlaking Cr]n1r rCL of suretyship or other t.rilten obllgnocin M 1he nilitrK8 Thereof 5rFCh blgnfilure and seal wher.so uRed baanrg heraby a1 t pled by Me Cernpany As the original signature 0f rush oiiC,gr and 1ho original 5elI Of the i;nmflany In he valid and trndirlg uimn ihm}Company wish 411e same farts end effad as lhougb nlanrIAlly afirxed CERTIFICATION I,Sharon Hackl.Assistant Secretary of Oklahoma surety Company do hareby certify Thai the 1-90ing Power of Attornay and 9%19 R2GnInflon5 of Ihe Raard nt D,ieclors of S9plember 25,�Pag l+�jve no[bee-•e,.oked and a(e now mn frill force and eiffect cif�,•v-• ++�• �' 5`9n[ed and sealed 01.s or Sharon Hackl.ASSrstaRt Secretary /kTA\ MID-CONTINENT GROUP Surety Band Seal Addendurn Mid-Continent Casualty i Oklahoma Surety Oklahoma Surety Company During the COVID•19 pandemic, the use of traditional raised corporate seals has been mare impractical due to government stay-at-home orders and social dlstarncing guidelines. As a result, Oklahoma Starety Company has authorized its Attorneys-in-Fact to affix Okiahoma Surety Company's corporate seal to arty band or related instruments executed on 6ehaif of Oklahoma Surety Company by any such Attorney•in-Fact by attaching this Addendum to said bond or related instrument. To the extent this Addendum is attached to a bond or related instrument that is executed or) behalf of Oklahoma Surety Company by Its Attorney-in-Fact, Oklahoma Surety Company agrees that the seal below Shall be deemed affixed to said bond or related instrument to the same extent as if its raised corporate seal were physicai€y affixed to the face of the bond or related instrument. Dated this I" day of April, 2020 yS L``L''kii1771•Ilr � BEAD rI 4 f • • ,1 C}HIS? IrrJi1•} i1,y By +� C4 Todd Baaata VICQ President M|O-CONTINENT CASUALTY COMPANY OKL&HOAARURETY COM/ANN ST&TEQ[TEXAS {[4 n| N0110E[\l1lkSRN|ENT 5 k card a£v»ihS ect c] £m| (Jofjh ins§overn men r Code mdRcc6m 53.202(61 of the ,� � yE $ mltl�por:lc to the mmd&m% lhis bei id(gd�e bt«mi MIig: H m w]IXr\] EaaR L Y('yPAKY OKLAHOMA NERETY COMPANY p0. BOX 1409 T EI OK In T! L[m|OmE\0. 1-800-722- 4 FAX No E9R a%-DS40 f 9AH, EEAR1&GNTUG-INS M.Nj 1%q 5 147 % 81 [DFR S E|IE ?) I rI i% (KI &H n w A 94111i K] &E2 TI|SNUTICETQ QLkBOND UPON EX£CUT|ONOF THE BONA) R !_o Bond No. 1024170 006119-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Makou,Inc. known as"Principal" herein, and 9 Oklahoma Surety Company a corporate surety(sureties,if more than 10 one) duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City"herein, in the sum of ONE MILLION 13 THREE HUNDRED SEVENTY-FIVE THOUSAND,SEVEN HUNDRED FORTY-FIVE AND 14 00/100 DOLLARS ($1,375,745.00), lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County, Texas,for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves, our heirs, executors,administrators, successors and assigns,jointly 17 and severally,f rimy by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded the 20 29`—' day of November, 2022, which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein,to furnish all materials, equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order (collectively herein, the "Work") as provided for in said contract and 24 designated as 2023 CONCRETE RESTORATION CONTRACT 1,City Project No.104176; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans,specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CPTY OP FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECT NO. 104176 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become mull and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work,it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant Comity,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECT NO. 104176 0061 19-3 MAINTENANCE BOND Pale 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 29th day of November 3 , 2022 4 5 PRINCIPAL: Makou,Inc. 6 7 8 BY: 9 Si re 10 ATTEST: 12 13 (Principal)Secretary Name and Title 14 15 Address: 7100 S. Cooper St,# 15 16 Arlington,Texas 76001 17 18 Witness as to Principal 19 SURETY: 20 Mid-Continent Casualty Company 21 22 23 BY: &Olin 24 Signature 25 26 _Brent M. Blonigan, Attorney-in-Fact 27 ATTEST: Name and Title 28 29 Address: 1437 South Boulder Suite 200 30 Surety)Secretary _Tulsa. OK 74119 31 32 33 Witnes to Surety Telephone Number: 918-587-7221 34 Angie Astran, Client Manager 35 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 36 from the by-laws showing that this person has authority to sign such obligation. If 37 Surety's physical address is different fi•om its mailing address, both must be provided. 38 The date of the bond shall not be prior to the date the Contract is awarded. 39 CPPY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1,2011 CITY PROJECTNO. 104176 OKLAHOMA SURETY COMPANY 1437 South Boulder, Suite 200, Tulsa, Oklahoma 74119 • Ph: 918-587-7221 • Fax: 918-588-1296 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Oklahoma Surety Company,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually if more than one is named,its true and lawful attorney-in-fact,for it and in its name,place and stead to execute on behalf of the said Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof. Brent M. Blonigan, Raul F.Campa, Rob Dreiling, Debbie Palmer,Kara Pierce,all of RICHARDSON,TX. IN WITNESS WHEREOF,the Oklahoma Surety Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20 day of September,2021. ''Suaei•'y- �O•• pf OR • O �S:u� - _o: SEAL iT "'OH0 OKLAHOMA SURETY COMPANY ATTEST: j4` 1 Lew Sharon Hackl,Assistant Secretary Todd Bazata,Vice President On this 20 day of September,2021 before me personally appeared Todd Bazata,to me known,being duly sworn,deposes and says that s/he resides in Broken Arrow,Oklahoma,that s/he Is a Vice President of Oklahoma Surety Company,the company described in and which executed the above instrument;that s/he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of her/his office under the By-Laws of said Company,and that s/he signed his name thereto by like authority. Pgoc Commission# 11008253 STATE OF OKLAHOMA Oklahoma SSM. ;: OUANMTY N My Commission Expires: 09-08-23 #ItooBtS7 COUNTY OF TULSA oo-oe•2oza Julie Callahan,Notary Public This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Oklahoma Surety Company by unanimous written consent dated September 25,2009. RESOLVED: That the President,the Executive Vice President,the several Senior Vice Presidents and Vice Presidents or any one of them,be and hereby is authorized,from time to time,to appoint one or more Attorneys-in-Fact to execute on behalf of the Company.as surety, any and ail bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking,contract of suretyship,or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I,Sharon Hackl,Assistant Secretary of Oklahoma Surety Company,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of September 25,2009 have not been revoked and are now in full force and effect. Y' = `opron�FC;; SEAL 2 Signed and sealed this ( day ofWD)tDnrA WV- ( Sharon Hackl,Assistant Secretary /AkT1\ MID-CONTINENT GROUP Surety Bond Seal Addendum Mid-Continent Casualty i Oklahoma Surety Oklahoma Surety Company During the COVID-19 pandemic, the use of traditional raised corporate seals has been made impractical due to government stay-at-home orders and social distancing guidelines. As a result, Oklahoma Surety Company has authorized its Attorneys-in-Fact to affix Oklahoma Surety Company's corporate seal to any bond or related instruments executed on behalf of Oklahoma Surety Company by any such Attorney-in-Fact by attaching this Addendum to said bond or related instrument. To the extent this Addendum is attached to a bond or related instrument that is executed on behalf of Oklahoma Surety Company by its Attorney-in-Fact, Oklahoma Surety Company agrees that the seal below shall be deemed affixed to said bond or related instrument to the same extent as if its raised corporate seal were physically affixed to the face of the bond or related instrument. Dated this I" day of April, 2020 C) o - _J SEAL : - O , r By: Todd Bazata Vice President MID-CO'SrTINENT CASUALTY COMPANY OKLAHOM-A SURETY COMPANY STATE OF TEXAS CLALII NOTICE ENDORSEMENT In accordance with Section 2253.021 (f)of the Texas Government Code and Section 53.202(6) of the Texas Property Code, any notice of claim to the named surety under this bond(s)should be sent to: Mailing: MID-CONTINENT CASUALTY CON'IPANY OKL.AHOMA SURETY COIPANY P.O. BOX 1409 TULSA, OK 74101 TELEPHONE NO. 1-800-722-4994 FAX NO. 1-918-586-0840 E-:HAIL: CLAINIS@\iCG-INS.COM Ph}sical: 1437 S. BOULDER SUITE 200 TI'I.S-\, 01<1 AHOMA 711 Iq ATTACH THIS NOTICE TO YOUR BOND UPON EXECUTION OF THE BOND I TXclmendsmW FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2023 Concrete Restoration, Contract 1 M&C: 22-1000 CPN: 104176 CSO: 58567 DOC#: Date: 12/02/22 To: Name Department Initials Date Out 1. Sophia Gatewood Risk-Approver p„60 12/05/22 2, Michael Owen TPW-Approver 12/07/22 3. Lauren Prieur TPW-Signer L 12/07/22 « 4. Priscilla Ramirez Legal-Approver Bypassed,post correction 12/09/22,mdhm 5. Doug Black Legal-Signer 0314 Dec 9,2022 6. William Johnson ACM-Signer Dec 11,2022 7 Melissa Brunner CSCO-Approver Dec 12,2022 8 Jannette Goodall CSCO-Signer Dec 12,2022 9 Allison Tidwell CSCO-Form Filler T Dec 12,2022 10. TPW Contracts TPW 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: DYES ®No RUSH: DYES ®No SAME DAY: DYES ❑No NEXT DAY: DYES ❑No ROUTING TO CSO: ®YES ❑No Action Reguired:_ ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to the General Conditions&Specifications Return To: Please notify TPWContracts aAfortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE:2023 Concrete Restoration. Contract 1 M&C: CPN: 104176 CSO: DOC#: Date: 11/28/22 To: Name Department Initials Date Out 1. Magsood Khan/Makou,Inc. Vendor-Signer „Tf�� 11/29/22 2. Proj Mgr: Tariqul Islam TPW-Signer7-4 — 11/29/22 3. Michelle Hadley-McGhee TPW-Review 11/30/22 4. 5. 6. 7 8 9 10. 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. j NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: DYES ®No SAME DAY: ❑YES ❑No NEXT DAY: DYES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ Attach Signature,Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Return To: Please notify TPWContracts(&fortworthtexas.2ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! Bond Verification MM&C From: Banning,Jessica To: Hadley-McGhee,Michelle;MCG.Bond.Bond Cc: Ries, Subject: RE: PLEASE REPLY—BOND VERIFICATION[CPN#104176-(2023 Concrete Restoration,Contract 1)] Date: Monday,November 28,2022 12:43:09 PM Attachments: 1mage001.ona 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. Good morning, Michelle! I can confirm that the bonds referenced are valid and the dollar amounts are correct and valid. If there is anything else that we can do for you, please do not hesitate to let us know. Thank you! Jessica Banning, Surety Service Supervisor 1 918-588-1263 1 ibannina(cbmcg-ins.com From: Hadley-McGhee, Michelle<Michelle.Hadley-McGhee@fortworthtexas.gov> Sent: Monday, November 28, 2022 11:39 AM To: MCG.Bond.Bond <bond@GAIG.COM> Subject: [External] PLEASE REPLY—BOND VERIFICATION [CPN#104176- (2023 Concrete Restoration, Contract 1)] 11/28/2022 Good morning. The City of Fort Worth is in receipt of the following referenced bond(s) — BOND #1024170, in the amount of $1,375,745.00 (One Million Three Hundred Seventy- Five Thousand Seven Hundred Forty-Five &00/100 Dollars), from Makou, Inc., for City Project 104176 - (2023 Concrete Restoration, Contract 1). Please provide confirmation that both the bond(s) and dollar amount(s) are valid. Your prompt attention to this matter is greatly appreciated! If there are additional questions or concerns, please do not hesitate to contact me at, michel le.had ley-mcghee(afortworthtexas.gov, or by phone, 817-392-7233. Should this request have reached you in error, or needs to be directed elsewhere, please be so kind to provide the name of the contact, with both an email address & phone number of the person or department being referenced. It is appreciated. Looking forward, OVIcAe&09zd1 cJ?Aa Contract Compliance Specialist City of Fort Worth Transportation & Public Works (TPW) 200 Texas Street, Fort Worth, TX 76102 Direct: 817-392-7233 Michelle.Had ley-McGhee(afortworthtexas.gov City of Fort Worth — Working together to build a strong community. FORT RTHO This email transmission,including any attachments,is intended solely for the addressee named above,and may contain confidential or privileged information.If you are not the intended recipient,be aware that any disclosure,copying,distribution or use of the contents of this e-mail is prohibited. If you have received this e-mail in error,please notify the sender immediately by reply email and destroy the message and its attachments.