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HomeMy WebLinkAboutContract 59250FORTWORTH. CSC No. 59250 CONTRACT FOR THE CONSTRUCTION OF 2022 On -Call Pavement Markings Contract City Project No. 102906 Mattie Parker Mayor David Cooke City Manager Lauren Prieur Interim Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department 2022 Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, Texas 76102 817-335-6511 TPBE Firm No. F-928 Scott R. Arnold, P.E. (Texas PE 96782) �P�F"°OE° �. ... * °O° SCOTT R. ARfVCI R �,f, FS° o° Eft OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 10/5/2022 ON -� p F• 4wd FORT WORTH, City of Fort Worth Standard Construction Specification Documents 2022 On -Call Pavement Markings Contract CPN 102906 Adopted September 2011 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions 00 00 00 TABLE OF CONTENTS Page 1 of 5 Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 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 n ni iz o�nc OMITTED ,43/2nt t 08�T 0045 12 Prequalification Statement 09/30/2021 00 n c t � �� OMITTED n 08 -34024 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 Pa ment 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 013300 Submittals 12/20/2012 01 35 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 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Si na e 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 9, 2022 2022 On -Call Pavement Markings Contract CPN 102906 00 00 00 TABLE OF CONTENTS Page 2 of 5 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents None Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: http://fortworthtexas.2ov/tuw/contractors/ or https:Happs.fortworthtexas.gov/Proi ectResources/ CITY OF FORT WORTH 2O22 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised September 9, 2022 00 00 00 TABLE OF CONTENTS Page 3 of 5 Z2t Z 1 064ni2n�� �z 32 13 MDriveways12/09Q 3244-74240/204-2 324446 12/20QO12 �z 3 n6i1�22 32 1723 Pavement Markings 06/10/2022 32 1 7 7 c 1 1 /04 O 1 3 32-32-4-3 96/054204S g 03/1�22 nvlo�z 4 nv1�2 2 o� n3 Troos an ubss 12/2042012 -,,--r.r rLravravzz • _ _ V Can MR TV �. �. .MMIN_ 1. 'wwwa !. 1 ■ I _ ■ �� _. KIT .. .MKIRM—Rum V - I Im CITY OF FORT WORTH 2O22 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised September 9, 2022 00 00 00 TABLE OF CONTENTS Page 4 of 5 Division 34 - Transportation a n t t-o 0-3 i i�n�� o o�z � n n�no_.tr At4aehmen1=A E6ntr6neP4Cebjf Wt i2 'its 3 n n� OV2012 � n n�o3 At4aehmeat G Seftwafe Speeifieafien 0 i�2 34 t t t 11/2242013. 344443v1 i 022 �on�z znRoadwayi2i�1-2 3441002t n6 15420 c -rzr vvrr�rrvz� 344 2n n2 Freeway LED Readway Lun4aaifes 06 15420 c 34n i 2n 03Roadway06/ 5420 c 34n t 3n Aluminum Signs ! I/1 01 344-59 02 io�O l-6 3471 13 Traffic Control 03/22/2021 Appendix CITY OF FORT WORTH 2O22 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised September 9, 2022 00 00 00 GC-6.06.1) M nority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates END OF SECTION TABLE OF CONTENTS Page 5 of 5 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 9, 2022 2022 On -Call Pavement Markings Contract CPN 102906 City of Fort Worth, Mayor and DATE: 03/21 /23 Texas Council Communication M&C FILE NUMBER: M&C 23-0226 LOG NAME: 20ON-CALL PAVEMENT MARKINGS CONTRACT CITY PROJECT NO. 102906 SUBJECT (ALL) Authorize the Execution of Unit Price Contracts with TRP Construction Group, LLC and Traffic Highway Maintenance, LLC each in an Amount Not to Exceed $5,000,000.00 for Task Order Construction Services for Projects Relating to Pavement Marking RECOMMENDATION: It is recommended that the City Council authorize the execution of unit price contracts with TRP Construction Group, LLC and Traffic Highway Maintenance, LLC each in an amount not to exceed $5,000,000.00 for task order construction services for the installation of pavement markings, (City Project Nos. 102906, 104400 & 104409), with up to four renewals each. DISCUSSION: This contract will provide for construction services on an as -needed (task order) basis for projects related to pavement marking installations. Pavement marking projects include long lines, short lines, intersections, and school zones to improve overall traffic and pedestrian safety within the City limits of Fort Worth. Each contract amount is capped at $5,000,000.00 and may be renewed up to four additional times under the same terms, conditions, and unit prices. The project was procured in a low bid format to determine unit prices to be paid when task orders are issued. Notice for bids was published in the Fort Worth Star -Telegram on October 13, 2022 and October 20, 2022. On November 3, 2022, two companies submitted the following bids: CONTRACTOR BID TRP Construction Group, LLC $1,641,824.50 Traffic Highway Maintenance, LLC $4,520,802.50 The unit prices were compared to similar projects and were determined to be fair and competitive. Task orders will be paid at the established unit prices. Projects identified initially include: Pavement markings for crosswalks, intersections, and thoroughfares. The contract is paid with available City Pay -Go funding. Funding is budgeted in the TPW Dept Highway & Streets Department's General Capital Projects Fund for the purpose of funding the FY 21 PAYG Pavement Markings, FY23 PAYGO Pavement Markings and FY213 PAYGO Pavement Markings projects, as appropriated. BUSINESS EQUITY: A waiver of the goal for Business Equity subcontracting requirement is approved by the DVIN-BE, in accordance with the Business Equity Ordinance, because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible This project is located in ALL COUNCIL DISTRICTS. 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 FY 21 PAYG Pavement Markings, FY23 PAYGO Pavement Markings and FY213 PAYGO Pavement Markings projects to support the approval of the above recommendation and execution 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 bT. William Johnson 5806 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 000515-1 ADDENDA Page 1 of 2 SECTION 00 05 15 ADDENDA CITY OF FORT WORTH, TEXAS ADDENDUM NO. 1 To the Specifications and Contract Documents For 2022 On -Call Pavement Markings Contract City Project Number 102906 Issued: November 1, 2022 Bid Date: November 3, 2022 at 1:30 P.M. This Addendum forms a part of the Bidding Documents and will be incorporated into Contract Documents, as applicable. Insofar as the original Contract Documents and Specifications and Construction Plans are inconsistent, this Addendum governs. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. FAILURE TO DO SO MAY SUBJECT BIDDER TO DISQUALIFICATION. Prospective bidders are herebv notified of the following: This addendum includes the following: 1. Pre -Bid Presentation An electronic version (in PDF format) of the presentation given during the non - mandatory pre -bid meeting held at 9:00 A.M. CST on October 25, 2022 is attached to this addendum. 2. Pre -Bid Meeting and Other Questions During the pre -bid meeting and in subsequent e-mails, the attendees asked the following questions. Official answers are being provided as part of this addendum: Q: Item 180 Full Highway Closure per day (Night/Weekend) Traffic Control Item 181 Traffic Control? Being that this is an annual pavement marking contract we are doing our best to figure how traffic control for a full highway closure fits into this bid. With that said, are these types of closures expected as an on -call basis for services performed by the City? Or is the highway traffic control bid item based on pavement marking services only (i.e., ramp closures, lane closure, etc.)? I have the same question for Item 181. Is this based on -call for the City needs, or is it traffic control as it pertains only to pavement marking services performed? A: These items would be included in specific task orders for pavement marking installations done by the Contractor. These bid items would not be used for City crew installations. CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised July 1, 2011 000515-2 ADDENDA Page 2 of 2 Q: With the current shortages on material, is the City open to other products related to multiipolymer such as AE%IA and MUFA? A: No, all products must comply with City standards and specifications. Q: Is there a standard spec or more information on Bid Item 101- Button type Flex stake. A: The City does not have a specification for these. The intent is to be similar to the Flexstake 150 Series Road Warrior: hgp:Hflexstake.com/highway-delineators/surface- mounts/ 150-road-warrior-series/ PROJECT MANUAL 1. No changes. Acknowledge your receipt of Addendum No. 1 by completing the requested information at the following locations: (1) In the space provided in Section 00 4100, Bid Form (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED AND ACKNOWLEDGED ADDENDUM NO. 1" All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. Failure to return a signed copy of the addendum with the proposal shall be grounds for rendering the bid non -responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: By: h�z eith Rainwat r By: Clint Hoover, P.E. Engineering Manager Company: Traffic Highway Maintenance, LLC. END OF SECTION CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised July 1, 2011 r U O N N O N �,w N N 0 N LO N O 0 U 10 U EV T- 0 co C� C Q U C O a) co O N U N L O �L cr O U c6 L O A WE N Cl) ZT U') 42 I. .- � � � � U U) � � � � CL O U U) I U � .0 L- n � q : 0 0 -� oq U> =0m >k E EE E k 0 � -0 0� -0 @ U o f � E co E = c ƒ\ wC �� k %o q �E 22 �� � Co k� (n\k �co \ 2� 22kk \\p 3� �?\� mƒ �0� 7b §� kC�a) 2�G ID )M -r (n k� 27 k,U- £ o- ®/a- 2 0 E= m00 o 0 �I� I E� 2U 37>,k �§ C:U) a)E a)E / _ � \ / 2 \ o « 0 E �(n �§ m q& �02-0 E = ��t U o o- ° w cu E k( O 0 CO: "3 R R> 'k 7 q m � E = k m I /= 2 q n k 2�� § @ o k/£ �\@ / ° a U 0= 2 o k . 7a3k� nDo� §�>, 0 -00¢ -��� 2/LL Zk E (n c0 2 /a27 0 � § � ƒ 2 @ k�k� �/�0_� *o�� Wyk -%P ��c/ ou \U tea) %� I¢ £ 2�UR *k�o 7� �./Rk //0)q '0 / ® m C,4 a o•U5 m � = E 2 %./ o -0 7 f o coU=» o w ¢ r-- _02 E 2 f % U) a) a)/ } e = § � 2 6 E2 ƒ—_ =a) m/S - C o'5 �£ m ��% /2a) /k8-E,§ � co §§k # J RV C 0 m 4- 0 U N 0 A.- 0" Q L 0 N 0 W m 4- 10 U) E L w CW G O N L U N .� 0 0 4-1 4-1 0 L 0 'L N U 0 W m U C 0 m C -00 C:0 oa)Co wU)cn N WON —0.—�U) 0.�N CDN+_, > o6cE0 =CNN L N �O.M > 700 0N CO N OLY �U=� 00 OMwNLL L rV1 (52 (B;6 >O(nL j��0 �N 0 Co :3 3: L N )— C cn— o NCo U�Uo (D��0) E -0 ^L N c LL >H Q 5 0 0 N.C-0 LLB �-0 CEQN O� O� Nu)_0a) N CO E a) 2E ao NL>% �0mU) LL -o m co 0 C L N 0 U 0) ON -F- N M N 00 •� N NU U� No cw 0 o0 02 w-I.- � U 00 `� cn 0 >0 Uc N � O � U �i•U >,N QU _� E 00 UN 0.> �0 73 Q '� cn LL u (u co N Q 0 0 0 0 O 0 0 0 In 0 N D U M Q M U U N O IN s m C O • C An V- M 00 _ 0-N 0-0 L 0 L 3 3 _0 m o �� w .s E a) y-+ C —_ N ?� 0 0-0 U O Q c E C > o 0 +. N 75 E 2i H LO 9 O cn -I.- m (n X C (3) O t N 0(.0 C N LLI � O m O N 70 O 00 N a) @) CD a� N V m O N N ff O >i U C O v U X C w 0 C O 3: m ' U C C L O U :3 c N 4' N X O � 0011 13 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of 2022 On -Call Pavement Markings Contract — CPN 102906 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, November 3, 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: installation and removals of pavement markings and markers throughout the city. Performance for any services described herein will be initiated upon acceptance by the Contractor of a work order having the authorizing signature of the Project Manager prior to commencing work at the site. Contractors will not perform against this agreement without first having received an official City of Fort Worth work order, except in emergency cases as detailed below. PREQUALIFICATION There are no prequalification requirements for this project. 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. EXPRESSION OF INTEREST 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: Tuesday, October 25, 2022 TIME: 9:00 am, CST CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102906 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 This ITB (Invitation to Bidders) is to establish unit prices upon which task orders will be issued. The City reserves the right to award one or more contracts to qualified bidders within its identified project budget. There is no guarantee of the amount or value of work to be ordered. This project has a maximum amount of $5,000,000 per award. TIME PERIOD AND RENEWALS The time period of this Agreement will be for two (2) calendar years or the expiration of the funding, whichever occurs last. The City reserves the right to renew the contract for up to four (4) additional time periods under the same terms, conditions, and unit prices. The City shall provide at least sixty (60) days' notice to the Contractor of the City' s intent to renew. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Clint Hoover, P.E., City of Fort Worth Email: clint.hoover&fortworthtexas.gov Phone: 817-392-6573 ADVERTISEMENT DATES October 13, 2022 October 20, 2022 END OF SECTION CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102906 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 10 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. . . _ . .. .. . . . .1 . , N IT, 0 RALIN �.. _ CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102906 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 . • j in �� ��i� rs 1 . 1 . 1 . . . ■ _ ♦ ♦ 1 _ . • j in .� ��i� . rs . . 1 - irk � �:.. s.•r•••R.•••�♦• � - - _ _ . • j in .� . ��i� rs . . 1 1 � 1 � ■ . 1 � . 1 � . 1 arm • 1 � lip Jim IMA1�i11A11 MMI�IIIi1NMNiNIIIMFlII 3.5.Om1tted 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102906 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Omitted. 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102906 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 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: 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. CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102906 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 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. 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: Quenell T. Johnson, P.E., Transportation and Public Works Email: Quenell.johnson(&fortworthtexas.gov Phone: 817-392-8618 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://www.fortworthtexas. og v/departments/finance/purchasing/bids-current CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102906 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 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. 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 01 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https:Hcodelibrar.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593 CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102906 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 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 may be obtained from the City. 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. CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102906 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 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 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. CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102906 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 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. 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. City. City may award contracts to more than one bidder, lowest to highest, but is not required to award to all bidders. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at https://www.ethics.state.tx.us/data/forms/1295/1295.pdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102906 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 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 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 102906 Revised/Updated November 2, 2021 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 3513 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/conflict/CIS.pd ❑ 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 ® CIS Form is being provided to the City Secretary BIDDER: Traffic Highway Maintenance, LLC. By: Keith R ' ater Signature: Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2022 On -Call Pavement Markings Contract Revised February 24, 2020 CPN 102906 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: 2022 On -Call Pavement Markings Contract City Project No.: 102906 Units/Sections: Base Bid 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 2022 On -Call Pavement Markings Contract CPN 102906 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 m st be performed only by prequalified contractors and subcontractors: a. None b. - C. - d. - e. - f. - g. - h. - 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within the number of days specified in each task order. 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 m eting the requirements of Paragraph e 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 2022 On -Call Pavement Markings Contract CPN 102906 00 41 00 BID FORM Page 3 of 3 h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Total Bid 7. Bid Submittal This Bid is submitted on Respectfull mit� By: (Signature) Keith Rainwater (Printed Name) Title: President Company: Traffic Highway Maintenance, LLC. Address: 930 KCK Way Cedar Hill, TX 75104 State of Incorporation: Email: keith@thmtx.com Phone: (469) 523-0180 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 $0.00 by the entity named below. Receipt is acknowledged of the following Addenda: Addendum No. 1: Corporate Seal: 2022 On -Call Pavement Markings Contract CPN 102906 From: Hadley -McGhee, Michelle To: Keith Rainwater Cc: Johnson. Ouenell; TPW Contracts Subject: RE: CPN 102906 2022 On -Call Pavement Markings [THM], Question on Bid Form 00 41 00 Date: Wednesday, March 8, 2023 8:54:00 AM Attachments: image004.pna image006.pna 03/08/2023 Good morning Keith. Thank you for the prompt reply. The explanation will be attached to the document for our legal department's awareness. The electronic contract file is being prepared and will be sent out to you later this morning. If there are questions or concerns, please do not hesitate to contact me. Again, thank you. 29pprQeia ti v,c Mich,elllz DHMe( hcc Contract Compliance Specialist TPW City of Fort Worth 200 Texas St. * Ft Worth, TX 76102 817-392-7233 Michelle.Hadley-McGhee@fortworthtexas.gov From: Keith Rainwater <Keith@thmtx.com> Sent: Tuesday, March 7, 2023 2:00 PM To: Hadley -McGhee, Michelle <Michelle.Hadley-McGhee@fortworthtexas.gov> Cc: Johnson, Quenell <Quenell.Johnson@fortworthtexas.gov>; TPW Contracts <TPWContracts@fortworthtexas.gov> Subject: RE: CPN 102906 2022 On -Call Pavement Markings [THM], Question on Bid Form 00 4100 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. Michelle, I'm sorry, I misunderstood and should have only signed for one addendum, please process the contract. Please let me know if you need anything else from me. Thank you, Keith Rainwater Managing Partner 930 KCK Way Cedar Hill, TX 75104 O: (469) 523-0180 F: (469) 523-0181 C: (817) 999-8000 www.thmtx.com THM From: Hadley -McGhee, Michelle <Michelle. Had ley-McGhee(@fortworthtexas.gov> Sent: Monday, March 6, 2023 12:09 PM To: Keith Rainwater <Keith(@thmtx.com> Cc: Johnson, Quenell<Quenell.Johnson(@fortworthtexas.gov>; TPW Contracts <TPWContracts(@fortworthtexas.gov> Subject: CPN 102906 2022 On -Call Pavement Markings [THM], Question on Bid Form 00 4100 Importance: High 03/06/2023 Good afternoon Keith. I'm in the process of reviewing & setting up the electronic contract file to be sent out for your review & execution, and circling back to asking the reason for initialing all 4 of the Addendum Acknowledgment boxes. I did not find any communications from Traffic Highway Maintenance (THM) on why all 4 Addendum acknowledgment boxes were initialed, when there was only one (1) Addendum issued. I'd begun to ask this question some time ago, however, since there was question from the Vendor on being awarded the contract, my question likely was not sent out for addressing. At this time, please provide explanation as to why the Vendor acknowledged receipt of four (4) Addenda to the project, when only one (1) Addendum had been issued for the bid? Your prompt reply is needed. 004243 MD PROPOSAL Peg. 1 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit l - Base Bid Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value l Furnish/Install 4" Solid While, Spray Thermoplastic (90 mil.) 32 1723 LF 15,000 $0.75 $ 11,250.00 2 Fumish/Install4" Solid Yellow, Spray Thermoplastic (90 mil.) 32 1723 LF 15,000 $0.75 $ 11,250.00 3 FurislAnstall 4" Dash White, Spray Thermoplastic (90 mil.) 32 1723 LF 15,000 $0.85 $ 12,750.00 4 Fumish/Install4" Dash Yellow, Spray Thermoplastic (90 mil.) 32 1723 LF 15,000 $0.85 $ 12,750.00 5 Fumish/Install 4" Dot White, Spray Thermoplastic (90 mil.) 32 1723 LF 5,000 $2.00 S 10,000.00 6 Fumish/Install 4" Dot Yellow, Spray Thermoplastic (90 mil.) 32 1723 LF 5,000 S2.00 $ 10,000.00 7 Fumish/Install4" White, 3M, A3801 ES, Stamark Brand Tape 32 1723 LF 5,000 S4.35 $ 21,750.00 8 Fumish/Install4" Yellow, 3M, A3801 ES, Stamark Brand Tape 32 1723 LF 5,000 S4.35 $ 21,750.00 9 Fumish/Install 6" Solid Yellow or White, Spray Thermoplastic (90 mil.) 32 1723 LF 15,000 SO.85 $ 12,750.00 10 Fumish/Install 6" Dash White, Spray Thermoplastic (90 mil.) 32 1723 LF 15,000 SO.95 $ 14,250.00 11 FumishQnstall 6" Dot White, Spray Thermoplastic (90 mil.) 32 1723 LF 15,000 S2.00 $ 30,000.00 12 Fumish/Install6" White, 3M, A3801 ES, Stamark Brand Tape 32 1723 LF 2,500 S5.85 $ 14,625.00 13 lFurnishfinstall6" Yellow, 3M, A3801 ES, Stamark Brand Tape 32 1723 LF 2,500 $5.85 S 14,625.00 14 FumishMstall8"Solid White, Spray Thermoplastic (90 mil.) 321723 LF 15,000 $1.37 S 20,550.00 15 Fumish/Install 8" White, 3M, A3801 ES, Stamark Brand Tape 32 1723 LF 2,500 $9.00 $ 22,500.00 16 FumislOnstall 8" Yellow, 3M, A3801 ES, Stamark Brand Tape 32 1723 LF 2,500 S9.00 S 22,500.00 17 Fumish/Install 12" White, 3M, A3801 ES, Stamark Brand Tee 32 1723 LF 2,500 $10.85 $ 27,125.00 18 Fumish/Install 12" Yellow, 3M, A3801 ES, Stamark Brand Tape 32 1723 LF 7,500 S10.85 $ 81,375.00 19 Remove Thermoplastic Contrast or Preformed ARROW 32 1723 EA 150 S80.00 S 12,000.00 20 Remove Thermoplastic Contrast or Preformed ONLY 32 1723 EA 150 S95.00 S 14,250.00 21 Remove Thermoplastic Contrast or Preformed BIKE 32 1723 EA 150 $75.00 $ 11,250,00 22 Remove Thermoplastic Contrast or Preformed YIELD 32 1723 EA ISO $85.00 S 12,750.00 23 Remove Thermoplastic Preformed (12 Feet Wide, Bus Red) 32 1723 SF ISO $3.00 S 450.00 24 Fumish/Install 4" Reflective Marker, Type I -A 32 1723 EA 2,500 $4.45 S 11,125.00 25 Fumishfinstall4" Reflective Marker, Type 1-C 32 1723 EA 2,500 $4.45 S 11,125.00 26 Fumishfinstall4" Reflective Marker, Type II -A -A 32 1723 EA 2,500 S4.45 S 11,125.00 27 Fumish/Install4" Reflective Marker, Type II-C-R 32 1723 EA 2,500 S4.45 S 11,125.00 28 Remove 4" White 0,Yellow Thermoplastic Preformed, Contract, Spray 32 1723 LF 1,000 SOAS S 450.00 29 Remove 6" White or Yellow Thermoplastic Preformed, Contract, Spray 32 1723 LF 1,000 $0.45 S 450.00 30 Remove 8" White or Yellow Thermoplastic Preformed, Contract, Spray 32 1723 LF 1,000 $1.10 S 1,100.00 31 Remove Thermoplastic Railroad Legend, Including X, RR, and Three (3) 24" Stop Bars 32 1723 EA 2,500 $200.00 S 500,000.00 32 Remove Thermoplastic Lane Legend Preformed, Contrast, Spray 32 1723 EA 2,500 S75.00 S 187,500.00 33 Remove 12" White or Yellow Thermoplastic Preformed, Contrast, Spray 32 1723 LF 2,500 $1.35 $ 3,375.00 34 Remove 18" White Thermoplastic Preformed, Contrast, Spray 32 1723 LF 2,500 $1.35 $ 3,375.00 35 Remove 24" White Thermoplastic Preformed, Contrast, Spray 32 1723 LF 2,500 S2.70 $ 6,750.00 36 Furnishlinstall FG 300 Interstate Grade Curb Sections/FG 336 EFX POST with 2-3" White or Yellow Wraps/FG 300 32 1723 LF 250 $327.00 $ 81,750.50 37 Fumishlinstall4" Thermoplastic - Contrast Markings (125 mil.) White or Yellow, Solid or Sldp Line 32 1723 LF 1,000 $5.95 $ 5,950.00 38 Fumishlinstall6" Thermoplastic - Contrast Markings (125 mil.) White or Yellow, Solid or Sldp Line 32 1723 LF 1,000 $6.25 $ 6,250.00 39 Fumishlinstall 8" Thermoplastic - Contrast Markings (125 mil.) White or Yellow, Solid or Skip Line 32 1723 LF 1,000 $11,85 S 11,850.00 40 Furnishlinstall4" Multipolymer White or Yellow, Solid or Skip Line, Dot 32 1723 LF 2,500 $1.85 S 4,625.00 41 Furnishlinstall6" Mulfipolymer White or Yellow, Solid or Skip Line, Dot 32 1723 LF 2,500 $2.35 S 5,875.00 42 Fumishlinstall 8" Mulfipolymer White or Yellow, Solid Line 32 1723 LF 1,000 S3.25 S 3,250.00 43 Fumishlinstall 12" Mulfipolymer White, Solid Line 32 1723 LF 1,000 S4.75 $ 4,750.00 44 Fumish/Install 24" Mulfipolymer White, Solid Line 32 1723 LF 1,000 $9.75 $ 9,750.00 45 Remove 4" or 6" White or Yellow Mulfipolymer 32 1723 LF 1,000 $0.55 $ 550.00 46 Remove 8" White or Yellow Multipolymer 321723 LF 1,000 $1.10 $ 1,100.00 47 Remove 12'White orYellow Multipol er 321723 LF 1,000 $1,35 S 1,350.00 48 Remove 18" White Mulfipolymer 32 1723 LF 1,000 $1.65 $ 1,650.00 49 Remove 24" White Mulfipolymer 32 1723 LF 1,000 $2.65 S 2,650,00 50 Remove 4", 6" or 8" White or Yellow Thermoplastic (Contrast) (125 mil.) 32 1723 LF 1,000 $1.35 S 1,350.00 51 FumishlinstallAexcelWhite Chlorinated Zone Marking Paint l2W-Dl10 32 12 16 LF 1,000 $1.25 $ 1,250.00 52 Remove Aexoel White Chlorinated Zone Marking Paint 12W-Dl10 32 12 16 LF 1,000 $1.25 $ 1,250.00 53 Fumishlinstall4" Polyurea, White, Solid or Skip Line 32 1723 LF 15,000 $2.50 $ 37,500.00 54 Furnishlinstall6" Polyurea, White or Yellow, Solid or Skip Line 32 1723 LF 15,000 $3.00 $ 45,000.00 55 Furnish/Install 8" Polyurea, White or Yellow, Solid Line 32 1723 LF 15,000 $4.00 $ 60,000.00 56 Furnish/Install 12" Polyurea, White, Solid Line 32 1723 LF 15,000 $6.00 $ 90,000.00 57 Fumish/Install 18" Polyurea, White or Yellow, Solid or Skip Line 32 1723 LF 15,000 $9.00 $ 135,000.00 58 Fumish/Install 24" Polyurea, White or Yellow, Solid Line 32 1723 LF 15,000 $12.00 $ 180,000.00 59 FurnishlInstall 24" Polyurea (Contrast) 321723 LF 15,000 $17.00 $ 255,000.00 60 Fumish/Install 6" Dot Polyurea 32 1723 LF 15,000 $3.55 $ 53,250.00 61 Fumish/Install 8" Dot Polyurea 32 1723 LF 15,000 $4.55 $ 68,250.00 62 FumishlInsta812" Dot Polyurea 32 1723 LF 15,000 $7.25 $ 108,750.00 63 Fumish/Install 18" Dot Polyurea 32 1723 LF 15,000 $9.25 S 138,750.00 64 FumisWlnstall4" Preformed Thermoplastic (125 mil.) White, Solid or Skip Line 32 12 16 LF 1,000 $2.65 S 2,650.00 65 Furish/Install6" Preformed Thermoplastic (125 mil.) White or Yellow, Solid or Skip Line 32 1723 LF 1,000 $3.75 $ 3,750.00 66 Furnish/Install 8" Preformed Thermoplastic (125 mil.) While or Yellow, Solid Line 1 32 1723 1 LF 1,000 S4.70 $ 4,700.00 67 Fumish/Install 12" Preformed Thermoplastic (125 mil.) White, Solid Line 32 1723 LF 1,000 S7.50 $ 7,500.00 68 Furnish/Install24" Preformed Thermoplastic (125 mil.) While or Yellow, Solid Line 32 1723 LF 1,000 $15.00 $ 15,000.00 69 Furish/Install24" Preformed Thermoplastic (Contrast) 32 1723 LF 1,000 $15.00 $ 15,000.00 70 Furnish/Install Polyurea (Single Head Curve Arrows, BIKE, BUS, or ONLY's) 32 1723 EA 100 $375.00 $ 37,500.00 71 Fumish/Install Polyurea (Single Head Straight Arrows) 32 1723 EA 100 S375.001 $ 37,500.00 CrrY OP FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS R-d 9/302021 2022 On-C,11 P-ml Martmge C"nln.l CPN 102906 00 4243 DID PROPOSAL Peat 2 of l SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit 1 - Base Bid Bidlist Item No Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 72 Furnish/Install Polyurea (Lane Reduction Arrows, 12' Long) 32 1723 EA 50 $575.00 $ 28,750.00 73 Furnish/Install Polyurea (Double Head Combo Arrows) 32 1723 EA 50 S545.00 $ 27,250.00 74 Furnish/Install Polyurea (Triple Head Combo Arrows) 32 1723 EA 50 S745.00 S 37,250.00 75 Fumish/lnstall Polyurea (Rail Road (X & RR), Including Three (3) 34" Stop Bars) 32 1723 EA 50 $1,200.00 S 60,000.00 76 Furnish/Install Polyurea (36 x 24, Yield Symbol) 32 1723 EA 50 $200.00 $ 10,000.00 77 Furnish/Install Polyurea (Bike, Shared, Includes Bike Symbol and Two (2) Sharrow Markings) 32 1723 EA 50 S500.001 S 25,000.00 78 Furnish/Install Polyurea (Bike, Includes Bike Symbol Only) 32 1723 EA 50 $350.00 S 17,500,00 79 Fumish/Install Polyurea (Bike, Arrow, Includes 1 Straight Arrow Only, 6l 32 1723 EA 50 S500.00 S 25,000.00 80 Fumish/lnstall Thermoplastic Preformed (125 mil.) (Single Head Curve Arrows, BIKE, BUS, or ONLY's) 32 1723 EA 75 S300.00 S 22,500.00 81 Fumish/Install Thermoplastic Preformed (125 mil.) (Single Head Straight Arrows) 32 1723 EA 50 $285.00 S 14,250.00 82 Fumish/lnstall Thermoplastic Preformed (125 mil.) (Lane Reduction Arrows, 12' Long) 32 1723 EA 50 S500.00 S 25,000.00 83 Fumish/Install Thermoplastic Preformed (125 mil.) (Double Head Combo Arrows) 32 1723 EA 50 S500.00 S 25,000.00 84 Furnish/Install Thermoplastic Preformed (125 mil.) (Triple Head Combo Arrows) 32 1723 EA 50 $645.00 S 32,250.00 85 Furnish/Install Thermoplastic Preformed (125 mil.) (Rail Road (X & RR), Including Three (3) 24" Stop Bars) 32 1723 EA 50 S885.00 $ 44,250.00 86 FumislAnstall Thermoplastic Preformed (125 mil.) (36 x 24, Yield Symbol) 32 1723 EA 50 $68.00 $ 3,400.00 87 FurnislAnstall Thermoplastic Preformed (90 mil.) (Bike, Shared, Includes Bike Symbol and Two (2) Sharrow Markings) 32 1723 EA 50 $400.00 S 20,000.00 88 Furnish/install Thermoplastic Preformed 90 mil.) Bike, Includes Bike Symbol Only) 32 1723 EA 50 $300.00 $ 15,000.00 89 Fumish/Install Thermoplastic Preformed (125 mil.) (Bike, Arrow, Includes 1 Straight Arrow Only, 6) 32 1723 EA 75 $400.00 $ 30,000,00 90 Furnish/Install Thermoplastic Preformed (90 mil.) (5 Feet Wide, Bike Green, Premark Brand) Including Sealer, Must Use 2 Part Sealer 32 1723 LF 500 S125.00 S 62,500.00 91 Furnish/Install Thermoplastic Red Bus Lane Markings (Preform) 32 1723 SF 50 S125.00 S 6,250.00 92 Fumish/Install Thermoplastic Red Bus Lane Markings (Epoxy) 32 1723 SF 50 S100.00 S 5,000.00 93 Remove Thermoplastic 36 x 24 Yield Symbol 32 1723 EA 250 S38.00 S 9,500.00 94 Furnish/Install 4" Type 11 White C/C or Yellow A/A Round Ceramic Button 32 1723 EA 250 $5.50 S 1,375.00 95 Furnish/Install 6" Type 11 White C/C or Yellow A/A Round Ceramic Button 32 1723 EA 50 $25.00 S 1,250.00 96 Furnish/Install 8" Type 11 White C/C or Yellow A/A Round Ceramic Button 32 1723 EA 50 $75.00 S 3,750.00 97 Install 8" Type II White C/C or Yellow A/A Ceramic Button 32 1723 EA 50 S75.00 $ 3,750.00 98 Furnish/Install Bike Lane Separators - Zebra 13 (Option 1) 32 1723 EA 50 S175.00 S 8,750.00 99 Fumish/Install Bike Lane Separators - Zebra 9 (Option 2) 32 1723 EA 50 $155.00 $ 7,750.00 100 Remove Temp TAB 32 1723 EA 50 $2.00 S 100.00 101 Furnish/Install Button Type Flex Stake 32 1723 EA 50 $69.75 S 3,487.50 102 Remove 4" ReB Traffic Button 32 1723 1 EA 50 S3.30 $ 165.00 103 Remove 6" ReB Traffic Button 32 1723 EA 50 $4.65 $ 232.50 104 Remove 8" ReB Traffic Button 32 1723 EA 50 $7.85 $ 392,50 105 Remove Bike Lane Separators 32 1723 EA 50 $38.50 $ 1,925.00 106 Prep and Seal Pavement Surface for 4" Markings (6'� 32 1723 LF 1,000 $0.50 S 500.00 107 Prep and Seal Pavement Surface for 8" Markings 32 1723 LF 1,000 S0.75 S 750.00 108 Prep and Seal Pavement Surface for 12" Markings 32 1723 LF 1,000 $1.25 S 1,250.00 109 Prep and Seal Pavement Surface for 18" Markings 32 1723 LF 1,000 $2.00 S 2,000.00 110 Prep and Seal Pavement Surface for 24" Markings 32 1723 LF 1,000 S2.55 $ 2,550.00 III Prep and Seal Pavement Surface for Rail Road (X & RR), Including Three (3) 24" Stop Bars 32 1723 EA 100 $165.00 S 16,500.00 112 Prep and Seal Pavement Surface for 36 x 24, Yield Symbol 32 1723 EA 100 $17.50 S 1,750.00 113 Prep and Seal Pavement Surface for BUS 32 1723 EA 100 $65.00 S 6,500.00 114 Prep and Seal Pavement Surface for LANE 32 1723 EA 100 $85.00 $ 8,500.00 115 Prep and Seal Pavement Surface for ONLY 32 1723 EA 100 $85.06 $ 8,500.00 116 Prep and Seal Pavement Surface for YIELD 32 1723 EA 100 S95.00 S 9,500.00 117 Prep and Seal Pavement Surface for Arrow 32 1723 EA 100 S55.00 S 5,500.00 118 Prep and Seal Pavement Surface for Bike, Shared, Includes Bike Symbol and Two (2) Sharrow Markings 32 1723 EA 100 $75.00 S 7,500.00 119 Prep and Seal Pavement Surface for Bike, Includes Bike Symbol Only 32 1723 EA 100 $55.00 $ 5,500.00 120 Prep and Seal Pavement Surface for Bike, Arrow, Includes 1 Straight Arrow Only, 6' 32 1723 EA 500 S55.00 S 27,500.00 121 Prep and Seal Pavement Surface for 5 Feet Wide, Bike Green, Premark Brand Including Sealer 32 1723 LF 500 S5.50 S 2,750.00 122 Prep and Seal Pavement Surface for BIKE (without Bike Symbol) 32 1723 EA 100 $85.00 $ 8,500.00 123 Prep and Seal Pavement Surface for 12 Feet Wide, Bus Red 32 1723 EA 100 S225.00 S 22,500.00 124 Prep and Seal Pavement Surface for Bike Lane Separators 32 1723 EA 100 $75.00 $ 7,500.00 125 FumisWlnstall Yellow 36" Delineators 32 1723 EA 100 $125.00 S 12,500.00 126 FurnisWlretall White 36" Delineators 32 1723 EA 100 $125.00 S 12,500.00 127 Remove Yellow, White 36" Delineators 32 1723 EA 100 $100.00 $ 10,000.00 128 Remove FG 300 Interstate Grade Curb Sections/FG 336 EFX POST with 2-3" White or Yellow Wraps/FG 300Interstate Grade Curb and End Caps/Asphalt or Concrete Anchors 4 per Curb & Base 32 1723 EA 100 $55.00 $ 5,500.00 129 Fumish/Irkstall4" Extrude Thermoplastic (125 mil.) White or Yellow, Solid or Dash Line 32 1723 LF 1,500 $0.95 S 1,425.00 130 Furnish/Install 8" Extrude Thermoplastic (125 mil.) White or Yellow, Solid Line 32 1723 LF 100 $2.00 S 200.00 131 Furnish/Install 12" Extrude Thermoplastic (125 mil.) White or Yellow, Solid Line 32 1723 LF 500 $3.00 S 1,500.00 132 Furnish/Install 18" Extrude Thermoplastic (125 mil.) White or Yellow, Solid Line 32 1723 LF 1,000 $4.50 $ 4,500.00 133 Fumish/Install24" Extrude Thermoplastic (125 mil.) White, Solid Line 32 1723 LF 100 $6.65 S 665.00 134 Fumish/Install4" Spray Thermoplastic - Contrast Markings (125 mil.) White or Yellow, Solid or Skip Line 32 1723 LF 100 $5.50 S 550.00 135 Fumish/Install6" Spray Thermoplastic - Contrast Markings (125 mil.) White or Yellow, Solid or Skip Line 32 1723 LF 100 S6.60 $ 660.00 136 Furnish/Install 8" Spra Thermoplastic - Contrast Markings (125 mil.) White or Yellow, Solid Line 32 1723 LF 100 $8.85 $ 885.00 137 Fumish/lnstall 12" Spray Thermoplastic -Contrast Markings (125 mil.) White or Yellow, Solid Line 32 1723 LF 100 $16.55 S 1,655.00 138 Furrish/Install 18" Spray Thermoplastic - Contrast Markings (125 mil.) White or Yellow, Solid Line 32 17 23 LF 100 $26.25 $ 2,625.00 139 FumisWlusta1124" Spray Thermoplastic - Contrast Markings (125 mil.) White or Yellow, Solid Line 32 17 23 LF 100 $33.05 $ 3,305.00 140 Furnlsh/Install Thermoplastic Preformed - Contrast (125 mil.) (Single Head Curve Arrows, BIKE, BUS, or ONLY's) 32 1723 EA 50 $385.00 S 19,250.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Rcv 9/302021 2022 On -Call Paeraem Markinae Contract CPN 102906 00 42 43 BID PROPOSAL Page 3 or3 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Unit I - Base Bid Bidlisl hem No. - Description Specifieation Section No. Unit of Measure Bid Quantity Unit Price Bid Value 141 Furnish/Install Thermoplastic Preformed - Contrast (125 mil.) (Single Head Straight Arrows) 32 1723 EA 50 $385.00 S 19,250.00 142 Fumish/Inslall Thermoplastic Preformed - Contrast (125 mil.) (Lane Reduction Arrows, 12' Long) 321723 EA 50 $600.00 $ 30,000.00 143 Furnish/Install Thermoplastic Preformed - Contrast (125 mil.) (Double Head Combo Arrows) 32 1723 EA 50 S500.00 $ 25,000.00 144 Furnish/Install Thermoplastic Preformed - Contrast (125 mil.) (Triple Head Combo Arrows) 32 17 23 EA 50 $775.00 $ 38,750.00 145 FumishMstall Thermoplastic Preformed - Contrast (125 mil.) (Rail Road (X & RR), including Three (3) 24" Stop Bars) 32 1723 EA 50 $1,200.00 $ 60,000.00 146 Fumish/Install Thermoplastic Preformed - Contrast (125 mil.) (36 x 24, Yield Symbol) 32 1723 EA 50 $125.00 $ 6,250.00 147 FumishMslall Thermoplastic Preformed - Contrast (90 mil.) (Bike, Shared, Includes Bike Symbol and Two (2) Sharow Markings)$445.00 32 1723 EA 50 $ 22,250.00 148 FumishMstall Thermoplastic Preformed - Contrast (90 mil.) (Bike, Includes Bike Symbol Only) 32 1723 EA 50 $400.00 $ 20,000.00 149 Fumist✓Install Thermoplastic Preformed - Contrast (90 mil.) (Bike, Shared, Includes Two (2) Sharow Markings) 32 1723 EA 50 S445.00 $ 22,250.00 150 Fumisl✓Install Thermoplastic Preformed - Contrast (90 mil.) (Bike, Arrow, Includes 1 Straight Arrow Only) 32 1723 EA 50 S485.00 $ 24,250.00 151 Fumish/Install 12" White or Yellow - Contrast, 3M, A3801 ES, Stamark Brand Tape 32 1723 LF 100 S16.55 $ 1,655.00 152 Furnish/Install 18" Multipolymer White, Solid Line 32 1723 LF 1,500 S7.00 S 10,500.00 153 FurnishMstall Multipolymer (Single Head Curve Arrows, BIKE, BUS, or ONLY's) 32 17 23 EA 50 $200.00 S 10,000.00 154 FurnishMstall Multipolymer (Single Head Straight Arrows) 32 1723 EA 50 $200.00 S 10,000.00 155 Furnish/Install Multipolymer (Lane Reduction Arrows, 12' Long) 32 1723 EA 50 S500.00 $ 25,000.00 156 FumisWInstall Multipolymer Double Head Combo Arrows 32 1723 EA 50 S375.00 $ 18,750.00 157 Fumish/Install Multi of er (Triple Head Combo Arrows 32 1723 EA 50 $475.00 S 23,750.00 158 FumishMstall Multipolymer (Rail Road (X & RR), Including Tbree (3) 24" Stop Bars) 32 1723 EA 50 $1,000.00 S 50,000.00 159 FumisWlnstall Multipolymer (36 x 24, Yield Symbol) 32 1723 1 EA 50 S75.00 $ 3,750.00 160 Furnish/Install Multipolymer (Yield, Bike, Shared, Includes Bike Symbol and Two (2) Sharow Markings) 32 1723 EA 50 SI85.00 S 9,250.00 161 FumishMstall Multipolymer (Bike, Includes Bike Symbol Only) EA 50 SI85.00 S 9,250.00 162 Fumishlinstall Multipolymer (Bike, Arrow, Includes 1 Straight Arrow Only, 61 EA 50 $185.00 S 9,250.00 163 FumishMstall Multipolymer (Single Head Curve Arrows or ONLY's) EA 50 $200.00 S 10,000,00 164 Furnish/Install Multipolymer (Single Head Straight Arrows) R17 EA 50 $200.00 $ 10,000.00 165 Fumish/Install Multipolymer (Lane Reduction Arrows, 12' Lung) EA 50 $500.00 S 25,000.00 166 FumishMstall Multipol er (Double Head Combo Arows) EA 50 $375.00 $ 18,750.00 167 FumishMstall Multipolymer (Triple Head Combo Arows) EA 50 $475.00 S 23,750.00 168 FumishMstall Multipolymer (Rail Road (X & RR), Including Three (3) 24" Sto Bars) EA 50 $1,000.00 $ 50,000.00 169 Famish/Install Multipolymer (5 Feet Wide, Bike Green, Premark Brand) Including Sealer, Must Use 2 Part Sealer 32 1723 LF 50 $125.00 $ 6,250.00 170 Remove Multipolymer Arrows Including Lane Reduction Arrows or ONLY or BIKE Symbol Pavement Legend 32 1723 EA 50 $100.00 $ 5,000.00 171 Remove Multipolymer Railroad Legend, Including X, RR, and Three (3) 24" Stop Bars 321723 EA 50 $300,00 $ 15,000.00 172 Remove 8" White or Yellow Multipolymer 321723 LF 300 $0.95 S 285.00 173 Remove 12" White or Yellow Multipolymer 32 17 23 LF 250 SI.35 S 337.50 174 Remove 24" White Multipolymer 32 1723 LF 250 $2.70 $ 675.00 175 Remove Multipolymer 36 x 24 Symbol (YIELD) 32 1723 EA 50 S16.55 S 827.50 176 Furrish/Install Multipolymer White (WORD) 32 17 23 LF 250 S200.00 S 50,000.00 177 Remove Multipolymer White (WORD) 32 17 23 LF 50 S50.00 $ 2,500.00 178 Remove Aexcel White Chlorinated Zone Marking Paint 12 W-DI10 32 12 16 LF 500 $0.55 $ 275.00 179 Portable Message Sign 3471 13 EA 50 $300.00 $ 15,000.00 180 Full Highway Closure per day - (NightfWmkend) - Traffic Control • 3471 13 EA 50 S7,850.00 $ 392,500.00 181 Traffic Control • 34 71 13 MO 3 S850.00 $ 2,550.00 182 Furnish Street Permit 01 7000 EA I $750.00 S 750.00 183 Railroad Flagmen 013513 WD 10 S2,150.00 S 21,500.00 184 Work Order Mobilization (SO-$25,000) 01 70 00 EA 1 S2,500.00 $ 2,500.00 185 Work Order Mobilization($25,000-S50,000) 017000 EA 1 $2,000.00 $ 2,000.00 186 Work Order Mobilization (S50,000-$ 150,000) 017000 EA 1 11,800.00 S 1,800.00 187 Work Order Mobilization ($150,000-$300,000) 017000 EA 1 $1,500.00 $ 1,500.00 188 Work Order Mobilization $300,000-$500,000) 017000 EA 1 S750.00 $ 750.00 Total - Base Bid S 4,520,802.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS R-imd 9/302021 2022 OnCcll P-1 Marking, Contraq CPN 102906 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 2 That we, Traffic Highway Maintenance, LLC , known as "Bidder" herein and SureTec Insurance 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 (5%) 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 2022 On -Call Pavement Markings Contract 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 penalty 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 States 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 3rd day of November 2022• AT ES: Witness as to Pr cipal PRINCIPAL: Traffic Highway Maintenance, LLC BY: 7 Signature K61:h R0i;*nu)a*er easiako+- Name and Title CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 2022 On -Call Pavement Markings Contract CPN 102906 VYftnys as to S rety Ryan Kinlin, Attorney -in -Fact Attach Power of Attorney (Surety) for Attorney -in -Fact 00 43 13 BID BOND Page 2 of 2 Address: 930 KCK Way Cedar Hill, TX 75104 469-523-0180 SURETY: SureTec Insurance Company BY: sue. Ignature Karen L. Baylor, Attorney=ln-Fact___` Name and Title Address: 2103 CityWest Blvd., Suite 1300 Houston, TX 77042 Telephone Number: 713-812-0800 *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 Surety's 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2022 On -Call Pavement Markings Contract Revised 9/30/2021 CPN 102906 POAy 4221895 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having Its principal office In the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having Its principal administrative office in Glen Allen, Virginia, does by these presents make, constitute and appoint: Stephen Smith, Douglas X. Brewka, Byron R. Dudney, Cory Brooke, Brannon Brooke, Ryan Kinlin, Karen L. Baylor Their true and lawful agent(s) and attorney(s)-In-fact, each In their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, Individually as a surety or jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking In suretyship provided; however, that the penal sum of any one such Instrument executed hereunder shall not exceed the sum of: Twenty Five Million and 00/100 Dollars ($25,000,000.00) This Power of Attorney Is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged -by any officer or attorney, of the company, qualifying the attorney or attorneys named In the given power of attorney, to execute In behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to behereuntoaffixed and these presents to be signed by their duly authorized officers on the 21st day of oecembeF 1 2021 . SureTec Insurance Company .1- VpANC. X ` OO Pt 9�)v By: *uJ 5 !2 Michael C. Kelinig, President 'p''. 1� Commonwealth of Virginia County of Henrico SS: p[tturlu� Markel Insure ce Company ma's$P& SEAL tDDb= R In Russo, Senior Vice President 'z'rrfllnrit�l\�,, On this 21st day of December, 2021 A. D., before me, a Notary Public of the Commonwealth of Virginia, In and for the County of Henrico, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described In, who executed the preceding Instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding Instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said Instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to In the preceding Instrument is now In force. ,,pete�s11ertr1 , NOO/V,q' IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed mob 59aaFarthe C4 ltyof Henrico, the day and year first above written. o : o�� 2 MY By: COMMISSION n NUMBER Q O : Donna Donavant, Notary Public 2i • 7083968 �.��' My commission expires 1/31/2023 We, the undersigned Officers of SureTec Insurance Company and Markerkgis* Nl li�6�y; q erby certify that the original POWER OF ATTORNEY of which the foregoing Is•a full, true and correct copy Is still in full force and effect and ha00W4r4eteq rVyoklsd. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 3rd day of November 2022 Sur ec Insur ce C pan Markel Insurance Company By M, Br t Beaty, Assistant Secreta Richard R. Grinnan, Vice Preslderst aneu ary Any Instrument Issued In excess of the penalty stated above Is totally void and without any validity. 4221895 For verification of the authority of this Power you may call (713)812-0800 on any business day between 8:30 AM and 5:00 PM CST. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714-9104 Fax#: 512-490-1007 Web: http://www.tdi.texas..qov Email: Con sum erProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. Texas Rider 8/2019 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 are not required to underbid resident bidders. , our principal place of business, B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. K] BIDDER: Traffic Highway Maintenance, LLC. Date: 11 /02/2022 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2022 On -Call Pavement Markings Contract Revised 9/30/2021 CPN 102906 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 M 0045 12 -1 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 4512 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 TContractor/Subcontractor Company Name Prequalification Type Expiration Date None The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Traffic Highway Maintenance LLC. By: Keith Rainwater Company 930 KCK Way Signat Address Cedar Hill, TX 75104 Title: City/State/Zip (Please Print) Date: 11 /02/2022 END OF SECTION CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised September 30, 2021 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 102906. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Traffic Highway Maintenance LLC. By: Company 930 KCK Address Sigr Cedar Hill, TX 75104 Title: rresiaeni City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared h e I f R i�q &j a * P , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of /(iv v Ain enyqNe e for the purposes and expressed consideration thereinand in the capacity therein stated. G N UND R MY HAND AND SEAL OF OFFICE this ,3 R1( day of No v,- In AeR , 20Ou N y PpSlic in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 ®�re•�- ,vvr,q��i���i TAW; .40 ^^cL • C s 2022 ON -CALL PAVEMENT MARKINGS CONTRACT CPN 102906 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:Hcodelibrga.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 5% 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 REQUIRED 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-Protege 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://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MW E/Business Equity Utilization 46 Form_DVIN 2022 220324.pdf 47 48 Letter of Intent CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.pdf 3 4 Business Equity Good Faith Effort Form 5 https://apps.fortworthtexas.zo�jectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form _DVIN2022.pdf 7 8 Business Equity Prime Contractor Waiver Form 9 https://apps.fortworthtexas.gov�/ProjectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.pdf 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Business Equity Joint Venture Form https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/MWBE Joint Venture_220225.pdf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REQUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817) 392-2674. END OF SECTION CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised October 27, 2021 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on March 21, 2023, 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 Traffic Highway Maintenance, LLC, 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: 2022 On -Call Pavement Markings Contract CPN 102906 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 Five Million and 00/100 Dollars ($5,000,000.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work will be issued on a task order basis and Final Acceptance of each task order will be determined as that work is completed, 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 Five Hundred and 00/100 Dollars ($500.00) 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. 4.3 Renewal OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX The City may renew this Agreement for up to four (4) additional time periods under the same terms, conditions, and unit prices. The City shall provide at least sixty (60) days' notice to the Contractor of the City's intent to renew. CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised 8/22/2022 00 52 43 - 2 Agreement Page 2 of 6 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. 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 aad Fedena doetiments 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 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised 8/22/2022 00 52 43 - 3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its 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. 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. CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised 8/22/2022 00 52 43 - 4 Agreement Page 4 of 6 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. 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 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised 8/22/2022 00 52 43 - 5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised 8/22/2022 005243-6 Agreement Page 6 of 6 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: Traffic Highway Maintenance, LLC By: Keith Rainwater (Mar 31, 202313:44 CDT) Signature Keith Rainwater (Printed Name) President Title 930 KCK Way Address Cedar Hill, Texas 75104 City/State/Zip Mar 31, 2023 Date City of Fort Worth By: William Johnson (Ap 14, 202314:08 CDT) William M. Johnson Assistant City Manager Apr 14, 2023 Date �portr°�cp e �oo°s°P Attest: ' l� V �,pp �/(qX\�A / =o .. SmJts� PPa °cnq�zn544 Jannette Goodall, City Secretary (Seal) M&C: 23-0226 Date: March 21, 2023 Form 1295 No.: 2022-958600 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. Quenell T. Johnson (Mar 31, 202313:50 CDT) Quenell Johnson, P.E. Engineering Manager Approved as to Form and Legality: DBlack (Apr 14, 2023 09:24 GMT+2) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: Lauren Prieur (Apr 13, 2023 14:14 CDT) Lauren L. Prieur, P.E., Interim Director, Transportation and Public Works CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 006113-1 PERFORMANCL BOND Page 100 2 1 SECTION 00 6113 Bond No. 4461450 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS. 6 COUNTY OF TARRANT § 7 That we, Traffic Highway Maintenance, LLC, known as "Principal" herein and SureTee 8 Insurance Company, a corporate surety duly authorized to do business in the State of Texas, 9 known as "Surety" herein (whether one or more), are held and firmly bound unto the City of .Fort 10 Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in 11 the penal sum of, Five Million and 00/100 Dollars ($5,000,000,00), lawful money of the United 12 States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sutra well and 13 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 14 jointly and severally, firmly by these presents. 15 WHEREAS, the Principal has entered into a certain written contract with the City 16 awarded the 211 day of March, 2023, which Contract is hereby referred to and made a part hereof 17 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 18 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 19 provided for in said Contract designated as 2022 On -Call Pavement Markings Contract, CPN 20 102906. 21 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 22 shall faithfully perform it obligations under the Contract and shall in all respects duly and 23 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 24 specifications, and contract documents therein referred to, and as well during any period of 25 extension of the Contract that may be granted on the part of the City, then this obligation shall be 26 and become null and void, otherwise to remain in full force and effect, 27 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 28 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 29 Worth Division, 30 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 31 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 32 accordance with the provisions of said statue. CrTY OF FORT WORTH 2O22 ON -CALL PAVEMENT WMUNGS CONTRACT STANDARD CONSTRWnON SPEWICATION DOCUMENTS CPN 102906 Revised July 1, 2011 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 IN WITNESS WHERE, 01F, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 30th day of March , 2023. 4 5 6 7 8 9 I0 ATTEST: 11 12 13 (Princi Secretary 14 15 16 17 18 19 >i ness as to Principal 20 21 22 23 24 25 26 27 28 29 30 31 32 �I 33 ' 34 Witness as to Surety 35 Karen Baylor, Attorney -in -Fact 36 37 PRINCIPAL: Traffic Highway Maintenan L BY: ,Signature f e I f L & ( �) c11�r7�:±2 f�ue5, Name and Title Address: 930 KCK Way Cedar Hill, Texas 75104 SURETY: SureTec Insurance Company BY: gnature Ryan Kinlin, Attorney -in -Fact Name and Title Address: 2103 CityWest Blvd. Suite 1300 Houston, Texas 77042 Telephone Number: 713-812-0800 38 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. if 40 Surety's physical address is different from its mailing address, both must be provided. 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH 2022 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SI'H'C1F1CATION DOCUMENTS CPN 102906 Revised July 1, 2011 DO 61 14 - 1 PAYMENTHOND Page l of Bond No. 4461450 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRE,5ENTS: 6 COUNTY OF TA,RRANT § 7 That we, Traffic Highway Maintenance, LLC, known as "Principal" herein, and SureTec B Insurance Company, a corporate surety, duly authorized to do business in the State of Texas, 9 known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Port 10 Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as 11 "City" herein, in the penal sum of Dive Million and 00/100 Dollars ($5,000,000.00), lawful 12 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of 13 which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, 14 successors and assigns, jointly and severally, firstly by these presents: 15 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 16 21" day of March, 2023, which Contract is hereby referred to and made a part hereof for all 17 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 18 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 19 designated as 2022 On -Call Pavement Markings Contract, CPN I D2906. 20 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 21 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 22 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 23 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 24 force and effect. 25 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 26 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 27 accordance with the provisions of said statute. 28 CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 10M Revised July 1, 2011 5 6 7 8 9 10 11 12 006114-2 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 30th day of 3 March .2023. 4 ATTEST: (Princ' Secretary :5 ess as to Principal PRINCIPAL: Traffic High -wag Maintenan , BY: ///, 0 Signature Name and Title Address: 930 KCK Way Cedar Hill, Texas 75104 SURETY: SureTec Insurance Compan ATTEST: BY: zz-c" 6 Si a e _Ryan Kinlin, Attorney -in -Fact (Suety) Secretary Name and Title lv Witness as to Surety Karen Baylor, Attorney -in -Fact Address: 2103 CityWest Blvd. Suite 1300 Houston, Texas 77042 Telephone Number: 713-812-0800 Note: If signed by an officer of the Surety, there mast be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its inailin.g address, both trust be provided, The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECEZCATION DOCUMENTS CPN 102906 Revised July 1, 2011 POA# 4221895 JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That SureTec Insurance Company, a Corporation duly organized and existing under the laws of the State of Texas and having Its principal office in the County of Harris, Texas and Markel Insurance Company {the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office In Glen Allen, Virginia, does by these presents make, constitute and appoint: Stephen Smith, Douglas X, Brewka, Byron R. Dudney, Cory Brooke, Brannon Brooke, Ryan Kinlin, Karen L. Baylor Their true and lawful agent(s) and attorney(s)-In-fact, each In their separate capacity if more than one is named above, to make, execute, seal and deliver for and on their own behalf, individually as a surety or Jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking In suretyship provided, however, that the penal sum of anyone such instrument executed hereunder shall not exceed the sum of; Twenty Five Million and 00/100 Dollars ($25,000,000.00) This Power of Attorney Is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of 5ureTec Insurance Company and Markel Insurance Company: "RESCILVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named in the given power of attorney, to execute In behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markel Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 27th day of January , 2023 . SureTec Insurance Company �k-w By. Michael C. Keimig, President ''mil••-•• '' '�' ��`�` State of Texas County of Harris; On this 271h day of January , 2023 A. D,, before me, a Notary Public of the State of Texas, In and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said companies referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. i,q A.... JULIR E. MCCLARY �n _� Notary Public State of Texas By; I y �C Commission # 12947680-5 "J -,... fit= IJ le E, Mctlary, Notary Public ' °f„•"' Commission Wes Marcie 29, 2026 y commission expires 3/29/2026 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 30th day of March 2023 Wirc(nt Company e ' istant Secretary Any Instrument Issued In excess of the penalty stated above Is totally void and without any.vOidity, 4221895 For verfication of the authority of this Power you may call (113)812-0800 on anY liuslne'ss day between 830 AM and 5:00 PM CST, Markel Insurance Company SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax#: 512-490-1007 Web: htti2://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. SIC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 0061 19- 1 MAIlVTENANCE BOND Pago I of Bond No. 4461450 1 SECTION 00 611119 2 MADMNANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Traffic Highway Maintenance, LLC, known as ".principal" herein and SureTec 9 Insurance Company, a corporate surety (sureties, if more than one) duly authorized to do business 10 in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound 11 unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of 12 Texas, known as "City" herein, in the sum of Five Million and 00/100 Dollars ($5,000,000.00), 13 lawful money of the United States, to 6e paid in Fort Worth, Tarrant County, Texas, for payment 14 of which sum well and truly be made unto the City and its successors, we bind ourselves, our 15 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents, 17 18 YAWREAS, the Principal has entered into a certain written contract with the City awarded 19 the 21 a day of March, 2023, which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 21 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 22 authorized Change Order (collectively herein, the "Work") as provided for in said contract and 23 designated as 2022 On -Call Pavement Markings Contract, CPN 102906; and 24 25 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 26 accordance with the plans, specifications and Contract Documents that the Work is and will 27 remain free from defects in materials or workmanship for and during the period of two (2) years 28 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 29 30 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 31 upon receiving notice from the City of the need therefor at any time within the Maintenance 32 Period. 33 CITY OF FORT WORTH 2On ON -CALL PAVEMENT MARKINGS CONTRACT 1`ANDARD MN4STRiIL'7`IOA SPECMCATIO]T CPN 102906 R"Isal July 1, 2011 006119-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall 2 remedy any defective Work, for which tamely notice was provided by City, to a completion 3 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 4 full force and effect, 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and to 1 l PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER, that this obligation shall be continuous 6 nature and 16 successive recoveries may be had hereon for successive breaches, 17 1s t9 CITY OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION -SPECIFICATION -DOCUMENTS CPN 102W Revised July 1, 201 I 00 61 19 - 3 MAINTENANCE BOND Page 3 of 3 I IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 30th day of March 3 , 2023. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 71�1` "PI e1pa1 a atary Hess as to Principal ATTEST: PRINCIPAL: Traffic highway Maintena e, L BY: Signatu ffeiA Pats Name and Title Address: 930 KCK Way Cedar Hill, Texas 75104 SURETY: SureTec Insurance Company ZBY: _ S' ature Ryan Kinlin, Attorney -in -Fact Name and Title Address: 2103 CityWest Blvd., Suite 1300 (Surety) Secretary Houston, Texas 77042 Witness as to Surety 0 Telephone Nmnber: 713-812-0800 Karen Baylor, 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 Surety's 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. C17Y OF FORT WORTH 2O22 ON -CALL PAVEMENT MARKINGS CONTRACT STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 102906 Revised July 1, 2011 POA# 4221895 .JOINT LIMITED POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That SureTec Insurance Company, a Corporation duly organized and existing under the iaws of the State of Texas and having its principal office In the County of Harris, Texas and Markel Insurance Company (the "Company"), a corporation duly organized and existing under the laws of the state of Illinois, and having its principal administrative office In Glen Allen, Virginia, does by these presents make, constitute and appoint; Stephen Smith, Douglas X. Brewka, Byron R. Dudney, Cory Brooke, Brannon Brooke, Ryan Kinlin, Karen L. Baylor Their true and lawful agent(s) and attorneys) -in -fact, each in their separate capacity If more than one is named above, to make, execute, seal and deliver for and on their own behalf, Individually as a surety or Jointly, as co -sureties, and as their act and deed any and all bonds and other undertaking in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: Twenty Five Million and 00/100 Dollars ($25,000,000.00) This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolutions adopted by the Board of Directors of SureTec Insurance Company and Markel Insurance Company: "RESOLVED, That the President, any Senior Vice President, Vice President, Assistant Vice President, Secretary, Assistant Secretary, Treasurer or Assistant Treasurer and each of them hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the company, qualifying the attorney or attorneys named In the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the SureTec Insurance Company and Markei Insurance Company, as the case may be, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Markel Insurance Company and SureTec Insurance Company have caused their official seal to be hereunto affixed and these presents to be signed by their duly authorized officers on the 271h day of January , 2023 . SureTec Insurance Company ; %1 k)?AA(C,�,i'' \�SVµANC wr'f 9 �0 "'' Michael C. Keimig, President •...* •'nitg0 '�,, •' s.*� State of Texas County of Harris: On this 27th day of January , 2023 A. D., before me, a Notary Public of the State of Texas, In and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICERS OF THE COMPANIES, to me personally known to be the individuals and officers described in, who executed the preceding instrument, and they acknowledged the execution of same, and being by me duly sworn, disposed and said that they are the officers of the said companies aforesaid, and that the seals affixed to the proceeding instrument are the Corporate Seals of said Companies, and the said Corporate Seals and their signatures as officers were duly affixed and subscribed to the said Instrument by the authority and direction of the said companies, and that Resolutions adopted by the Board of Directors of said Companies referred to In the preceding Instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. JULIE E. MCCIARY ?; Notary Public State of Texas By,(1 Commission # 129475W-5 fJ ie E, McClary, Notary Public Cow fission Expires WO 29, 2026 y commission expires 3/29/2026 We, the undersigned Officers of SureTec Insurance Company and Markel Insurance Company do herby certify that the original POWER OF ATTORNEY of which the foregoing is a fun, true and correct copy Is still in full force and effect and has not been revoked, IN WITNESS WHEREOF, we have hereunto set our hands, and affixed the Seals of said Companies, on the 30th day of March 2023 ur suWry_ Markel Insurance Company B By: M. Br nt Beay And w Ma guts, As '11nr Any Instrument Issued in excess of the penalty stated above is totally vold and without any validity, 4221895 For verification of the authority of this Power you may call (7131812-0800 on eny boslness day between 830 AM and 5:00 PNICST. SureTec Insurance Company IMPORTANT NOTICE Statutory Complaint Notice/Filing of Claims To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint or file a claim at: 1-866-732-0099. You may also write to the Surety at: SureTec Insurance Company 9500 Arboretum Blvd., Suite 400 Austin, TX 78759 You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at 1-800-252- 3439. You may write the Texas Department of Insurance at: PO Box 149104 Austin, TX 78714- 9104 Fax# : 512-490-1007 Web: http://www.tdi.state.tx.us Email: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. SEC TX Rider TDI Required Notices rev 07_2022 Page 1 of 1 FORTWORTH -Tqr,- Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2022 On -Call Pavement Markinas ITHMI M&C: 23-0226 CPN: 102906 CSO: 59250 DOC#: Date: 04/07/23 To: Name Department Initials Date Out 1. Deirdre O'Neal Risk -Approver 04/11 /23 2. Michael Owen TPW-Approver .0 04/13/23 3. Lauren Prieur TPW-Signer 04/13/23 4. Priscilla Ramirez Legal -Approver 7P— 04/13/23 5. Doug Black Legal -Signer �, b 04/14/23 6. William Johnson ACM -Signer 04/14/23 7 Melissa Brunner CSCO-Approver 04/18/23 8 Jannette Goodall CSCO-Signer 04/18/23 9 Allison Tidwell CSCO-Form Filler -AL 04/19/23 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: ❑YES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Reguired:_ ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to the General Conditions & Specs ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContractska fortworthtezas.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: 2022 On -Call Pavement Markings [THMI M&C: CPN: 102906 CSO: DOC#: Date: 03/08/23 To: Name Department Initials Date Out I . Keith Rainwater / THM Vendor -Signer � 03/31 /23 2. Proj Mgr.: Quenell Johnson TPW-Signer Q7-j 03/31 /23 3. Michelle Hadley -McGhee TPW-Review „o,,,, 04/06/23 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. NEEDS TO BE NOTARIZED: DYES ®No RUSH: ❑YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(a,fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! QBond Verification MM&C From: Ritchie. Hobe To: Hadley -McGhee, Michelle Subject: RE: PLEASE REPLY - BOND VERIFICATION REQUEST [CPN #102906 - (2022 On -Call Pavement Markings) [THM]] Date: Wednesday, April 5, 2023 9:51:31 AM Attachments: imaae001.Dna 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. Hello, This bond and bond amount are verified. Please let me know if you need anything else! Thanks, Hope Ritchie Contract Underwriting Assistant, Markel Surety Markel Insurance Company/ Suretec Insurance Company 9500 Arboretum Blvd., Suite 400, Austin, TX 78759 Office: (713) 812-0880 Direct: (512) 330-1852 www.Markelsurety.com From: Hadley -McGhee, Michelle <Michelle.Hadley-McGhee@fortworthtexas.gov> Sent: Tuesday, April 4, 2023 4:42 PM To: RA MKL Bond Verification <bondverification@markel.com> Subject: PLEASE REPLY - BOND VERIFICATION REQUEST [CPN #102906 - (2022 On -Call Pavement Markings) [THM]] 04/04/2023 Good afternoon. The City of Fort Worth is in receipt of the following referenced bond(s) — BOND #4461450, in the amount of $5,000,000.00 (Five Million & 00/100 Dollars), from Traffic Highway Maintenance, LLC for City Project #102906 - (2022 On -Call Pavement Markings). 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, michelle. had ley-mcghee(&fortworthtexas.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. .tookin,y foawazo; OYIc/e!!e 0#adleyecJrAee Contract Compliance Specialist City of Fort Worth Transportation & Public Works (TPW) 200 Texas Street, Fort Worth, TX 76102 Direct: 817-392-7233 Michelle.Hadley-McGhee(a)fortworthtexas.gov City of Fort Worth — Working together to build a strong community. FORTWORTH,