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HomeMy WebLinkAboutContract 59715FORTWORTU,i) CSC No. 59715 CONTRACT FOR THE CONSTRUCTION OF 2023 CONCRETE RESTORATION CONTRACT 4 AT VARIOUS LOCATIONS City Project No. 104771 Mattie Parker David Cooke Mayor City Manager William Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2023 OF OMAR ELgAGALAT ....... 130040 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. "I'll City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 /0 0005 13 00 11 13 Addend Invitation to Bidders 0:7 i 1/20 ii 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 nno0 45 11 Vendor Compliance to State Law Nonresident Bidder Bidders v-o,,, 06/27/2011 n4ii�n04 0045 1-2 alif4,,atiers im Ded,ri.14+I21ft nn /�0v z 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 08/22/2022 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 0132 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 0158 13 Temporary Project Signage 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 0177 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 32 - Exterior Improvements 32 1123 Flexible Base Courses 12/20/2012 32 13 13 Concrete Paving 06/10/2022 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/9/2021 32 1373 Concrete Paving Joint Sealants 12/20/2012 3291 19 Topsoil Placement and Finishing of Roadway Right -of -Ways 3/11/2022 Division 33 - Utilities 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade Division 34 - Transportation 3471 13 1 Traffic Control 03/22/2021 Special Specification 99 99 00 1 Geogrid Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httv:Hfortworthtexas.2ov/tDw/contractors/ or httvs://avvs.fortworthtexas.uov/Proi ectResources/ Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 15 Paving Removal Division 31- Earthwork 3123 16 1 Unclassified Excavation Division 32 - Exterior Improvements 32 1123 Flexible Base Courses 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 32 1723 Pavement Markings 32 1725 Curb Address Painting 3291 19 Topsoil Placement and Finishing of Roadway Right -of -Ways 32 92 13 Sodding Last Revised 03/11/2022 02/02/2016 01/28/2013 12/20/2012 06/10/2022 12/9/2021 12/20/2012 06/10/2022 11/04/2013 3/11/2022 05/13/2021 CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 Revised June 10, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 Division 33 - Utilities 3305 13 Frame, Cover and Grade Rings 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 3305 16 Concrete Water Vaults 3305 17 Concrete Collars 33 12 10 Water Services 1-inch to 2-inch Division 34 - Transportation 3471 13 1 Traffic Control Appendix GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GN-1.0 General Notes SD-1.0 Standard Construction Details PQ-1.0 Project Map and Quantity END OF SECTION 12/09/2021 1 03/11/2022 12/20/2012 03/11/2022 02/14/2017 1 03/22/2021 1 CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 Revised June 10, 2022 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/13/23 M&C FILE NUMBER: M&C 23-0466 LOG NAME: 2023 CONCRETE RESTORATION CONTRACT 4 SUBJECT (CD 2, CD 5, CD 7, and CD 9) Authorize Execution of a Contract with Makou, Inc., in the Amount of $2,280,180.00 for 2023 Concrete Restoration Contract 4 at Various Locations RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Makou, Inc., in the amount of $2,280,180.00 for 2023 Concrete Restoration Contract 4 project (City Project No. 104771) at various locations. DISCUSSION: In the Fiscal Year 2023 Pay -Go Contract Street Maintenance Program, various types of street maintenance projects are grouped into specific contract packages. The 2023 Concrete Restoration Contract 4 provides for the repair and reconstruction of failed concrete pavement at five locations listed below under the Contract Street Maintenance Program (City Project No. 104771). Street From To Square Yards Championship Hwy 114 Championship Pkwy 4,060 Pkwy (Circle) IN Riverside Dr ISawtimberTrlIFrisco Wood Dr 1,345 (Morton St (University Dr Norwood St 1,978 Marine Creek NW College NW Jim Wright Fwy 2,750 Pkwy Dr FAA Blvd Buckingham E City Limit 6,000 Rd I Total: 16,133 Construction for this project is expected to start in summer 2023 and be completed by spring 2024. Upon completion of the project there will be no anticipated impact on the General Fund operating budget. This project was advertised for bid on March 30, 2023 and April 6, 2023 in the Fort Worth Star -Telegram. On April 27, 2023, the following bids were received: Bidder Amount Time of Completion IMakou, Inc. $2,280,180.00 244 Calendar Days IFNH Construction, LLC $2,408,144.72 (Urban Infraconstruction, LLC $2,701,250.00I Capko Concrete Structures, LLC $3,332,322.06I IWesthill Construction, Inc. $4,142,988.44I Funding is budgeted in the TPW Highway & Streets Department's General Capital Projects Fund for the purpose of funding the 2023 Concrete Resto Contract 4 project as appropriated. M/WBE OFFICE — MAKOU, INC is in compliance with the City's Business Equity Ordinance by committing to 100% Minority/Women-owned Business Enterprises (M/WBE) participation on this project. The City's Minority/Women-owned Business Enterprises (M/WBE) goal on this project is 23%. This project is located in COUNCIL DISTRICTS 2, 5, 7, and 9/FUTURE COUNCIL DISTRICTS 2, 5, 7 and 9. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the 2023 Concrete Resto Contract 4 to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: William Johnson 5806 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 0011 13 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of 2023 CONCRETE RESTORATION CONTRACT 4, City Project No. 104771 will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, April 27', 2023 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: 8,787 SY Concrete removal and replacement with 7" concrete pavement HES 7,345 SY Concrete removal and replacement with 9" concrete pavement HES 2,459 CY Flex Base 11,066 SY Geogrid DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at.htW://www.fortworthtexas.aov/i)urchasina/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be purchased from Marwan Hafez, Marwan.Hafeza,fortworthtexas.2ov. City of Fort Worth, TPW, 5001 James Avenue, Fort Worth, TX 76115. The cost of Bidding and Contract Documents is: $30.00 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 httt):Hfortworthtexas.2ov/Durchasin2/ 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: CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104771 Revised 7/19/2021 0011 13 INVITATION TO BIDDERS Page 2 of 2 DATE: Tuesday, April 11", 2023 TIME: 10:00 A.M. Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from bonds, grants, etc. and reserved by the City for the Project. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Marwan Hafez, City of Fort Worth Email: Marwan.Hafez(a),fortworthtexas.2ov ADVERTISEMENT DATES March 30, 2023 April 6, 2023 END OF SECTION CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104771 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 8 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. OMITTED 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104771 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 8 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. OMITTED 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104771 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 8 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104771 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 8 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Marwan Hafez, Transportation and Public Works Email: Marwan.Hafez(cr�,fortworthtexas.2ov Phone: 817-392-7968 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 httos://docs.b360.autodesk.com/shares/9f2654d9-87da- 4073-W30-56c9cee3l c8f. 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104771 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 8 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: httl)s://codelibrga.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104771 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 8 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Withdrawal of Bids CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104771 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 8 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104771 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 8 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httus://www.ethics.state.tx.us/data/forms/1295/1295.vdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 104771 Revised/Updated November 2, 2021 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) hftr)s://www.ethics.state.b(.us/data/forms/conflict/CIS.Ddf ❑ 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: MAKOU INC. By: MAQSOOD KHAN Signature: Title: PRINCIPAL END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 CONCRETE RESTORATION CONTRACT 4 Revised February 24, 2020 City Project No. 104771 0041 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: 2023 CONCRETE RESTORATION CONTRACT 4 AT VARIOUS LOCATIONS City Project No.: 104771 Units/Sections: 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 CONCRETE RESTORATION CONTRACT 4 Revised 9/30/2021 City Project No. 104771 0041 00 BID FORM Page 2 of 3 d. 'coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Not Applicable b. Not Applicable c. Not Applicable d. Not Applicable e. Not Applicable f. Not Applicable g. Not Applicable h. Not Applicable 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 240 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequaliflcation Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 CONCRETE RESTORATION CONTRACT 4 Revised 9/30/2021 City Project No. 104771 0041 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. 7. Bid Submittal This Bid is submitted on 4/27/23 Respectfully submitted, By: 0"1' (Signature) MAQSOOD KHAN (Printed Name) Title: PRINCIPAL Company: MAKOU INC. Address: 7100 S. COOPER ST. #15 ARLINGTON,TX. 76001 State of Incorporation: TEXAS Email: makouinc@gmail.com Phone: 817-798-5426 END OF SECTION $2,280,180.00 by the entity named below. Receipt is acknowledged of the following Addenda: JAddendum No. 1: lAddendum No. 2:/� lAddendum No. 3: /A lAddendum No. 4: Corporate Seal: Initial CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 CONCRETE RESTORATION CONTRACT 4 Revised 9/30/2021 City Project No. 104771 004243 DID PROPOSAL Page 1 of 1 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID ►�/ „nkk-o Lf Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description Specification Section Unit of Bid Unit Price Bid Value No. No. Measure Quantity 1 0135,0201 Remobilization 017000 EA 1 $500.00 $500.001 2 3471.0002 Portable Message Sign 3471 13 WK 24 $700.00 $16,800.001 3 9999,0000 Remove and Replace 6" Concrete Driveway 02 41 13/ 32 13 20 SF 220 $14.00 $3,080.001 4 9999.0000 Remove Concrete and Replace with 7" Concrete Pavement HES 02 41 15/32 13 13 SY 8,787 $105.00 $922,635.001 5 9999.0000 Remove Concrete and Reolare with 9" Concrete Pavement HES 02 41 15/32 13 13 SY 7,345 $111.00 $815,295.001 6 3123.0101 Unclassified Excavation 3123 16 CY 200 $53.00 $10,600.001 7 3211.0122 Flex Base, Type A, GR-2 3211 23 CY 2,459 $85.00 $209,015.001 8 3213.0208 Concrete HES (extra depth) 32 13 13 CY 150 $210.00 $31,500.001 9 3292.0100 Block Sod Placement 32 92 13 SY 1,000 $12.00 $12,000.00 10 3291.0100 Topsoil 3291 19 CY 100 $54.25 $5,425.001 11 3213.0700 Joint Sealant 32 13 73 LF 2,000 $5.00 $10,000.001 12 3305.0108 Miscellaneous Adjustment (Utilities) 3305 14 LS 1 $5,000.00 $5,000.001 13 9999.0000 Geogrid Tensar (TRIAX 140-475) or Approved equal 99 99 00 SY 11,066 $5.00 $55,330.00 1 14 3217.2001 Raised Marker TY W 32 17 23 EA 400 $6.00 $2,400.001 15 3217.2002 Raised Marker TY Y 32 1723 EA 100 $6.00 $600.001 16 3217.2101 REFL Raised Marker TY I -A 32 1723 EA 100 $6.00 $600.001 17 3217.2102 REFL Raised Marker TY I-C 32 1723 EA 100 $6.00 $600.001 18 3217.2103 REFL Raised Marker TY H-A-A 32 17 23 EA 100 $6.00 $600.001 19 3217.2104 REFL Raised Marker TY II-C-R 32 17 23 EA 100 $6.00 $600.001 20 3441.1301 Loop Detector Cable Sawcut 3441 10 LF 600 $10.00 $6,000.001 21 3441.1302 14 AWG Loop Detect Cable 3441 10 LF 600 $12.00 $7,200.00 1 22 3217.0001 4" Solid Thermoplastic (HAS) Lane Line 32 1723 LF 400 $4.00 $1,600.001 23 3217.0201 6" Solid Thermoplastic (HAS) Lane Line 32 17 23 LF 1,000 $6.00 $6,000.00 24 3217.0301 8" SLD Pvmt Marking HAE 32 1723 LF 400 $8.00 $3,200.00 25 3217.0401 18" SLD Pvmt Marking HAE 32 17 23 LF 400 $10.00 $4,000.001 26 3217.0501 24" SLD Pvrnt Marking HAE 32 17 23 LF 800 $12.00 $9,600.001 27 3213.0501 Remove and Replace Barrier Free Ramp, Type P-1 02 41 13/ 32 13 20 EA 2 $3,300.00 $6,600.001 28 3213.0501 Remove and Replace Barrier Free Ramp, Type R-1 02 41 13/ 32 13 20 EA 2 S4,300.00 $8,600.001 29 3213.0501 Remove and Replace Barrier Free Ramp, Type M-UM-2 02 41 13/ 32 13 20 EA 1 $3,300.00 $3,300.00 30 9999.0000 Remove and Replace 4" Sidewalk 02 41 13/ 32 13 20 SF 250 $11.00 $2,750.001 31 3305.0106 Manhole Adjustment, Major 3305 14 EA 2 $2,500.00 $5,000.001 32 3305.0105 10-11 Inlet Top Replacement 3305 14 EA 2 $6,500.00 $13,000.001 33 3217.5001 Curb Address Painting 32 17 25 EA 10 $75.00 $750.001 34 9999.0096 Paving Construction Allowance EA 1 $100,000.00 $100,000.001 Total Bid $2,280.180.001 END OF SECTION MY OF FORT WOR Di STANDARD CONSIRUCIION SPECIFICATION DOCUNIMTS 2023 CONCRI IT, RESTORAIION CONIRAC? 4 Real 9/302021 Cily Projxt No. 104T71 MID-CONTINENT CASUALTY COMPANY P. 0. Box 1409 TULSA, OKLAHOMA 74101 BID BOND KNOW ALL MEN BY THESE PRESENTS: That We, Makou, Inc. 7100 S. Cooper #15 Arlington, TX 76001 as Principal, and MID-CONTINENT CASUALTY COMPANY, a corporation organized and existing under the laws of the State of Ohio, and authorized to do business in the State of Texas as Surety, are held and firmly bound unto the City of Fort Worth Forth Worth, TX as Obligee, in the amount of Five Percent of Greatest Amount Bid (5% of G.A.B.) DOLLARS lawful money of the United States of America, to the payment of which sum of money well and truly to be made, the said Principal and Surety bind themselves, and each of their heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Obligee shall make an award to the Principal for: 2023 Concrete restoration contract 4 at Various Locations Project 104771 Fort Worth, TX Bid No. 104176 according to the terms of the proposal or bid made by the Principal therefor, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award and shall give bond for the faithful performance thereof, with MID-CONTINENT CASUALTY COMPANY as Surety or with other Surety or Sureties approved by the Obligee; or if the Principal shall, in case of failure so to do, pay to the Obligee the damages which the Obligee may suffer by reason of such failure not exceeding the penalty of this bond then this obligation shall be null and void, otherwise it shall be and remain in full force and effect. Signed, Sealed and Dated this 27th day of April 2023 Makou, Inc. Ml�get�s� Principal B" �` _ (Seal) Witness 11 M*01"ID kv- 03 MID-CONTINENT CASUALTY COMPANY B�f'" "r''l / S/� (Seal) Y Brent M. Blonigan % Attorney -in -fact mcbbN MID-CONTINENT CASUALTY COMPANY 1437 South Boulder, Suite 200, Tulsa, Oklahoma 74119 • Ph: 918-587-7221 • Fax: 918-588-1296 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Mid -Continent Casualty Company, a corporation organized and existing under and by virtue of the laws of the State of Ohio, does hereby nominate, constitute and appoint the person or persons named below, each individually if more than one is named, its true and lawful attorney -in -fact, for it and in its name, place and stead to execute on behalf of the said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof. Brent M. Blonigan, Raul F. Campa, Rob Dreiling, Debbie Palmer, Kara Pierce, all of RICHARDSON, TX. IN WITNESS WHEREOF, the Mid -Continent Casualty Company has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 20 day of September, 2021. my .I'i OOpPOq,T •. �, - ' SEALS; MID-CONTINENT CASUALTY COMPANY ATTEST: �'� 4 Sharon Hackl, Assistant Secretary I E��_k Todd Bazata, Vice President On this 20 day of September, 2021 before me personally appeared Todd Bazata, to me known, being duly sworn, deposes and says that s/he resides in Broken Arrow, Oklahoma, that s/he is a Vice President of Mid -Continent Casualty Company, the company described in and which executed the above instrument; that s/he knows the seal of the said Company; that the seal affixed to the said instrument is such corporate seal; that it was so affixed by authority of her/his office under the By -Laws of said Company, and that s/he signed his name thereto by like authority. Notary Public STATE OF OKLAHOMA State of Oklahoma JULIE CALLAHAN SS TULSA COUNTY COAl SSiON Vt000m COUNTY OF TULSA Comm. Eao.09-08.202s Commission ft 11008253 My Commission Expires; 09-08-23 -�& dww�_ Julie Callahan, Notary Public This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Mid -Continent Casualty Company by unanimous written consent dated September 25, 2009. RESOLVED: That the President, the Executive Vice President, the several Senior Vice Presidents and Vice Presidents or any one of them, be and hereby is authorized, from time to time, to appoint one or more Attorneys -in -Fact to execute on behalf of the Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the respective limits of their authority; and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond, undertaking, contract of suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. CERTIFICATION I, Sharon Hackl, Assistant Secretary of Mid -Continent Casualty Company, do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of September 25, 2009 have not been revoked and are now in full force and effect. -- ` at •oonvo4i =�: SEALf i Signed and sealed this day of P "j , 6%a5 bLek ( 6itGw Sharon Hackl, Assistant Secretary MID-CONTINENT GROUP Surety Bond Seal Addendum Mid -Continent Casualty I Oklahoma Surety Mid -Continent Casualty Company During the COVID-19 pandemic, the use of traditional raised corporate seals has been made impractical due to government stay-at-home orders and social distancing guidelines. As a result, Mid -Continent Casualty Company ("Mid - Continent") has authorized its Attorneys -in -Fact to affix Mid -Continent's corporate seal to any bond or related instruments executed on behalf of Mid - Continent by any such Attorney -in -Fact by attaching this Addendum to said bond. To the extent this Addendum is attached to a bond or related instrument that is executed on behalf of Mid -Continent by its Attorney -in -Fact, Mid -Continent agrees that the seal below shall be deemed affixed to said bond to the same extent as if its raised corporate seal were physically affixed to the face of the bond or related instrument. Dated this Ill day of April, 2020 ♦ `pia • ... , •'Q��,� SEAL 0N;0 , By: �d Y�'*J� Todd Bazata Vice President l" { _ r1 u111111 } In accordance with Section 2253.021 (f) of the Texas Govemnent Code and Section 53.202(6) of the Texas Property Code, any Notice of claim to the named surety under this bond(s) should he sent to: Mailing: MID-CONTINENT CASUALTY COMPANY OKLAHOMA SURETY COMPANY P.O. BOX 1409 TULSA, OK 74101 TELEPHONE NO. 1-800-722-4994 FAX NO. 1-918-586-0840 E-MAIL: CLAIMS@MCG-INS.COM Physical: 1437 S. BOULDER SUITE 200 TULSA, OKLAHOMA 74119 TXclmendsmW 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. F/I BIDDER: MAKOU INC. END OF SECTION By: MAQSOOD KHAN Ani (Signature) Title: PRINCIPAL Date: 4/26/2023 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 CONCRETE RESTORATION CONTRACT 4 Revised 9/30/2021 City Project No. 104771 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 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. 104771. 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: fd�Wou Zc_ Company 7iDb S• Co�pl:� �� � 15 Address &-Lrri 4 •0�010 (� `7booe City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § By: 414s- ova KH Am (Please Print) Signature: Lr dC--�/ Title: plb Nt[ PEA L- (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Nl A tZS vv tj r-wt, V , 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 Ai Ak-0 tit er for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20) Jesslca L Cruz My Cammission Expires INo'ary"DNt ' Public in and for the to Texas y 133200695 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2023 CONCRETE RESTORATION CONTRACT 4 City Project No. 104771 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: httDs:Hcodelibrar_v.amleaal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EOUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 23% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REOUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Protege participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 https://ai)ps.fortworthtexas.eov/ProjectResources/ResourcesP/60 - MW E/Business Equity Utilization 46 Form DVIN 2022 220324.Ddf 47 48 Letter of Intent 49 CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 Revised October 27, 2021 00 45 40 - 2 Business Equity Goal Page 2 of 2 1 httDs://apes.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.Ddf 3 4 Business Equity Good Faith Effort Form 5 httDs://aDDS.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN 2022.Ddf 7 8 Business Equity Prime Contractor Waiver Form 9 httDs://aDDS.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.Ddf 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 httDs://aDDS.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.Ddf 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 REOUIRED 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 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 Revised October 27, 2021 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on June 13. 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 Makou, Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2023 CONCRETE RESTORATION CONTRACT 4 CITY PROJECT NUMBER 104771 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 TWO MILLION TWO HUNDRED EIGHTY THOUSAND, ONE HUNDRED EIGHTY AND 00/100 Dollars ($2,280,180.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 240 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred Fifty And 00/100 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 52 43 - 2 Agreement Page 2 of 6 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance 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 anv act, omission or negligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 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 anv 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 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 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 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 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 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 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: By: 0A40S000 KHAN MAQSOOD KHAN (Jun 8, 2023 20:13 CDT) Signature MAQSOOD KHAN (Printed Name) PRINCIPAL Title 7100 S. COOPER ST # 15 Address ARLINGTON TX 76001 City/State/Zip Jun 8, 2023 Date City of Fort Worth William Johnson (Ju 5, 202315:51 CDT) William M Johnson Assistant City Manager Jul 5, 2023 Date FORtuy� � F0000000ao�YO9pd , Attest: ono $_; aaan nezp5d41 Jannette Goodall, City Secretary (Seal) M&C: 23-0466 Date: 06/13/2023 Form 1295 No.: 2023-1015091 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. f Manvan Hafez (Jun 9, 2@2 4:02 CDT) Marwan Hafez Professional Engineer Approved as to Form and Legality: DBlack (Jul 3, 2023 14:16 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: A. — Lauren Prieur (Jun 30, 202316:45 CDT) Lauren Prieur, Director, Transportation & Public Works Department CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Bond No. 4912740 00 61 13 - 1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS; 6 COUNTY OF TARRANT § 7 That we, Makou. Inc., known as "Principal' herein and 8 Great American Insurance Comoanv , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, TWO MILLION 12 TWO HUNDRED EIGHTY THOUSAND, ONE HUNDRED EIGHTY AND 00/100 Dollars 13 ($2.280.180.00), lawful money of the United States, to be paid in Fort Worth, Tan -ant County, 14 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, 15 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City 17 awarded the 131 day of June. 2023, which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 19 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 20 provided for in said Contract designated as 2023 CONCRETE RESTORATION CONTRACT 4, 21 City Project No. 104771. 22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect, 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 29 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division. CITY OF FORT WORTH 2023 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 Revised July 1, 2011 0061 13 -2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance With the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 13th day of 6 June 2023 . 7 PRINCIPAL: 8 Makou. Inc. 9 10 11 BY: 12 Si4fiature 13 ATTEST: 14/ 15 1u114� S tsro� �thn n� r 16 (Principat) Secretary Name and Title 17 18 Address: 0204 ParkG__ ide_Dr. 19 Arlinntnn TX 7WO' 20 21 �,w�rl� /Lf"rilV 22 Witness as to Principal 23 SURETY: 24 Great American Insurance Company 25 26 27 B l.� Sign 28 w•e 29 30 Brent M. Bionigan, Attorney -in -Fact 31 Name and Title 32 33 Address: 301 E. 4th Street 34 G ncinnati, CShinA52.07 3 36 37 Witnessto Surety Telephone Number: 513-369-5000 38 Angie Astran, Client Manager 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMFNTS City Project No. 104771 Revised July I, 2011 Bond No. 4912740 00 61 14 - i PAYMENT BOND Page 1 of2 l SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Makou. Inc., known as "Principal" herein, and 8 Great American Insurance ComDanv , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of TWO MILLION TWO HUNDRED EIGHTY THOUSAND, ONE HUNDRED 13 EIGHTY AND 00/100 Dollars ($2,280,180.00), lawful money of the United States, to be paid in 14 Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we 15 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 13°i day of June. 2023, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as 2023 CONCRETE RESTORATION CONTRACT 4, City Project No. 104771. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH 2023 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 Revised July I, 2011 0061 14 - 2 PAYMENT BOND Page 2 of 2 I IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 13th day of 3 June , 2023 4 5 6 7 8 9 10 12 ATTEST: (Principal) Secretary Awlz-zit?: Witness as to Principal ATTEST: (Surety) Secretary /A'A Hess as d Sur y v Angie Ast►an, Client Manager PRINCIPAL: Makou, Inc. BY: Z_ Signat� Name and Title Address: 6204 Parkside Dr, Arlington, TX 76001 SURETY: Great American Insurance Company BY Signa t•e Brent M. Bloniaan. Attornev-in-Pact Name and Title Address: 301 E. 4th Street Cincinnati. Ohio 45202 Telephone Number: 513-369-5000 Note: If signed by an officer of the Surety, there must 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 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 2023 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 Revised July 1, 2011 Bond No. 4912740 0061 19 - 1 MAINTENANCE BOND Page I of 3 I SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Makou. Inc., known as "Principal" herein and 9 Great American Insurance Comnanv , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one I I or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the taws of the State of Texas, known as "City" herein, in the sum of TWO MILLION 13 TWO HUNDRED EIGHTY THOUSAND. ONE HUNDRED EIGHTY AND 00/100 Dollars 14 ($2,280.180.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas, for payment of which sum well and truly be made unto the City and its successors, we 16 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the 131h day of June. 2023, which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order (collectively herein, the "Work") as provided for in said contract and 24 designated as 2023 CONCRETE RESTORATION CONTRACT 4, City Project No. 104771; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2) years 29 after the date of Final Acceptance of the Work by the City {"Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No, 104771 Revised July 1, 2031 1 2 3 4 5 6 7 9 to 11 12 13 14 15 16 17 1s [P] 0061 19 - 2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and 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; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORT14 2023 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 Revised July 1, 2011 00 61 19 - 3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 13th day of 3 June 202-3_. 4 5 6 7 8 9 10 11 I2 13 14 15 lb 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 PRINCIPAL: Makou.Inc. BY: �.— SignaVure ATTEST: - M, V& ktm1 k-k" , '/ p P—1 Nc ( PA" rincipal) Secretary Name and Title Address: 6204 Parkside Dr. Arlington, TX 76001 ��// ( OW- 11 Witness as to Principal SURETY: Great Americance Insurance Comnanv Mf�- _Signature Brent M. Blonigan, Attorney -in -Fact ATTEST: Name and Title Address: 301 E. 4th Street (Surety) Secreta(�k) Cincinnati, Ohio 45202 Isu ness rety Telephone Number: 513-369-5000 Angie Astran, Client Manager *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 shal I not be prior to the date the Contract is awarded. CITY OF FORT WORTH 2O23 CONCRETE RESTORATION CONTRACT 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 104771 Revised July I, 2011 GREAT AMERICAN INSURANCE COMPANY® Administrative Office: 30i E 47H STREET • CINCINNATi, OHIO 45202 • 513-369-5000 * FAX 513-723-2740 The number of persons authorized by this pmver of attomey is not more than Five No.0 21868 POWER OFATTORNEY KNOW ALL NIEN BY T HESE PRESENTS: That the GREATANIFRiCAN INSURANCE COMPANY. a corporation organized and existing under and by virtue of the laws of the Stale of Ohio, does hereby nominate, constipate and appoint the person or persons named beloww=, each individually if more than one is named, its tnie and lawfid attorney -in -fact, for it and in its name, place and stead to execute on behalf of file said Company, as surety, any and all bonds, undertakings and contracts of suretyship, or other written obligations in (lie nature thereof, provided that the liability of the said Company on any such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. Name Brent M. Blonlgan Raul F. Campa Rob Dreiling i]ebbie Palmer Kara Pierce Address Ail of Richardson, Texas Limit of PoNver All $ i 0o,000.000 This Power ofAtiomey revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto Infixed this 141h day of July 2021 Attest GREAT AMERICAN INSURANCE COMPANY f..:<irhnn S.°nrnnr hirisi owl Seaior 1 ire Pre idrur STATF OF 01110. COUNTY OF I IANf ILTON - ss: MARK VICARIO (e77-377-2405f On this 141h day aI' July 2021 before nic personally appeared MARK VIC'ARIO, to me known, being duly sworn. deposes and say, that he resides in C'incintlati, Ohio, that he is a Divisional Senior Vitae President of the Bond Division of Great American Insurance Company, the Compan) described in and wt hich executed the above instrument; that he knows the seal ofthe said Company; that the seal affixed to the said instrument is such corporate seal. that it was so affixed be authority of his office under the By -Laws ofsaid Company. and that he signed his name Iherclo by like authority. } �wrrr SUSAN A 1COHORST s e Notary Public State of Ohio .g My Comm. Expires May 18, 2025 This Power of Attorney is granted by aurhority of the following Irgolntlons adopted by the Hoard o1'Directors of Great Amcrienn Insurance Company by unanimous written consent dated June 9, 2008. RE:S( 1YE'D: Thed the Dii-Wo rai President, the severat Diririolrtvl Senior Bier Presidents, Uit•isimull l "Ic•e President.+• ❑rld Divisolial As'Vistturl NE-C Pruritlelits, or am aitr of (heat, he and herrhw is tt«dmr•i-eit fttlrrl ti,rrc• to liure, to appnial (tile ormore Arlorrtrra"-in-Feirf to eWeirle on hehalf o17hc Conrparn; as sluvn, curr pod all holrch. aoderltrkingc urrd roirrrurts ofslrty whip, of arhci• arr'itiett ohligvtions' iu the walla" drrreo1' ill preser•ihe theil•,xspccda r thilieS «utl err respective linrifs it/ their awhot"ilr: and 1n rt-yoke rrrtr slit h cippoiofnrenr of con• fine. RESC)L!'liil !'(1RTHI:R. l hill flip Corrrpul{1' sdgl one! the sign«/tut rf «rtr ri! rlre «joresnirl tijlicers urrd rurr 5'ccrt rrrn or lssisrrnrt 5'Ccrx trrn of tltr f '011r17Cltrw r71rr1' her/jlin'C'tt lri',/[IC'8allile IU A771' paii'tN' OjlrlfUi'rrei' f1T C'trtifrcYlle gjelthel• glrerl,fU!'the e.+rec'atlUrr Pffllil' hUlyd, firrClp!'Id�'i17jt,. CUal1'LIC'1 Ul S'IUYfVShl17. or adrer- w1ften ohtigtaiml in the na llwe fhrrcnl: strc"h signatutr t«ld .real whr« .91, aved hehig heivin" w1opled hw the Compattr as tht" original siguat7ur ol'slich quiver and the original seal of the Cw rpagi: to he vabd and hiodurg upon lire C`onlprrr{r a ith the .inure./free curd ejlrcr cis rh(;trgh lrruurfvilr tig;y <tt. CERTIFICATiON 1, STEPI lEN C. BERAIIA, Assistant Secretary of Great Anicrican Insurance Company, do hereby certify that the foregoimug Power ofAtiomey and the Resolutions of the Board of Directors00S hara nut •en reroked and are nwv in fill] force and eRver. Signed and scaled this /Yu day / axsisrrnrr,&i•rrran• "•` 81029AH 103,20) Great American Alliance Insurance Company GREATAw-wCAiv Great American Insurance Company INSURANCE GROUP IMPORTANT NOTICE: To obtain information or make a complaint: You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 149104 Austin, TX 78714-9091 FAX: 1-512-490-1007 Your notice of claim against the attached bond may be given to the surety company that issued the bond by sending it by certified or registered mail to the following address: Mailing Address: Great American Insurance Company P.O. Box 2119 Cincinnati, Ohio 45202 Physical Address: Great American Insurance Company 301 E. Fourth Street Cincinnati, Ohio 45202 You may also contact the Great American Insurance Company Claim office by: Fax: 1-888-290-3706 Telephone: 1-513-369-509 l Email: bondclaims a gaic,com PREMIUM OR CLAIM DISPUTES: If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a claim, you should contact the company First. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND; This notice is for information only and does not become a part or condition of the attached document. F.9667A (10116) FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2023 Concrete Restoration. Contract 4 M&C: 23-0466 CPN: 104771 CSO: 59715 Date: 06/26/23 To: Name 1. Donnette Murphy 2. Patricia Wadsack 3. Lauren Prieur 4. Priscilla Ramirez 5. Doug Black 6. William Johnson 7 Ronald Gonzales 8 Jannette Goodall 9 Allison Tidwell 10. TPW Contracts Department Initials Risk -Approver TPW-Approver TPW-Signer Legal -Approver Legal -Signer Ib ACM -Signer CSCO-Approver � CSCO-Signer ' ;S CSCO-Form Filler �- TPW DOC#: Date Out 06/29/23 06/30/23 06/30/23 06/30/23 37/03/23 37/05/23 )7/05/23 07/05/23 07/07/23 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 Re wired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to General Conditions & Specs ❑ 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! FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2023 Concrete Restoration, Contract 4 M&C: CPN: 104771 Date: 06/08/23 To: Name 1. Magsood Khan / Makou, Inc. 2. Proj Mgr: Marwan Hafez 3. Michelle Hadley -McGhee 4. 5. 6. 7 8 9 10. CSO: Department Initials Vendor -Signer TPW-Signer TPW-Review DOC#: 1 Date Out 06/08/23 06/09/23 06/22/23 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 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.2ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! aBond Verification From: Banning., lP51io To: Hadlev-McGhee. Michelle Cc: Ries, Scott; Phillips. Debbie Subject: RE: 2ND ATTEMPT BOND VERIFICATION REQUEST - Mail--4912740--Makou, Inc Date: Wednesday, June 14, 2023 7:29:37 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. Good morning, Michelle, Please consider this confirmation and verification of the referenced bond. If there is anything else you need, please don't hesitate to let me know. Thank you, Jessica Banning, Surety Service Supervisor 1 918-588-1263 1 ibanninaCa aaia.cgrn Please note that my email has changed to abanninaftaaia.com — thank you! 2nd Attempt. Response Is Required. 06/13/2O23 Good morning. Please respond to the preceding bond verification request, forwarded from below. If there are additional questions or concerns, please do not hesitate to contact me at, michelle. had lev-mcahee@fortworthtexas.aov, or by phone, 817-392-7233; or my supervisor, Barbara Pryor, Barbara.brvor(—&fortworthtexas.aov, by phone 817-392- 8661. 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. 29pprQeidtivc & Looking forward, mieh0l,c E)Hme hQfz Contract Compliance Specialist T P W City of Fort Worth 200 Texas St. * Ft Worth, TX 76102 817-392-7233 Michelle. Had lev-McGhee(fortworfhtexas.aov From: Hadley -McGhee, Michelle Sent: Friday, June 9, 2023 10:59 AM To: BondServiceCenterMailbox(@EaiL-.com Subject: PLEASE REPLY - BOND VERIFICATION REQUEST [CPN #104771 - 2023 Concrete Restoration, Contract 4] 06/09/2023 Good morning. The City of Fort Worth is in receipt of the following referenced bond(s) — BOND #4912740, in the amount of $2,280,180.00 (Two Million Two Hundred Eighty Thousand, One Hundred Eighty and 00/100 Dollars), from Makou, Inc, for City Project #104771— (2023 Concrete Restoration, Contract 4). 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 lev-mcahee(@fortworthtexas.aov, 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. ,,fookia� fozwazd 00�oiozeciative, c/YieAehle 00Vad1e eCJ?Aee Contract Compliance Specialist City of Fort Worth Transportation & Public Works (TPW) 200 Texas Street, Fort Worth, TX 76102 Direct: 817-392-7233 Michelle.Hadlev-McGhee(a)fortworthtexas.aov City of Fort Worth — Working together to build a strong community. FORT WORTH,: This email transmission, including any attachments, is intended solely for the addressee named above, and may contain confidential or privileged information. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this e-mail is prohibited. If you have received this e-mail in error, please notify the sender immediately by reply email and destroy the message and its attachments.