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Contract 60737
FORTWORTH. CSC No. 60737 CONTRACT FOR THE CONSTRUCTION OF 2023 SIDEWALK UNIT PRICE CONSTRUCTION CONTRACT City Project No. 104414 Mattie Parker Mayor David Cooke City Manager Lauren L. Prieur, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department August 2023 Kimley-Horn and Associates, Inc. 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, Texas 76102 817-335-6511 TPBE Firm No. F-928 Scott R. Arnold, PE (#96782) 08/29/2023 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 TABLE OF CONTENTS Paget of 8 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 nno n�= Bidde s Pr-eg alifieations OMITTED nQii�n nno n�z Pr-eg alifieatie St 4emeflt OMITTED noi�2� nno n�3 Pr-eg alifieatio n..plie.,ie OMITTED nQii�21 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 08/22/2022 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2021 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 0135 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised December 9, 2022 00 00 00 TABLE OF CONTENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 - Existing Conditions 02 41-1 5 U. g D o . 1 Division 03 - Concrete 03 30 00 Cast l Dlaee r rer-ete 03 34-13 Cent-ellea Lew St en t >\R.,ter-i 1 (C SM4 03-34 16 Cone,-ete Base >\aa4er-;, l fer- T,-oneh Rep r- Division 26 - Electrical 'i�3 Under-gr-eund Duets and Raee,, ays f Eleetfieal Systems Division 31- Earthwork 31 10-00 Site Clear -in 312323 Z 1� En. bankmol tc, 313600 dens Z1�ve Division 32 - Exterior Improvements 3201 17 Do,«,.an& t n 3201 �o 32 3 Fle*ible Base r, twses 32 1129 Lime Tr-ea4ed Base r,,ufses 32 1133 Cement T-r-ea4ed Base Go '27�T Liquid „a T -ea4e l Sol Stab liz ff 3'�6 Aovkha1t Ilr,ing 32 1273 Aovkhalt f Z7�0 (`.,fie -ete S:.ao., W.IZ, Dri-. oe , ays .,n.1 T2.,ffie,- Freu IRW.T-Z Z 7�6 B6A Urz tag 32 172c (''urb n aar �rza carv�zcnaozz �1.:0,; 3231 3 CI!nr. Foryjas a -ad Gates 3'�6 W -e >renees alld r Los- 27�9 Wood > ones and Gates Z7�3 Cast i Dlaee !`.,n e-ete Retaining Walls CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 9, 2022 Date Modified 2023 Sidewalk Unit Price Construction Contract CPN 104414 00 00 00 TABLE OF CONTENTS Page 3 of 8 3291 19 Topsoil PlaeemefA and Finishing of Parkways 32 93-43 Rees 9+.xuLc Division 33 - Utilities 330130 Sewer- and Manhole Testing 3301 31 Close r; .,,,,;t Television (GGTV) Tripe fie 3303 10 %ywa g To,,.,,.e faf., Wa4e f Serviees 33 0-40 n ,.eepta-mee Testing f xx/,.tef Mains 33 04 50 Cleaning of Sewer- Mains 33 05 10 7Ut:l:t„ T-efie , Rxea-,.,ti0..N, Ex-,0--;,1. ent and 72.,ekfi 1 33 05 12 Water- 7 : e Lower —in 33 0513 Fr -.-me, !''eve-a-adGrade Pings Cast 7,.e 22 AzzdjustingzvAiafAieles, inlets, Valve Boxes, and Other StFue ures to Gfade 33-05 17 Cone,-ete r ll— 3 Z�v Auger- Ber-ing 330521 21 T,m del Liner- Plate 330522 22 Stool Casing P4-pe 3 Hand T,,meliag 33-0524 Piro in Casing 3y Tug&rjl line 330526 26 774:14„ AiT.,dEe /7 ....., e 33 nc 3n 7 , t: c1v Ts-vT✓v zvii�crvrry �7lll%1:4" T T 33 1105 eta, NUte, und Gaskets ?/3 11 11 Diietile 7,.e Fittings 3,32 11 1-1 Polyvinyl Chlefide (PVC) Pfesstir-e Pipe ,32 11 3 Gonerete Pressure Pipe P.,.- \x r- .1 Stool !-'.,1:.- def Type ccr,-crcccr-cy-irr:ac�c 3/3 11 11 13»ed Co�vJ N17 ^nd-F4 ings } 7 e W o f >, rotors ZZ�T n WWA Rubbo,. Seated Butter -fly Valves ZZ�v Fire Rydr-a*ts 33 1250 WatoN Edge 33 1260 Standaf:d Blow off Valve Assemb! 33 3113 Fibefglxr, Rz..fbfeed Piro f r r_ra-y;ty San t,.,.., Sewers 33 3121 Polyvinylftrz.t r of Pipe CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised December 9, 2022 00 00 00 TABLE OF CONTENTS Page 4 of 8 OF Emir i/.Tlli&g 333940 Wastewater- Aeeess Chamber- (WAG) ,32 11 11 High Density Pelyethylene (14PPE) Pipe f Sto,�x Drzxz ✓� 11 12 Reinfefeed U lyethylefte (OPE) Piro ✓� 11 13 Pel.,..,-,.py4ene Pipe f r Sto Dec.. 33-46 00 Stibdraiaage 3�-46 01 Sletted S o 2rm Dmixs 3�-46 02 Tfffia-h Drwisz 33-4 20 r,,,.i. a -a Dr-er inlets 33 4940 Storm D'4oinage Head -walls .-ada-ad W;,...w..11s Division 34 - Transportation 34 ^� �z-i 0.0011 Att-aehmeat A GefAfeller Eabine� 34 41 10.02 n t o ll Spe���; nttae�;nei}r� �ati6aervpct7lieuti6n 34 41 10.03 n r-rttaC43m2'itt G S6ftw4'kF2Spe-vpveifivati6ii 3/1 11 11 To,.. per-ary T -affi . Signals 3/1 11 13 Remeving Tr-affie Signals 3/1 11 if Reetangukc is/.d Fk aping 34 4120 Readwy T11umk-W.4o .. A sseff flies 34 4120.01 -Af06al LED P.aadwy Lirnin-kras �-4r20.02 Freeway LED Readw Ll..�iwltYll Zr/as ZA ^�003 Residential LED Roadway 1/.xx-l-nair-es 34� 41-30 Alu,.%Knum. F&gI}s Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httiD:Hfortworthtexas.2ov/tuw/contractors/ or httus:Hauus.fortworthtexas.gov/Proi ectResources/ Division 02 - Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 3000 I Cast l Dlaee r rer-et-e Last Revised 03/ 11 /2022 12/20/2012 02/02/2016 CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised December 9, 2022 00 00 00 TABLE OF CONTENTS Page 5 of 8 03 ?/1 L r f r-gilled row Stfe gt 1 a4e-ia irr SM4 12/�tz Division 26 - Electrical 260543 U der-gr-,,,,.d Distets a- d Raee,, ays f ,.>rlojt iaal F!ys4effts n�/no,, 1�11 Division 31- Earthwork 31 00 00 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 312500 3100 Embankments >r,.esie.. ,-ad Sediment re... l dens 01/28/2013 nn /o�z 12/�12 3 1�no Division 32 Ripr-ap - Exterior Improvements Tom Do,.ai A s,.hak 11 /�12 12/'f�zr204201z 3201 19 32 1123 3'�9 pef:a-y Pa-y ng Flexible Base Courses T-e god retffs 12/20/2012 12/�Iz 32 11 33 '27�T Lime e Base Gawyint Traated Base r Liquid d Trea4ed Sol St.,l.;l;.,o,- 06/1�22 08/'fwr�irivi-5 32 127 'kc►,J.-Zalt n .,;... 12/�Iz n�2 32 13 3 32 1320 '27�3 Conefete Concrete Sidewalks, Driveways and Barrier Free Ramps r n., 7 1. 06/10 12/09/2022 12/�tz 32 14 16 aef:ete ing ifA Se As lfial TU:Xt' :gig 11 /�4-2 32 1613 Concrete Curb and Gutters and Valley Gutters 12/09/2022 32 1725 '27�3 3'�6 Curb Address Painting Chain Fences .-ad Gates 11/04/2013 12/�12 12/�Iz 3'�9 32 32 13 W -e Fences and Gates Wood > en es .-ad Gates Cast -in -Place Concrete Retaining Walls 11 /�12 06/05/2018 3291 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03/11/2022 3292 13 Sodding i.To i.Tmiye 05/13/2021 3292 4 3293 43 Seeding gees 3 fJ.'.rubc 05/1o� �1 12/�Q Division 33 - Utilities 33-0139 Sewer- and Manhole e Tesfin . 09 /no 'tea 33 0131 Closed r; .,,,,;t Television (CCT3I) !asp o +;on FLrCrl.:ary SeweP 03/10 1�i 33-0132 Closed c�rrt�ele� (GGTV) laspecten—Sta�ir03 /1 1,L202�2 CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised December 9, 2022 00 00 00 TABLE OF CONTENTS Page 6 of 8 22� !''..,-,-esie„ cefitfel Tort St.,tiefis 12/7zzr20Q0 z r r „1mefit an Baekf;ll nn /no�z �3--AS-�9 ram' T4��Ali �a�, �rti., , 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade 330520 20Auger-rg 1'11 /' 330521 21 T„„„el Tine- Plate 12/7zzr20QO12 22� Stool Casing -Pipe 12/20% 12/2n/2n12 �-A5-23 d Turwciling ,� 33 05 24 T„st.,ll.,tie of G ,--ie - Pipe in Casing or- T„„„el Liner- Plate 12/0i 330526 26 Utility Make /T ....., efs 12/'fez 2 2� �tl'YGv, Nutt, and Gaskets 12/20QO12 33 1�1 10 Deetile iron Pipe 12/n�22 1 1 11 r�,�non Pitt✓ng/z nn/�, ^�T 1 1 1 7 D 1yyif .,1 !''l,l.,fide (PVC) Pr-essufe Pipe nn/no °�i ✓� 11 13 Eeaer-eta Pro0mr0 Pira, Baf Wfappo,l Stool Cyli fide - Type 11 /7 z ✓� 11 11 wed Dejd Pica ^„ate 12/'�12 33 0 T,x a4e- So,-„ ees 1 ineh to 7 ifte 02/1v�r�iT ZZ�v Air- Valve n ss0,, bli , for Ll1W.,j `x/.,to Systems 12/20,4012 33 1250 Sta4ie s 12/20a012 �itoN �Z rtrzvrsvzz St.,„,1..f Blew „ff V.,l„o n6/ia/7n13 � .100 ii�Y1�I�' o�� 3331 2 Ctffea in Dlaee Pipe (rmn) 11 Piz Z f^,-ee Pipe fqf r,-ay ty San tafy Se.,,o, 12/'frz�-zvriviz .� 1, �cygla�c P.c,„ i32 3,11 l5 High Density Polyethylene ,,lo„o (1]DE) Dirks Eani,-Sewer nn /�9 Pipe 11 41 �� S.,„�zcnitafy--Sewc r r g 12/20/2012 �z � Eli„ grin �� 333150 S „;tafy Sewer- Sef-, e r „„eetia�l./.xxgd E i< nn/o�13 333170 /''e ifi ti „ Air- V,ye fe - San tafy Sowe f r,fee 1,4 11 /' z 333930 Ft g1wo Manholes 11 /�12 CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised December 9, 2022 00 00 00 TABLE OF CONTENTS Page 7 of 8 3 41 10 no;rf f:ee l r ref:ete Stefm SewerPipe/r„lyet4^ 07/no 1�,o�li 11 11 o-rDs-c�,r 22� Reinf ,-ee U lyethylene (V .PB) Pirw ii/PQ0is 33 4600 e„l� 12/20,L2012 33 46-01 SIEWed S o'm 07/no 1�,-v1Q011 33-46 02 T+arzjh Dwtiow 07/no 1�1 33-49-1-0 CmI, ion P.Vce 77�-49 40 Sto m. Drd-nsa e 14ea w.,ll^ and Txl;.,..w.,ll^ 07/0i Division 34 - Transportation 3A ^env 11 ZAf4aehmef4 A C—eat%eaErGabine12/1842015 ZA 41 �10.0�2 nttaehienr B G ntfen11erSpe eificutien 02Q0i2 34 41-10.03 rttaCimeat G Stlftafevpeeiieuti6n 0iQ0Q ✓ 1 11 11 To,...,, e , T,-.,FF;e Signals 1 1 /'fn 2242013 34 41 13 Removing T.-., FF; e Signals 03 /lei 34 �o Readwy illumk-W.;,,n 12/2042012 2n n�no1r T T 06/15QO c �ar�1 �D P.3�- .�,�ii��ras o�� 34 .oz Freeway LED Readw Lla�''i�111RaiY-as �-S 3n n�no3 1 r T 06/154201- �i�(irftl'� ��a3' �.1,7�11Rs'�4°00 vvrr✓rtvi� 34 41 30 Aluminum Signs 11/12/2013 3471 13 Traffic Control 03/22/2021 CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised December 9, 2022 00 00 00 TABLE OF CONTENTS Appendix Page 8 of 8 GG4,91 Ac�lulity e Fib-4.02 E,ubour e ��r .,,a;�; GG401 T-k1 je-gf-E),,.ia L'ae l;tieS GG 4.06 Lb af:dous Eiw -efif efit l Condition PA S4e GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GG 6.09 Pet: .,;ts and Utilities GC 6. 1 T-,�OrldiBaTkFAkldti0It END OF SECTION CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised December 9, 2022 City of Fort Worth, Texas Mayor and Council Communication DATE: 12/12/23 M&C FILE NUMBER: M&C 23-1052 LOG NAME: 202023 SIDEWALK UNIT PRICE CONSTRUCTION CONTRACT SUBJECT (ALL) Authorize Execution of a Unit Price Contract with Alderink Enterprises, Inc. dba Cl Pavement in an Amount Not to Exceed $1,500,000.00 for Task Order Construction Services for the Sidewalk Improvements Projects with Three Renewal Options RECOMMENDATION: It is recommended that the City Council authorize execution of a unit price contract with Alderink Enterprises, Inc. dba Cl Pavement in an amount not to exceed $1,500,000.00 for task order construction services for the FY23 PayGo and FY24 PayGo Sidewalk Improvements projects (City Project No. 104414 and No. 105201), with up to three renewals. This contract will provide for construction services on an as -needed (task order) basis for projects related to the installation of sidewalks throughout the city. Sidewalk projects include the installation of sidewalk gaps, sidewalk ramps, driveways, and curb and gutter. The contract amount is scheduled to be $1,500,000.00 and may be renewed up to three additional times under the same terms, conditions and unit prices. The project was procured in a low bid format to determine unit prices to be paid when task orders are issued. Notice for bids was published in the Fort Worth Star -Telegram on August 31, 2023 and September 7, 2023. On October 5, 2023, four companies submitted the following bids: (Contractor Bid Ti-Zack Concrete, Inc. (non -responsive bidder) $780,966.47 CI Pavement $893,974.51 IThe Fain Group, Inc. $1,808,227.10 I EARTC $1, 959, 070.00 Ti-Zack Concrete, Inc. is being rejected for submitting a non -responsive bid. The unit prices bid were compared to similar projects and were determined to be fair and competitive. Task orders will be paid at the established unit prices. Projects identified initially include: sidewalk gaps and ramps. The contract is paid with available City Pay -Go funding. Funding is budgeted in the Transportation and Public Works Department Highway & Streets Department's General Capital Projects Fund for the purpose of funding the FY23 PayGo ADA & Sidewalk and the FY24 PayGo ADA & Sidewalk projects as appropriated. BUSINESS EQUITY: Cl Pavement is in compliance with the City's Business Equity Ordinance by committing to 25% M/WBE participation on this project. The City's M/WBE goal on this project is 25%. Ia&fq_1 >1101&1flTiT-A11010File]4ft�4"_, 111:0]01A 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 FY23 PayGo ADA and Sidewalk and the FY24 PayGo ADA and Sidewalk projects to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: William Johnson 5806 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Martin Phillips 7861 000sis- I ADDENDA Page 1 of 2 SECTION 00 05 15 ADDENDA CITY OF FORT WORTH, TEXAS ADDENDUM NO. 1 To the Specifications and Contract Documents For 2023 Sidewalk Unit Price Construction Contract City Project Number 104414 Issued: September 22, 2023 Bid Date: October 5, 2023 at 1:30 P.M. CST This Addendum forms a part of the Bidding Documents and will be incorporated into Contract Documents, as applicable. Insofar as the original Contract Documents and Specifications and Construction Plans are inconsistent, this Addendum governs. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. FAILURE TO DO SO MAY SUBJECT BIDDER TO DISQUALIFICATION. Prospective bidders are herebv notified of the followina: This addendum includes the following: 1. Pre -Bid Presentation An electronic version (in PDF format) of the presentation given during the non -mandatory pre -bid meeting held at 9:00 A.M. CST on September 12, 2023 is attached to this addendum. 2. Pre -Bid Meeting and Other Questions During the pre -bid meeting, the attendees asked the following questions. Official answers are being provided as part of this addendum: Q: If the prime contractor is MBE certified, can their participation count towards the MBE goal? A: Yes. Certified Business Equity Prime/Offeror Contractors counting their self - performance towards meeting the contract goal, must be certified within those NAICS commodity codes with a certifying agency acceptable by the City of Fort Worth. Certified Business Equity Prime/Offeror counting self -performing services towards the goal, the service(s) to be performed should be listed first on the Utilization form. 3. City Changes a. Bid Item 72, Furnish and Install Detectable Warning Surface, has been added to the project. Please replace the original 00 42 43 Proposal Form with the attached version. The Excel version on BIM will be updated as well. Acknowledge your receipt of Addendum No. 1 by completing the requested information at the following locations: CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised July 1, 2011 000515-2 ADDENDA Page 2 of 2 (1) In the space provided in Section 00 4100, Bid Form (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED AND ACKNOWLEDGED ADDENDUM NO. 1" All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. Failure to return a signed copy of the addendum with the proposal shall be grounds for rendering the bid non -responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLED ED: By: /i /1 By: AAy 64.1Marisa Conlin, P.E. Project Manager Company: P� Transportation and Public Works END OF SECTION CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised July 1, 2011 9/20/2023 Pre -Bid Meeting 2023 Sidewalk Unit Price Construction Contract Transportation and Public Works Transportation Management Division Project Manager: Marisa Conlin, PE Design Consultant: Kimley-Horn September 12, 2023 1 Agenda 1. Project Aim 2. Project Overview, Scope and Schedule 3. Pre -Qualifications 4. MBE Requirements 2 9/20/2023 Project Aim • This project will provide for construction services on an as -needed (task order) basis for the construction of projects relating to sidewalk, curb ramps, driveways, and signs installation, modification, and removal. The goal of the new sidewalk and sign installations is to improve access and safety for pedestrians within the City limits of Fort Worth. 3 Project Overview, Scope and Schedule • Scope: The major work will consist of the following: installation of concrete sidewalk, curb ramps, driveways, curb and gutter, and signs. • Bid Date: Sealed bids for the construction of CPN 104414 2023 Sidewalk Unit Price Construction Contract ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, October 5, 2023. • Bids will be accepted by US Mail, Courier, Fed Ex or hand delivery to the Purchasing Division at 200 Texas Street, Fort Worth, Texas, 76102. • Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. 4 2 9/20/2023 Project Overview, Scope and Schedule (cont.) • Document Examination: There are no plans available, plans will be provided with each task order. • Citv's Right to Accept or Reiect Bids: City reserves the right to waive irregularities and to accept or reject any or all bids. • Award: This ITB (Invitation to Bidders) is to establish unit prices upon which task orders will be issued. The City reserves the right to award one or more contracts to qualified bidders within its identified project budget. There is no guarantee of the amount or value of work to be ordered. • Time Period and Renewals: The time period of this Agreement will be for one (1) calendar year or the expiration of the funding, whichever occurs last. The City reserves the right to renew the contract for up to three (3) additional time periods under the same terms, conditions, and unit prices. The City shall provide at least sixty (60) days' notice to the Contractor of the City' s intent to renew. 5 Prequalifications • There are no contractor prequalifications for this project. 11.0 3 9/20/2023 Business Equity Firms (M/WBE) The M/WBE requirement for this project is 25% -The Sub -Contractors you submit as Prime must be certified as MBE or WBE -Please refer to the documentation in the Project Manual, Section 00 45 40 and in Appendix Contractor Questions Received to date: 1. None to date. M 9/20/2023 FORT WORTH VAN 06000,00100 Questions? Marisa Conlin, PE E-Mail: marisa.conlin(d�fortworthtexas.gov Office Phone: 817-392-8779 Scott R. Arnold, PE E-Mail: scott.arnold(@kimlev-horn.com Office Phone: 817-335-6511 WS 00 42 43 BID PROPOSAL Pagel of3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Project Item Information Unit 1 - Base Bid Bidlist Item Description No. 1 0171.0101 Construction Staking 2 0171.0102 As -Built Survey 3 0241.0100 Remove Sidewalk 4 0241.0200 Remove Step 5 0241.0300 Remove ADA Ramp 6 0241.0301 Remove Detectable Warning Surface 7 0241.0401 Remove Concrete Drive 8 0241.0402 Remove Asphalt Drive 9 0241.0403 Remove Brick Drive 10 0241.0500 Remove Fence 11 0241.0600 Remove Wall <4' 12 0241.0700 Remove Mailbox 13 0241.0701 Remove Multiple User Mailbox 14 0241.0702 Relocate Mailbox - Traditional 15 0241.1300 Remove Conc Curb&Gutter 16 0241.4001 Remove 10' Curb Inlet 17 0241.4002 Remove 15' Curb Inlet 18 0241.4003 Remove 20' Curb Inlet 19 0241.4004 Remove 30' Curb Inlet 20 3110.0102 6"-12" Tree Removal 21 3110.0103 12"48" Tree Removal 22 3110.0104 18"-24" Tree Removal 23 3110.0105 24" and Larger Tree Removal 24 3123.0101 Unclassified Excavation by Plan 25 3123.0103 Borrow by Plan 26 3124.0101 Embankment by Plan 27 3211.0122 6" Flexible Base, Type A, GR-2 28 3213.0301 4" Conc Sidewalk 29 3213.0302 5" Conc Sidewalk Bidder's Application Specification Unit of Quantity Bid Section No. Measure Range Quantity 01 71 23 LS - 1 01 71 23 LS - 1 1-100 100 0241 13 SF 101-500 500 501+ 501 1-100 100 0241 13 SF 101-200 200 201+ 201 0241 13 EA - 20 0241 13 EA - 20 1-100 100 0241 13 SF 101-500 500 501+ 501 1-100 100 0241 13 SF 101-500 500 501+ 501 1-100 100 0241 13 S F 101-400 400 401+ 401 1-50 50 0241 13 LF 51-100 100 101+ 101 1-10 10 0241 13 LF 11-30 30 31+ 31 0241 13 EA - 5 0241 13 EA - 5 0241 13 EA - 5 1-100 100 0241 15 LF 101-500 500 501+ 501 0241 14 EA - 1 0241 14 EA - 1 0241 14 EA - 1 0241 14 EA - 1 31 1000 EA - 1 31 1000 EA - 1 31 1000 EA - 1 31 1000 EA - 1 312316 CY - 50 31 23 23 CY - 50 31 24 00 CY - 50 321123 SY 50 1-2500 2,500 32 1320 SF 2501-5000 5,000 5001+ 5,001 1-1000 1,000 32 1320 SF 1001-2000 2,000 2001 2,001 Bidder's Proposal Unit Price Bid Value CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Sidewalk Unit Price Construction Contract Revised 9/30/2021 CPN 104414 00 42 43 BID PROPOSAL Page 2 of 3 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information Bidder's Application Bidder's Proposal Unit 1 - Base Bid Bidlist Item Description Specification Unit of Quantity Bid Unit Price No. Section No. Measure Range Quantity 1-2500 2,500 30 3213.0311 4" Conc Sidewalk, Adjacent to Curb 32 1320 SF 2501-5000 5,000 5001+ 5,001 31 3213.0321 Conc Sidewalk, Adjacent to Ret Wall 32 1320 SF - 1,000 32 3213.0322 Conc Curb at Back of Sidewalk 32 1320 LF - 500 33 3213.0401 6" Concrete Driveway 32 1320 SF - 500 34 3213.0402 7" Concrete Driveway 32 1320 SF - 200 35 3213.0403 8" Concrete Driveway 32 1320 SF - 200 36 3213.0501 Barrier Free Ramp, Type R-1 32 1320 EA - 15 37 3213.0502 Barrier Free Ramp, Type U-1 32 1320 EA - 5 38 3213.0503 Barrier Free Ramp, Type M-1 32 1320 EA - 5 39 3213.0504 Barrier Free Ramp, Type M-2 32 1320 EA - 5 40 3213.0505 Barrier Free Ramp, Type M-3 32 1320 EA - 1 41 3213.0506 Barrier Free Ramp, Type P-1 32 1320 EA - 10 42 3213.0507 Barrier Free Ramp, Type P-2 32 1320 EA - 1 43 3213.0508 Barrier Free Ramp, Type C-1 32 1320 EA - 1 44 3213.0509 Barrier Free Ramp, Type C-2 32 1320 EA - 1 45 3213.0510 Barrier Free Ramp, Type C-3 32 1320 EA - 1 1-250 250 46 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 251-500 500 501+ 501 1-250 250 47 3216.0102 7" Conc Curb and Gutter 32 16 13 LF 251-500 500 501+ 501 1-20 20 48 3216.0301 7" Conc Valley Gutter, Residential 32 16 13 SY 21-40 40 41+ 41 49 3216.0302 11" Conc Valley Gutter, Arterial/Industrial 32 16 13 SY - 20 50 3217.5001 Curb Address Painting 32 1725 EA - 1 51 3232.0100 Conc Ret Wall Adjacent to Sidewalk 3232 13 SF - 50 1-100 100 52 3291.0100 Topsoil 3291 19 CY 101-200 200 201+ 201 1-1000 1,000 53 3292.0100 Block Sod Placement 3292 13 SY 1001-2000 2,000 2001+ 2,001 54 3305.0106 Manhole Adjustment, Major 3305 14 EA - 1 55 3305.0107 Manhole Adjustment, Minor 3305 14 EA - 1 56 3305.0108 Miscellaneous Structure Adjustment 3305 14 EA - 1 57 3305.0109 Meter Box Adjustment 3305 14 EA - 1 58 3305.0111 Valve Box Adjustment 3305 14 EA - 1 59 3441.4002 Furnish/Install Alum Sign Ground Mount TxDOT Std. 34 41 30 EA - 5 60 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 3441 30 EA - 5 61 3441.4004 Furnish/Install Alum Sign Ex. Pole Mount 34 41 30 EA - 1 62 3441.4005 Install Alum Sign Mast Arm Mount 3441 30 EA - 1 63 3441.4006 Install Alum Sign Ground Mount 3441 30 EA - 1 64 3441.4007 Install Alum Sign Ex Pole Mount 3441 30 EA - 1 65 3441.4108 Remove Sign Panel and Post 34 41 30 EA - 5 66 3441.4109 Remove Sign Panel 34 41 30 EA - 1 Bid Value CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 2023 Sidewalk Unit Price Construction Contract CPN 104414 00 42 43 BIDPROPOSAL Page 3 of 3 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information Unit 1 - Base Bid Bidlist Item Description No. 67 3441.4110 Remove and Reinstall Sign Panel and Post 68 3471.0001 Traffic Control 69 3471.0002 Portable Message Sign 70 9999.0001 Construction Allowance 71 9999.0002 Landscape Irrigation Sprinkler Adjustment 72 9999.0003 Furnish and Install Detectable Warning Surface Bidder's Application Bidder's Proposal Specification Unit of Quantity Bid Unit Price Bid Value Section No. Measure Range Quantity 3441 30 EA - 5 3471 13 MO - 1 3471 13 WK - 1 - EA - 1 $25,000.00 $25,000.001 - EA - 2 1 - EA - 5 Total Bid $25,000.00 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 2023 Sidewalk Unit Price Construction Contract CPN 104414 0005 15 - 1 ADDENDA Page 1 of 2 SECTION 00 05 15 ADDENDA CITY OF FORT WORTH, TEXAS ADDENDUM NO. 2 To the Specifications and Contract Documents For 2023 Sidewalk Unit Price Construction Contract City Project Number 104414 Issued: September 22, 2023 Bid Date: October 5, 2023, at 1:30 P.M. CST This Addendum forms a part of the Bidding Documents and will be incorporated into Contract Documents, as applicable. Insofar as the original Contract Documents and Specifications and Construction Plans are inconsistent, this Addendum governs. Acknowledge receipt of this addendum by signing and attaching it to the Contract Documents (inside). Note receipt of the Addendum in the Bid Proposal and on the outer envelope of your bid. FAILURE TO DO SO MAY SUBJECT BIDDER TO DISQUALIFICATION. Prospective bidders are herebv notified of the following: This addendum includes the following: 1. Contractor Questions Q: Do we need an embossed physical bid bond, or will an electronic copy suffice for submission? A: The City requires an original, embossed physical bid bond. Electronic bonds will not be accepted. Acknowledge your receipt of Addendum No. 2 by completing the requested information at the following locations: (1) In the space provided in Section 00 41 00, Bid Form (2) Indicate in upper case letters on the outside of your sealed bid envelope: "RECEIVED AND ACKNOWLEDGED ADDENDUM NO. 2" All other provisions of the plans, specifications and contract documents for the project which are not expressly amended herein shall remain in full force and effect. Failure to return a signed copy of the addendum with the proposal shall be grounds for rendering the bid non -responsive. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised July 1, 2011 000515-2 ADDENDA Page 2 of 2 RECEIPT ACKNOWLEDGED: By: By. Marisa Conlin, Q.E. Project Manager Company: Transportation and Public Works END OF SECTION CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised July 1, 2011 0011 13 INVITATION TO BIDDERS Page 1 of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of CPN 104414 2023 Sidewalk Unit Price Construction Contract ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, October 5, 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: installation of concrete sidewalk, curb ramps, driveways, curb and gutter, and signs. ✓ortain insprovements ineluded in thispfejmea m> be „i.eopA -actor- ,., iG pre ali fiea by the City t the time f bi open li.~g. 711a p edufes 0 21 13 ITTFTRUGTIONS T$BTIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthtexas.gov/purchasing,/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: Tuesday, September 12, 2023 TIME: 9:00 AM CST CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104414 Revised 7/19/2021 0011 13 INVITATION TO BIDDERS Page 2 of 2 Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD This ITB (Invitation to Bidders) is to establish unit prices upon which task orders will be issued. The City reserves the right to award one or more contracts to qualified bidders within its identified project budget. There is no guarantee of the amount or value of work to be ordered. TIME PERIOD AND RENEWALS The time period of this Agreement will be for one (1) calendar year or the expiration of the funding, whichever occurs last. The City reserves the right to renew the contract for up to three (3) additional time periods under the same terms, conditions, and unit prices. The City shall provide at least sixty (60) days' notice to the Contractor of the City' s intent to renew. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Marisa Conlin, P.E., City of Fort Worth Email: marisa.conlin(&fortworthtexas.2ov Phone: 817-392-8779 AND/OR Attn: Scott R. Arnold, Kimley-Horn and Associates, Inc. Email: scott.arnold(&kimley-horn.com Phone: 817-335-6511 ADVERTISEMENT DATES August 31, 2023 September 7, 2023 END OF SECTION CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104414 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 10 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. 1. Bidders or- their- designated subeentmeter-s are required to be pr-equalified for- the wor- typesrequirixg P"-ali fi ..,ti r as or Seel ons 00 n 5 11 BI',]D£P.9 PENT. F imyj svJl,iial ry a YrniA Gibwzit the ,1,,etff,ent tie identified i Seetie 00 nc 11 on Seetion 00 � 5 l? PnWnl I A I I>; IC A TION APPLICATION IC A TION at least s,.yen +7) ealendar- days prior- to Bid opening fer- review a -ad, if d, woopobyra:. stibeepAr-aeter-s listed by a Bidder- on 09 1 f 12 mu%�,,t to wedi types. SubeepAr-aeter-s ffmst follow the same timelines as Bidders for- obt i i g pr-equalifieation review. Bidders or- Subeentfaeter-s who are not pf-equalified 4 the time bids afe opened and feviewed may eanse the bid a b-c i- r-eqttir-ed files thfotigh the ' sbri`c-at: CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104414 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 0 0 0 0 0 I f 20r rt-aet.)A;2nD-o.,,,.,1; oa��,10/ 7nD -ei. -afp /DD-EO T A T IFIC A TION0;2Op EO UME frl—kN--.rEo/ 29FO of 2nD A VING-0. 2000 TTD A rTO e i3d 3.1.2. De.,.1w.,,.and Do.aostr�/.: T.,1g'��:1� ��.,,,:.-o,v,o.�t� .a�,.,,,.f,o.,t 1,,e to at.: 0 0i20r HSt,..,66,.r-0,; oL riG/r t,aete-0%7nD-o.,, alif;.,., iefi/TDII70;20Re.,dw .,oi 2n, ad- 20Pe 1D�an%20L✓zhtinel, 2OPfe,,,,.,li fie tien-1,i 2nD -eer- , /ETREET% 20M1To/2 Water- rd Eanxtar,, Sewer- Do,,,,;,.omepAs ,1,,,.,,mepA 1.,,,4a .,t: 0 oQnr fst.. et; roioLw"Y.,jriG,/r ft,aet,,.oi2nD.o,,, alifiea4; rAVa4e,.oi2nafidO, 2 O&anitar,,oi 2OSewe .oi 2OCef t, aete .oi 2nD,-o,,,,.,1:P:,.,.tien-0, 2nD,-oe -.,,„ WSSO, 2%r-e 3-.2.1.F/abmio6ar. of and/or- qttes rokakodtepr-equalification ghoul the City-eemtw"- rr3 sided in 11wgraph 6. 1. 3.3. The City the right to fequiro ter, tiro Wart 10 -1 mbmf. fo ok addifieaa4 infefmatien as the City, in its s , the stipulated time fiame. Based upon the C ty's ., o en4 of the s„bm tto.a 3 m1 iViro a , may be gr-etlfids 3.5.0 MIT T5D. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104414 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state, and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. OMITTED. 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104414 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104414 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Marisa Conlin, P.E., Transportation and Public Works Email: marisa.conlinafortworthtexas.sov Phone: 817-392-8779 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 h_ttps:Hgpi2s.fortworthtexas. og v�jectResources/. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104414 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 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: httns://codelibrary.amlei4al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104414 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104414 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104414 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. City may award contracts to more than one bidder, lowest to highest, but is not required to award to all bidders. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at htttvs://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. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104414 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104414 Revised/Updated November 2, 2021 0035 13 CONFLICT OF INTEREST STATEMENT Page 1 of 13 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] fstate.N.us) httDs:llwww.ethics.state.tx.us/data/form slconfI ictlCI S.odf a CIQ Form does not apply Q CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary a CIS Form does not apply Q CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Alderink Enterprises, DBA C1 Pavment 101 Jesephine Ln Grand Prairie, TX 75050 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 By: Rob Aiderin 6 Signature: •7 . . Title: Vice President 2023 Sidewalk Unit Price Construction Contract CPN 104414 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: 2023 Sidewalk Unit Price Construction Contract City Project No.: 104414 Units/Sections: Base Bid 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Sidewalk Unit Price Construction Contract Revised 9/30/2021 CPN 104414 0041 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. None b. - C. - d. - e. - f. - g. - h. - 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 365 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. PFequalifneatien Sta exwn`., Ssetien 00 45 17 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Sidewalk Unit Price Construction Contract Revised 9/30/2021 CPN 104414 004100 510 FORM Page 4 of 13 publicly by the City at the bid opening. 61. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below Is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts, Total Bid 7, Bid Submittal This Bid is submitted on Respectfully sub By: (Signature) Rob Alderink (Printed Name) Title: Vice President October 3, 2023 Company: Alderink Enterprises, Inc. dba Cl Pavement Address: 101 Josephine Ln Grand Prairie, TX 75050 State of Incorporation: Texas Email: rob@cipavement.Com Phone: 972 721-9796 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/3012021 $893,980.10 by the entity named below. Receipt is acknowledged of the Initial following Addenda: Addendum No. 1: "Aa )Addendum No, 2: 41A )Addendum No. 3: NIA )Addendum No. 4: 1 Corporate Seal: 2023 Sidewalk Unit Price Constructlon Contract CPN 104414 00 42 43 BID PROPOSAL Page 1 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit 1 - Base Bid Bidlist Item Description Specification Unit of Quantity Bid Unit Price Bid Value No. Section No. Measure Range Quantity 1 0171.0101 Construction Staking 01 71 23 LS - 1 $2,575.00 $2,575.00 2 0171.0102 As -Built Survey 01 71 23 LS - 1 $2,575.00 $2,575.00 1-100 100 $5.15 $515.00 3 0241.0100 Remove Sidewalk 0241 13 SF 101-500 500 $3.86 $1,930.00 501+ 501 $3.35 $1,678.35 1-100 100 $5.15 $515.00 4 0241.0200 Remove Step 0241 13 SF 101-200 200 $5.15 $1,030.00 201+ 201 $5.15 $1,035.15 5 0241.0300 Remove ADA Ramp 0241 13 EA - 20 $515.00 $10,300.00 6 0241.0301 Remove Detectable Warning Surface 0241 13 EA - 20 $515.00 $10,300.00 1-100 100 $3.86 $386.00 7 0241.0401 Remove Concrete Drive 0241 13 SF 101-500 500 $3.35 $1,675.00 501+ 501 $3.35 $1,678.35 1-100 100 $5.15 $515.00 8 0241.0402 Remove Asphalt Drive 0241 13 SF 101-500 500 $3.86 $1,930.00 501+ 501 $3.35 $1,678.35 1-100 100 $8.24 $824.00 9 0241.0403 Remove Brick Drive 0241 13 SF 101-400 400 $7.21 $2,884.00 401+ 401 $7.21 $2,891.21 1-50 50 $25.75 $1,287.50 10 0241.0500 Remove Fence 0241 13 LF 51-100 100 $20.60 $2,060.00 101+ 101 $15.45 $1,560.45 1-10 10 $41.20 $412.00 11 0241.0600 Remove Wall <4' 0241 13 LF 11-30 30 $30.90 $927.00 31+ 31 $30.90 $957.90 12 0241.0700 Remove Mailbox 0241 13 EA - 5 $257.50 $1,287.50 13 0241.0701 Remove Multiple User Mailbox 0241 13 EA - 5 $463.50 $2,317.50 14 0241.0702 Relocate Mailbox - Traditional 0241 13 EA - 5 $566.50 $2,832.50 1-100 100 $12.36 $1,236.00 15 0241.1300 Remove Cone Curb&Gutter 0241 15 LF 101-500 500 $12.36 $6,180.00 501+ 501 $12.36 $6,192.36 16 0241.4001 Remove 10' Curb Inlet 0241 14 EA - 1 $2,060.00 $2,060.00 17 0241.4002 Remove 15' Curb Inlet 0241 14 EA - 1 $3,090.00 $3,090.00 18 0241.4003 Remove 20' Curb Inlet 0241 14 EA - 1 $4,120.00 $4,120.00 19 0241.4004 Remove 30' Curb Inlet 0241 14 EA - 1 $6,180.00 $6,180.00 20 3110.0102 6"-12" Tree Removal 31 1000 EA - 1 $1,339.00 $1,339.00 21 3110.0103 12"-18" Tree Removal 31 1000 EA - 1 $2,472.00 $2,472.00 22 3110.0104 18"-24" Tree Removal 31 1000 EA - 1 $3,399.00 $3,399.00 23 3110.0105 24" and Larger Tree Removal 31 1000 EA - 1 $5,150.00 $5,150.00 24 3123.0101 Unclassified Excavation by Plan 3123 16 CY - 50 $25.75 $1,287.50 25 3123.0103 Borrow by Plan 31 23 23 CY - 50 $51.50 $2,575.00 26 3124.0101 Embankment by Plan 31 24 00 CY - 50 $51.50 $2,575.00 27 3211.0122 6" Flexible Base, Type A, GR-2 32 11 23 SY 50 $27.81 $1,390.50 1-2500 2,500 $10.30 $25,750.00 28 3213.0301 4" Cone Sidewalk 32 13 20 SF 1 2501-5000 5,000 $10.04 $50,200.00 5001+ 5,001 $9.53 $47,659.53 1-1000 1,000 $10.56 $10,560.00 29 3213.0302 5" Cone Sidewalk 32 13 20 SF 1001-2000 2,000 $10.30 $20,600.00 2001 2,001 $10.04 $20,090.04 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Sidewalk Unit Price Construction Contract Revised 9/30/2021 CPN 104414 00 42 43 BID PROPOSAL Page 2 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit 1 - Base Bid Bidlist Item Description Specification Unit of Quantity Bid Unit Price Bid Value No. Section No. Measure Range Quantity 1-2500 2,500 $10.30 $25,750.00 30 3213.0311 4" Conc Sidewalk, Adjacent to Curb 32 13 20 SF 1 2501-5000 5,000 $10.04 $50,200.00 5001+ 5,001 $9.53 $47,659.53 31 3213.0321 Conc Sidewalk, Adjacent to Ret Wall 32 13 20 SF - 1,000 $13.13 $13,130.00 32 3213.0322 Conc Curb at Back of Sidewalk 32 13 20 LF - 500 $46.35 $23,175.00 33 3213.0401 6" Concrete Driveway 32 13 20 SF - 500 $10.45 $5,225.00 34 3213.0402 7" Concrete Driveway 32 13 20 SF - 200 $10.66 $2,132.00 35 3213.0403 8" Concrete Driveway 32 13 20 SF - 200 $11.07 $2,214.00 36 3213.0501 Barrier Free Ramp, Type R-1 32 13 20 EA - 15 $2,575.00 $38,625.00 37 3213.0502 Barrier Free Ramp, Type U-1 32 13 20 EA - 5 $4,635.00 $23,175.00 38 3213.0503 Barrier Free Ramp, Type M-1 32 13 20 EA - 5 $1,854.00 $9,270.00 39 3213.0504 Barrier Free Ramp, Type M-2 32 13 20 EA - 5 $2,008.50 $10,042.50 40 3213.0505 Barrier Free Ramp, Type M-3 32 13 20 EA - 1 $1,905.50 $1,905.50 41 3213.0506 Barrier Free Ramp, Type P-1 32 13 20 EA - 10 $2,575.00 $25,750.00 42 3213.0507 Barrier Free Ramp, Type P-2 32 13 20 EA - 1 $3,090.00 $3,090.00 43 3213.0508 Barrier Free Ramp, Type C-1 32 13 20 EA - 1 $4,635.00 $4,635.00 44 3213.0509 Barrier Free Ramp, Type C-2 32 13 20 EA - 1 $3,605.00 $3,605.00 45 3213.0510 Barrier Free Ramp, Type C-3 32 13 20 EA - 1 $2,060.00 $2,060.00 1-250 250 $51.50 $12,875.00 46 3216.0101 6" Conc Curb and Gutter 32 16 13 LF 251-500 500 $49.44 $24,720.00 501+ 501 $46.35 $23,221.35 1-250 250 $55.62 $13,905.00 47 3216.0102 7" Conc Curb and Gutter 32 16 13 LF 251-500 500 $51.50 $25,750.00 501+ 501 $49.44 $24,769.44 1-20 20 $206.00 $4,120.00 48 3216.0301 7" Conc Valley Gutter, Residential 32 16 13 SY 21-40 40 $180.25 $7,210.00 41+ 41 $154.50 $6,334.50 49 3216.0302 11" Conc Valley Gutter, Arterial/Industrial 32 16 13 SY - 20 $283.25 $5,665.00 50 3217.5001 Curb Address Painting 32 1725 EA - 1 $257.50 $257.50 51 3232.0100 Conc Ret Wall Adjacent to Sidewalk 3232 13 SF - 50 $51.50 $2,575.00 1-100 100 $90.64 $9,064.00 52 3291.0100 Topsoil 3291 19 CY 101-200 200 $90.64 $18,128.00 201+ 201 $90.64 $18,218.64 1-1000 1,000 $22.66 $22,660.00 53 3292.0100 Block Sod Placement 32 92 13 SY 1001-2000 2,000 $15.45 $30,900.00 2001+ 2,001 $12.36 $24,732.36 54 3305.0106 Manhole Adjustment, Major 3305 14 EA - 1 $772.50 $772.50 55 3305.0107 Manhole Adjustment, Minor 3305 14 EA - 1 $257.50 $257.50 56 3305.0108 Miscellaneous Structure Adjustment 3305 14 EA - 1 $772.50 $772.50 57 3305.0109 Meter Box Adjustment 3305 14 EA - 1 $257.50 $257.50 58 3305.0111 Valve Box Adjustment 3305 14 EA - 1 $257.50 $257.50 59 3441.4002 Furnish/Install Alum Sign Ground Mount TxDOT Std. 34 41 30 EA - 5 $566.50 $2,832.50 60 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 41 30 EA - 5 $463.50 $2,317.50 61 3441.4004 Furnish/Install Alum Sign Ex. Pole Mount 34 41 30 EA - 1 $360.50 $360.50 62 3441.4005 Install Alum Sign Mast Arm Mount 34 41 30 EA - 1 $772.50 $772.50 63 3441.4006 Install Alum Sign Ground Mount 34 41 30 EA - 1 $360.50 $360.50 64 3441.4007 Install Alum Sign Ex Pole Mount 34 41 30 EA - 1 $360.50 $360.50 65 3441.4108 Remove Sign Panel and Post 34 41 30 EA - 5 $154.50 $772.50 66 3441.4109 Remove Sign Panel 34 41 30 EA - 1 $154.50 $154.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Sidewalk Unit Price Construction Contract Revised 9/30/2021 CPN 104414 00 42 43 BID PROPOSAL Page 3 of 3 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information Unit 1 - Base Bid Bidlist Item Description No. 67 3441.4110 Remove and Reinstall Sign Panel and Post 68 3471.0001 Traffic Control 69 3471.0002 Portable Message Sign 70 9999.0001 Construction Allowance 71 9999.0002 Landscape Irrigation Sprinkler Adjustment 72 9999.0003 Furnish and Install Detectable Warning Surface Bidder's Application Bidder's Proposal Specification Unit of Quantity Bid Unit Price Bid Value Section No. Measure Range Quantity 34 41 30 EA - 5 $360.50 $1,802.50 3471 13 MO - 1 $2,575.00 $2,575.00 3471 13 WK - 1 $412.00 $412.00 - EA - 1 $25,000.00 $25,000.00 - EA - 2 $154.50 $309.00 - EA - 5 $442.90 $2,214.50 Total Bid $893,974.51 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 2023 Sidewalk Unit Price Construction Contract CPN 104414 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page t of 2 That we, Alderink Enterprises, Inc. dba Cl Pavement "Bidder" herein and American Contractors Indemnity dba Texas Bonding Company a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 2023 Sidewalk Unit Price Construction Contract NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, forty five thousand dollars and 01100 ($45,000) and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fart Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 29th day of September, 2023. ATTEST: y Witness as to Principal PRINCIPAL: Cl Pavement BY: W141 Signature f4 AUV-V-�K' Vr Name and Title CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 91M2021 2023 Sidewalk Unit Price Cnnslruction Contract CPN 104414 Witness as to Surety Attach Power of Attorney (Surety) for Attorney -in -Fact 00 43 13 DID BOND Page 2 of 2 Address: 101 Josephine St Grand Prairie, TX 75050 SURETY: American Contractors Indemnitv Cc dba Texas Bondino Comm anv Signature �[ Lesa Fernandez -Power of Attorney v Name and Title Address: 801 Sw. Figueroa St, Suite 700 Los Anaefes. CA 90017 Telephone Number: 310-549-0990 '"Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2023 Sidewalk Unit Price Cwstruetion Contract Revised 9l3012021 CPN 104414 TOKIO MARI N E HCC POWER OF ATTORNEY AMERICAN CONTR�CTORS INDEMNITY COMPANY Z= EXAS BONDING COMPANY__ - lH[TED-SS SURETY COMPA1�L11x t1PEIAA INSURANC.Q{V�FANY` _NAN _= -= ___ Apsan-am., Yr ___- -— AC�IIII ALL MEN BY TF--�E EAR 1FMT§ Tl1at Americansy�ompany, a`C:al.ifornia corporal n�T--exas Bondi%M Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Michele Brockman, Charles Chantry, Lesa Fernandez, Ann Macomber or Suzanne Van Meter of Richardson, Texas its true and lawful Attorney{s}-in-fact, each in their separate capacity if more than one is named above, with full power and authority Hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ""'Ten Million"'" Dollars [ `$10,000,000.00` i. This Power of Attorney shall expire without further action on January 31a1, 2024, This Power of Attorney Is r:-ant0junder and by authoror of-Ake-follo,�ing resolutions adopted;by he= oara of Directors of the C. mpanies: �_ __ 8e=ri=R_e96bvad, that the Pr_9s411r I��-_- IIETIPr�si�ent, any Assistan a ae-arty�a retary or any s� sar, aes,l .a =si And is here NO ;vested with full ower air-ailt�1d r: tdIn�n one or more stiita e _ - p pp y- p [sons=asa�A torRK s)-in-Fact to °re r�z 8 Sq-gU or= 7sd on beliaif of th Company subject to the folf�uirilg provisions: - Attorney -fin -Fact may be given full power and authority for and In the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contra cis, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as If signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this �_ ,3rd day- of September, 2021._ r _ EfCSLCQ�l_7 EtAC7flR5 INDEfi�NITVb OiIY l(A5 80NDING CnMPANY• t�17ED STATESt1RETY CDMP:ANY- i1: $.Sp IALTY_1NStlRANCE COINPAIJY - "�— rvrn�= - Y� AN ~_ =o�¢vgr` o oiiroa ��4�sllpe. o�n�rrs�°,af4 =-== State of California -`� {!@' y r �cvcx�r�w t County of Los Angeles o^ .�'�� g tz By: 1--� �`'t� � '`F ,; •; ` ,,,: k& Daniel P. Aguilar, Vice President A Notary Public or other officer completing this certificate -verifies only the identity of the individual who signed the document to which. this certificate is attached, and not the truthfulness, accuracy, or validity of that document On this 23rd day of September, 2021, before me, D. Littlefield, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Branding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the .same in his authorized capacity, and that by his signature on the ad_nstnim:ent the parson, of the�ent� iRan4 Whalf of h ci i thalpr6or. •act ' to a t! m9n _ - _ ^t3_L :'2-C-4_ d the !^s --- - gag _: . ce ifyztnder PENAL-fy -� �F 11 _U1 Y n Or the laws oath _ fT_e i €forni 'that the fore _ € : o f €emu -pnd correct:.=� - Y 0. LI7tLSF1[I,P WITNESS my hand and off ' I seal. r F±ae�ryPu6lre-cslr,r„I. ~ A MY Camm.I�-W 31, 2024 Signature � - [Seal} EX i� I, Kio Lo, Assistant Secretary a American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S, Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are In full force and effect. I ness Whereof, have hereunto set my In65difixed the seals of said Companies at Los Angeles, California this -__ ay of _ `p _--- - == -- ==- =_ ia-_—Mi = = - �CY°R - y S.41 =___ `I, 9G _ �inru�r r 15 r_�orp-orate Seals 22 t �� sow Nc _ <��•. �r °v..,,....,�a - == - Bon dL*`> 4a�p_„f + Agency No. 18792 aisoix osKio o, Asecreta ryR ^aurinumn nr"Fir,ih� k'hulr#11 Mb �k 'rv,li i,ll„� HOCSMANPOA0912021 visit tmhcc.com/surety for more information Texas Bonding Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE To obtain information or make a complaint: 1. You may contact your agent. 2. You may call the company's toll free telephone number for information or to make a complaint at: 1-800-486-6695 3. You may also write to the company at: Texas Bonding Company 801 South Figueroa Street Suite 700 Los Angeles, CA 90017 USA 4. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 5. You may write to the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 12030 Austin, Texas 78711-2030 Fax No. 512- 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document AVISO IMPORTANTE Para obtener informacion o para someter una queja: 1. Puede comunicarse con su agente. 2. Usted puede Ilamar al numero de telefono gratis de la compania's para informacion o para someter una queja al: 1-800-486-6695 3. Usted tambien puede escribir a la compania: Texas Bonding Company 801 South Figueroa Street Suite 700 Los Angeles, CA 90017 USA 4. Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos, o quejas al: 1-800-252-3439 5. Puede escribir al Departamento de Seguros de Texas al: Consumer Protection (111-1A) P.O. Box 12030 Austin, Texas 78711-2030 Fax No. 512- 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TD1). UNA ESTE AVISO A SU POLIZA Esta aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. H C C S OTX C O M P LAI N T2023/06 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 12 of 13 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-Df-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, Q BIDDER: Alderink Enterprises, DBA Cl Pavement END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS RevIsed 9/30/2021 By: Rob Alderink 41;�11�lf /I (Signature) Title: Vice President Date: 3-Oct-23 2023 Sidewalk Unit Price Construction Contract CPN 104414 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 00 45 26 - 1 CONTRACTOR COMPLIANCE WrM WORKER'S COMPENSA'11ON LAW Page l 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. 104414. 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: Lj- PA Company (0 -3 0S , e /Address PcA,(-.z City/State/Zip THE STATE OF TEXAS [tMiNN11`L!J 5i111:1.1;711IR111 By: Akt�v ti({ (PleasePrint) Signature: !/ / S4�50 Title: (Please Print) �R_E E, the undersigned authority, on this day persona appeared }IJ . b/1 , 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 kj for the purposes and consideration therein expressed and in the capacity therein stated. G .N UNDER MY HAND AND SEAL OF OFFICE this 3 day of SFiELLEY MCCLNDQIt Notary Public in d for the State of Texas •`,.'• c i .: My Notary ID # 125264980 May es Exp =.,r; .,.;�;• it 1, 2025 = °F -;T_ END OF SECTION �;-- . . CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1. 2011 1 2023 Sidewalk Unit Price!Constniction Contract CPN 104414 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: httns://codelibrarv.amle2al.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 25% 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 Prot6g6 participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 httDs://anus.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MW E/Business Equity Utilization 46 Form DVIN 2022 220324.ndf 47 48 Letter of Intent CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 httDs://anus.fortworthtexas.e_ov/Pro_iectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.ndf 4 Business Equity Good Faith Effort Form 5 httns://anus.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN2022.ndf 7 8 Business Equity Prime Contractor Waiver Form 9 httl)s:Hanus.fortworthtexas.2ov/ProiectResources/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 httr)s://anus.fortworthtexas.2ov/ProiectResources/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 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised October 27, 2021 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on December 12, 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 Alderink Enterprises, Inc. dba Cl Pavement, 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 Sidewalk Unit Price Construction Contract CPN 104414 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work will be issued on a task order basis and Final Acceptance of each task order will be determined as that work is completed. Time for the overall contract shall not be more than five (5) years or until the amount up to One Million Five Hundred Thousand and 00/100 Dollars ($1,500,000.00), unless amended, or has been exhausted. 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. 4.3 Renewals The City reserves the right to renew the contract for up to three (3) additional time periods under the same terms, conditions, and unit prices. The City shall provide at least sixty (60) days' notice to the Contractor of the City' s intent to renew. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 52 43 - 2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder e b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) 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 damaLyes 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. 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 CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 52 43 - 3 Agreement Page 3 of 6 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 citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 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. 7.8 Prohibition On Contracts With Companies Boycotting Israel. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 52 43 - 4 Agreement Page 4 of 6 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 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 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: Alderink Enterprises, Inc. dba Cl Pavement By: Rob Alderink Rob Alderink (Dec 12, 2023 09:24 CST) Signature Rob Alderink (Printed Name) Vice -President Title 101 Jesephine Lane Address Grand Prairie, Texas 75050 City/State/Zip Dec 12, 2023 Date City of Fort Worth William Johnson (J n 10, 202416:03 CST) William M. Johnson Assistant City Manager Jan 10, 2024 Date Attest: 8=0 4d°°n?Exos� Jannette Goodall, City Secretary (Seat) M&C: 23-1052 Date: December 12.2023 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. Marisa Conlin, P.E. Sr. Professional Engineer Approved as to Form and Legality: QCIW— DBIack (Jan 10, 202414:43 CST) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: A. Lauren Prieur (Jan 9.202413:57 CST) Lauren L. Prieur, Director, Transportation and Public Works CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised 8/22/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Bond Number: 1001155760 006113-1 PERFORMANCE BOND Page 1 of2 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, Alderink Enterprises, Inc. dba CI Pavement known as 8 "Principal' herein and American Contractors Indemnity dba Texas Bonding Companya corporate 9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 12 Sum of, One million five hundred thousand and 00/100 Dollars 13 ($ 1,500,000 ), lawfiil money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 12th day of December , 20?3 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 20 labor and other accessories defined by law, in the prosecution of the Work, including any Change 21 Orders, as provided for in said Contract designated as 2023 Sidewalk Unit Price Construction 22 Contract, CPN 104414. 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfiilly perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in fall force and effect. 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Conti -act STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 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 G IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the _ 12th—_day of 6 December, 2023 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ATTEST: ��� �� 0 C (Principal) Secretary Witness as to Principal __ A , 017 Witness as to Surety PRINCIPAL: Alderink Enterprises, Inc. dba CI Pavement BY: ! WXV Signature mt.- c vl) Name and Title Address: 101 Josephine St Grand Prairie. TX 75050 SURETY: American Contractois Indemnity dba Texas Bonding Company BY: tCC�AG� Signature Lesa Fernandez - Attorney in Fact Name and Title Address: 801 S. Figueroa St. Suite 700 Los Angeles, CA 90017 Telephone Number: 800.486.6695 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised July 1, 2011 Texas Bonding Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE To obtain information or make a complaint: 1. You may contact your agent. 2. You may call the company's toll free telephone number for information or to make a complaint at: 1-800-486-6695 3. You may also write to the company at: Texas Bonding Company 801 South Figueroa Street Suite 700 Los Angeles, CA 90017 USA 4. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 5. You may write to the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 12030 Austin, Texas 78711-2030 Fax No. 512- 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: 1. Puede comunicarse con su agente. 2. Usted puede Ilamar al numero de telefono gratis de la compania's para informacion o para someter una queja al: 1-800-486-6695 3. Usted tambien puede escribir a la compania: Texas Bonding Company 801 South Figueroa Street Suite 700 Los Angeles, CA 90017 USA 4. Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos, o quejas al: 1-800-252-3439 5. Puede escribir al Departamento de Seguros de Texas al: Consumer Protection (111-1A) P.O. Box 12030 Austin, Texas 78711-2030 Fax No. 512- 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA Esta aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. HCCSOTXC O M PLAI NT2023/06 Bond Number: 1001155760 0061 14 - 1 PAYMENTBOND Page I of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TAR.R.A.NT § 7 That we, Alderink Enterprises, Inc. dba CI Pavement known as 8 "Principal' herein, and American Contractors Indemnity dba Texas Bonding Company , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 12 in the penal sum of One Million five hundred thousand and 00/100 Dollars 13 ($ 1,500,000 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 12th day of Dedember , 20 23 , which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as 2023 Sidewalk Unit Price Construction Contract, CPN 22 104414. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH 2O23 Sidewalk Unit Price Constnwtion Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised July 1, 2011 006114-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 12th day of 3 December 20 2023. 4 5 6 7 8 9 10 11 12 PRINCIPAL: Alderink Enterprises, Inc. dba Cl Pavement ATTEST: BY: Signature AA (Otu4,- fu VP (Princip"Secretry Name and Title Address: 101 Josephine St Grand Prairie, TX 75050 Witness as to Principal SURETY: American Contractors Indemnity dba Texas Bonding Company ATTEST: BY: Atm r5& t Signature Lesa Fernandez - Attorney in Fact (Surety) Secretary Name and Title Address: 801 S. Figueroa St. Suite 700 Los Angeles, CA 90017 Witness s to Surety Telephone Number: 800.486.6695 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 2O23 Sidewalk Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised July 1, 2011 Texas Bonding Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE To obtain information or make a complaint: 1. You may contact your agent. 2. You may call the company's toll free telephone number for information or to make a complaint at: 3. You may also write to the company at: Texas Bonding Company 801 South Figueroa Street Suite 700 Los Angeles, CA 90017 USA 4. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 5. You may write to the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 12030 Austin, Texas 78711-2030 Fax No. 512- 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document AVISO IMPORTANTE Para obtener informacion o para someter una queja: 1. Puede comunicarse con su agente. 2. Usted puede Ilamar al numero de telefono gratis de la compania's para informacion o para someter una queja al: 1-800-486-6695 3. Usted tambien puede escribir a la companfa: Texas Bonding Company 801 South Figueroa Street Suite 700 Los Angeles, CA 90017 USA 4. Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companias, coberturas, derechos, o quejas al: 1-800-252-3439 5. Puede escribir al Departamento de Seguros de Texas al: Consumer Protection (111-1A) P.O. Box 12030 Austin, Texas 78711-2030 Fax No. 512- 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA Esta aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. HCCSOTXCOM PLAI NT2023/06 Bond Number: 1001155760 006119-1 MAINTENANCE BOND Page 1 of3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Alderink Enterprises, Inc. dba Cl Pavement , known as 9 "Principal" herein and American Contractors Indemnity dba Texas Bonding Company a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 13 in the sum of One million five hundred thousand and 00/100 Dollars 14 ($ 1,500,000 ), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for payment of which sum well and truly be made into the City and its 16 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 17 and severally, firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the 12th day of December , 20 23 , which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 24 the "Work") as provided for in said contract and designated as 2023 Sidewalk Unit Price 25 Constriction Contract, CPN 104414; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two (2) years 30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Constnwtion Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised July 1, 2011 0061 19 - 2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE, the condition of this obligation is such that if Principal shall 3 remedy any defective Work, for which timely notice was provided by City, to a completion 4 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and 11 12 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 13 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 14 Worth Division; and 15 16 PROVIDED FURTHER, that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH 2O23 Sidewalk Unit Price Constmotion Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised July 1, 2011 0061 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 12th day of 3 December 2023 . 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 40 41 ATTEST: (Principal) Secretary Witness as to Principal ATTEST: (Stt ty) Secretary Witn s as o Surety' PRINCIPAL: Alderink Enterprises, Inc. dba CI Pavement BY: / 7Z // t r/ `Signature fZAAe,t,,k v/) Name and Title ' Address: 101 Josephine St Grand Prairie, TX 75050 SURETY: American Contractors Indemnity dba Texas Bonding Company BY: A601alle,5_ Signature Lesa Fernandez - Attorney in Fact Name and Title Address: 801 S. Figueroa St. Suite i00 Los Angeles, CA 90017 Telephone Number: 800.486.6695 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH 2O23 Sidewalk Unit Price Constriction Coalraot STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104414 Revised July 1, 2011 Texas Bonding Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE To obtain information or make a complaint: 1. You may contact your agent. 2. You may call the company's toll free telephone number for information or to make a complaint at: 1-800-486-6695 3. You may also write to the company at: Texas Bonding Company 801 South Figueroa Street Suite 700 Los Angeles, CA 90017 USA 4. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 5. You may write to the Texas Department of Insurance at: Consumer Protection (111-1A) P.O. Box 12030 Austin, Texas 78711-2030 Fax No. 512- 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent or the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY This notice is for information only and does not become a part or condition of the attached document. AVISO IMPORTANTE Para obtener informacion o para someter una queja: 1. Puede comunicarse con su agente. Usted puede Ilamar al numero de telefono gratis de la compania's para informacion o para someter una queja al: 1-800-486-6695 3. Usted tambien puede escribir a la compania: Texas Bonding Company 801 South Figueroa Street Suite 700 Los Angeles, CA 90017 USA 4. Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de companies, coberturas, derechos, o quejas al: 1-800-252-3439 5. Puede escribir al Departamento de Seguros de Texas al: Consumer Protection (111-1A) P.O. Box 12030 Austin, Texas 78711-2030 Fax No. 512- 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente o la compania primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA Esta aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. HCCSOTXCOM PLAINT2023/06 TOMOMARINE HCC POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S. SPECIALTY INSURANCE COMPANY KNOW ALL MEN BY THESE PRESENTS: That American Contractors Indemnity Company, a California corporation, Texas Bonding Company, an assumed name of American Contractors Indemnity Company, United States Surety Company, a Maryland corporation and U.S. Specialty Insurance Company, a Texas corporation (collectively, the "Companies"), do by these presents make, constitute and appoint: Brett Atwell, Michele Brockman, Charles Chantry, Lesa Fernandez, Ann Macomber or Suzanne Van Meter of Richardson, Texas its true and lawful Attorney(s)-in-fact, each in their separate capacity if more than one is named above, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed """"Ten Million— , Dollars ( *" $10,000,000.0l ). This Power of Attorney shall expire without further action on April 23rd, 2026. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be it Resolved, that the President, any Vice -President, any Assistant Vice -President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts, and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 18m day ,o�,APril 2022. uu ru, prr„r, `cSPperops".,, o``NOING`"o, .`"g SUq 5nslrrg, . AMERICAN CONTRACTORS INDEMNITY COMPANY, TEXAS Q Z. ""'•�tio °oo ..............o` . p�� ' �r 4, a`�G�\� ' `°c� % BONDING COMPANY, UNITED STATES SURETY COMPANY, U.S. SPEC ALTY INSURANCE COMPANY DUI Ihl�ORNMTEO .� _W: IZ`_W /ll�� �IyV tilt :3= N: •�,_ T' 6PPT. 25. 1990 i'� Y I// "�.'�I +9= E r r� - �: i 'cY :• iY�''• 7r"_ .'a.- li �� r`By �i °``..,,., 'O. sry` Pyr''��`' Daniel P. A uilar, ice President c r . T •.........• . q,,ALIPORIdt,ar�F Irnuuun„` uninu" A Notary Public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracv, or validity of that document. State of California County of Los Angeles On this 18th day of April 2022, before me, Sonia O. Carrejo, a notary public, personally appeared Daniel P. Aguilar, Vice President of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS m hand and official seal. SowAo.CARRESO y Notary Public • California ' Los Angeles County i Commission N 2398710 o.' MyComm. ExpiresApr 23, 2026 Signature - (seal) I, Kio Lo, Assistant Secretary of American Contractors Indemnity Company, Texas Bonding Company, United States Surety Company and U.S. Specialty Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Where f I have hereunto�et my hand and affixed the seals of said Companies at Los Angeles, California this _LZ�day of Mnwmnunyp, . h,,,, ` orWs�nhnr d""�4n54r 'qq0. `� 1 p``p "C7 0 1 ` ,/J c`O"°t't?A..._ORS,H `�cOON�ING C,.,., ..�;�• ,�.� ., ,�... ,� Bond No. `l ! ± oo, o` o p: '' a; ".c =< Agency No. 18792 =�' �`=" y`°'"" i`O "` ` 3_ Kio Lo, A ant Secretary -r<1RFCNRJIUSEO iy=_w: Z=-O' J/I�/l ilt �i-=�i D d_ 9EPT, 4, 1990 Yam(/'`\Q J_ t ; a; °gtrvonMPf OFSLPg°``\ HCCSMANPOA07/2023 nnnm,nmuuoo"° `'hrnmuNn`°` visit tmhce.com/surety for more information CPA916413910 COMMERCIAL GENERAL LIABILITY CG 73 23 12 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS ENHANCEMENT PLUS ENDORSEMENT INCLUDING MEDICAL PAYMENTS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Lost Key Coverage D. Expanded Property Damage Coverage 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, coverage is extended to include the following: If a customer's master or grand key, excluding electronic key card, is lost, damaged or stolen while in your care, custody or control we will pay the cost of replacing the keys, including the master lock and all keys used in the same lock, the cost of adjusting locks to accept the new keys, or the cost to replace the locks, whichever is less. 2. Limit of Insurance — For the purpose of this coverage the most we will pay is $ 10,000 per "occurrence". B. Voluntary Property Damage 1. Section I — Coverages, Coverage Bodily Injury And Property Damage Liability coverages extendedo includethefollowing: At your request, we will pay for "property damage" to propertyof others caused by you andwhilein your possession, risingoutof your business operationsand occurring during the policyperiod. 2. Limit of Insurance — For the purpose of this coverage the most we will pay is $1,500 per "occurrence". 1. For the purposes of this endorsement only: Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, 2. Exclusions, Exclusion j. Damage To Property is amended as follows: a. Paragraphs (3), (5), and (6) are deleted in their entirety. b. Paragraph (4) is deleted in its entirety and replaced with: (4) Personal property in the care, custody, or control of the insured: (a) for storage or sale at premises you own, rent or occupy; or (b) while being transported by any aircraft, "auto" or watercraft owned or operated by or rented to or loaned to any insured. c. The coverage provided by this endorsement does not apply to "property damage": (1) Arising out of the disappearance or loss of use of personal property; or (2) Included in the "products -completed operations hazard". 2. Limit of Insurance - The most we will pay for loss arising out of any one "occurrence" is $5,000. C. Non -Owned Watercraft 3. Deductible - Our obligation to pay for a Under Section I — Coverages, Coverage A covered loss applies only to the amount of Bodily Injury And Property Damage Liability, loss in excess of $250. 2. Exclusions, Exclusion g. Aircraft, Auto Or We will pay the deductible amount to effect Watercraft Paragraph (2) (a) is replaced with: settlement of any claim or "suit" and, upon (a) Less than 51 feet long; and notification of this action having been taken, you shall promptly reimburse us for the deductible as has been paid by us. CG 73 23 12 16 Includes copyrighted terial of Insurance Services Office, Inc., Page 1 of 5 with its permission. CPA916413910 LNF2 17354 INSURED COPY 46 0021075 CG73231216 This insurance is primary to any expanded property damage coverage provided by a separate endorsement attached to this policy, and it will supplant any deductible in said endorsement E. Damage To Premises Rented To You 1. Under Section I — Coverages, Coverage A Bodily Injury And Property Damage Liability, the last paragraph of 2. Exclusions is replaced with: If Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke, or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. 2. Under Section III — Limits Of Insurance, Paragraph 6 is replaced with: 6. Subject to 5. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or sprinkler leakage, while rented to you or temporarily occupied by you with permission of the owner. The limit is increased to $1,000,000. 3. Under Section IV — Commercial General Liability Conditions, 4. Other Insurance, b. Excess Insurance (1) (a) (ii) is replaced with: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler leakage insurance for premises rented to you or temporarily occupied by you with permission of the owner. F. Supplementary Payments Under Section I — Coverages, Supplementary Payments — Coverages A and B Paragraphs 1.b and 1.d. are replaced with: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. Page 2 of 5 d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. G. Newly Formed And Acquired Organizations Under SECTION II — WHO IS AN INSURED Paragraph 3.a. is replaced with: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; H. Additional Insured — Automatic Status When Required In An Agreement Or Contract With You Section II — Who Is An Insured is amended to include: 1. Any person(s) or organization(s) described in Paragraph a. — d. below with whom you have agreed in writing in a contract or written agreement that such person or organization be added as an additional insured on your policy during the policy period shown in the Declarations. 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above. The person or organization added as an insured by this endorsement is an insured only for liability due to: a. Lessors of Leased Equipment — with respect to their liability for "bodily injury", "property damage", or "personal and advertising injury", caused in whole or in part by your maintenance, operation, or use of equipment leased to you by such person(s) or organization(s). This insurance does not apply to any "occurrence" which takes place after the equipment lease expires. However, their status as additional insured under this policy ends when their lease, contract, or agreement with you for such leased equipment expires. b. Managers or Lessors of Premises — with respect to liability arising out of the ownership, maintenance, or use of that part of the premises you own, rent, lease, or occupy. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 73 23 12 16 CPA916413910 LNF2 17354 INSURED COPY 46 0021076 This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new con- struction, or demolition operations performed by or on behalf of the person or organization. However, their status as additional insured under this policy ends when you cease to be a tenant of such premises. c. State or Political Subdivision — Permits Relating to Premises — with respect to the following hazards for which the state or political subdivision has issued a permit or authorization in connection with premises you own, rent, or control and to which this insurance applies. (1) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (2) The construction, erection, or removal of elevators; or (3) The ownership maintenance or use of any elevators covered by this insurance. This insurance does not apply to: (1) "Bodily injury" or "property damage" or "personal or advertising injury" arising out of operations performed for the state or municipality; or (2) "Bodily injury" or "property damage" included within the "products - completed operations hazard". However, such state or political subdivision's status as additional insured under this policy ends when the permit ends. d. Owners, Lessees, or Contractors — with respect to liability for "bodily injury", "property damage", or "personal and advertising injury" caused in whole or in part, by: CG 73 23 12 16 (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed for that additional insured, whether the work is performed by you or on your behalf. The insurance does not apply to: (1) "Bodily injury", "property damage", or "personal and advertising injury" arising out of the rendering of or the failure to render any professional architectural, engineering, or survey services, including: (a) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, survey, field orders, change orders, or drawings and specifications; or (b) Supervisory, inspection, archi- tectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of, or failure to render, any professional, architectural, engineering, or surveying services. (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts, or equipment furnished in connection with such work, on the project (other than service, maintenance, or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 3 of 5 with its permission. CPA916413910 LNF2 17354 INSURED COPY 46 0021077 CG73231216 (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. However, a person or organization's status as additional insured under this policy ends when your operations for that additional insured are completed. With respect to the insurance afforded to such additional insureds a. — d. described above, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations: whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. However, the insurance afforded to such additional insureds a. — d. described above: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. 3. Primary and Noncontributory — Other Insurance Conditions The following is added to the Other Insurance Condition and supersedes any provisions to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. The additional insured is a Named Insured under such other insurance; and Page 4 of 5 b. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Employee Bodily Injury To Another Employee Under Section II — Who Is An Insured The following is added to Paragraph 2.a.(1): Paragraphs 2.a.(1) (a), (b) and (c) do not apply to "bodily injury" to a co -"employee" in the course of the co -"employee's" employment by you, or to "bodily injury" to a co -"volunteer worker" while performing duties related to the conduct of your business. J. Broad Form Named Insured Under Section II — Who Is An Insured The following is added to Paragraph 2.: e. Any business entity incorporated or organized under the laws of the United State of America (including any State thereof), its territories or possessions, or Canada (including any Province thereof) in which the Named Insured shown in the Declarations owns, during the policy period, an interest of more than fifty percent. If other valid collectible insurance is available to any business entity covered by this solely by reason of ownership by the Named Insured shown in the Declarations in excess of fifty percent, this insurance is excess over the other insurance, whether primary, excess, contingent, or on any other basis. K. Aggregate Limit Per Location Under Section III — Limits Of Insurance the following is added to Paragraph 2: The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your locations owned by or rented to you or temporarily occupied by you with the permission of the owner. For the purposes of this provision, location means premises involving the same or connecting lots, or premises whose connection is interrupted only by a public street, roadway, waterway or railroad right-of-way. L. Aggregate Limit Per Project Under Section III — Limits Of Insurance The following paragraph is added to Paragraph 2: The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your construction projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc., with its permission. CG 73 23 12 16 CPA916413910 LNF2 17354 INSURED COPY 46 0021078 M. Medical Payments Under Section III — Limits Of Insurance, Paragraph 7. is replaced with: 7. Subject to 5. above, the higher of: a. $10,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by one person. This coverage does not apply if Coverage C — Medical Payments is excluded either by the provisions of any coverage forms attached to the policy or by endorsement. N. Knowledge Of An Occurrence Under Section IV — Commercial General Liability Conditions, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit: e. Knowledge of an occurrence, offense, claim or suit by an agent or employee of any insured shall not in itself constitute knowledge of the insured unless you, a partner, if you are a partnership; or an executive officer or insurance manager, if you are a corporation receives such notice of an occurrence, offense, claim or suit from the agent or employee. f. The requirements in Paragraph b. will not be considered breached unless there is knowledge of occurrence as outlined in Paragraph e. above. O. Unintentional Failure To Disclose Hazard CG 73 23 12 16 inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior "occurrences" or offenses is not intentional. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. P. Waiver Of Subrogation Under Section IV — Commercial General Liability Conditions, 8. Transfer Of Rights Of Recovery Against Others To Us the following paragraph is added: If required by a written contract executed prior to loss, we waive any right of subrogation we may have against the contracting person or organization because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". Q. Liberalization Under Section IV — Commercial General Liability Conditions, the following paragraph is added: 10. Liberalization If we revise this coverage form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in your state. R. Broadened Bodily Injury Definition (Mental Anguish) Under Section IV — Commercial General Under Section V — Definitions Definition 3. Liability Conditions, Condition 6. "Bodily Injury" is replaced with: Representations the following paragraph is 3. "Bodily injury" means physical injury, added: sickness, or disease to a person and if d. Your failure to disclose all hazards or prior arising out of the foregoing, mental anguish, "occurrences" or offenses existing as of the mental injury, shock, or humiliation, including death at any time resulting therefrom. All terms and conditions of this policy apply unless modified by this endorsement. CG 73 23 12 16 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 5 with its permission. CPA916413910 LNF2 17354 INSURED COPY 46 0021079 POLICY NUMBER: CPA16413910 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) ANY PERSON OR ORGANIZATION WITH WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT OR AGREEMENT EXECUTED PRIOR TO LOSS THAT SUCH PERSON OR ORGANIZATION BE ADDED AS ADDITIONAL INSURED Location and Description Of Completed Operations ALL LOCATIONS AT WHICH COMPLETED OPERATIONS HAVE BEEN PERFORMED FOR THE ADDITIONAL INSURED UNDER THE WRITTEN CONTRACT OR AGREEMENT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All terms and conditions apply unless modified by this endorsement. CG 20 37 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1 74FQ 18353 INSURED COPY 46 0018594 COMMERCIAL GENERAL LIABILITY CL CG 01 14 09 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION (ADDITIONAL INSURED) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Paragraph (v) is added to Paragraph (1)(a) of Paragraph b. Excess Insurance under Paragraph 4. Other Insurance of Section IV — Commercial General Liability Conditions, as follows: (1) This insurance is excess over: (a) Any of the other insurance, whether primary, excess, contingent or on any other basis: (v) That is available to any person or organization who has been added as an additional insured to this policy by endorsement. However, with respect to an additional insured added by endorsement for liability caused, in whole or in part: 1. By your acts or omissions, or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; or (b) In connection with your premises; 2. By your maintenance, operation or use of equipment leased to you by such person or organization; or 3. By "your work" performed for that additional insured and included in the "products -completed operations hazard"; this insurance shall be primary to and will not seek contribution from the additional insured's own insurance if you and such additional insured have agreed prior to loss in a written contract or written agreement, in effect during this policy period, that this insurance be primary and noncontributory as respects liability described in Subparagraph (1)(a)(v)1., (1)(a)(v)2. or (1)(a)(v)3. above. However, this insurance, in all cases, is excess over any other liability insurance available to the additional insured to which such person or organization has been added as an additional insured. CL CG 01 14 09 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 1 with its permission t ---eXaSMutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Insured copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 12/15/23 at 12:01 a.m. standard time, forms a part of: Policy no. 0001207162 of Texas Mutual Insurance Company effective on 12/15/23 Issued to: ALDERINK ENTERPRISES INC DBA: Cl PAVEMENT NCCI Carrier Code: 29939 This is not a bill Authorized representative 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 12/11 /23 WC 42 03 04 B COMMERCIAL AUTO AC 70 05 03 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO PROTECTION - GOLD This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SUMMARY OF COVERAGES A. Effect of This Endorsement B. Newly Acquired or Formed Entities C. Employees as Insureds — Nonowned Autos D. Additional Insured by Contract, Permit or Agreement E. Supplementary Payments — Bail Bonds F. Supplementary Payments — Loss of Earnings G. Personal Effects and Property of Others Extension H. Prejudgment Interest Coverage I. Fellow Employee — Officer, Managers and Supervisors J. Hired Auto Physical Damage K. Temporary Substitute Autos — Physical Damage Coverage L. Expanded Towing Coverage M. Auto Loan or Lease Coverage N. Original Equipment Manufacturer Parts — Leased Private Passenger Types O. Deductible Amendments P. Rental Reimbursement Coverage Q. Expanded Transportation Expense R. Extra Expense — Stolen Autos S. Physical Damage Limit of Insurance T. New Vehicle Replacement Cost U. Physical Damage Coverage Extension V. Transfer of Rights of Recovery Against Others To Us W. Section IV — Business Auto Conditions — Notice of and Knowledge of Occurrence X. Hired Car Coverage Territory Y. Emergency Lock Out Z. Cancellation Condition AC 70 05 03 16 Includes copyrighted material of Insurance Services Office, Inc. Page 1 of 7 with its permission BAPC30-4-8524280 LNF2 17353 INSURED COPY AC7005031600 0001 46 0021309 COMMERCIAL AUTO AC 70 05 0316 A. EFFECT OF THIS ENDORSEMENT Coverage provided under this policy is modified by the provisions of this endorsement. If there is any conflict between the provisions of this endorsement and the provision(s) of any state - specific endorsement also attached to this poli- cy, then the provision(s) of the state -specific endorsement shall apply instead of the provi- sions of this endorsement that are in conflict, but only to the extent of the conflict, and only to the extent necessary to bring such provisions into conformance with the state requirement(s) contained in the provision(s) of the state -specific endorsement. B. NEWLY ACQUIRED OR FORMED ENTITIES The Named Insured shown in the Declarations is amended to include any organization you newly acquire or form, other than a partnership, joint venture, or limited liability company, and over which you maintain ownership or majority (more than 50%) interest; if there is no other similar in- surance available to that organization. Coverage under this provision is afforded until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is later. C. EMPLOYEES AS INSUREDS — NONOWNED AUTOS The following is added to paragraph A.1. Who Is An Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: d. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow in your business or your per- sonal affairs. Cl. ADDITIONAL INSURED BY CONTRACT, PERMIT OR AGREEMENT The following is added to A.1. Who Is An In- sured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: Any person or organization that you are re- quired to name as an additional insured in a written contract or agreement that is executed or signed by you prior to a "bodily injury" or ,.property damage" occurrence is an "insured" for Covered Auto Liability coverage. How- ever, with respect to covered "autos", such person or organization is an insured only to the extent that person or organization qualifies as an "insured" under A.1. Who is an Insured of SECTION II — COVERED AUTOS LIABILITY COVERAGE: If specifically required by the written contract or agreement referenced in the paragraph above, any coverage provided by this endorsement to an additional insured shall be primary and any other valid and collectible insurance avail- able to the additional insured shall be non- contributory with this insurance. If the written contract does not require this coverage to be primary and the additional insured's coverage to be non-contributory, then this insurance will be excess over any other valid and collectible insur- ance available to the additional insured. E. SUPPLEMENTARY PAYMENTS — BAIL BONDS Supplementary Payments of SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (2) Up to $2,500 for cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. F. SUPPLEMENTARY PAYMENTS — LOSS OF EARNINGS Supplementary Payments of the SECTION II — COVERED AUTOS LIABILITY COVERAGE is revised as follows: (4) All reasonable expenses incurred by the "in- sured" at our request, including actual loss of earnings up to $500 a day because of time off from work. G. PERSONAL EFFECTS AND PROPERTY OF OTHERS EXTENSION 1. The. Care, Custody or Control Exclusion of SECTION II — COVERED AUTOS LIABILITY COVERAGE, does not apply to "property damage" to property, other than your property, up to an amount not exceed- ing $250 in any one "accident". Coverage is excess over any other valid and collectible insurance. 2. The following paragraph is added to A.4. Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay up to $500 for your property that is lost or damaged as a result of a covered "loss", without applying a de- ductible. Coverage is excess over any other valid and collectible insurance. Page 2 of 7 Includes copyrighted material of Insurance Services Office, Inc. with its permission LNF2 17353 INSURED COPY AC7005031600 0001 AC 70 05 0316 46 0021310 H. PREJUDGMENT INTEREST COVERAGE The following paragraph is added to SECTION II — COVERED AUTOS LIABILITY COVERAGE, 2. Coverage Extensions, a. Supplementary Payments: (7) Prejudgment interest awarded against the "insured" on that part of the judgment we pay. If we make an offer to pay the appli- cable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer. I. FELLOW EMPLOYEE — OFFICERS, MANAGERS, AND SUPERVISORS The Fellow Employee Exclusion in SECTION II — COVERED AUTOS LIABILITY COVERAGE is replaced as follows; A. "Bodily injury" to any fellow "employee" of the "insured" arising out of and in the course of the fellow "employee's" employment or while performing duties related to the con- duct of your business. This exclusion does not apply to an "insured" who occupies a position as an officer, manager, or supervi- sor. J. HIRED AUTO PHYSICAL DAMAGE If covered "auto" designation symbols 1 or 8 ap- ply to Liability Coverage and if at least one "au- to" you own is covered by this policy for Com- prehensive, Specified Causes of Loss, or Colli- sion coverages, then the Physical Damage coverages provided are extended to "autos" you lease, hire, rent or borrow without a driver; and provisions in the Business Auto Coverage Form applicable to Hired Auto Physical Damage apply up to a limit of $100,000. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. Any Compre- hensive deductible does not apply to fire or lightning. K. TEMPORARY SUBSTITUTE AUTOS — PHYSICAL DAMAGE COVERAGE The following is added to paragraph C. Certain Trailers, Mobile Equipment And Temporary Substitute Autos of SECTION I - COVERED AUTOS: If Physical Damage Coverage is provided by this Coverage Form, the following types of vehicles are also covered "autos" for Physi- cal Damage Coverage: Any "auto" you do not own while used with the permission of its owner as a temporary AC 70 05 03 16 BAPC304-8524280 COMMERCIAL AUTO AC 70 05 03 16 substitute for a covered "auto" you own that is out of service because of its: a. Breakdown; b. Repair; c. Servicing; d. "Loss"; or e. Destruction The coverage that applies is the same as the coverage provided for the vehicle being replaced. L. EXPANDED TOWING COVERAGE 1. We will pay up to: a. $100 for a covered "auto" you own of the private passenger type, or b. $500 for a covered "auto" you own that is not of the private passenger type, for towing and labor costs incurred each time the covered "auto" is disabled. Howev- er, the labor must be performed at the place of disablement. 2. This coverage applies only for an "auto" covered on this policy for Comprehensive or Specified Causes of Loss Coverage and Collision Coverages. 3. Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto". M. AUTO LOAN OR LEASE COVERAGE 1. In the event of a total "loss" to a covered "auto", we will pay any unpaid amount due on the loan or lease, including up to a max- imum of $500 for early termination fees or penalties, for your covered "auto" less: a. The amount paid under SECTION III — PHYSICAL DAMAGE COVERAGE of this policy; and b. Any: 1) Overdue lease/loan payments at the time of the "loss"; 2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; 3) Security deposits not refunded by a lessor; 4) Costs of extended warranties, Credit Life insurance, Health, Accident, or Disability insurance purchased with the lease; and Includes copyrighted material of Insurance Services Office, Inc., with its permission LNF2 17353 INSURED COPY AC7005031600 0001 Page 3of7 46 0021311 COMMERCIAL AUTO AC 70 05 03 16 5) Carry-over balances from previous leases. 2. This coverage only applies to a "loss" which is also covered under this policy for Com- prehensive, Specified Causes of Loss, or Collision coverage. 3. Coverage does not apply to any unpaid amount due on a loan for which the covered "auto" is not the sole collateral. N. ORIGINAL EQUIPMENT MANUFACTURER PARTS — LEASED PRIVATE PASSENGER TYPES Under Paragraph C. Limit of Insurance of SECTION III — PHYSICAL DAMAGE COVERAGE, Section 4 is added as follows: 4. We will use new original equipment vehicle manufacturer parts for any private passen- ger type covered "auto" where required by the lease agreement which has a term of at least six months. If a new original equip- ment vehicle manufacturer part is not in pro- duction or distribution we may use a like, kind and quality replacement part. O. DEDUCTIBLE AMENDMENTS The following are added to the Deductible provi- sion of SECTION III — PHYSICAL DAMAGE COVERAGE: If another policy or coverage form that is not an automobile policy or coverage form issued by this company applies to the same "accident", the following applies: 1. If the deductible under this coverage is the smaller (or smallest) deductible, it will be waived: 2. If the deductible under this coverage is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. If a Comprehensive or Specified Causes of Loss Coverage "loss" from one "accident" involves two or more covered "autos", only the highest deductible applicable to those coverages will be applied to the "accident," if the cause of the loss is covered for those vehicles. This provision only applies if you carry Comprehensive or Specified Causes of Loss Coverage for those vehicles, and does not extend coverage to any covered "autos" for which you do not carry such coverage. Page 4 of 7 BAPC30-4-8524280 No deductible applies to glass if the glass is re- paired, in a manner acceptable to us, rather than replaced. P. RENTAL REIMBURSEMENT COVERAGE 1. This coverageapplies only to a covered "au- to" for which Physical Damage Coverage is provided on this policy. 2. We will pay for rental reimbursement ex- penses incurred by you for the rental of an "auto" because of "loss" to a covered "auto". Payment applies in addition to the otherwise applicable amount of each coverage you have on a covered "auto." No deductibles apply to this coverage. 3. We will pay only for those expenses incurred during the policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: a. The number of days reasonably required to repair or replace the covered "auto". If "loss" is caused by theft, this number of days is added to the number of days it takes to locate the covered "auto" and return it to you. b. The number of days shown in the Schedule. 4. Our payment is limited to the lesser of the following amounts: a. Necessary and actual expenses incurred. b. $75 for any one day or for a maximum of 30 days. 5. This coverage does not apply while there are spare or reserve "autos" available to you for your operations. 6. If "loss" results from the total theft of a cov- ered "auto" of the private passenger type, we will pay under this coverage only that amount of your rental reimbursement ex- penses which is not already provided for un- der SECTION III — PHYSICAL DAMAGE COVERAGE Coverage Extension. Q. EXPANDED TRANSPORTATION EXPENSE Paragraph A.4.a. of SECTION III — PHYSICAL DAMAGE COVERAGE is replaced by the follow- ing: We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense in- curred by you because of the total theft of a Includes copyrighted material of Insurance Services Office, Inc with its permission. LNF2 17353 INSURED COPY AC7005031600 0001 AC 70 05 03 16 46 0021312 covered "auto" of the private passenger type. We will only pay for those covered "autos" for which you carry Comprehensive or Specified Causes of Loss Coverage. We will pay for tem- porary transportation expenses incurred during the period beginning 24 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". R. EXTRA EXPENSE — STOLEN AUTOS The following paragraph is added to Coverage Extensions of SECTION III — PHYSICAL DAMAGE COVERAGE: c. We will pay for up to $5,000 for the expense of returning a stolen covered "auto" to you. We will pay only for those covered "autos" for which you carry Comprehensive or Spec- ified Causes of Loss Coverage S. PHYSICAL DAMAGE LIMIT OF INSURANCE T. Under SECTION III — PHYSICAL DAMAGE COVERAGE, Paragraph C., Limit of Insurance is replaced by the following: C. Limit Of Insurance 1. The most we will pay for "loss" in any one "accident" is the lesser of: a. The actual cash value of the damaged or stolen property as of the time of the "loss", or b. The cost of repairing or replacing the damaged or stolen property. 2. $1500 is the most we will pay for "loss" in any one "accident" to all electronic equip- ment that reproduces, receives or transmits audio, visual or data signals which, at the time of "loss", is: a. Permanently installed in or upon the covered "auto" in a housing, opening or other location that is not normally used by the "auto" manufacturer for the in- stallation of such equipment. b. Removable from a permanently installed housing unit as described in Paragraph 2.a. above or is an integral part of that equipment; or c. An integral part of such equipment. 3. An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss". COMMERCIAL AUTO AC70050316 ment manufacturer or other sources in- cluding non -original equipment manu- facturers and b. If a repair or replacement results in bet- ter than like kind or quality, we will not pay for the amount of the net improve- ment. 5. If we offer to pay the actual cash value of the damaged or stolen property, we will value auto advertising wraps, paint customi- zation, and similar business related advertis- ing modifications, in addition to the actual cash value of the property. Auto advertising wraps, paint customization, and similar business related advertising modifications will be valued at the cost to replace them with an adjustment made for depreciation and physical condition. NEW VEHICLE REPLACEMENT COST The following is added to the Limit of Insurance provision of SECTION III — PHYSICAL DAMAGE COVERAGE: 5. The provisions of paragraphs 1. and 3. do not apply to a covered "auto" of the private passenger type or a vehicle with a gross vehicle weight rating of 20,000 pounds or less which is a "new vehicle." In the event of a total "loss" to your new ve- hicle to which this coverage applies, we will pay at your option: a. The verifiable "new vehicle" purchase price you paid for your damaged vehi- cle, not including any insurance or war- ranties purchased; b. If it is available, the purchase price, as negotiated by us, of a "new vehicle" of the same make, model, and equipment or the most similar model available, not including any furnishings, parts, or equipment not installed by the manufac- turer or manufacturers' dealership; or. c. The market value of your damaged ve- hicle, not including any furnishings, parts, or equipment not installed by the manufacturer or manufacturer's dealer- ship. We will not pay for initiation or set up costs associated with loans or leases As used in this endorsement, a "new 4. The cost of repairing or replacing may: vehicle" means an "auto" of which you are a. Be based on an estimate which includes the original owner that has not been previ- parts furnished by the original equip - AC 70 05 0316 Includes copyrighted material of Insurance Services Office, Inc., Page 5 of 7 with its permission BAPC30.4-8524280 LNF2 17353 INSURED COPY AC7005031600 0001 46 0021313 COMMERCIAL AUTO AC 70 05 03 16 ously titled and which you purchased less than 365 days before the date of the "loss". U. PHYSICAL DAMAGE COVERAGE EXTENSIONS Under SECTION III — PHYSICAL DAMAGE COVERAGE, A. Coverage, Coverage Exten- sions, b. Loss of Use Expenses is replaced by the following: b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" be- comes legally responsible to pay for loss of use of a vehicle rented or hired without a driver, under a written rental contract or agreement. We will pay for loss of use ex- penses if caused by: (1) Other than collision if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for any covered "auto'; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto." However, the most we will pay for any expenses for loss of use is $50 per day, to a maximum of $1,500. The insurance provided by this provision is excess over any other collectible insurance. V. TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: We waive any right of recovery we may have against any person or organization to the extent required of you by a written con- tract executed prior to any "accident' be- cause of payments we make for damages under this coverage form. W. NOTICE OF AND KNOWLEDGE OF OCCURRENCE a. Your obligation in the Duties in the Event of Accident, Claim, Suit or Loss Condi- tion relative to notification requirements applies only when the "accident' or "loss" is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. Your obligation in the. Duties in the Event of Accident, Claim, Suit or Loss Condition relative to providing us with documents concerning a claim or "suit' will not be considered breached unless the breach occurs after such claim or "suit' is known to: (1) You, if you are an individual; (2) A partner, if you are a partnership; (3) A member, if you are a limited liability company; or (4) An executive officer or insurance manager, if you are a corporation. X. HIRED CAR — COVERAGE TERRITORY Item (5) of the Policy Period, Coverage Territory GeneralConditionss replaced by the following: (5) Anywheren theworldif a covered "auto' is leased, hired, rented or borrowed without a driverfor a period of 30 days or less; and Y. EMERGENCY LOCKOUT We will reimburse you up to $100 for reasonable expense incurred for the services of a locksmith to gain entry into your covered "auto' subject to these provisions: 1. Your door key, electronic key or key entry pad has been lost, stolen or locked in your covered "auto' and you are unable to enter such "auto' , or 2. Your keyless entry device battery dies and you are unable to enter such "auto' as a re- sult, SECTION IV — BUSINESS AUTO 3. Your key, electronic key or key entry pad CONDITIONS, Paragraph A is amended as has been lost or stolen and you have follows: changed the lock to prevent an unauthorized 6. NOTICE OF AND KNOWLEDGE OF entry; and OCCURRENCE Page 6 of 7 Includes copyrighted material of Insurance Services Office, Inc AC 70 05 0316 with its permission. BAPC304-8524280 LNF2 17353 INSURED COPY AC7006031600 0001 46 0021314 4. Original copies of receipts for services of a locksmith must be provided before reim- bursement is payable. Z. CANCELLATION CONDITION Paragraph A.2. of the COMMON POLICY CONDITION — CANCELLATION applies except as follows: AC 70 05 03 16 BAPC30-4-8524280 COMMERCIAL AUTO AC 70 05 03 16 If we cancel for any reason other than non- payment of premium, we will mail or deliver to the First Named Insured written notice of cancellation at least 60 days before the ef- fective date of cancellation. This provision does not apply in those states that require more than 60 days prior notice of cancella- tion. Includes copyrighted material of Insurance Services Office, Inc., with its permission LNF2 17353 INSURED COPY AC7005031600 0001 Page 7 of 7 46 0021315 IL 70 02 09 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADVANCE NOTICE OF CANCELLATION, NONRENEWAL OR COVERAGE REDUCTION OR RESTRICTION PROVIDED BY US This endorsement modifies insurance provided under the following: COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL CRIME COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART COMMERCIAL UMBRELLA LIABILITY POLICY FARM UMBRELLA LIABILITY POLICY LIQUOR LIABILITY COVERAGE PART MERCANTILE UMBRELLA LIABILITY POLICY SCHEDULE Person(s) or Organization(s) Address PER LIST MAINTAINED BY AGENCY Number of Days Notice If this policy is cancelled (other than nonpayment of premium) or nonrenewed or if the coverage provided by this policy is reduced or restricted (except for any reduction in the Limits of Insurance due to claims payments), we will provide written notice to the person(s) or organization(s) listed in the Schedule. We will provide this notice by mail 30 days in advance of any policy cancellation, nonrenewal or coverage reduc- tion or restriction or as indicated in the Number of Days Notice in the Schedule. All terms and conditions of this policy apply unless modified by this endorsement. IL 70 02 0911 Includes copyrighted material of Insurance Services Office, Inc.. Page 1 of 1 with its permission. 74FQ 18352 INSURED COPY IL7002091100 0242 46 0018735 FORT WORTHH) Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE:2023 SIDEWALK CONSTRUCTION. UNIT PRICE CONTRACT M&C: 23-1052 CPN: 104414 CSO: 60737 Date: 01 /04/24 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 PLW TPW-Signer Legal -Approver awe Legal -Signer 1.b ACM -Signer CSCO-Approver CSCO-Signer TSG CSCO-Form Filler �- TPW DOCK: Date Out 01/08/24 01/09/24 01 /09/24 01 /09/24 01 /10/24 01 /10/24 )1/10/24 01 /10/24 01 /10/24 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: [-]YES ®No RUSH: [—]YES ®No SAME DAY: DYES ❑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 the General Conditions & Specs ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts@a fortworthtezas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! FORTWORTH, Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2023 SIDEWALK CONSTRUCTION UNIT PRICE CONTRACT M&C: CPN: 104414 CSO: DOC#: Date: 12/01 /23 1 To: Name Department Initials Date Out t . Rob/Alderink Enterprises, dba CI Pavement Vendor -Signer " RA 12/12/23 2 Proj. Mgr.: Marisa Conlin TPW-Signer Mc12/13/23 3. Michelle Hadley -McGhee TPW-Review ,,� 01 /03/24 4. 5. 6. 7 8 9 10. CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: []YES ®No SAME DAY: []YES ❑No NEXT DAY: DYES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(a)fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! aBond Verification From: Brett Atwell To: Hadlev-McGhee. Michelle Cc: TPW Contracts; Lesa Fernandez; Scott Alford: Rob Alderink Subject: RE: YOUR HELP IS REQUIRED - Bonds Verification Still Pending!! CPN # 104414 (2023 Sidewalk Construction, Unit Price Contract) Date: Tuesday, January 2, 2024 11:34:08 AM Attachments: imaae001.Dna imaae002.Dna imaae890621.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. Hi Michele, I am confirming the surety bonds, #101155760 (Payment, Performance, Maintenance), for Alderink Enterprises Inc. dba Cl Pavement to the City of Fort Worth (2023 Sidewalk Unit Price Construction Contract, CPN# 104414) were issued 12/12/23 by our office and are valid. Signed by Attorney in Fact Lesa Fernandez and witnessed by myself, Brett Atwell; bond amount $1,500,000. Let me know if you need any additional information. Thanks Brett Atwell I Commercial Lines Senior Account Manager P 469.443.1952 1 1 F 972.419.5326 INSURICA 2400 N Glenville Dr., Suite B125 Richardson, TX 75082 2022 Hszt AFN. 4.W a [k to INSURICA is The Best Agency to Work For in America. Read more here. From: Hadley -McGhee, Michelle <Michelle.Hadley-McGhee@fortworthtexas.gov> Sent: Tuesday, January 2, 2024 10:55 AM To: Brett Atwell <Brett.Atwell@INSURICA.com> Cc: TPW Contracts <TPWContracts@fortworthtexas.gov> Subject: RE: YOUR HELP IS REQUIRED - Bonds Verification Still Pending!! CPN # 104414 (2023 Sidewalk Construction, Unit Price Contract) 01/02/2024 Good morning Brett. What is needed is the expressed confirmation (via email), for verification as to whether or not the surety bonds referenced below are indeed valid, or not. gpprQeiativc & Looking forward, lsliehQllQ VHMeCnhQQ Contract Compliance Specialist T P W City of Fort Worth 200 Texas St. * Ft Worth, TX 76102 817-392-7233 Michelle. Had lev-McGhee@fortworthtexas.aov From: Brett Atwell <Brett.Atwell(@INSURICA.com> Sent: Tuesday, January 2, 2024 10:49 AM To: Hadley -McGhee, Michelle <Michelle. Had lev-McGheena fortworthtexas.eov> Subject: FW: YOUR HELP IS REQUIRED - Bonds Verification Still Pending!! CPN # 104414 (2023 Sidewalk Construction, Unit Price Contract) 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. Hi Michelle, Are needing you needing additional information from me regarding this bond that was issued for my customer, CI Pavement? Thanks Brett Atwell I Commercial Lines Senior Account Manager P 469.443.1952 1 1 F 972.419.5326 INSURICA 2400 N Glenville Dr., Suite B125 Richardson, TX 75082 2IAZ2 RA x�cy fs wort E or INSURICA is The Best Agency to Work For in America. Read more here. This communication, including attachments, is for the exclusive use of addressee and may contain proprietary, confidential and/or privileged information. If you are not the intended recipient, any use, copying, disclosure, dissemination or distribution is strictly prohibited. If you are not the intended recipient, please notify the sender immediately by return e-mail, delete this communication and destroy all copies. From: Scott Alford <scott(@Cioavement.com> Sent: Wednesday, December 27, 2023 8:54 AM To: Hadley -McGhee, Michelle <Michelle. Had lev-McGhee(@fortworthtexas.eov> Cc: Brett Atwell <Brett.Atwell(@INSURICA.com>; Conlin, Marisa <Marisa.Conlin(@fortworthtexas.eov>; Lesa Fernandez <Lesa.Fernandez(@INSURICA.com>; Rob Alderink <rob(@cinavement.com>; TPW Contracts<TPWContracts(@fortworthtexas.eov> Subject: Re: YOUR HELP IS REQUIRED - Bonds Verification Still Pending!! CPN # 104414 (2023 Sidewalk Construction, Unit Price Contract) Good morning Michelle. Sorry you're having trouble. I would guess that the number listed may be for the large nationwide "parent" bonding agent. The have copied two people on this email that are both part of our local insurance/surety agency team. Their phone numbers are below. I hope you had a great Christmas, and have a happy new year! Insurica 2400 N Glenville Dr Ste B125 Richardson, TX 75082 Brett Atwell - Commercial Lines Senior Account Mgr - 469 443-1952 Lesa Fernandez - Senior Account Mgr - 469 443-3480 Brett and Lesa, Please see below. City of Fort Worth needs to verify the bonds. Please contact Michelle at your earliest convenience. Thank you all, and Happy New Year! Sent from my mobile device Thanks, Scott Alford Account Manager Cl Pavement 101 Josephine Ln Grand Prairie, TX 75050 Office: 972-721-9796 Cell: 214-869-1530 scott(@cioavement.com www.CiDavement.com On Wed, Dec 27, 2023 at 8:41 AM Hadley -McGhee, Michelle <Michelle.Hadley- MCGhee(@fortworthtexas.eov> wrote: 12/27/2023 Good morning Scott and Rob. Your help is needed. Attempts to reach someone for the surety bonds on CPN #104414, (2023 Sidewalk Construction, Unit Price Contract) to be verified, have not been successful. The contact phone number provided on the bond form does not lead to a person we are able to reach. This delays the contract being executed by the City of Fort Worth. Please reach out to your surety company today, to have them provide an email address, with contact name & phone number for verifying the bonds for the project. Again, please reach out to your surety company — Today, for the above -requested information. ,fooklayqfotwazd c5� 00 �gvzeciative, OlVeAe!!e OiadleyVTcJ?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(d)fortworthtexas.aov City of Fort Worth — Working together to build a strong community. FORT WORTHA