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Contract 61319
FORT WORTH,:. CONTRACT FOR THE CONSTRUCTION OF CSC No. 61319 CITYWIDE MISCELLANEOUS PAVEMENT REPAIR UNIT PRICE CONTRACT Mattie Parker David Cooke Mayor City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2023 fS�P��OFTFxgiS'�1 MARWAN HAFEZ ‘11j4 � i 147315 ���,� Jam' OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH® City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Page 1 of 8 Last Revised 00 05 10 Mayor and Council Communication 07/01/2011 00 05 15 Addenda 07/01/2011 00 11 13 Invitation to Bidders 07/19/2021 00 21 13 Instructions to Bidders 11/02/2021 00 35 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 00 43 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 00 45 11 Bidders Prequalifications 08/13/2011 00 45 12 Prequalification Statement 09/30/2021 00 45 13 Prequalification Application 08/13/2021 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 12/08/2023 00 61 13 Performance Bond 12/08/2023 00 61 14 Payment Bond 12/08/2023 00 61 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 10/06/2023 Division 01 - General Requirements Last Revised 01 11 00 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 10/06/2023 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 55 26 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project 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 Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 - Existing Conditions 0211 13 Selective Site Demolition Date Modified 02 1111 0241 15 Utility Removal/Abandonment Paving Removal Division 03 - Concrete 03 30 00 Cast In Place Concrete 03 34 13 03 34 16 03 80 00 Controlled Low Strength Material (CLSM) Concrete Base Material for Trench Repair Modifications to Existing Concrete Structures Division 26 - Electrical 26 05 00 Common Work Results for Electrical 26 05 10 26 05 33 26 05 13 Demolition for Electrical Systems Raceways and Boxes for Electrical Systems Underground Ducts and Raceways for Electrical Systems Division 31 - Earthwork 311000 31 23 16 Site Clearing Unclassified Excavation 31 23 23 BOITOW 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 36 00 Gabions 31 37 00 Riprap Division 32 - Exterior Improvements 32 01 17 32 01 18 32 01 29 32 11 23 Permanent Asphalt Paving Repair Temporary Asphalt Paving Repair Concrete Paving Repair Flexible Base Courses 12/20/2012 12/20/2012 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 11 37 Liquid Trcatcd Soil Stabilizer 32 12 16 32 12 73 32 13 13 32 13 20 32 13 73 32 14 16 32 16 13 32 17 23 32 17 25 32 31 13 Asphalt Paving Asphalt Paving Crack Sealants Concrete Paving Concrete Sidewalks, Driveways and Barrier Free Ramps Concrete Paving Joint Sealants Brick Unit Paving Concrete Curb and Gutters and Valley Gutters Pavement Markings Curb Address Painting Chain Fences and Gates 06/10/2022 12/20/2012 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 32 32 13 32 91 19 32 92 13 Cast in Place Concrete Retaining Walls Topsoil Placement and Finishing of Parkways 03/11/2022 32 92 11 32 92 15 32 93 13 Non Native Seeding Native Grass and Wildflower Seeding Trees and Shrubs Division 33 - Utilities 33 01 30 33 01 31 33 03 10 33 01 10 33 01 11 Sewer and Manhole Testing Closed Circuit Television (CCTV) Inspection Bypass Pumping of Existing Sewer Systems Joint Bonding and Electrical Isolation Corrosion Control Test Stations 33 04 12 33 04 30 33 04 40 33 01 50 33 05 10 33 05 12 33 05 13 33 05 13.01 33 05 14 Magnesium Anode Cathodic Protection System Temporary Water Services Cleaning and Acceptance Testing of Water Mains Cleaning of Sewer Mains Utility Trench Excavation, Embedment, and Backfill Water Line Lowering Frame, Cover and Grade Rings Cast Iron Frame, Cover and Grade Rings Composite Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 03/11/2022 33 05 16 Concrete Water Vaults 33 05 17 Concrete Collars 33 05 20 33 05 21 Auger Boring Tunnel Lincr Plate 33 05 22 33 05 23 33 05 24 33 05 26 33 05 30 33 11 05 Steel Casing Pipe Hand Tunneling Installation of Carrier Pipc in Casing or Tunnel Liner Plate Utility Markers/Locators Location of Existing Utilities Bolts, Nuts, and Gaskets 33 11 10 33 11 11 33 11 12 33 11 13 33 11 11 33 12 10 Ductile Iron Pipc Ductile Iron Fittings Polyvinyl Chloride (PVC) Pressure Pipc Concrete Pressure Pipc, Bar Wrapped, Steel Cylinder Type Buried Steel Pipe and Fittings Water Services 1 inch to 2 inch 33 12 11 33 12 20 Large Water Meters Resilient Seated Gatc Valve 33 12 21 33 12 25 33 12 30 33 12 10 33 12 50 33 12 60 33 31 12 33 31 13 33 31 15 AWWA Rubber Seated Butterfly Valves Connection to Existing Water Mains Combination Air Valve Assemblies for Potable Water Systems Fire Hydrants Water Sample Stations Standard Blow off Valve Assembly Cured in Place Pipe (CIPP) Fiberglass Reinforced Pipe for Gravity Sanitary Sewers High Density Polyethylene (HDPE) Pipc for Sanitary Scwcr CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 33 31 20 33 31 21 Polyvinyl Chloride (PVC) Gravity Sanitary Sewer Pipe. Polyvinyl Chloride (PVC) Closed Profile Gravity Sanitary Sewer Pipe 33 31 22 33 31 23 33 31 50 33 31 70 33 39 10 Sanitary Sewer Slip Lining Sanitary Sewer Pipe Enlargement Sanitary Sewer Scrvicc Connections and Scrvicc Line Combination Air Valve for Sanitary Sewer Force Mains Cast in Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 33 39 40 33 39 60 33 11 10 33 41 11 33 41 12 33 41 13 33 16 00 33 46 01 Fiberglass Manholes Wastewater Access Chamber (WAC) Epoxy Liners for Sanitary Sewer Structures Reinforced Concrete Storm Sewer Pipe/Culverts High Density Polyethylene (HDPE) Pipe for Storm Drain Reinforced Polyethylene (SRPE) Pipe Polypropylene Pipe for Storm Drain Subdrainagc Slotted Storm Drains 33 46 02 Trench Drains 33 49 10 Cast in Place Manholes and Junction Boxes 33 49 20 33 19 10 Curb and Drop Inlets Storm Drainage Hcdwalls and Wingwalls Division 34 - Transportation 34 41 10 31 11 10.01 Traffic Signals Attachment A Controller Cabinet 34 41 10.02 Attachment B Controller Specification 31 11 10.03 Attachment C Software Specification 31 11 11 31 11 13 31 11 15 34 41 16 34 41 20 34 41 20.01 34 41 20.02 31 11 20.03 34 41 30 34 71 13 Temporary Traffic Signals Removing Traffic Signals Rectangular Rapid Flashing Beacon Pedestrian Hybrid Signal Roadway Illumination Assemblies Arterial LED Roadway Luminaires Freeway LED Roadway Luminaires Residential LED Roadway Luminaires Aluminum Signs Traffic Control 03/22/2021 Special Specification 99 99 00 Saw Cutting Concrete Paving Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: http://fortworthtexas.gov/tpw/contractors/ or httros://apps.fortworthtexas.gov/ProiectResources/ CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 Division 02 - Existing Conditions 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 8 Last Revised 02 41 13 Selective Site Demolition 03/11/2022 02 11 11 Utility Removal/Abandonment 12/20/2012 02 41 15 Paving Removal 02/02/2016 Division-03 C—enerete 03 30 00 Cast In Place Concrete 03/11/2022 03 34 13 03 34 16 03 80 00 Controlled Low Strcngth Material (CLSM) Concrete Base Material for Trcnch Repair Modifications to Existing Concrete Structures Division 26 EJleetrrienl 12/20/2012 12/20/2012 12/20/2012 26 05 00 Common Work Results for Electrical 03/11/2022 26 05 10 26 05 33 26 05 43 26 05 50 Demolition for Electrical Systems Raceways and Boxes for Electrical Systems Underground Ducts and Raceways for Electrical Systcms Communications Multi Duct Conduit 12/20/2012 12/20/2012 07/01/2011 02/26/2016 Division 31 - Earthwork 31 00 00 Site Clearing 03/22/2021 31 23 16 Unclassified Excavation 01/28/2013 31 23 23 BefroW 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 04/29/2021 31 36 00 Gabiens 12/20/2012 31 37 00 R-ipfap 12/20/2012 Division 32 - Exterior Improvements 32 01 17 Permanent Asphalt Paving Repair 12/20/2012 32 01 1 g Temporary Asphalt Paving Repair 12/20/2012 32 01 29 Concrete Paving Repair 12/20/2012 32 11 23 Flexible Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 32 11 33 Ccmcnt Treated Base Courses 06/10/2022 32 11 37 Liquid Treated Soil Stabilizer 08/21/2015 32 12 16 Asphalt Paving 12/20/2012 32 12 73 Asphalt Paving Crack Sealants 12/20/2012 32 13 13 Concrete Paving 06/10/2022 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/09/2022 32 13 73 Concrete Paving Joint Sealants 12/20/2012 32 11 16 Brick Unit Paving 12/20/2012 32 16 13 Concrete Curb and Gutters and Valley Gutters 12/09/2022 32 17 23 Pavement Markings 06/10/2022 32 17 25 Curb Address Painting 11/04/2013 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences Gates 12/20/2012 and 32 32 13 Cast -in -Place Concrete Retaining Walls 06/05/2018 32 91 19 Topsoil Placement Finishing Roadway Right 03/11/2022 and of of ways 32 92 13 Sodding 05/13/2021 CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 8 32 92 14 32 92 15 32 93 43 Non Native Seeding Native Grass and Wildflower Seeding Trees and Shrubs 05/13/2021 10/06/2023 12/20/2012 Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 09/07/2018 33 01 31 Closed Circuit Television (CCTV) Inspection — Sanitary Sewer 03/11/2022 33 01 32 Closed Circuit Television (CCTV) Inspection — Storm Drain 12/08/2023 33 03 10 Bypass Pumping of Existing Sewer Systems 12/20/2012 33 04 10 Joint Bonding and Electrical Isolation 12/20/2012 33 04 11 Corrosion Control Test Stations 12/20/2012 33 04 12 Magnesium Anode Cathodic Protection System 12/20/2012 33 04 30 Temporary Water Services 07/01/2011 33 04 40 Cleaning and Acceptance Testing of Water Mains 02/06/2013 33 04 50 Cleaning of Pipes 03/11/2022 33 05 10 Utility Trench Excavation, Embedment, and Backfill 04/02/2021 33 05 12 Water Line Lowering 12/20/2012 33 05 13 Frame, Cover and Grade Rings 09/09/2022 33 05 11 Adjusting Manholes, Inlets, Valve Boxes, Other Structures to 03/11/2022 and Grade 33 05 16 Concrete Water Vaults 12/20/2012 33 05 17 Concrete Collars 03/11/2022 33 05 20 Auger Boring 12/20/2012 33 05 21 Tunnel Liner Plato 12/20/2012 33 05 22 Steel Casing Pipe 12/20/2012 33 05 23 Hand Tunneling 12/20/2012 33 05 21 Installation Carrier Pipc in Casing Tunnel Lincr Plato 12/09/2022 of or 33 05 26 Utility Markers/Locators 12/20/2012 33 05 30 Location Existing Utilities 12/20/2012 of 33 11 05 Bolts, Nuts, Gaskets 12/20/2012 and 33 11 10 Ductile Iron Pipc 12/09/2022 33 11 11 Ductile Iron Fittings 09/20/2017 33 11 12 Polyvinyl Chloride Pressure Pipe 09/09/2022 (PVC) 33 11 13 Concrete Pressure Pipe, Bar Wrapped, Steel Cylinder Type 12/20/2012 33 11 1 4 Buried Steel Pipe Fittings 12/20/2012 and 33 12 10 Water Services 1 inch to 2 inch 02/11/2017 33 12 11 Large Water Meters 12/20/2012 33 12 20 Resilient S Gate Valve 05/06/2015 atcd 33 12 21 AWWA Rubber Seated Butterfly Valves 04/23/2019 33 12 25 Connection to Existing Water Mains 02/06/2013 33 12 30 Combination Air Valve Assemblies for Potable Water Systems 12/20/2012 33 12 40 Fire Hydrants 01/03/2011 33 12 50 Water Sample Stations 12/20/2012 33 12 60 Standard Blow Valve Assembly 06/19/2013 off 33 31 12 Cured in Place Pipc 12/20/2012 (CIPP) 33 31 13 Fiberglass Reinforced Pipe for Gravity Sanitary Sewers 12/20/2012 33 31 15 High Density Polyethylene Pipe for Sanitary Sewer 01/23/2019 (HDPE) 33 31 20 Polyvinyl Chloride Gravity Sanitary Sewer Pipe 09/09/2022 (PVC) 33 31 21 Polyvinyl Chloride Closed Profile Gravity Sanitary Sewer 12/20/2012 (PVC) Pipe CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of 8 33 31 22 33 31 23 33 31 50 33 31 70 33 39 10 Sanitary Sewer Slip Lining Sanitary Sewer Pipe Enlargement Sanitary Sewer Scrvicc Conncctions and Scrvicc Line Combination Air Valve for Sanitary Sewer Force Mains Cast in Place Concrete Manholes 12/20/2012 12/20/2012 04/26/2013 12/20/2012 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 33 39 30 33 39 40 33 39 60 33 41 10 Fiberglass Manhole) Wastewater Acccss Chamber (WAC) Liners for Sanitary Sewer Structures Reinforced Concrete Storm Sewer Pipe/Culverts 12/20/2012 12/20/2012 01/29/2021 07/01/2011 33 41 11 33 41 12 33 11 13 33 46 00 33 46 01 High Density Polyethylene (HDPE) Pipe for Storm Drain Reinforced Polyethylene (SRPE) Pipe Polypropylene Pipe for Storm Drain Subdrainagc Slotted Storm Drains. 12/20/2012 11/13/2015 06/10/2022 12/20/2012 07/01/2011 33 46 02 Trench Drains 07/01/2011 33 49 10 Cast in Place Manholes and Junction Boxes 12/20/2012 33 49 20 33 49 40 Curb and Drop Inlets Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 31 11 10 34 41 10.01 Traffic Signals Attachment A Controller Cabinet 03/11/2022 07/01/2011 03/11/2022 12/18/2015 34 41 10.02 34 41 10.03 34 41 11 311113 34 41 20 31 11 20.01 31 11 20.02 31 11 20.03 34 41 30 34 41 50 34 71 13 Attachment B Controller Specification Attachment C Software Specification Temporary Traffic Signals Removing Traffic Signals Roadway Illumination Assemblies Arterial LED Roadway Luminaires Freeway LED Roadway Luminaires Residential LED Roadway Luminaires Aluminum Signs Single Mode Fibcr Optic Cable Traffic Control 02/2012 01/2012 11/22/2013 03/11/2022 12/20/2012 06/15/2015 06/15/2015 06/15/2015 11/12/2013 02/26/2016 03/22/2021 Appendix GC 4.01 Availability of Lands GC 4.02 Subsurface and Physical Conditions GC 4.04 Underground Facilities GC 1.06 Hazardous Environmental Condition at Site. GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC 6.09 Permits and Utilities. GC 6.24 Nondiscrimination GN-1.0 General Notes GR 01 60 00 Product Requirements SD-1.00 Standard Construction Details PQ 1.00 Project Map and Quantity END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 Citywide Miscellaneous Pavement Repair Unit Price Contract City of Fort Worth, Texas Mayor and Council Communication DATE: 03/26/24 M&C FILE NUMBER: M&C 24-0242 LOG NAME: 20CITYWIDE MISCELLANEOUS PAVEMENT REPAIR UNIT PRICE CONTRACT SUBJECT (ALL) Authorize Execution of a Unit Price Contract with The Fain Group, LLC, in an Amount Not to Exceed $2,740,000.00 for Task Order Construction Services Related to Miscellaneous Pavement Repair Projects at Various Locations with Two Annual Renewals for the Same Amount RECOMMENDATION: It is recommended that the City Council authorize execution of a unit price contract with The Fain Group, LLC in an amount not to exceed $2,740,000.00 for task order construction services related to miscellaneous pavement repair projects at various locations, with up to two consecutive renewals for the same amount. DISCUSSION: This contract will provide construction services on an as -needed (task order) basis for miscellaneous pavement rehabilitation projects throughout the City. The miscellaneous rehabilitation projects include repairs and installations of concrete pavement, curb and gutter, medians, concrete sidewalks, curb ramps, driveways, asphalt pavement resurfacing, and other localized pavement maintenance activities. The contract amount is capped at $2,740,000.00. The contract may be renewed up to two (2) consecutive renewals for the same amount. The project was bid in a low bid format to determine unit prices to be paid when task orders are issued under the citywide miscellaneous pavement repair unit price projects. This project was advertised for bid on December 14, 2023 and December 21, 2023 in the Fort Worth Star -Telegram. On January 18, 2024, the following bid was received: Bidder Amount The Fain Group, LLC $8,086,434.84 This task order contract will serve current and future capital projects as -needed, and a funds availability verification will be performed by the Transportation & Public Works Contract Compliance Managers prior to task order assignment. M/WBE OFFICE — The Fain Group, LLC is in compliance with the City's Business Equity Ordinance by committing to 10% MWBE participation and documenting a good faith effort. The Fain Group, LLC identified several subcontracting and supplier opportunities. However, the firms contacted in the areas identified did not respond or did not submit the lowest bids. The City's MWBE goal on this project is 14%. This unit price contract is for ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the various capital improvement program funds to support the approval of the recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Jesica McEachern 5804 Originating Business Unit Head: Additional Information Contact: Lauren Prieur 6035 Monty Hall 8662 00 11 13 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Citywide Miscellaneous Pavement Repair Unit Price Contract 5 ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, 6 Thursday, January 18, 2024 as further described below: 7 8 City of Fort Worth 9 Purchasing Division 10 200 Texas Street 11 Fort Worth, Texas 76102 12 13 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; 14 15 Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. 16 17 GENERAL DESCRIPTION OF WORK 18 The major work will consist of miscellaneous task orders of pavement repairs, including concrete 19 roadway improvements, repair and installation of curb and gutter, medians, concrete sidewalks, 20 curb ramps, driveways, concrete pavement saw cutting, 2" concrete pavement surface milling, 2" 21 asphalt pavement surface milling, asphalt base repair, and 2" Type D asphalt pavement surface 22 course. 23 24 PREQUALIFICATION 25 Certain improvements included in this project must be performed by a contractor or designated 26 subcontractor who is pre -qualified by the City at the time of bid opening. The procedures for 27 qualification and pre -qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS 28 TO BIDDERS. 29 30 DOCUMENT EXAMINATION AND PROCUREMENTS 31 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 32 of Fort Worth's Purchasing Division website at http://www.fortworthtexas.gov/purchasing/ and 33 clicking on the link to the advertised project folders on the City's electronic document 34 management and collaboration system site. The Contract Documents may be downloaded, 35 viewed, and printed by interested contractors and/or suppliers. 36 37 Copies of the Bidding and Contract Documents may be purchased from Marwan Hafez, 38 Marwan.Hafez@fortworthtexas.gov. City of Fort Worth, TPW, 5001 James Avenue, Fort Worth, 39 TX 76115. 40 41 The cost of Bidding and Contract Documents is: $30.00 42 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised 7/19/2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 11 13 INVITATION TO BIDDERS Page 2 of 2 43 EXPRESSION OF INTEREST 44 To ensure potential bidders are kept up to date of any new information pertinent to this project, all 45 interested parties are requested to email Expressions of Interest in this procurement to the City 46 Project Manager and the Design Engineer. The email should include the company's name, 47 contact person and that individual's email address and phone number. All Addenda will be 48 distributed directly to those who have expressed an interest in the procurement and will also be 49 posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ 50 51 PREBID CONFERENCE — Web Conference 52 A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO 53 BIDDERS at the following date, and time via a web conferencing application: 54 DATE: Wednesday, January 3, 2024 55 TIME: 10:00 A.M. 56 Invitations with links to the web conferencing application will be distributed directly to those 57 who have submitted an Expression of Interest. 58 59 If a prebid conference is held, the presentation and any questions and answers provided at the 60 prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not 61 being held, prospective bidders can e-mail questions or comments in accordance with Section 6 62 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses 63 listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will 64 be issued pursuant to the Instructions to Bidders. 65 66 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 67 City reserves the right to waive irregularities and to accept or reject any or all bids. 68 69 AWARD 70 City will award a contract to the Bidder presenting the lowest price, qualifications and 71 competencies considered. 72 73 FUNDING 74 Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from 75 revenues generated from bonds, grands, etc. and reserved by the City for the Project. 76 77 INQUIRIES 78 All inquiries relative to this procurement should be addressed to the following: 79 80 Attn: Marwan Hafez, City of Fort Worth 81 Email: Marwan.Hafez@fortworthtexas.gov 82 83 ADVERTISEMENT DATES 84 December 14, 2023 85 December 21, 2023 86 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised 7/19/2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 21 13 INSTRUCTIONS TO BIDDERS Page 1 of 10 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 6 00 72 00 - GENERAL CONDITIONS. 7 8 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2. City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1. Bidders or their designated subcontractors are required to be prequalified for the work 35 types requiring prequalification as per Sections 00 45 11 BIDDERS 36 PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms 37 seeking pre -qualification, must submit the documentation identified in Section 00 45 11 38 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) 39 calendar days prior to Bid opening for review and, if qualified, acceptance. The 40 subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate 41 work types. Subcontractors must follow the same timelines as Bidders for obtaining 42 prequalification review. Bidders or Subcontractors who are not prequalified at the time 43 bids are opened and reviewed may cause the bid to be rejected. 44 45 Prequalification requirement work types and documentation are available by accessing all 46 required files through the City's website at: 47 https://apps.fortworthtexas.gov/ProjectResources/ 48 49 3.1.1. Paving — Requirements document located at: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 21 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 50 51 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20- 52 %20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving 53%20Contractor%20Prequalification%20Program/PREQUALIFICATION%2OREQ 54 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.pdf 55 56 57 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: 58 59 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20- 60 %20Construction%20Documents/Contractor%20Prequalification/TPW%20Roadwa 61 v%20and%20Pedestrian%20Lighting%20Prequalification%20Program/STREET% 62 20LIGHT%20PREQUAL%2OREQMNTS.pdf 63 64 3.1.3. Water and Sanitary Sewer — Requirements document located at: 65 66 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/02%20- 67 %20Construction%20Documents/Contractor%20Prequalification/Water%20and%2 68 OSanitary%20Sewer%20Contractor%20Prequalification%20Program/WSS%20pre 69 qual%20requirements.pdf 70 71 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) 72 calendar days prior to Bid opening, the documentation identified in Section 00 45 11, 73 BIDDERS PREQUALIFICATIONS. 74 75 3.2.1. Submission of and/or questions related to prequalification should be addressed to 76 the City contact as provided in Paragraph 6.1. 77 78 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low 79 bidder for a project to submit such additional information as the City, in its sole 80 discretion may require, including but not limited to manpower and equipment records, 81 information about key personnel to be assigned to the project, and construction schedule 82 to assist the City in evaluating and assessing the ability of the apparent low bidder to 83 deliver a quality product and successfully complete projects for the amount bid within 84 the stipulated time frame. Based upon the City's assessment of the submitted 85 information, a recommendation regarding the award of a contract will be made to the 86 City Council. Failure to submit the additional information, if requested, may be grounds 87 for rejecting the apparent low bidder as non -responsive. Affected contractors will be 88 notified in writing of a recommendation to the City Council. 89 90 3.4. In addition to prequalification, additional requirements for qualification may be required 91 within various sections of the Contract Documents. 92 93 3.5. OMITTED 94 95 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 96 97 4.1. Before submitting a Bid, each Bidder: 98 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 21 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 99 4.1.1. Shall examine and carefully study the Contract Documents and other related data 100 identified in the Bidding Documents (including "technical data" referred to in 101 Paragraph 4.2. below). No information given by City or any representative of the 102 City other than that contained in the Contract Documents and officially 103 promulgated addenda thereto, shall be binding upon the City. 104 105 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, 106 local and site conditions that may affect cost, progress, performance or furnishing 107 of the Work. 108 109 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, 110 progress, performance or furnishing of the Work. 111 112 4.1.4. OMITTED 113 114 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or 115 contiguous to the Site and all drawings of physical conditions relating to existing 116 surface or subsurface structures at the Site (except Underground Facilities) that 117 have been identified in the Contract Documents as containing reliable "technical 118 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 119 at the Site that have been identified in the Contract Documents as containing 120 reliable "technical data." 121 122 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of 123 the information which the City will furnish. All additional information and data 124 which the City will supply after promulgation of the formal Contract Documents 125 shall be issued in the form of written addenda and shall become part of the Contract 126 Documents just as though such addenda were actually written into the original 127 Contract Documents. No information given by the City other than that contained in 128 the Contract Documents and officially promulgated addenda thereto, shall be 129 binding upon the City. 130 131 4.1.7. Should perform independent research, investigations, tests, borings, and such other 132 means as may be necessary to gain a complete knowledge of the conditions which 133 will be encountered during the construction of the project. For projects with 134 restricted access, upon request, City may provide each Bidder access to the site to 135 conduct such examinations, investigations, explorations, tests and studies as each 136 Bidder deems necessary for submission of a Bid. Bidder must fill all holes and 137 clean up and restore the site to its former conditions upon completion of such 138 explorations, investigations, tests and studies. 139 140 4.1.8. Shall determine the difficulties of the Work and all attending circumstances 141 affecting the cost of doing the Work, time required for its completion, and obtain all 142 information required to make a proposal. Bidders shall rely exclusively and solely 143 upon their own estimates, investigation, research, tests, explorations, and other data 144 which are necessary for full and complete information upon which the proposal is 145 to be based. It is understood that the submission of a proposal or bid is prima -facie 146 evidence that the Bidder has made the investigations, examinations and tests herein 147 required. 148 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 21 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 149 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 150 between the Contract Documents and such other related documents. The Contractor 151 shall not take advantage of any gross error or omission in the Contract Documents, 152 and the City shall be permitted to make such corrections or interpretations as may 153 be deemed necessary for fulfillment of the intent of the Contract Documents. 154 155 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 156 157 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 158 the site which have been utilized by City in preparation of the Contract Documents. 159 The logs of Soil Borings, if any, on the plans are for general information only. 160 Neither the City nor the Engineer guarantee that the data shown is representative of 161 conditions which actually exist. 162 163 4.2.2. those drawings of physical conditions in or relating to existing surface and 164 subsurface structures (except Underground Facilities) which are at or contiguous to 165 the site that have been utilized by City in preparation of the Contract Documents. 166 167 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 168 on request. Those reports and drawings may not be part of the Contract 169 Documents, but the "technical data" contained therein upon which Bidder is entitled 170 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 171 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 172 responsible for any interpretation or conclusion drawn from any "technical data" or 173 any other data, interpretations, opinions or information. 174 175 4.2.4. Standard insurance requirements, coverages and limits. 176 177 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) 178 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without 179 exception the Bid is premised upon performing and furnishing the Work required by the 180 Contract Documents and applying the specific means, methods, techniques, sequences or 181 procedures of construction (if any) that may be shown or indicated or expressly required 182 by the Contract Documents, (iii) that Bidder has given City written notice of all 183 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 184 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 185 etc., have not been resolved through the interpretations by City as described in 186 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 187 and convey understanding of all terms and conditions for performing and furnishing the 188 Work. 189 190 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 191 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 192 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 193 Documents. 194 195 5. Availability of Lands for Work, Etc. 196 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 197 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 198 access thereto and other lands designated for use by Contractor in performing the Work 199 are identified in the Contract Documents. All additional lands and access thereto 200 required for temporary construction facilities, construction equipment or storage of 201 materials and equipment to be incorporated in the Work are to be obtained and paid for 202 by Contractor. Easements for permanent structures or permanent changes in existing 203 facilities are to be obtained and paid for by City unless otherwise provided in the 204 Contract Documents. 205 206 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 207 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 208 of -way, easements, and/or permits are not obtained, the City reserves the right to cancel 209 the award of contract at any time before the Bidder begins any construction work on the 210 project. 211 212 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 213 way, easements, and/or permits, and shall submit a schedule to the City of how 214 construction will proceed in the other areas of the project that do not require permits 215 and/or easements. 216 217 6. Interpretations and Addenda 218 219 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 220 City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 221 received after this day may not be responded to. Interpretations or clarifications 222 considered necessary by City in response to such questions will be issued by Addenda 223 delivered to all parties recorded by City as having received the Bidding Documents. 224 Only questions answered by formal written Addenda will be binding. Oral and other 225 interpretations or clarifications will be without legal effect. 226 227 Address questions to: 228 229 City of Fort Worth 230 200 Texas Street 231 Fort Worth, TX 76102 232 Attn: Marwan Hafez, Transportation and Public Works 233 Email: Marwan.Hafez@fortworthtexas.gov 234 Phone: 817-392-7968 235 236 237 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 238 City. 239 240 6.3. Addenda or clarifications may be posted via the City's electronic document management 241 and collaboration system at https://docs.b360.autodesk.com/shares/46157c48-7666- 242 45c0-950c-4d34a493e9d6 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 21 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 243 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 244 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 245 Project. Bidders are encouraged to attend and participate in the conference. City will 246 transmit to all prospective Bidders of record such Addenda as City considers necessary 247 in response to questions arising at the conference. Oral statements may not be relied 248 upon and will not be binding or legally effective. 249 250 7. Bid Security 251 252 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five 253 (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued 254 by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 255 256 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of 257 Award have been satisfied. If the Successful Bidder fails to execute and return the 258 Contract Documents within 14 days after the Notice of Award conveying same, City 259 may consider Bidder to be in default, rescind the Notice of Award and act on the Bid 260 Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to 261 have defaulted. 262 263 8. Contract Times 264 The number of days within which, or the dates by which, Milestones are to be achieved in 265 accordance with the General Requirements and the Work is to be completed and ready for 266 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 267 attached Bid Form. 268 269 9. Liquidated Damages 270 Provisions for liquidated damages are set forth in the Agreement. 271 272 10. Substitute and "Or -Equal" Items 273 The Contract, if awarded, will be on the basis of materials and equipment described in the 274 Bidding Documents without consideration of possible substitute or "or -equal" items. 275 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 276 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 277 City, application for such acceptance will not be considered by City until after the Effective 278 Date of the Agreement. The procedure for submission of any such application by Contractor 279 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 280 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 281 282 11. Subcontractors, Suppliers and Others 283 284 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City 285 has goals for the participation of minority business and/or women business 286 enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the 287 M/WBE Project Goals and additional requirements. Failure to comply shall render 288 the Bidder as non -responsive. 289 290 Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance 291 No. 24534-11-2020), codified at: 292 https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593 293 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 21 13 INSTRUCTIONS TO BIDDERS Page 7of10 294 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 295 or organization against whom Contractor or City has reasonable objection. 296 297 12. Bid Form 298 299 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 300 obtained from the City. 301 302 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. 303 Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A 304 Bid price shall be indicated for each Bid item, alternative, and unit price item listed 305 therein. In the case of optional alternatives, the words "No Bid," "No Change," or 306 "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder 307 proposes to do the work contemplated or furnish materials required. All entries shall 308 be legible. 309 310 12.3. Bids by corporations shall be executed in the corporate name by the president or a 311 vice-president or other corporate officer accompanied by evidence of authority to 312 sign. The corporate seal shall be affixed. The corporate address and state of 313 incorporation shall be shown below the signature. 314 315 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 316 partner, whose title must appear under the signature accompanied by evidence of 317 authority to sign. The official address of the partnership shall be shown below the 318 signature. 319 320 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 321 member and accompanied by evidence of authority to sign. The state of formation of 322 the firm and the official address of the firm shall be shown. 323 324 12.6. Bids by individuals shall show the Bidder's name and official address. 325 326 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated 327 on the Bid Form. The official address of the joint venture shall be shown. 328 329 12.8. All names shall be typed or printed in ink below the signature. 330 331 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 332 which shall be filled in on the Bid Form. 333 334 12.10. Postal and e-mail addresses and telephone number for communications regarding the 335 Bid shall be shown. 336 337 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 338 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance 339 to State Law Non Resident Bidder. 340 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 21 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 341 13. Submission of Bids 342 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 343 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 344 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 345 envelope, marked with the City Project Number, Project title, the name and address of 346 Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent 347 through the mail or other delivery system, the sealed envelope shall be enclosed in a separate 348 envelope with the notation "BID ENCLOSED" on the face of it. 349 350 14. Withdrawal of Bids 351 352 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may 353 be withdrawn prior to the time set for bid opening. A request for withdrawal must be 354 made in writing and delivered to the Purchasing Office to receive a time stamp prior 355 to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if 356 the request is within one hour of bid opening, will not be read aloud and will 357 thereafter be returned unopened. 358 359 14.2. In the event any Bid for which a withdrawal request has been timely filed has been 360 inadvertently opened, said Bid and any record thereof will subsequently be marked 361 "Withdrawn" and will be given no further consideration for the award of contract. 362 363 15. Opening of Bids 364 Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and 365 major alternates (if any) will be made available to Bidders after the opening of Bids. 366 367 16. Bids to Remain Subject to Acceptance 368 All Bids will remain subject to acceptance for a minimum of 90 days or the time period 369 specified for Notice of Award and execution and delivery of a complete Agreement by 370 Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid 371 security prior to that date. 372 373 17. Evaluation of Bids and Award of Contract 374 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 375 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 376 and to reject the Bid of any Bidder if City believes that it would not be in the best 377 interest of the Project to make an award to that Bidder. City reserves the right to 378 waive informalities not involving price, contract time or changes in the Work and 379 award a contract to such Bidder. Discrepancies between the multiplication of units of 380 Work and unit prices will be resolved in favor of the unit prices. Discrepancies 381 between the indicated sum of any column of figures and the correct sum thereof will 382 be resolved in favor of the correct sum. Discrepancies between words and figures 383 will be resolved in favor of the words. 384 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 21 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 385 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 386 among the Bidders, Bidder is an interested party to any litigation against City, 387 City or Bidder may have a claim against the other or be engaged in litigation, 388 Bidder is in arrears on any existing contract or has defaulted on a previous 389 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 390 Bidder has uncompleted work which in the judgment of the City will prevent or 391 hinder the prompt completion of additional work if awarded. 392 393 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the 394 qualifications and experience of Subcontractors, Suppliers, and other persons and 395 organizations proposed for those portions of the Work where the identity of such 396 Subcontractors, Suppliers, and other persons and organizations must be submitted as 397 provided in the Contract Documents or upon the request of the City. City also may 398 consider the operating costs, maintenance requirements, performance data and 399 guarantees of major items of materials and equipment proposed for incorporation in 400 the Work when such data is required to be submitted prior to the Notice of Award. 401 402 17.3. City may conduct such investigations as City deems necessary to assist in the 403 evaluation of any Bid and to establish the responsibility, qualifications, and financial 404 ability of Bidders, proposed Subcontractors, Suppliers and other persons and 405 organizations to perform and furnish the Work in accordance with the Contract 406 Documents to City's satisfaction within the prescribed time. 407 408 17.4. Contractor shall perform with his own organization, work of a value not less than 409 35% of the value embraced on the Contract, unless otherwise approved by the City. 410 411 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 412 responsive Bidder whose evaluation by City indicates that the award will be in the 413 best interests of the City. 414 415 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award 416 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 417 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 418 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 419 comparable contract in the state in which the nonresident's principal place of 420 business is located. 421 422 17.7. A contract is not awarded until formal City Council authorization. If the Contract is 423 to be awarded, City will award the Contract within 90 days after the day of the Bid 424 opening unless extended in writing. No other act of City or others will constitute 425 acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by 426 the City. 427 428 17.7.1. The contractor is required to fill out and sign the Certificate of Interested 429 Parties Form 1295 and the form must be submitted to the Project Manager 430 before the contract will be presented to the City Council. The form can be 431 obtained at https://www.ethics.state.tx.us/data/forms/1295/1295.pdf 432 433 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 434 435 18. Signing of Agreement CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 21 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 436 437 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied 438 by the required number of unsigned counterparts of the Project Manual. Within 14 439 days thereafter, Contractor shall sign and deliver the required number of counterparts 440 of the Project Manual to City with the required Bonds, Certificates of Insurance, and 441 all other required documentation. 442 443 444 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. 445 446 447 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised/Updated November 2, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) https://www.ethics.state.tx.us/data/forms/conflict/CIS.pdf CIQ Form does not apply CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary LJ CIS Form does not apply ❑ CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: The Fain Group, Inc. PO Box 164308 Fort Worth, TX 76161 By: Larry razier Signature: 1�7 Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 Citywide Miscellaneous Pavement Repair Unit Price Contract City Project No. 105118 00 41 00 BID FORM Page 2 of 12 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: Citywide Miscellaneous Pavement Repair Unit Price Contract City Project No.: 105118 Units/Sections: Paving 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 Citywide Miscellaneous Pavement Repair Unit Price Contract City Project No. 105118 00 41 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid 7. Bid Submittal This Bid is submitted on Respectfullsubmitted, By: (Signature) Larry Frazier (Printed Name) Title: President Company: The Fain Group, Inc. Address: 2500 Great Southwest Pkwy. Fort Worth, TX 76106 State of Incorporation: Texas Email: Lfrazier@faingp.com Phone: (817) 927 - 4388 END OF SECTION $8,086,434.84 by the entity named below. Receipt is acknowledged of the following Addenda: Initial Addendum No. 1: N/A Addendum No. 2: Addendum No. 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 Citywide Miscellaneous Pavement Repair Unit Price Contract City Project No. 105118 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No Description Specification Section No. Unit of Measure Q�ntity Range Quantity (Max per Range) Unit Price Bid Value UNIT 1- General Requirements 1 10135.0102 Railroad Flagmen 01 35 13 I WD 151 15 S1,873.81 S28,107.15 UNIT 1 SUB -TOTAL S28,107.15 UNIT 2 - E 'sting Condition 2 0241.0100 Remove Concrete Sidewalk 02 41 13 SF 1 - 100 100 $5.64 $564.00 101 - 500 500 $4.37 $2,185.00 501+ 501 $4.37 $2,189.37 3 0241.0300 Remove ADA Ramp 02 41 13 EA 1 - 5 5 01,781.19 $8,905.95 6 - 10 10 $1,660.43 S 16,604.30 II+ 11 S1,660.50 S18,265.50 4 0241.0500 Remove Fence 02 41 13 LF I - 50 50 523.47 $1,173.50 51+ 51 $13.24 S675.24 5 0241.0600 Remove Wall <4' 02 41 13 LF 1 - 10 10 $136.43 $1,364.30 11 -20 20 $84.18 $1,683.60 21+ 21 S83.41 $1,751.61 6 0241.0700 Remove Mailbox 02 41 13 EA 1-5 5 S455.94 S2,279.70 6+ 6 $455.94 S2,735.64 7 0241.1506 2" Surface Milling - Asphalt Pavement 02 41 15 SY 1 - 10,000 10,000 S6.56 S65,600.00 10,001 - 25,000 25,000 S4.37 S109,250.00 25,001+ 25,001 $3.69 S92,253.69 8 0241.1506 2" Surface Milling - Concrete Pavement 02 41 15 SY 1 - 10,000 10,000 S9.99 S99,900.00 10,001 - 25,000 25,000 $6.56 S164,000.00 25,001+ 25,001 $5.75 $143,755.75 UNIT 2 SUB -TOTAL $735,137.15 UNIT'3-Earthwork 9 3110.0101 Site Clearing 31 1000 SY 10 - 500 500 SI1.46 $5,730.00 501+ 501 $10.74 $5,380.74 10 3110.0102 24-Inch and Larger, Tree Removal 31 10 00 EA 1 - 2 2 $2,498.41 54,996.82 3+ 3 $2,498.41 S7,495.23 11 3110.0102 6"-12" Tree Removal 31 10 00 EA 1 - 2 2 S999.37 $1,998.74 3+ 3 $999.36 $2,998.08 12 3123.0101 Unclassified Excavation 31 23 16 CY 1-100 100 $56.70 $5,670.00 101+ 101 $53.74 $5,427.74 UNIT 3 SUB -TOTAL S39,697.35 UNIT 4 - Exterior Improvements 13 3124.0101 Asphalt Pavement Base Repair 32 01 17 CY 1 - 200 200 $411.81 $82,362.00 201 - 500 500 $391.22 S 195,610.00 501+ 501 $391.22 $196,001.22 14 3211.0122 Flex Base, Type A, Gr-2 32 11 23 CY 1 - 100 100 S148.83 S14,883.00 101 - 300 300 $135.10 $40,530.00 301+ 301 S135.10 S40,665.10 15 11 3212.0401 MAC Transition 32 12 16 1 - 50 50 5168.64 $8,432.00 51+ 51 S156.15 $7,963.65 16 3212.0600 Asphalt Pavement Level - Up 32 12 16 TN 1 - 50 50 S249.84 S 12,492.00 51+ 51 $224.86 $ 11,467.86 17 3212.0302 2" Asphalt Pvmt Type D 32 12 16 SY 1 - 10,000 10,000 $47.47 S474,700.00 10,001 - 25,000 25,000 $43.72 $1,093,000.00 25,001+ 25,001 $43.72 S1,093,043.72 18 3212.0900 Crack Sealing of Existing Pavement 32 12 73 GA 1 - 100 100 S171.14 S17,114.00 101 - 200 200 S 171.14 $34,228.00 201+ 201 $171.14 S34,399.14 19 0241.0200 Remove and Replace Step 02 41 13/32 13 20 SF 1-100 100 S84.46 $8,446.00 101+ 101 $84.48 $8,532.48 20 3213.0301 4" Cone Sidewalk 32 13 20 SF I - 100 100 $12.72 $1 272.00 101 - 500 500 $11.79 $5,895.00 501+ 501 S11.18 $5,601.18 21 3213.0311 4" Conc Sidewalk, Adjacent to Curb 32 13 20 SF 1 - 100 100 S16.74 $1,674.00 101 - 500 500 SI5.35 $7,675.00 501+ 501 $14.74 S7,384.74 22 3213.0322 Conc Curb (6" - 8") at Back of Sidewalk 32 13 20 LF 1 - 50 50 $25.10 $1,255.00 50 - 100 100 $29.97 $2,997.00 101+ 101 S29.74 $3,003.74 23 3213.0401 Remove and Replace 6" Concrete Driveway 02 41 13/32 13 20 SF I - 150 150 $26.12 53,918.00 151 - 500 500 S21.84 510,920.00 501+ 501 S21.70 S10,871.70 24 3213.0501 Barrier Free Ramp, Type R-I 32 13 20 EA 1 - 5 5 S4,280.84 S21,404.20 6+ 6 54,280.76 525,684.56 25 3213.0502 Barrier Free Ramp, Type U-1 32 13 20 EA 1 - 5 5 55,011.46 S25,05730 S30,068,70 6+ 6 55,011.45 00 42 43 BID PROPOSAL Pogo 1 of CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/302021 Citywide hfisaUenaue Puement Repair Unit Pria Connect City Project No. 105I18 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Quantity Range Quantity (Max per Range) Unit Price Bid Value 26 3213.0503 Barrier Free Ramp, Type M-1 32 13 20 EA I - 5 5 $3,937.96 S19,689.80 6+ 6 S3 937.88 $23,627.28 S22,733.25 27 3213.0504 Barrier Free Ramp, Type M-2 32 13 20 EA 1 - 5 5 S4,546.65 6+ 6 $4 546.88 $27,281.28 28 3213.0505 Barrier Free Ramp, Type M-3 32 13 20 EA 1 - 5 5 $4 170.28 520,85 L40 6+ 6 $4,170.21 S25,021.26 29 3213.0506 Barrier Free Ramp, Type P-I 32 13 20 EA I - S 5 S3 961.23 $19,806.15 6+ 6 53,961.15 S23,766.90 30 3213.0507 Barrier Free Ramp, Type P-2 32 13 20 EA 1 -.5 5 53,961.23 S I9,806.15 6+ 6 53,961.15 S23,766.90 31 3213.0508 Barrier Free Ramp, Type C-1 32 13 20 EA 1 - 5 5 $5,678.13 528,390.65 6+ 6 $5,678.14 S34,068.84 32 3213.0509 Barrier Free Ramp, Type C-2 32 13 20 EA I - 5 5 S4 259.27 $21 296.35 6+ 6 $4,259.28 S25,555.68 33 3213.0510 Barrier Free Ramp, Type C-3 32 13 20 EA I - 5 5 $4 259.27 $21,296.35 6+ 6 S4,259.28 S25,555.68 34 3213.0700 Joint Sealant 32 13 73 LF 1 - 1,000 1,000 $3.75 $3,750.00 1,001 - 2,000 2,000 $3.50 $7,000.00 2,001+ 2,001 S3.50 S7,003.50 35 3216.0102 Remove and Replace 7" Conc Curb and Gutter 02 41 13/32 16 13 LF I - 100 100 $71.71 $7 171.00 101 - 500 500 S66.86 S33,430.00 501+ 501 S65.45 S32,790.45 36 3216.0301 Remove and Replace 7" Cone Valley Gutter, Residential 02 41 13/32 16 13 SY 1 - 50 50 S201.92 $10,096.00 51 - 100 100 S 190.48 S19,048.00 101+ 101 S172.08 $17380.08 37 3216.0301 Remove and Replace 9" Cone Valley Gutter, Residential 02 41 13/32 16 13 SY 1 - 50 50 S230.49 S11,524.50 51 - 100 100 S204.15 S20,415.00 101+ 101 S204.13 S20,617.13 38 3216,0302 Remove and Replace II" Cone Valley Gutter, Arterial/Industrial 02 41 13/32 16 13 SY 1 - 50 50 5271.6I S13,580.50 51 - 100 100 $264.11 $26 411.00 101+ 101 S264.11 S26,675.11 39 3217.0101 6" Sld Pvmt Marking HAS (W) 32 17 23 LF 1 - 1,000 1,000 $2.94 $2,940.00 1,001 - 2,000 2,000 $2.94 $5,880.00 2,001+ 2,001 S2.94 $5,882.94 40 3217.0102 6" Sld Pvmt Marking HAS (Y) 32 17 23 LF 1 - 1,000 1,000 S2.94 S2 940.00 1,001 - 2,000 2,000 S2.94 $5,880.00 2,001+ 2,001 $2.94 S5,882.94 41 3217.0103 6" Brk Pvmt Marking HAS (W) 32 17 23 LF 1 - 1,000 1,000 $3.12 $3 120.00 1,001 - 2,000 2,000 S3.I2 $6,240.00 2,001+ 2,001 $3.12 86,243.12 42 3217.0107 6" Brk Pvmt Marking HAS (Y) 32 17 23 LF 1 - 1,000 1,000 $3.12 $3,120.00 1,001 - 2,000 2,000 $3.12 $6,240.00 2,001+ 2,001 $3.12 $6,243.12 43 3217.0201 8" Sld Pvmt Marking HAS (W) 32 17 23 LE 1 - 1,000 1,000 S3.75 $3,750.00 1,001 - 2,000 2,000 S3.75 $7,500.00 2,001+ 2,001 $3.75 $7,503.75 $9,990.00 44 3217.0301 12" Sld Pvmt Marking HAE (W) 32 17 23 LF 1 - 1,000 1,000 $9.99 1,001 - 2,000 2,000 S9,99 S19,980.00 2,001+ 2,001 S9.99 S19,989.99 45 3217.0403 18" Sld Pvmt Marking HAE (Y) 32 17 23 LF 1 - 1,000 1,000 $13.74 $13 740.00 1,001 - 2,000 2,000 S13.74 S27,480.00 2,001+ 2,001 $13.74 $27,493.74 46 3217.0501 24" Sld Pvmt Marking HAE (W) 32 17 23 LF 1 - 1,000 1,000 $16.24 S16,240.00 1,001 - 2,000 2,000 $16.24 $32,480,00 2,001+ 2,001 S16.24 $32,496.24 47 3217.1002 Lane Legend Arrow 32 17 23 EA 1 - 5 5 5243.59 $1,217.95 6+ 6 $243.60 $1,461.60 48 3217.1004 Lane Legend Only 32 17 23 EA 1 - 5 5 $243.59 $1,2I7.95 6+ 6 $243.60 $1,461.60 49 3217.1009 Lane Legend Bike Arrow 32 17 23 EA I - 5 5 5268.58 S1,342.90 6+ 6 5268.58 SI,611.48 50 3217.1006 Lane Legend Bike 32 17 23 EA 1 - 5 5 S455.96 $2,279.80 6+ 6 S455.96 52,735.76 51 3217.1007 Lane Legend Sparrow 33 17 23 EA 1 - 5 5 S187.38 S936.90 6+ 6 S187.38 51,124.28 52 3217.2001 Raised Marker TY W 33 17 23 EA 1 - 100 100 S6.87 5687.00 101+ 101 S6.87 S693.87 53 3217,2103 Ref Raised Marker TY II -A -A 32 17 23 EA 1 - 100 100 56.87 $687,00 101+ 101 56.87 S693.87 00 42 43 13113 PROPOSAL Page 2 of CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Rerised 9/30/2021 Citynide Miscellaneous Pavement Repair Unit Price Contract City Project No. 105118 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID 00 42 43 Um PROPOSAL Page 3 of Bidder's Application Project Item Information Bidders Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Quantity Range Quantity (Max per Range) Unit Price Bid Value 54 3217.2104 Refl Raised Marker TY II-C-R 32 17 23 EA 1 - 100 100 $6.87 $687.00 101+ 101 S6.87 S693.87 55 3217.5001 Curb Address Painting 32 17 25 EA 1 - 5 5 $93.69 5468.45 6+ 6 $93.69 S562.14 56 3231.0114 Chain Link Fence, Steel Post 32 31 13 SF I - 500 500 $81.20 $40,600.00 501+ 501 $68.71 $34,423.71 53,955.50 57 3232.0100 Cone Ret Wall Adjacent to Sidewalk 32 32 13 SF 1 - 50 50 $79.11 51 -100 100 S75.14 $7 514.00 101+ 101 $74.09 $7,483.09 58 3291.0100 Topsoil 32 91 19 CY 1 - 100 100 $43.10 $4,310.00 101 - 500 500 $43.10 S21,550.00 501+ 501 $43.10 $21,593.10 59 3292.0100 Block Sod Placement 32 92 13 SY 1 - 100 100 521.45 $2 145.00 101 - 500 S00 $20.83 $10,415.00 501+ 501 020.83 $10435.83 UNIT 4 SUB -TOTAL $4,642,202.97 UNIT5- Utilities ) 60 3305.0106 Manhole Adjustment, Major 33 05 14 EA 1 - 5 5 $6,103.99 530,519.95 6+ 6 $6,103.99 S36,623.94 61 3305.0107 Manhole Adjustment, Minor 33 05 14 EA 1 - 5 5 S3 270.61 $16 353.05 6+ 6 $3,270.61 $19,623.66 62 3305.0111 Valve Box Adjustment 33 05 14 EA 1 - 5 5 $1,853.92 $9,269.60 6+ 6 $1,853.91 S11,123.46 63 3305.0108 Miscellaneous Adjustment (Utilities) 33 05 14 LS 1 1 $10,000.00 $10,000.00 64 3305.0108 Miscellaneous Structure Adjustment (5' Storm Drain Inlet Top) 33 05 14 EA 1 - 2 2 57,083.47 $14 166.94 3+ 3 $6,375.11 $19,125.33 65 3305.0108 Miscellaneous Structure Adjustment (10' Storm Drain Inlet Top) 33 05 14 EA 1 - 2 2 S6,500.16 $17 000.32 3+ 3 $7,083.46 S21,250.38 66 3312.2003 1- Inch Standard Plastic Water Meter Box 33 12 10 EA 1 -5 5 $640.90 $3,204,50 6+ 6 S640.91 $3,845.46 67 3312.2003 1- Inch Standard Concret Water Meter Box 33 12 10 EA I - 5 5 $734.60 $3,673.00 6+ 6 S734.59 S4,407.54 $220,187.13 UNIT 5 SUB -TOTAL UNIT6-Tramputation 68 3471.0001 Traffic Control 34 71 13 MO 10 10 $3,997.45 $39,974.50 69 3471.0002 Portable Message Sign 34 71 13 WK 30 30 S557.15 $16,714.50 656,689.00 UNIT 6 SUB -TOTAL UNIT 7 - Non -Standard Item 70 9999.0001 Work Order Mobilization (00 - S50,000) 01 70 00 EA I I $2,000.00 $2 000.00 71 9999.0002 Work Order Mobilization ($50,001 - $200,000) 01 70 00 EA 1 1 $5,000.00 S5,000.00 72 9999.0003 Work Order Mobilization ($200,001 - $500,000) 01 70 00 EA 1 1 S10,000.00 $10,000.00 73 9999.0004 Work Order Mobilization ($500,000+) 01 70 00 EA 1 1 S15,000.00 SI5,000.00 74 9999.0005 Remove Concrete and Replace with 7" Concrete Pavement HES 02 41 15/32 13 13 SY 1 - 100 100 S198.09 $19 809.00 101 - 500 500 $188.89 594,445.00 501 - 1,500 1,500 5170.46 $255 690.00 1,501+ 1,501 $170.46 S255,860.46 75 9999.0006 Remove Concrete and Replace with 9" Concrete Pavement HES 02 41 15/32 13 13 SY 1 - 100 100 $221.08 $22 108.00 101 - 500 500 $196.72 598,360.00 501 - 1500 1,500 0196.72 $295,080.00 1501+ 1,501 S196.72 $295,276.72 76 9999.0006 Remove Concrete and Replace with 11" Concrete Pavement HES 02 41 15/32 13 13 SY 1 - 100 100 $258.68 S25,868.00 101 - 500 500 5240.42 $120 210.00 501 - 1500 1,500 $238.15 $357,225.00 1501+ 1,501 $238.16 S357,478.16 $3,750.00 77 9999.0007 Concrete Saw Cutting 99 99 99 LF 1 - 1,000 1,000 $3.75 1,001 - 5,000 5,000 $3.75 $18 750.00 5,001 - 15,000 15,000 $3.75 556,250.00 15,001+ 15,001 S3.75 $56 253.75 UNIT 7 SUB -TOTAL $2,364,414.09 Base Bid Summary Unit Sub•Total UNIT 1 -General Requirements $28,107.15 UNIT 2 - Existing Conditions $735,137.15 UNIT 3 - Earthwork 539,697.35 UNIT 4 • Exterior Improvements $4,642,202.97 UNIT 5 - Utilities $220,187.13 UNIT 6 - Transportation $56,689.00 CRY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 Citywide Miscellaneous Pavement Repair Unit Price Contract City Project No. 105118 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Quantity Range Quantity (Max per Range) Unit Price Bid Value END OF SECTION UNIT 7 - Non -Standard Items $2,364,414.09 Total Bid $8,086,434.84 00 42 43 BIu PROPOSAL Page4 of 4 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 Citywide Miscellaneous Pavement Repair Unit Price Contract City Pmject No. 10S11 S SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 2 That we, The Fain Group, Inc. , known as "Bidder" herein and Westfield Insurance Company a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as CPN 105118 Citywide Miscellaneous Pavement Repair Unit Price Contract NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 18th day of January , 2024 ATTEST: CT D��JTx -t4 Witness as to Principal PRINCIPAL: The Fain Group, Inc. BY: ure 2AR- Nam. and Title CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 Citywide Miscellaneous Pavement Repair Unit Price Contract City Project No. 105118 Address: PO Box 164308 SURETY: 0D 43 13 BID BOND Page 2 of 2 Fort Worth. TX 76161 Westfield'f sur. ce Com i a BY: gnature hnn Moss Attorne -in-Fact Name and Title Address: 2255 Ridee Road. Ste 333 Rockwall, TX 75087 Witness as t�Surety Muni Rabah, Bond Account Manager Telephone Number: 972-772-7220 Attach Power of Attorney (Surety) for Attorney -in -Fact *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If 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 Revised 9/30/2021 Citywide Miscellaneous Pavement Repair Unit Price Contract City Project No. 105118 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 05t25/22, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney CERTIFIED COPY POWER NO. 4220012 14 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JARRETT WILLSON, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JOINTLY OR SEVERALLY of ROCKWALL and State of TX Its true and lawful Attorney(s)-in-Fact, 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 in any penal limit. - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS, and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be it Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive 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: The 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 of Indemnity and other conditional or obligatory undertakings 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 as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the 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 signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 25th day of MAY A.D., 2022 . M1,11.1.,,,,,I Corporate 4,,,,1SNN,tpe%� �SONA(,1N,,, Seals ,.•`aP.•......,, s. 4 f.. tiE' i G Affixed 11A1 '•0'i O' •P ate: _...•.... .Oa �tl: i= SEAL eFA= State of Ohio County of Medina ss.: WESTFIELD INSURANCE COMPANY .E.-:* .41 WESTFIELD NATIONAL INSURANCE COMPANY 444r..0.02.. .•.t - OHIO FARMERS INSURANCE COMPANY TERfp ^¢; � f.. 1848 ,tc • t= 1 Gary W tumper, Nationa'"Surety Leader and Senior Executive By: On this 25th day of MAY A.D., 2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides In Medina, OH; that he Is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Affixed State of Ohio N 41110� . County of Medina ss.: q ,,Paitear0-44- David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS 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; and furthermore, the resolutions of the Boards of Directors, set out In the Power of Attorney are in full force and effect. `%t`• In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this t5 day of ' aSYfif(p%, ,.,•".,,ONAI. r',, a(Silp��� ��11 ]]((II �o ' w' %2 =. tORTEREO : l �/"v"✓r J t t .�"+ .7 i°i1a s r : Ni. SEAL m'- =e• : E. �eSllitL, f1 Secretary lok .w,.., .f . .v. Y ' . . �l• 184El... ,, /,... . ,,,,,,,,,,, Frank A. Carrino, Secretary BPOAC2 (combined) (03-22) IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P 0 Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection(a�tdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. 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: Puede comunicarse con su (title) al (telephone number). Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P 0 Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtectionAtdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Company, o Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. BD5430 (06-15) 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 1 BIDDER: The Fain Group, Inc. PO Box 164308 Fort Worth, TX 76161 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 7 By: Larry Frazier --Y (Signature) Title: President Date: 12/20/2023 Citywide Miscellaneous Pavement Repair Unit Price Contract City Project No. 105118 1 2 SECTION 00 45 11 BIDDERS PREQUALIFICATIONS 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 3 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxpermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's e-mail address and fax number. 37 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DUNS 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 1 2 3 4 5 6 7 8 9 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 d. If a contractor has a valid prequalification letter, the contractor will be eligible to perform the prequalified work types until the expiration date stated in the letter. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised August 13, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 00 45 12 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name xpir Ealificatio Expiration Date Asphalt Paving Heavy Maintenance (UNDER $1,000,000) FAtt•I a / 1 I l a,S The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: The Fain Group, Inc. PO Box 164308 Fort Worth, TX 76161 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/30/2021 END OF SECTION By: Larry Frazier J(Signature) Title: President Date: 12/20/2023 Citywide Miscellaneous Pavement Repair Unit Price Contract City Project No. 105118 004526-I CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKERS COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 105118. Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: 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 The Fain Group, Inc. Company PO Box 164308 Signature: Address Fort Worth, TX 76161 City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT Title: President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Larry Frazier , 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 The Fain Group, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. b day of NEN DER MY HAND AND SEAL OF OFFICE this tUAY -tif , 202,3 """'',PKRISTI TREES 1PR�. 6vG Notary Public, State of Texas •• Comm. Expires 04-15-2027 //m s Notar y ry ID 124427334 Notary Public in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Citywide Miscellaneous Pavement Repair Unit Price Contract City Project No. 105118 004540-1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: https://codelibrary.amlegal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EQUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 14% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Protege participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Business Equity Utilization 46 Form_DVIN 2022 220324.pdf 47 48 Letter of Intent 49 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 27, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 004540-2 Business Equity Goal Page 2 of 2 1 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.pdf 3 4 Business Equity Good Faith Effort Form 5 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN 2022.pdf 7 8 Business Equity Prime Contractor Waiver Form 9 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.pdf 11 12 Business Equity Joint Venture Form 13 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/MWBE Joint 14 Venture 220225.pdf 15 16 17 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL 18 RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID 19 REJECTED. 20 21 22 FAILURE TO SUBMIT THE REQUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE 23 COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- 24 RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS 25 AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. 26 27 For Questions, Please Contact The Business Equity Division of the Department of Diversity and 28 Inclusion at (817) 392-2674. 29 END OF SECTION 30 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 27, 2021 Citywide Miscellaneous Pavement Repair Unit Price Contract 005243-1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on March 26th 2024, is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and The Fain Group, Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: CITYWIDE MISCELLANEOUS PAVEMENT REPAIR UNIT PRICE CONTRACT Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of TWO MILLION, SEVEN HUNDRED FORTY THOUSAND AND 0/100 Dollars ($2,740,000.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within the number of days specified in each task order. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred and 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 This contract may be renewed up to 2 (two) additional terms, upon expiration of contract funds, under the same terms, conditions, and unit prices. In no even shall the contract's total time exceed five years from the initial Effective Date. CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 00 52 43 - 2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) 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 damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 00 52 43 - 3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written 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, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a 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 Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 005243-5 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 Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 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: City of Fort Worth By: By: L FrBzie, 2024 10:37 CDT) Signature Jesica McEachern Larry Frazier (Printed Name) President Title 2500 Great Southwest Parkway Address Fort Worth, TX 76106 Assistant City Manager Apr 24, 2024 Date Attest: A .ems Jannette Goodall, City Secretary City/State/Zip (Seal) Apr 1, 2024 M&C: 24-0242 Date Date: 03/26/2024 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. Manwan ttafez Marwan Hafez (Apr I, 202411:24 CDT) Marwan Hafez Professional Engineer Approved as to Form and Legality: Qeige- Douglas Black (Apr 19, 202411:51 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: Lauren Prieur (Apr 18, 2024 13:14 CDT) Lauren Prieur, Director, Transportation & Public Works Department CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 1 2 SECTION 00 61 13 PERFORMANCE BOND 0061 13 - 1 PERFORMANCE BOND #398500P Page 1 of 2 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, The Fain Group, Inc. , known as "Principal" herein and 8 Westfield Insurance Company , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, TWO MILLION. 12 SEVEN HUNDRED FORTY THOUSAND AND 00/100 Dollars ($2,740,000.00), lawful money 13 of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which 14 sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors 15 and assigns, jointly and severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City 17 awarded the 26t1i day of March, 2024, which Contract is hereby referred to and made a part hereof 18 for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 19 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 20 provided for in said Contract designated as CITYWIDE MISCELLANEOUS PAVEMENT 21 REPAIR UNIT PRICE CONTRACT. 22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 29 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division. CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 0061 13-2 PERFORMANCE BOND Page 2of2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 26th day of 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 42 43 44 March , 20 24 , Witness as to Principal `d, = E la t °1V Witness as to Surety Jessica Ahnagucr, Sr Client Service Specialist PRINCIPAL: The Fain Group, Inc. Name and Title Address: P 0 Box 164308 Fort Worth, TX 76161 SURETY: BY d lnsurce company ignature Johnny Moss, Attorney -in -Fact Name and Title Address: 2255 Ridge Road. Ste 333 Rockwall, TX 75087 Telephone Number: 972.772.7220 Email Address: Johnny.Mossgkandsins.com *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority 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 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 itywide Miscellaneous Pavement Repair Unit Price Contract 3 4 THE STATE OF TEXAS 5 6 COUNTY OF TARRANT 0061 14- PAYMENT BOND #398500P Page 1 of 2 SECTION 00 61 14 PAYMENT BOND KNOW ALL BY THESE PRESENTS: 7 That we, The Fain Group, Inc., known as "Principal" herein, and 8 Westfield Insurance Company , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether 10 one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 11 created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of 12 TWO MILLION, SEVEN HUNDRED FORTY THOUSAND AND 00/100 Dollars 13 ($2,740,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 15 executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 26'1i day of March, 2024, which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories 19 as defined by law, in the prosecution of the Work as provided for in said Contract and designated 20 as CITYWIDE MISCELLANEOUS PAVEMENT REPAIR UNIT PRICE CONTRACT. 21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 22 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 23 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 24 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 25 force and effect. 26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 28 accordance with the provisions of said statute. 29 CITY OF FORT WORTI-I Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 26th day of 3 March 2024 . 4 ATTEST: rinc pa 11 Secretary Witness as to Principal PRINCIPAL: The Fain Group, Inc. BY: S ignatre AlZel Mkt. t � 9M5 iv Name and Title Address: P 0 Box 164308 Fort Worth, TX 76161 SURETY: ATTEST: BY: N/A (Surety) Secretary ' 'W' ) , it •'itness as to Surety Jessica AI aguer, Sr Client Service Specialist W Id Insurance Com,an S nature Johnny Moss, Attorney -in -Fact Name and Title Address: 2255 Ridge Road, Ste 333 Rockwall, TX 75087 Telephone Number: 972.772.7220 Email Address: Johnny.Moss@kandsins.com 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws 7 showing that this person has authority to sign such obligation. If Surety's physical address is 8 different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 1 2 SECTION 00 61 19 MAINTENANCE BOND 006119-1 MAINTENANCE BOND #398500P Page 1 of 3 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we The Fain Group, Inc., known as "Principal" herein and 9 Westfield Insurance Company , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" erein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of TWO MILLION, 13 SEVEN HUNDRED FORTY THOUSAND AND 00/100 Dollars ($2,740,000.00), lawful money 14 of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum 15 well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 26°i day of March, 2024, which Contract is hereby referred to and a made part hereof for all 20 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 21 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 22 authorized Change Order (collectively herein, the "Work") as provided for in said contract and 23 designated as CITYWIDE MISCELLANEOUS PAVEMENT REPAIR UNIT PRICE 24 CONTRACT; and 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will remain 28 free from defects in materials or workmanship for and during the period of two (2) years after the 29 date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 32 receiving notice from the City of the need therefor at any time within the Maintenance Period. 33 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 Citywide Miscellaneous Pavement Repair Unit Price Contract 0061 19 - 2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy 2 any defective Work, for which timely notice was provided by City, to a completion satisfactory to 3 the City, then this obligation shall become n 11 and void; otherwise to remain in full force and 4 effect. 5 6 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to be 8 repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the 9 Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 12 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROVIDED FURTHER, that this obligation shall be continuous in nature and successive 16 recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 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 26th day of March 3 ,20 24 4 5 6 7 8 9 10 11 ATTEST: 12 13 14 (Prin 15 16 17 18 19 20 Witness as to Principal 21 22 23 24 25 26 27 28 29 ATTEST: 30 31 32 33 PRINCIPAL: The Fain Group, Inc. 210. Pf r".StL ry Name and Title ( (Surety) Secretary 35 W itn ss as to Surety Jessica Almaguer, Sr Client Service Sdecialist 36 37 38 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 The date of the bond shall not be prior to the date the Contract is awarded. Address: P 0 Box 164308 Fort Worth, TX 76161 SURETY: BY: ignature surance Con3,pany Johnny Moss, Attorney -in -Fact Name and Title Address: 2255 Ridge Road, Ste 333 Rockwall, TX 75087 Telephone Number: 972.772.7220 Email Address: Johnny.Mossrzkandsins.com 42 CITY OF FORT WORTH Citywide Miscellaneous Pavement Repair Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 05/25/22, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney CERTIFIED COPY POWER NO. 4220012 14 Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JARRETT WILLSON, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, 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 in any penal limit. - - - - - - . LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive 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: The 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 of indemnity and other conditional or obligatory undertakings 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 as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the 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 signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 25th day of MAY A.D., 2022 . Corporate `a�UR.(� "'am ..•' , ,ONFl( /N•.,,,pn�., Seals {Cr........... .., ; .,aaP�........,! S,G :eg� ...M,j�ja Affixed '• c O. _ '. �1bv' „RIB t� % =' 0 ' ? ' ' � � ; � : ti .� tpRTERth:St 1 _ �- j.$,s� _ T-: SEAL _ ®a 4.'�y .7R rrr ma's 7.., . - 1%.. ▪ 184 ,. • 1 w.• ,a, State of Ohio """"' County of Medina ss.: WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY By: Gary W. tumper, National Surety Leader and Senior Executive On this 25th day of MAY A.D., 2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Affixed State of Ohio County of Medina ss.: Azed/o-if. David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) 1, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS 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; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 26th day of March A.D., 2024 ��aSYA4,6rc ..,•�,�+ONFlL i4''•, DNS ►-' SEAL _ MI OW TER1'ali A--Q- `l 04 ♦ , + ' o -' Cam': l , L7,. J�,/u_.4 Secretary Frank A. Carrino, Secretary BPOAC2 (combined) (03-22) IMPORTANT NOTICE STATE COMPLAINT 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P 0 Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtectiontdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. BD5430 (06-15) OF TEXAS PROCEDURES AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection[a7tdi.texas.gov DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con ,el agente, Westfield Insurance Company, Westfield National Insurance Company, o Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. / A� o® CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) E;MMID 24 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER K&S Insurance 0104 2255 Ridge Rd Suite 333 Rockwall TX 75087 CONTACT NAME: Daniel NUno PHONE FAX (A/C, No, Ext): 972-771-4071 (A/C, No): 972-771-4695 ADDRESS: daniel.nuno@kandsins.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Employers Mutual Casualty Comp 21415 INSURED FAINGRO-02 The Fain Group, Inc. P.O. Box 164308 Ft Worth TX 76161 INSURER B : Texas Mutual Insurance Company 22945 INSURER C : Continental Casualty Company 20443 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 1480489331 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WLIMITS VD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) A COMMERCIAL GENERAL LIABILITY BBB3427 2/1/2024 2/1/2025 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE RETED PREMISESO(Ea occurrence) $ 500,000 X Ded: $1,000 PD MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES PROT- JEC PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE X X LIABILITY ANY AUTO OWNED X SCHEDULED AUTOS NON -OWNED AUTOS ONLY 6E59639 2/1/2024 2/1/2025 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ A X UMBRELLA LIAB EXCESS LIAB X O OCCUR CLAIMS -MADE 6J59639 2/1/2024 2/1/2025 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENT ON $ 1 n,09n $ g WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N/A 0002073049 2/1/2024 2/1/2025 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 C Contractors Equipment IM6080188088 2/1/2024 2/1/2025 Leased/Rented Equip. Deductible 250,000 2,500 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured & Waiver of Subrogation apples to the General Liability Policy. Additional Insured -Owners, Lessees or Contractors -Automatic Status when required in contract or agreement - On -going and Completed Operations applies to the General Liability policy. Primary & Non -Contributory Form applies to General Liability Policy. Additional Insured Lessor of Leased Equipment form applies to the General Liability policy. Additional Insured and Waiver of Subrogation form applies to the Business Auto Policy. Additional Insured Primary/Non-Contributory form applies to the Business Auto policy. Waiver of Subrogation Form applies to the Workers Compensation Policy GENERAL LIABLITY: Additional Insured - Automatic status as required by written contract between the named insured and any person or organization that See Attached... CERTIFICATE HOLDER CANCELLATION City of Fort Worth 200 Texas Street Fort Worth TX 76102 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �--. ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: FAINGRO-02 LOC #: ACORD® ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY K&S Insurance 0104 POLICY NUMBER CARRIER NAIC CODE NAMED INSURED The Fain Group, Inc. P O Box 164308 Ft Worth TX 76161 EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE requires such status. Primary & Non -Contributory as required by written contract between the named insured and any person or organization that requires such status. Blanket Waiver of Subrogation as required by written contract between the named insured and any person or organization that requires such status. General Liability does not contain an exclusion for XCU. AUTOMOBILE LIABILITY: Additional Insured - Any person or organization that you are required by a written contract to name as additional insured. Waiver of Transfer of Rights Recovery Against Others to Us: We waive any right of recovery we may have, because of payments we make for injury or damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. WORKERS COMPENSATION: Blanket Waiver of Subrogation as required by written contract between the named insured and any person or organization that requires such status. UMBRELLA: Overlays the underlying policies. Policy form provides additional insured and waiver of subrogation when underlying policies provides same coverage *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS AND EXCLUSIONS Project: Citywide Miscellaneous Pavement Repair, Unit Price Contract City Project Number: 105118 The City of Fort Worth and its affiliates, their respective employees and agents, members, managers, officers and owners (and their beneficiaries, if any), are all included as additional certificate holders. ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ELITE EXTENSION - TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY Section I — Coverage A, Exclusion a. is amended as follows: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. NON -OWNED WATERCRAFT Section I — Coverage A, Exclusion g.(2) is amended as follows: (2) A watercraft you do not own that is: (a) Less than 60 feet long; and (b) Not being used to carry person(s) or property for a charge; C. EXTENDED PROPERTY DAMAGE COVERAGE Section I — Coverage A, Exclusions j.(3) and (4) is amended to add the following: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. SCHEDULE Limits Of Insurance Deductible $5,000 Each Occurrence $250 Per Claim $10,000 Annual Aggregate a. The each occurrence limit listed above is the most we will pay for all damages because of "property damage" to property in the care, custody and control of or property loaned to an insured as the result of any one "occurrence", regardless of the number of: (1) insureds; (2) claims made or "suits" brought; (3) persons or organizations making claims or bringing "suits". The aggregate limit listed above is the most we will pay for all damages because of "property damage" to property in the care custody and control of or property loaned to an insured during the policy period. Any payment we make for damages because of "property damage" to property in the care, custody and control of or property loaned to an insured will apply against the General Aggregate Limit shown in the declarations. b. Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the deductible amount listed above. We may pay any part or all of the deductible amount listed above. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification by us, you will promptly reimburse us for that part of the deductible we paid. c. If two or more coverages apply under one "occurrence", only the highest per claim deductible applicable to these coverages will apply. d. Insurance provided by this provision is excess over any other insurance, whether primary, excess, contingent or any other basis. Since insurance provided by this endorsement is excess, we will have no duty to defend any claim or "suit" to which insurance provided by this endorsement applies if any other insurer has a duty to defend such a claim or "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. D. PROPERTY DAMAGE — ELEVATORS Section I — Coverage A.2. Exclusions paragraphs j.(3), j.(4), j.(6) and k. do not apply to use of elevators. This insurance afforded by this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured and Section IV — Commercial General Liability Conditions Paragraph 4. Other Insurance. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 6 E. FIRE, LIGHTNING OR EXPLOSION DAMAGE Except where it is used in the term "hostile fire", the word fire includes fire, lightning or explosion wherever it appears in the Coverage Form. Under Section I — Coverage A, the last paragraph (after the exclusions) is replaced with the following: Exclusions c. through n. do not apply to damage by fire, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. F. MEDICAL PAYMENTS If Section I — Coverage C. Medical Payments Coverage is not otherwise excluded from this Coverage Form: The requirement, in the Insuring Agreement of Coverage C., that expenses must be incurred and reported to us within one year of the accident date is changed to three years. G. SUPPLEMENTARY PAYMENTS Supplementary Payments — Coverages A and B Paragraphs 1.b. and 1.d. are replaced by the following: 1.b. Up to $5,000 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. 1.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. H. SUBSIDIARIES AS INSUREDS Section 11— Who Is An Insured is amended to add the following: 1.f. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this policy. However, insured does not include any subsidiary that is an insured under any other general liability policy, or would have been an insured under such a policy but for termination of that policy or the exhaustion of that policy's limits of liability. I. BLANKET ADDITIONAL INSUREDS — AS REQUIRED BY CONTRACT 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) subject to provisions in Paragraph 2. below, (hereinafter referred to as additional insured) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy provided that the written contract or agreement is: a. Currently in effect or becomes effective during the policy period; and b. Executed prior to an "occurrence" or offense to which this insurance would apply. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and c. Applies only if the person or organization is not specifically named as an additional insured under any other provision of, or endorsement added to, Section II — Who Is An Insured of this policy. 2. As provided herein, the insurance coverage provided to such additional insureds is limited to: a. Any Controlling Interest, but only with respect to their liability arising out of their financial control of you; or premises they own, maintain, or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. b. Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 6 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 the failure to render any professional services by or for you. c. Any manager or lessor of a premises leased to you, but only with respect to liability arising out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: 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 construction or demolition operations performed by or on behalf of such additional insured. d. Any state or governmental agency or subdivision or political subdivision, subject to the following: (1) This insurance applies only with respect to the following hazards for which any state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (a) 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 (b) The construction, erection or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance. (2) This insurance applies only with respect to operations performed by you or on your behalf for which any state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or "property damage" included within the "products - completed operations hazard". e. Any vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) The insurance afforded any vendor does not apply to: (a) "Bodily injury" or "property damage" for which any vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that any vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by any vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as any vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at any vendor's premises in connection with the sale of the product; Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for any vendor; or (g) CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 6 (h) "Bodily injury" or "property damage" arising out of the sole negligence of any vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as any vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. f. Any Mortgagee, Assignee Or Receiver, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. Any Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: (1) This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land; (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. g• h. Any person or organization from whom you lease equipment, but only with respect to 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). A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires i. Any Owners, Lessees, or Contractors for whom you are performing operations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This 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 surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural 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 the failure to render any professional architectural, engineering or surveying services. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 4 of 6 J• (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 (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. Any Grantor of Licenses to you, but only with respect to their liability as grantor of licenses to you. Their status as additional insured under this endorsement ends when: 1. The license granted to you by such person(s) or organization(s) expires; or 2. Your license is terminated or revoked by such person(s) or organization(s) prior to expiration of the license as stipulated by the contract or agreement. k. Any Grantor of Franchise, but only with respect to their liability as grantor of a franchise to you. I. Any Co-owner of Insured Premises, but only with respect to their liability as co- owner of any insured premises. m. Any Concessionaires Trading Under Your Name, but only with respect to their liability as a concessionaire trading under your name. 3. Any insurance provided to any additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the additional insured or its agents, "employees" or any other representative of the additional insured. 4. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: If coverage provided to any 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: a. Required by the contract or agreement; or b. 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. J. COVERAGE FOR INJURY TO CO -EMPLOYEES AND/OR YOUR OTHER VOLUNTEER WORKERS Section II — Who is an Insured, Paragraph 2.a. (1) is amended to add the following: e. Paragraphs (a), (b), and (c) do not apply to your "employees" or "volunteer workers" with respect to "bodily injury" to a co -"employee" or other "volunteer worker". Damages owed to an injured co -"employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co - "employee" or "volunteer worker" under any other valid and collectible insurance. K. HEALTH CARE SERVICE PROFESSIONALS AS INSUREDS - INCIDENTAL MALPRACTICE Section II — Who is an Insured, Paragraph 2.a. (1) (d) is amended as follows: This provision does not apply to Nurses, Emergency Medical Technicians, or Paramedics who provide professional health care services on your behalf. However this exception does not apply if you are in the business or occupation of providing any such professional services. L. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section II — Who Is An Insured, Paragraph 3.a. is replaced by the following: 3.a. Coverage under this provision is afforded until the end of the policy period. This provision does not apply if newly formed or acquired organizations coverage is excluded either by the provisions of the Coverage Form or by endorsements. M. DAMAGE TO PREMISES RENTED TO YOU Section III — Limits of Insurance, Paragraph 6. is replaced by the following: Subject to 5.a. above, the Damage To Premises Rented To You Limit, or $500,000, whichever is higher, 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 leakage from automatic protection systems, while rented to you or temporarily occupied by you with permission of the owner. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 6 N. MEDICAL PAYMENTS — INCREASED LIMITS Section III — Limits of Insurance, Paragraph 7. is replaced by the following: 7. Subject to Paragraph 5. above, $10,000 is the Medical Expense Limit we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, unless the amount shown on the Declarations of this Coverage Part for Medical Expense Limit states: (a) No Coverage; or (b) $1,000; or (c) $5,000; or (d) A limit higher than $10,000. O. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Commercial General Liability Conditions Paragraph 2. is amended to add the following: 1. The requirement in Condition 2.a. that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim, applies only when the "occurrence" or offense is known to: (1) You, if you are an individual or a limited liability company; (2) A partner, if you are a partnership; (3) A member or manager, if you are a limited liability company; (4) An "executive officer" or insurance manager, if you are a corporation; or (5) A trustee, if you are a trust. 2. The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or "suit" as soon as practicable will not be considered breached unless the breach occurs after such claim or "suit" is known to: (1) You, if you are an individual or a limited ability company; (2) A partner, if you are a partnership; (3) A member or manager, if you are a limited liability company; (4) An "executive officer" or insurance manager, if you are a corporation; or (5) A trustee, if you are a trust (1) The additional insured is a Named Insured under such other insurance; and (2) 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. However, if the additional insured has been added as an additional insured on other policies, whether primary, excess, contingent or on any other basis, this insurance is excess over any other insurance regardless of the written agreement between you and an additional insured. Q. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV — Commercial General Liability Conditions Paragraph 6. Representations is amended to add the following: If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under the Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non - renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this r oli R. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV — Commercial General Liability Condition Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the "products -completed operations hazard". However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and 2. Was executed prior to loss. P. PRIMARY AND NONCONTRIBUTORY — ADDITIONAL INSURED EXTENSION Section IV — Commercial General Liability Conditions Paragraph 4. Other Insurance is amended to add the following: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: S. MENTAL ANGUISH Section V — Definition 3. is replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from bodily injury, sickness or disease. T. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 6 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT - AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Form CG7429 (Ed. 11-98) Copyright, Insurance Services Office, Inc., 1984 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY - REQUIRED IN WRITTEN CONTRACT OR AGREEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Section II — Covered Autos Liability Coverage, Item A.1. Who Is An Insured is amended to include as an additional "insured": 1. Any person or organization who you become obligated to include as an additional insured under this "auto" Policy, as a result of any written contract or agreement you enter into, which requires you to furnish insurance to that person or organization of the type provided by this policy but only with respect to "auto" liability arising out of your ongoing operations or premises owned by or rented to you. 2. Any other person or organization you are required to include as an additional insured under this "auto" Policy as an additional insured under a contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to "auto" liability for "bodily injury", or "property damage" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of ongoing operations; or 2. In connection with your premises owned or rented to you. However, the insurance afforded to such additional insured described above: 1. Only applies to the extent permitted by law; 2. Only applies if the contract or agreement is in effect during the policy period; 3. Only applies if the "bodily injury" or "property damage" occurs after you and such party have executed the contract or agreement; and 4. 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 Paragraph C. Limit Of Insurance of Section II: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1. or A.2.; or 2. Available under the applicable Limits Of Insurance shown in the Declarations for: Auto Liability; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. C. The following is added to the Other Insurance Condition and supersedes any provision 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: (1) The additional insured is a Named Insured under such other insurance; and (2) 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. D. All other terms and conditions of this policy remain unchanged. CA7479 (2-22) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 FORT WORTHt:s Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Citywide Misc Pavement Repair. Unit Price M&C: 24-0242 CPN: n/a (bill 105118) CSO: 61319 DOC#: Date: 04/17/24 To: Name Department Initials Date Out 1. Donnette Murphy Risk -Approver oM 04/17/24 2. Patricia Wadsack TPW-Approver P LW 04/18/24 3. Lauren Prieur TPW-Signer 04/18/24 4. Priscilla Ramirez Legal -Approver ' 04/19/24 •R 5. Doug Black Legal -Signer b8 04/19/24 ,B 6. Jesica McEachern ACM -Signer 04/24/24 7 Ronald Gonzales CSCO-Approver ° 04/24/24 8 Janette Goodall CSCO-Signer 04/24/24 G2 9 Allison Tidwell CSCO-Form Filler 04/24/24 10. TPW Contracts TPW CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: OYES No RUSH: DYES No SAME DAY: OYES ❑No NEXT DAY: OYES ['No ROUTING TO CSO: ®YES ❑No Action Required: ❑ Attach Signature, Initial and Notary Tabs ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to the General Conditions & Technical Specs Return To: Please notify TPWContracts a@fortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Citywide Miscellaneous Pavement Repair. Unit Price Contract M&C: CPN: 105118 CSO: DOC#: Date: 03/19/24 To: Name Department Initials Date Out 1. Larry Frazier/The Fain Group, Inc Vendor -Signer ' . 04/01/24 2. Project Manager: Marwan Hafez TPW-Signer 1" 04/01/24 3. Michelle Hadley -McGhee TPW-Reviewer 04/15/24 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: OYES No RUSH: FIVES L<No SAME DAY: DYES ❑No NEXT DAY: EYES [No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information • Signature/Routing and or Recording n Comment n File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContractsAfortworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! Bond Verification From: To: Cc: Subject: Date: Attachments: Muni Rabah Hadley -McGhee, Michelle Ashlie Dooley; TPW Contracts RE: PLEASE REPLY - BOND VERIFICATION REQUEST [CPN # - Proj Name] Thursday, April 11, 2024 3:58:16 PM image001.pnq 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. The below info is correct - Bond # 398500P in the amount of $2,740,000.00 , for Client - The Fain Group. Inc., with obligee - City of Fort Worth, on project CITYWIDE MISCELLANEOUS PAVEMENT REPAIR UNIT PRICE CONTRACT, written with Westfield Insurance Company is valid and in force. Muni Rabah 1 Client Experience Leader, Surety Direct: 972-772-7263 Muni.Rabah@kandsins.com K&S Insurance, a Baldwin Risk Partner From: Hadley -McGhee, Michelle <Michelle.Hadley-McGhee@fortworthtexas.gov> Sent: Thursday, April 11, 2024 3:37 PM To: Muni Rabah <Muni.Rabah@kandsins.com> Cc: Ashlie Dooley <aatkins@kandsins.com>; TPW Contracts <TPWContracts@fortworthtexas.gov> Subject: PLEASE REPLY - BOND VERIFICATION REQUEST [CPN # - Proj Name] CAUTION: External Message. Beware any links or attachments 04/11/2024 Good afternoon Muni. Thank you for the phone call today. In the past, we've sent email requests to K & S Insurance for the validation of the surety bonds we've received from a vendor on a City construction project(s). It was during our call today, you informed me that K & S Insurance typically does not receive emails to verify surety bonds; further to provide you with the specific language being sought for (K & S Insurance) to state, in order to provide us with the surety bond verification request being sent to you today, via email. The City of Fort Worth sends an email request to a surety company we've received surety bonds for & requests an email reply, that there is a written record of the communication between the two entities. Please see and reply to the request below. The City of Fort Worth is in receipt of the following referenced bond(s) — BOND #398500P, in the amount of $2,740,000.00 (Two Million, Seven Hundred Forty Thousand and 00/100 Dollars), from The Fain Group, Inc., for City Project (Citywide Miscellaneous Pavement Repair, Unit Price Contract). Please reply to this email, to provide email confirmation stating whether or not the bond(s) and dollar amount(s) are both valid and currently in force. Your prompt attention to this matter is greatly appreciated! If there are additional questions or concerns, please do not hesitate to contact me at, michelle.hadley-mcghee@fortworthtexas.gov, or by phone, 817-392-7233. Should this request have reached you in error, or needs to be directed elsewhere, please be so kind to provide the name of the contact, with both an email address & phone number of the person or department being referenced. It is appreciated. ,tooking fozwazd O Q oiozeciative, d%lic%elle p/fadlejer/`lc Aee Contract Compliance Specialist City of Fort Worth Transportation & Public Works (TPW) 200 Texas Street, Fort Worth, TX 76102 Direct: 817-392-7233 Michelle.Hadley-McGhee@fortworthtexas.gov City of Fort Worth — Working together to build a strong community. FORT WORTH.: