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HomeMy WebLinkAboutContract 61572FORTWORTH. CSC No. 61572 CONTRACT FOR THE CONSTRUCTION OF 2024 Concrete Restoration Contract 3 City Project No. 105193 Mattie Parker Mayor David Cooke City Manager Lauren Prieur Interim Director, Transportation and Public Works Department Aw 00 C,� i MARY S. MANNA / •.e°°°°°°°°°°°°e°°°aeso°°.°°....' 106033 dw A Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH, City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 02/08/2024 0021 13 Instructions to Bidders 01/17/2024 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 nn 45 t t Vendor Compliance to State Law Nonresident Bidder 06/27/2011 t vv-rsrT nn rn �c Q Bidders Pf:eq, alifieatioas pr-eq al fieatrO14tat1m?Ht fieatia Appliea4; V�TI7TLC]1T 08, 3/20i mnnr/✓0112oz nan 00 45 1� 00 45 26 Pr-eq tal Contractor Compliance with Workers' Compensation Law z 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 3/08/2024 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 0061 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 03/08/2024 00 73 00 Supplementary Conditions 03/08/2024 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 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 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised March 8, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 32 - Exterior Improvements 32 1123 Flexible Base Courses 3291 19 Topsoil Placement and Finishing of Parkways Division 34 - Transportation 3471 13 1 Traffic Control Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httD://fortworthtexas.gov/tDw/contractors/ or httDs:HaDDs.fortworthtexas.LFov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03/11/2022 0334 13 Controlled Low Strength Material (CLSM) 12/20/2012 03 34 16 Concrete Base Material for Trench Repair 12/20/2012 26--05--10 ..V. Lj4effF, r2-=0r201z for- El o�aa1 ��>z L20/20 �-A�-3-3 �a3��r.1 JOt��t>pl ;stems 12 Division 31- Earthwork 31 00 00 Site rg n� i�i 3123 16 Unclassified Excavation 01/28/2013 31�rz4 00-il°il��—krna .tr, 01 L'f 4 31�1 36 00 Gabiefis 17L7r�7'zv/2viz 0 Ripr-ap 11 i�12 Division 32 - Exterior Improvements 3201 To.v.pe - D 1'f1 /'0/2012f�-2 g ZG�i.'lalt RI. 32 1123 Flexible Base Courses 12/20/2012 32 9 ihn. o Trea4ed Brio r 12i 0/2012 CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised March 8, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 32 1 1 3^7T � Liquid T,-ea4e l Q 1 Ci. � ✓ 1L�'`F !14 /71 /205 �� in -10Knt c wiffg 1 7 /7r QQ'/20 Q �2 Q 7 An*j\t 11 1 /�Q 32 13 13 Concrete Paving 06/10/2022 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/09/2022 32 1373 Concrete Paving Joint Sealants 12/20/2012 �2 14-1C T ��.1- .,t� 1 7 /7zzravrzQQ 32 1723 Pavement Markings 06/10/2022 32 1725 � �2 Curb Address Painting Chain Fenees,,,,ar_, es 11/04/2013 26 �2 29 3232 13 wife F-effees adGates W OE) > offGoS aff G teS Cast -in -Place Concrete Retaining Walls 1�/�12 06/05/2018 3291 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03/11/2022 32 92 13 Sodding seed:„ng 05/13/2021 ncn�21 4 �2 92 13 Non Native N44,-- rarer and Wildflower- Coda:,.,. 10/0� Z7�3 T+eo /.AG'tl U1ll+-S 1 �/�1-2 Division 33 22� - Utilities ., TR...,t.,,lo Tonti 33 0i 3 i 9eWe,- ff d ffg Closed Gifeu t Television /rrTNl Inapao,It' on Ean♦ i."-�-�-� 09,107,12018 ,'ln'l'f 0311 1 /�� ZZ�2 Closed Gir-e ,:t Television (rrTN7 ) Inara�ia�r-�� D�:n 12/0912023 �� , ���� /(�� �� i� (� 22�o �r 11 A E y%.+ • systeffis Teiw B,.,-.,]iog .,,-.,7 hleet«ie ff T.,,.l..tie QQ0,12012 112L2z 22�= 33 04 12 33 04-30 22�no r,.....,.siei r,.,,Afe Test S444effs „sage.. iuf Anode C tT.edie We lotion Fi'4efn To,v,,.er-a y Water- Sefy e rlea+i rg T W.+ef: >,, 17/7 z 1 �/�12 n�/non 0r1/03. 3305 A andA, pt, nee stiiig of ai ffs TT444-yT,.o,.e H.,ea-y.,tie EmT.o,a,...,ent ared Jac4&1ll nn/n T 1 7 N 33-05 12 3305 13 Wa4e - Line Lower-ing Frame, Cover and Grade Rings z 09/09/2022 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade 3305 16 Concrete Water Vaults 12/20/2012 3305 17 Concrete Collars 03/11/2022 1'l1 /'l 33 05 20 �--v�-i�'� 330521 21zT 4-Hii1 Till3l �,z Ii�3 ., z 12/2n/2�n1� 1 / 22 3 Steel Cass -Npe Ind Turrroling 2 0/2012 12,90/2012 33 4 32�o last..11a4ie of Gaf: ie- Pipe i Casing or Ttww.'l z Linef Plate Utility T 4af4Ee 4T ,.e tef: 1/ll z 'f 11 � /�� 33 05 30 f 1=6e.4:,.ft f �.,: ffh.7,- T t �til�rs 1�/2n/201 �>z2 33-ii-e3 33 ii A ZZ�T ReItG, rlutr,, Lm a Gaskets Dtietile Ife Pipe Didet:l Ifo > :ttiogs 12/20/2012 1�/n�22 nn/ T CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised March 8, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 2 11 13Pressure Pipe Bar- Wrapped,Stool Cylinder- T-5Te 1 2 /2 z 2l2 11 11 Burie Stool P;pj ..Un r1�ings 11/r�004!0i2 22 12 2n 1' S t ,1 G4e N7- nvn6/2n1 c Tszzzv �c.�21.�`7''lt .,.� � va-vvrav�� 22�T AWW-A Rubber- Sea4ed R„tteF4 , z/nn /2�9 33 �5 enneevrr40 �� Q CorlD b;m. 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D�17ia1li,.,, mTvirtvzz Division 34 - Transportation 24� T-affie Signals n2n�22 2 n n�nv 11 AtieehfflelftA Gef4P6llei' Gabiiie1 n 5 2^ ^�B2 A4aehffief4 B Gaff4allef: Speeifiea4ien 2^ ^�v3 Attaehmef4 G Software S,. ee fiea4 ..fi n1�. /tea �2111 11 11 Te rT-r- ,pay f�f e rigff,1s 11 / 2/2013 ✓ 1 11 12 U om...,iffg Tr-affie Signals 034 mi/2022 24 4120 n s.,,,....t.r,,,,. 12/20/2012 ��• Illui�i�rrar� �„ 2n n�no,1r n.4,.,.;..1 LED n,,..&w .,T7.:e7:1!%w,wz 06/1 -5 34 n�02 Reew LED P_oGdway D. ,minm-as 06/1 -5 34 n�no3 r r� n 1.., ., r n � 06/1 5/2n1 - ��ai�ti�l � .�,�q.iiq.�roo �>� 24 Al 2n 11/12/2n12 �v �'111:�YtA!Lii"l.11l�S1.3 �� CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised March 8, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1 34 71 13 1 Traffic Control Appendix GC-4.01 GG 4.04 Uttd. G6-4.06 Kla--,ar jeos ��,,;, r�, e�. t r aditiarzak ✓te GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates G4;; lM TJti.?itirs GC-6.10 General Notes GG6.21 N, idisa-imimti an GC-6.25 Standard Construction Details SL-1.00 Street List END OF SECTION Page 5 of 6 03/22/2021 CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised March 8, 2024 City of Fort Worth, Texas Mayor and Council Communication DATE: 05/14/24 M&C FILE NUMBER: M&C 24-0384 LOG NAME: 202024 CONCRETE RESTORATION CONTRACT 3 SUBJECT (CD 6, CD 8, and CD 11) Authorize Execution of a Contract with Capko Concrete Structures, LLC., in the Amount of $2,593,525.00 for the 2024 Concrete Restoration Contract 3 RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Capko Concrete Structures, LLC, in the amount of $2,593,525.00 for the 2024 Concrete Restoration Contract 3 (City Project No. 105193). DISCUSSION: In the Fiscal Year 2024 Pay -Go Contract Street Maintenance Program, various types of street maintenance projects are grouped into specific contract packages. The recommended construction contract outlined in this Mayor and Council Communication (M&C) will provide the reconstruction of failing concrete pavement on the street sections below under the 2024 Concrete Restoration Contract 3 (City Project No. 105193). Street From To (Pioneer Street Bundy Street Trueland Drive (Pecos Street �Trueland Drive Wichita Street Foard Street Martin Street Wilbarger Street Knox Street �Foard Street Nolan Street Nolan Street Martin Street Howard Street Nolan Street Baylor Street Montague Street Howard Street Nolan Street Tallman Street Clearbrook Drive Garden Springs Drive Blue Springs Drive Wagon Wheel Drive ISycamore School Road IStagecoach Street This project was advertised for bid on February 1, 2024, and February 8, 2024, in the Fort Worth Star -Telegram. On February 29, 2024, the following bids were received: Bidders Amount �Capko Concrete Structures, LLC $2,593,525.00 MW Panel Tech $2,673,000.00 In addition to the contract amount, $321,760.00 is required for project management, material testing, and inspection, and $129,680.00 is provided for project contingencies. Funding is budgeted in the General Capital Projects Fund for the TPW Dept Highway & Streets Department for the purpose of funding the 2024 Concrete Restoration Contract 3 project, as appropriated. Construction for this project is expected to start in the summer of 2024 and to be completed by the winter of 2024. Upon completion of the project, there will be no anticipated impact on the General Fund operating budget. M/WBE OFFICE— Capko Concrete Structures LLC. is in compliance with the City's Business Equity Ordinance by committing to 25% MWBE participation on this project. The City's MWBE goal on this project is 25%. This project is located in COUNCIL DISTRICTS 6, 8, and 11 FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the 2024 Concrete Restoration 3 project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 CITY OF FORT WORTH Transportation and Public Works Department 2024 Concrete Restoration Contract 3 City Project No.105193 ADDENDUM NO.1 Addendum No.1: Issued Friday, February 16, 2024 Bid Open Date: Thursday, February 29, 2024 This Addendum forms part of the Plans, Contract Documents, and specifications for the above - referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below, and in the proposal (SECTION 00 41 00). Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The Plans and specification documents for 2024 Concrete Restoration Contract 3, City Project No. 105193, are hereby revised by Addendum No. 1 as follows: I. SPECIFICATIONS & CONTRACT DOCUMENTS: a. SECTION 00 42 43 - Replace the PROPOSAL FORM in its entirety with the attached revised PROPOSAL FORM. b. APPENDIX SL-1 —Street List: The revised Street List is attached. Added Wagon Wheel Road and Clearbrook Drive to the project scope. c. BID TABLE (BT-36AV) — The bid table has been revised in Bonfire to reflect the changes made to the proposal form. d. SUBMISSION INSTRUCTIONS — 24-0128 — The submission instructions have been updated to include Addendum No. 1 under the Requested Information section. This Addendum No. I forms part of the Plans, Specifications, and Contract Documents for the above -referenced project and modifies the original Project Manual and Contract Documents of the same. Acknowledge your receipt of Addendum No. 1 by completing the requested information in the space provided in Section 00 41 00, Bid Form, Page 3 of 3 A signed copy of Addendum No. 1 should be included in the submitted sealed bid at the time of Page 1 of 2 CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.105193 Revised September 14, 2022 Addendum 1 bid submittal. Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. Addendum No. 1 RECEIPT ACKNOWLEDGEMENT: Lauren Prieur, P.E. Director, Transportation and Public Works By: By: Mary P.E. �' , Companyi�A bILb /7/) iL .5 J-gXC-'0ZL5 Senior Capital Projects Officer, TPW Address: PD • 1g✓°►X `1 A ee City: State: 7� Page 2 of 2 2O24 Concrete Restoration Contract 3 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Revised September 14, 2022 Addendum I CITY OF FORT WORTH Transportation and Public Works 2024 Concrete Restoration, Contract 3 City Project No. 105193 ADDENDUM NO. # 1 - END OF SECTION - 2024 Concrete Restoration, Contract 3 City Project No. 105193 ADDENDUM NO. 4 1 0011 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of 2024 Concrete Restoration Contract 3, City Project No. 105193 will be received by the City of Fort Worth via the Procurement Portal httDs://fortworthtexas.bonfirehub.com/uortaU?tab=ouenODDortunities, under the respective Project until 2:00 P.M. CST, Thursday, FEBRUARY 29, 2024. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST in the City Council Chambers. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: https://fortworthtexas.bonfirehub.com/Dortal/?tab=oDenODDortunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non -responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT For technical questions, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en- us Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105193 Revised 2/08/24 0011 13 INVITATION TO BIDDERS Page 2 of 3 To get started with Bonfire, watch this five-minute training video: Vendor Registration and Submission [VIDEO] — Bonfire Vendor Support (gobonfire.com) 1"04eIN49T.1a1JD1 Zej;7191Yto] ► to] alIAX117C� The major work will consist of the (approximate) following: 13,750 SY Remove and Replace 7" Concrete Pavement 2,500 SF Remove and Replace 4" Sidewalk 1,100 SF Remove and Replace Concrete Driveway DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal httt)s:Hfortworthtexas.bonfirehub.com/aortal/?tab=ODenODDortunities, under the respective Project. Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties should indicate their intent to bid in the Procurement Portal by selecting "yes" under the Intent to Bid section. All Addenda will be posted in the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=o_i)en0_n_nortanities, under the respective Proj ect. PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: Wednesday, February 14, 2024 TIME: 10:00 A.M. Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement Portal. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from bonds, grants, etc, and reserved by the City for the Project. CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105193 Revised 2/08/24 0011 13 INVITATION TO BIDDERS ADVERTISEMENT DATES February 1, 2024 February 8, 2024 END OF SECTION Page 3 of 3 CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105193 Revised 2/08/24 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 8 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making electronic Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. OMITTED 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105193 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 8 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. OMITTED 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.1.10. Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105193 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 8 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105193 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 8 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City electrically through the Vendor Discussions section under the respective Project via the Procurement Portal https:Hfortworthtexas.bonfirehub.com/portal/?tab=openOpportunities on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications shall be posted under the respective Project via the Procurement Portal httDs://fortworthtexas.bonfirehub.com/Dortal/?tab=ODenODDOrtunitieS 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105193 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 8 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: httDs:Hcodelibrarv.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents. CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105193 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 8 12.2. All blanks on the Bid Form must be completed and the Bid Form signed electronically or signed in ink and scan. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted electronically in the Procurement Portal on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal httns://fortworthtexas.bonfirehub.com/DortaU?tab=onenODDortunities. CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105193 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 8 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105193 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 8 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httDs://www.ethics.state.tx.us/data/forms/1295/1295.i)df 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105193 Revised/Updated 1/17/24 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) httr)s://vA,vw.ethics.state.tx.us/data/forms/conflict/CIS.i)df. CIQ Form does not apply CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form does not apply CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: Capko Concrete Structures LLC By: John J Capko IV Signature: a v i Title: President / Owner END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 Concrete Restoration Contract 3 osal Workbook (revised per Addendum No.1).xlsx Revised February 24, 2020 City Project Number 5-105193 - Bid Prop 00 41 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: 2024 Concrete Restoration Contract 3 City Project No.: 105193 Units/Sections: 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. "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 2024 Concrete Restoration Contract 3 Revised 9/30/2021 City Project Number 5-105193 - Bid Proposal Workbook (revised per Addendum No.1).xlsx 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. None b. - C. - d. - e. - f. - g. - h. - 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 210 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 Concrete Restoration Contract 3 Revised 9/30/2021 City Project Number 5-105193 - Bid Proposal Workbook (revised per Addendum No.1).xlsx 0041 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Total Bid Total Bid 7. Bid Submittal This Bid is submitted on 2/29/2024 Respectfully submitted, By: (' nature) / John J Capko IV (Printed Name) Title: President / Owner Company: Capko Concrete Structures LLC Address: P.O. Box 426 Azle, Texas 76098 State of Incorporation: Texas Email: john@capkoconcretestructures.com Phone: 682-247-1035 END OF SECTION $2,593,525.00 by the entity named below. Receipt is acknowledged of the Initial following Addenda: (Addendum No. `Addendum No. 2: jAddendum No. 3: NIA JAddendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 Concrete Restoration Contract 3 Revised 9/30/2021 City Project Number 5-105193 - Bid Proposal Workbook (revised per Addendum No.1).xlsx SECTION 00 42 43 PROPOSALFORM This form is provided for reference only. UNIT PRICE BID Please enter bid prices in the Bonfire bidtable. Project Item Information 00 42 43 BID PROPOSAL Pea. l or i Bidder's Application Bidder's Proposal Bid list Item No. Descri tion p Specification Section No. Unit of Measure Bid Quantity I Unit Price I Bid Value 1 2 0135.0201 Remobilization 10241.0401 Remove Concrete Drivewav l 01 7000 i EA 1 I $100,000.001 $100.000.001 3 13213.0401 6" Concrete Driveway 0241 13 i I SF 1 1100 I $3.001 $3,300.001 4 1024 1. 1000 Remove Conc Pvmt 32 1320 1 SF I 1100 I $17.001 $18.700.001 5 13213.0102 7" Concrete Pavement 1 0241 15 1 i SY I 14750 $28.001 $413.000.001 6 13213.0202 7" Concrete Pavement FIES 32 13 13 1 SY I 12000 1 $109.001 $1,308,000.001 1 3213 13 I SY I 2750 1 $138.501 $380,875.001 7 13123.0102 Unclassified Excavation 1 3123 16 CY 200 1 $45.001 $9.000.001 8 13305.0203 Imported Embedment/ Backfill, CLSM 1 3305 10 I CY I 50 1 $150.001 $7,500.00 9 13211.0122 6" Flex base, Tvoe A. GR-2 i 32 1123 CY 500 I $132.001 $68.000.00 10 19999.0001 Concrete H_FS (extra deothl I 32 13 13 I CY I too 2 $00.00 11 13292.0160 Block Sod Replacement$ 329213 I.001 SY 600 $21.001 $12,2,600.00 12 13291,0100 Topsoil I 3291 19 CY 100 I $87.001 $8,700.001 13 13213.0700 Joint Sealant I 32 1373 I LF I 800 $2.001 $1.600.001 14 10241.0300 Remove ADA Ramp j 0241 13 f EA I 16 I $700.001 $11,200.001 15 13213.0506 Barrier Free RamD, Tvve P-l/P-2 I 32 13 20 EA 12 $2,850.00 $34200.00 16 13213.0501 Barrier Free Ramn, Tvoe R-1 1 32 13 20 I EA I 4 I $3,500.00 $14,000.001 17 10241.0100 Remove Sidewalk 1 0241 13 I SF I 2500 $2.00 $5.000.00 18 3213.0301 4" Cone Sidewalk I3305.0106 32 1320 I SF I 2500 $15.00 $37.500.001 19 Manhole Adiustment 1 3305 14 EA I 6 I $500.00 $3.000.00! 20 13217.5001 Curb Address Painting 1 32 1725 EA 10 I $100.00 $1,000.001 21 3232.0100 Cone Ret Wall Adiacent to Sidewalk I3213.0322 1 32 1725 SF 150 I $60.00 $9,000.001 22 Conc Curb at Back of Sidewalk 1 32 1725 LF too 1 $30.001 $3,000.001 23 13305.0111 Valve Box Adiustment 1 3305 14 EA 8 1 $200.001 $1.600.001 24 3213.0311 4" Conc Sidewalk, Adiacent to Curb 1 32 1320 SF 250 I $19.001 $4,750.001 25 13213.0321 Cone Sidewalk, Adiacent to Ret Wall 1 32 13 20 SF 150 1 $30.001 $4,500.001 26 10241.0705 Remove and Replace Mailbox - Brick 1 0241 13 EA I 5 I $800.001 $3,000.00 27 19999.0002 Miscellaneous Utilitv Adiustment (Irrigation) 1 3305 14 I LS I 1 I $t0,0oo.001 $10,000.00 28 19999.0003 Construction Allowance I 00 00 00 I LS I 1 1 $100.000.001 $100,000.00 1 Total Bid $2,593,525.001 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUNMNTS Revised 9/30/2021 2024 Concrete Restorntion Convect 3 City Project Number 5- 105191 - Bid Proposal Workbook (revised per Addondum No, 1).xixx SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 2 That we, Capko Concrete Structures LLC , known as "Bidder" herein and Frankenlnuth Insurance Comoanv_ 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 2024 Concrete Restoration Contract 3 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 29th day of February 2024. PRINCIPAL: Capko Concrete Structures LLC BY: Signature ATTEST: JA2 J, / Witnes as to Principal ( Name Ad Title CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 Concrete Restoration Contract 3 Revised 9/30/2021 City Project No. 105193 Witness as to Surety � Melissa Pitts, Bond Secretary Attach Power of Attorney (Surety) for Attorney -in -Fact Address: PO Box 426 Azle. TX 76098 SURETY: Frankenmuth Insurance Company BY: gnature Jordan Pills, Attorney -In -Fact Name and Title Address; 1206 Apollo Rd #850367 Richardson, TX 75085 Telephone Number: 469-661-0314 00 43 13 BID BOND Page 2 of 2 *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 2024 Concrete Restoration Contract 3 Revised 9/30/2021 City Project No. 105193 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. 0 BIDDER: END OF SECTION By: John J Capko IV !% Signature/ Title: President / Owner Date: 2/29/2024 CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 5-105193 -Bid Proposal Workbook (revised per Addendum No.1).xlsx Revised 9/30/2021 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 105193. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: "0By: J-6 'S l' f-Ga 71!C Company (Please Print) Address biz is, 9f� City/State/Zip THE STATE OF TEXAS § COUNTY OF TARRANT § Signature: y - 4a,06_--W_- Title: )A_.Fk- ( leas Print) BEFORE ME, the undersigned authority, on this day personally appeared JP , known to me to be the person whose name is subscribed to the foregiling instrument, and acknowledged to me that he/she executed the same as the act and deed of for the purposes and consideration therein Jxpressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 20� - - Notary P is in and for the St e kof Texas 37 38 END OF SECTION Shanda Capko My Commission Expires • 8/30/2026 39 Notary ID131705485 CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised July 1, 2011 00 45 40 - 1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: htt_ns://codelibrarv.amleaal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EOUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 25% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REOUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Prot6g6 participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 httDs://anus.fortworthtexas.2ov/Pro_jectResources/ResourcesP/60 - MWBE/Business Equity Utilization 46 Form DVIN 2022 220324._Ddf 47 48 Letter of Intent CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 httns://anus.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.Ddf 3 4 Business Equity Good Faith Effort Form 5 httDs://aDDS.fortworthtexas.Qov/ProiectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN 2022.Ddf 7 8 Business Equity Prime Contractor Waiver Form 9 httDs://aDDS.fortworthtexas.Lov/ProiectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.Ddf 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 46 30 Business Equity Joint Venture Form httns://aDDs.fortworthtexas.Qov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.Ddf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE. THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817) 392-2674. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised October 27, 2021 2024 Concrete Restoration Contract 3 City Project No. 105193 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 05/14/2024, 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 CAPKO CONCRETE STRUCTURES LLC., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2024 CONCRETE RESTORATION CONTRACT 3 CITY PROJECT NUMBER 105193 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, Five Hundred Ninetv-Three Thousand, Five Hundred Twentv-Five and 00/100 Dollars ($2,593,525.00). 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 210 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred Fiftv 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. OFFICIAL RECORD Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: CITY SECRETARY FT. WORTH, TX A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised March 3, 2024 00 52 43 - 2 Agreement Page 2 of 6 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance 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 urovision is specifically intended to overate and be effective even if it is alleged or vroven that all or some of the damages being sought were caused, in whole or in vart. by anv act. omission or negligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised March 3, 2024 00 52 43 - 3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused. in whole or in part, by anv act, omission or negligence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised March 3, 2024 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 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised March 3, 2024 00 52 43 - 5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised March 3, 2024 00 52 43 - 6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: By: ��Guz IV /V John J Capko IV (MayMay' 1, 202413:33 CDT) Signature John J Capko IV (Printed Name) President / Owner Title P.O. Box 426 Address Azle, TX 76098 City/State/Zip May 31, 2024 Date City of Fort Worth By: Jesica McEachein Assistant City Manager Jun 18, 2024 Date 01 puRTao9ad0 Attest: ,p Sao :d °°Qoa?�z9gaa" Jannette Goodall, City Secretary (Seal) M&C: 24-0384 Date: 05/14/2024 Approved as to Form and Legality: Douglas Black (Jun 12, 202410:16 CDT) Douglas W. Black Sr. Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2O24 Concrete Restoration Contract 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105193 Revised March 3, 2024 4)061 1.1- I PCRFORMANCE BOND Peg¢ I of 2 Bond Nu>'nbev. S U R2006605 1 SECTION H bl 13 2 PERFOREMANCE B03ND 3 4 THE STATE OF TEXAS 5 KNOW ALL BY THESE PRESENTS: b COliN` V OF TARRANT § 7 That we, ` Caoko Cuncrete Structures. LLC. , knovni as "Principal- herein and s )~ranlcenmuth Insurance Company , a Corporate SuUn ty(sureti if curve than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whetl>ier one 10 or niore), are held and firmly bound tunto the City of Fort Worth, a municipal corporation created 11 pursuant to the €aws of Texas, known is "City" herein. in the penal sum of, Two Mbflion. Five 12 Hundred hlirle#v_-Th Thottsand, Five Hundred T vmnty-Five and 001100 Dollars 13 ( ,593.Q5_ ), lawful money of the United States, to be paid in Port Worth Tarmt County, 14 Texas for the payment of which !wrn well and freer+ tv he made, we bird uursek6M our heirs, 15 executol'q, admini%tl ators. Successors and assigns, jointly and sevenally, tirinly by these presents. 115 VMEi EAS, the Principal has entered into a certain written contract with the City awarded 17 the 14th day of May. �024 which Contract 4 hereby refeived to aid made 2t pert hereof for all 18 purpoeses as if full} set forth herein, to furnish at rnateri s. q uipment Taber and other ac=surieS 11) defined by taw. in the prosecution of the Work, including any Changs Orders, a!; prop►€clod for in 20 said Contract designated as 2024 Concrete Restaration Contract 3, City Project No. 105 €93 21 NOW, THFKREFORE� the condition of this obligation is such that if the said Principal 22 $Nall faithfully perform it obligations under the Contract and shall in all respects duly and fnithf'u€Iy 23 perform oche Work. including Change Orders, under the Conuuct, accurding to the plans, 24 specifications, arA contract documents the:rcin referred to, and a5 well during any period of 25 extension of the Contract that inay be granted on the part of the City, then this obligation shall be 2(i acid became null and void, otherwise to ramain in full force and effect. 27 PROVIIIER FURTHER, that if any legal action be tiled on this Bonet[, venuex shall lie in 28 Tarrant County, Texas of the United States District Couct f'ixr the Nurthern District of Texas. Fnrt 29 VUarth Divisiorf_ 30 This bond is made and executed in compliance with the provisions of Cliapter2153 ofthe 31 Texas Goverrirnent Code, as amended, and all liabilities on this hand shall M determined in 32 ace ordance with the pray€sions 0f said statue. CITY FtUrcrWOR111 2924OwicrewP.ewminmCabot3 STANDARD CONSTRUCTION SPFCTFIC'ATf0N QoCUMEN'1'S CilyProjectKu. MI -)a Ruyiu4J Ueceinbu 8. 2t}21 (061 13-2 eERMRMAW E k3ONI) Pine 2 a � IN WITNESS WHEREOF, the Principal and the Surly have S IC NED and SEALED this instrument by drily authorized agents and officers on this the �� � day of Mk 3 , 20, 4 5 6 7 8 9 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 24 30 31 32 33 34 35 36 ATTr—ST: Pti»capul}Secretary Wig ss as lU prirlzia Witness as to Surety PRINCIPAL: Capko Concrete Structures, LL BY; r� Signature Name aegl Title Address_ PO Box 426 Axle, TA 7608 SURETY: Frax kenmuth Insurance Company Jordan Pitts, Attorney-In-leac`t Name ai Title— — Address. One Mutual Ave _'Frtulkenmuth, MI 487,97 'telephone Nuinher, 469-661-0514 Einail Address: jP1M PfttSb1[rdSon _gore 37 'Note: Ifsigned by an off!cer of tine Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is diflmnt from its maiImg address, bolls must he provided _ 40 The Mate of the bond shal l not be prior to tlhe date the Contract is awarded, 41 CITY OF FORT WORTH 2024 Cancreue Rcmwaim Con= 3 STANDARD COWTRUCTlt3N SPECIFICATWN I>XUMEN S City Prn3ed Nd 1115143 t,;)vjged N"i0wr & 2Sa3 DO6k 1#- 1 PAYMENT1iND pose 1 or Bond Number: SUR200605 I SECTION 00 bl 14 ? PA` ME T BON D 3 4 THESTATiEOFTEXAS 5 KNOW ALL BY TH ESE PRESENTS: b COUNTY OF TA1ItEtANT 7 '['hat we. J ['aRk . UrlC to Stnlctures. LIX known as "Principal" herein, and a Fran kenrnuth Instimncc Company , a corporate surety 9 (suiedes}, duty authori2od to do business in the Mate of Texas, known as wety" herein (whether to one or mono), are held acid firmly bound unto the City of Font Worth, a M1jFjicipol corprrrati011 t I created pursuant to the laws of the State of Texas. known as'�City"herein, in the pelial sum oI'Two 12 Million. Five Handred Ninety -Three Thousand. Five Hundred Tweet -Five aad 001100 Dul14m 13 ($2.51J.525.001, lawful honey of thu Unitod Mates, to be paid in Fort Worth, Tarrani County, 14 Texas. for the payment of which sum well and truly be made, we bind ourselves, our heirs, 15 executors, adininistraurs, successors and assigns, jointly and severally, firmly by these presents: tb WHEREAS, Principal has entei-ed into a certatu written Contract with City, awarded the 17 I dth clay oFMay, 2OL4, which Contract is hereby referred to and made a part hereof for ail purposes 18 as iffLdlyset forth heroin, to furnish ail materials, equipment, labor and other accesseriesas defined 19 by law, in the prosecution of the Work as provided for in said Conti -act and designated as 2024 20 Concrete f xstoralkin Contract 3, City Project No. 105193. 21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 22 Prinelpai shall pay all monies owing to any hand all) payment bond beneficiary (as defined In 2,i Chapter 2253 of the Texas Governmerkt Code, as amended) in the prosecution of the Work under 24 the Contract, then this ohliption shuU be and become 11UJI and void, otherwise to remain in full 25 fame and effact_ 26 This bond is made and executed 1n complionlce with the provisions ofChe.pter.2253 vfthe 27 Texas Government Cade, as amended; and all liabilities on this bond shall be dmrrnined in 28 accordance with the provisions of said statute, 29 CRY OF FORT WOR 1'31 2024 CawreW R4WmLim Caow-t 3 STANDAFUDC[lt+ S RUCTION SPECIFICATION WCUMEN M City Poo�ca Na 1050-1 [{wised UbLxih6 r 8. 2023 OO TA W - 2 PAYMENT BOND Page 2 trP 2 I IN WITN JE-S.q WHFIREOF, the Priildpal and Surety have each SIGNED and SEALED 2 this iftstrument by duly authorized agents and of k�m on this the 3.0*1" day of 3 --JIAI _ ,o . 4 5 b 7 8 9 10 12 ATTFST-, Principal) SLrreta y q ld 10A I N 1A11 �;Ji ess as to PrrtICLl3al ATTEST: ti {Surety) Secretary- Melissa Pitts A&- - Witness as Surety PRINCIPAL' ( apko Concrete Strictures, LL BY: ature ' Name and Title Address: VO Box 426 Aalc. TX 76098 SURETY., Frankenmuth Insurance Gam arty #3 Y' Signa Jordan Pitts, Attorney-ln-Face Tame and Title Address: One Mutual Ave Fran ken rnutlh. MT U787 Telephunc Number_ 469_-661-0314 Email Address: j.pitts ittsbirds2a& om Note, If signed by an ofiicer of (lie Surety, there roost be on file a certified extract fun the bylaws showing that this person has authoriry to sign such obligation, If Surety's physical address is different from its maiIingaddre��, bud, must be provided, The date of the band shaII not be pri❑r to the date the Contract ig 2Iwarded_ C ITY OF FORT WORTH 2C24 Cux rae tkeA(4miun Comma 3 Srl'h#UARD CONS UCTirl14 SPECLI:LCATION DOCUMEWELi City Prajecr No. U15193 J m-med Uvmn4er 8_ =1 IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDER IMPORTANT NOTICE AVISO IMPORTANTE To obtain informa#lvn or mere a complaint. You may call Frankenmuth Mutual [Psurance Company toll -free teleptione number "or information or to make a comp9airnt at 1-704-421-7002 You may also write to Frankenmuth Mutual tnstirance Company at: Frankenmuth Mutual Insurance Company One Mutual Avenue Frankunrnuth, MI 48707 You may contact the Texas Department of Insurance to obtain Information an companies, coverages, rights or complaints at: 1-800-25 2-3439 You may write the Texas Departmrnt of Insurance P.O. Box 149091 Austin, TX 78714-9091 Fax; (512) 490-1007 Weis: http:llwww.tdi,texas. gov E-mail: ConsLime(Protection@tcli.texas.gov ?REM ILIM OR CLAIM DISPUTES' Should you have a dispule concerning your premium or about a claim you should contact the Frankenmuth Mutual Insurance Company first, If the dispute is not resolved, you may Contact the Texas Department of Insurance. ATTACH THIS NOTICE. TO YOUR POLICY: This no#ice is for information only and does not become a part or condition of the atlachea document. Para obtener infarmr scion o para someter una queja: Usted puede Ilernar al numero tie teJefono gratis de Frankenmuth Mutual Insurance Company para information o pora someter una queja al, 1-704-421-700 2 t.Isted tambi6n puede es&bir a Frankenmuth Mutual Insurance Company: Frankenmuth Mutual Insurance Company One Mutual Avenue Frankenmuth, MI 48787 Puede comunrcarse can el Departamento de Seguros de Texas para obtener lriformacio+l acerea de companias, coberturas, derechos o quoos �1I: 1-800-252-3439 Puede escribir al Departamento de Seguros tie Texas" P_O_ BOX 149091 Austin, TX 78714-9091 Fax: (512) 494-1007 Web' hftp'1hmww.tdi_texas.gov E-mall' OonsumerProtection@tdi.texas_gov DISPUTAS SOBRE PRWA9 D RECLAMOS: Si tiene Una dtsputa concerrnternte a su prima o a un reclarno, debe corntinivarse can el Frankenmuth Mutual Jnsurarnce Company primero. Si roo se rasuelve Ia ("sputa, puede entonces cornunicarse con el departamento (TDI) UINA EST AVISO A SO P0LI A: EVe aviso es solo para proposito de information y no se convierte ern parte o condlcion del dacumenta adjunto. 00 MLOO42 44 04 16 Page 1 of 1 FRAN KEN MUTH IN GRANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS.. rhaI Frankenmuth Insurartee Company (the "Company"). a eorpora[iDn duly otganiaad and existing under the lows Of the SIaSc of Michigan, hewing its principal office at I Mutual Aaenue, Erankenmuft Michigan 48787, dons hereby nnrriiUlu . consulate and appuin1; .Jordan Pitts, Lloyd Ray Pitts Jr,, William D. Birdsong Their true aml [awful altorney(5} in face, each in their separate cKmcity if morn than om is named above, to make, execute, seal. acknowledge and deliver any and all bonds. con[racts and undertakings of Atarttyship, with the extcpplon of Financial Guaranty Irisrlrence, provided, ianwcver. that the penal sum of any ogre such instrument shall iwt exceed the sum of: Ftf1<y Million and 00/100 Dollars ($50,000,000) Thig Power of Attorney is Scanted pursuant to ncv. following RcsolWkm duly adopted al a rnecting of the Board ar Direc[ors of FrankenFnefh Insurance Company; ',RESOLVED. Ihal the President. SrHiDF Vice Pmlidew or Vice President and cash of them under their respective designations, hereby is authorized t❑ exeCu[e powers of alloulcy, and such authority cats be execu[cd by use of Fac,similc signature. Which MAY be Attested or ackrm wledgai by any officer of the Company, qualifying The attor[tcy(s) named ira the given power of Eknomey, to execute on behalf of. and acknowledge as the aeI and deed of Franlcenmulh Insurance Company on 011 bonds. COWFacis and underlakiaigs of surety3hip, and [a aff X Ikle corporate seal thUdto." IN WITIN M WHEREOF, the Company ha&cauln"I these: presenls to bo signed and attested by its apprupriale officars and its corpora[k- seal fie raamW"QC4 this 151h day of Dec -Jr , 202 2- Franhenmulh Imarance Corn n OF A } ss: NLLW P� y Fredcricir A- Edmond, Jr-, Pmmden{ and Chicf Executive Officer Sworn W Wom rnc, a Notary Pub Iic to the State of Michigan, t►y Frcderick A. Edmond 1r,. 10 rile Mrsanal[y known to be the irid ividwl and officer described in, and who executt!d the precedin& instrumem, deposed and said the Corporate Seal and his signalot @ir were affixed and suhsortbed 10 said inoruincnI by the authnfiiy Gf the Company. % � % •% V� I TESTIMONY WHEREOF, I have set my hand, and affixed my Of -Mia[ Scat Ihts I1h day of Perernber, 2022■` O ~ ty Susan L- Ft'esorgar, Notar�111il Saginaw County. 5takOfMich igau ?'d{�r d My Commasion Expires- April 3, 2028 c I, the undersigned. ExccutiV4 Vice President of Frarikcnmuth InsuranceCompany, do hereby certify Iha[ the f6mgoing is a in1C. correct and complete copy Of the uri0a] Pow,-F 0rA[torney: Oat said PiDwer of Attorney etas nol been revolted or rescinded and is in FU11 farce and affect as of i his da[e- [N WIi']VM WHEREOF. [ have set my hand and affixed the Seal of the Cnm y. this eijay of d kA(4. Andrew H- Knudsen, Exmwive Vice President, ChtCf Operwing Officer XRSI &fcFerary ALL G'URRESPONDEVCE REL4Tr D TO RO,VD VALIRATWN ANDIOR A CLAIM SHOULo BE DIRECTED TO VP SUREIT, 701 U. S. NOii',f'E ONE, SVITE 1. YA JkMOUTH, US 0406 10Gl 19.1 MIAINT�NANC17 S<*D Page I aC3 Bond NLimber: SUR2006605 SECTION 00 6119 2 MAIN TFNANCF, BOND 3 4 THE STATF OF TFXAS 5 KNOW ALL BY THFSE PRFS ENTS: 6 COUNTY OFTARRANT § 7 That we CanU__Qp orete Structures. LLC known as "Principal" herein and 8 Frankenmuth J=rance CornDanyr , a corporate surety (sureties, if mare than 9 one) duly authorized to do business in the State of Texas, known as *'Sumty" kNin (whether one 10 or more), are held and firmly bound auto the City of Fart Worth, a municipal corporation created t I pursuant to the laws or the State of Texas. known as "City" herein. in the sum of Two Million. Five 12 HondredNinety-Three ndtfive Hundred twenw-FivaendO(VI00 Dollars($ 13 lawful money of the United States, to be paid in Fart Worth, Tarrant County, Texas, for payment 14 of which sum well and trufy be made lento the City and its successms, we bM ourseives, our heirs, 5 exeeular5, administratars, succonars And assigns, jointly and severally, firmly by these presents, 16 17 WHERFAS, the Principal has entered into a certain written contract with the City awarded Is the 14th day of May, 2024, which Contract is hemby referred to grid a made per# hereof for a I I 19 purposes as if fully set forth herein, to furnish a!I mated ais, equipmeat labor and other accessories 20 a-,� defined by law, in the prosecution of the Work, including any Work resuitmg warn a duly 21 Authorized Change Order (collectively hmin, the "Work") as provided for in said contract and 22 designated as 2024 Concrete Restoration Contract 3, City Project No. 105193; and 23 24 WREREAS. Principal birEds itself to use such matcria]s and to so construct the Work in 25 accordance with the plans, s;ecifications and Contract Documents that the Work is and will remain 26 free from 4ef" in materials or workmanship for and during the period of Iwo (2) yearit alter the 27 date of Final Acceptance of the Work by tho City {'Maintenance Period"); and 29 2() WHEREAS, Pfim;ipaI binds itselfto repair or reconstruct the Work in whale or in part upon 30 receiving notice from the City of the need theEeIvr at any time within the Mai nictiance Period. 31 CHOF MRT WORTH 2U24 ❑ xKFee Ream icon Contract 3 STANDARDCONSIRU ON SPECIMAT1OH pOCUME NTS Ciq Project Ph IG5193 Revmcd DcLvrnhm S, 2 3 0061 19.3 MAIN ENKNUF: BOND Page 2 of .3 1 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy I any defective Work, for which timely notice was pravided by wiry, to a cornpietion satisfactory to 3 the City. then this obligation shall beCGMe rl tdl grid void, otherwise to remaiq in full force and 4 effect. 5 b PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defeclive Woit it is agreed that the City may cause any and all such defective WoLt to be 8 tepmiFud and/or reconstructed with all associated costs thereof being IX)me by t!e PriflcipaI and flit; 9 Surety under this Maintenance bunt/; and 10 1 I PROVIDED FUR'FH EK that if any legal action be fired on this Bond, venue shatI lie in 12 `F'armt County, Tt:xas or the United States District Court for the Northern District of Texas, Fort 13 Worth Division; and 14 15 PROV[D>EsDFURTHER, thatthisohligatinnshallbecontinuousinnatureandsw,"z;Sive 16 recoveries may be had hereon for wo"e ,sive breaches. 17 19 19 MY OF i--m'f WORTH D24 C'unm4e Reslamlinn C oiwiyw 3 STANDAR1} C'U11S'1RR.1C`n0N SPECIFICATLIM MarML•N 15 Ufty Prayct No. I05I93 Revisud D cemhm B. X23 0061 19-] mA& rENANCE BOND PW 3 of] I IN WITNESS WHEREOF, tiie Principal and the Surety have "ch SI NED and SEALV0 this 2 insutilnEnt by duly authorized agents and officers on this the day of 3 , 21i- 5 6 7 S 9 io ]l 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 .34 35 36 37 IR 39 40 41 42 ATTEST: r (1'rinci�a j Se.�re#gry �4ri Principal ATTEST: a f l arety} Sec rct �y Iissa Pitts witftSS as u SUM)' PRIN{_IPA L- Capko Concrete Structures, LLC BY; tii�o�,ture � Name afad Title Address: PO Sax 426 Axle, TX 76098 SURETY; 1~raakenmuth Insuran" CampeAy 13 Y: re kordan Pitts, Attorney -In -Fact Narne and Title — Address. Ono Mutual Ave Fran cUnrr�i, NlI 487,87 ieiepIlDne Number- 469-661-0314 Email Address. jpius@pittSkrirdconecom *Note. if signed by an officer of die Surety Company, them must be un file a certified extract from the ley -laws showing that this person has authority to sign such obligation. if Surety's physical address is different (tarn its mai I ing address, batli must be provided. The date of the bond shall not be prior to the elate the Contract is awarded. C LTV OF FDR3. WOR'P11 2024 Comrcu Reiloratir a CUVEW b STANDARD CDNS3•RUCTION 5PECa;Kd A_MN DOCUMFNTS City ProjM1 No- 105193 Rea iced Decembrr & 2023 IMPORTANT NOTICE TO ALL TEXAS POLICYHOLDERS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a Complaint - You rflay call Frankenmuth Mutual Insurance Company toll -free telephone nurnber for information or to make a complaint at'. 1-704-421-7a02 YOU may also write to Frankenmuth Mutual Jnsurance OcFmpany at: Frankanmuth Mutual Insurance CarnparMy One Mutual Avenue Frankenmuth, MI 48787 You may c"ot the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at'. 1-800-252 -3439 You may write the Texas Department of Insurance: P.C. Box k48fl Austin, TX 78714-9091 Fax, (512) 490-1007 Web: http lAwm.tdi. texas. gov E-mail: ConsumerPfotaction@tdf-temas.gov PREMIUM OR CLAIM DISPUTES: Shoup you have 9 dispute concerning your premium or about a claim you should contact the Frankenmulh Mutual Insurance Carnpany first. If the dispute is not resolved, you inay contact the Texas Department of Insurance, ATTACH THIS NOTICE TO YOUR POLICY. This notice Is for information only and does not become a paf# or conoMon of the 2ttachod document Para obtaner informiaC:on 0 para somater una wefa- t_Isted puede Ilan or al numero de telefono gratis de Prankenmuth Mutual Insurance Company para aMormacion o para someter :Ara queja al: 1-704-421-7002 Usted tambi6n puede escrlbir a Frankenmuth Mutual Insurance Company: Frankenmuth Mutual Ins[iwce Company One Mutual Avenue Frankenmuth, MI 48787 Puede cornunicarse con el Departarnunto do Seguros de Texas para oftener informacion acerca de companias, coberturas, durechos o goeias aI- I-NO-2662-3439 Puede escrlbir al J7epartamento de Seguras de Texas: P_O_ Box 149Q91 Austin_ TX 76714-9091 Fax, (512) 49,E-1007 Web: http:/AvNw.tdi.texas.gov E-mail: Cons umerPmWctJon tdi,texas,gov OISPUTAS SOBRE PRIMAS 0 RECLAMOS: Si Ilene urea disputa concem;enle a su prima o a un rec!amo. Clete comunicarse can ei Frankenawth Mwuaf Insurance Company primero, Si no se resae�ve I.�j d€Sputa. puede entances comunicarse can el departarnento (T01). UNA E TE AVISO A SUI POLIZA: Este aviso as solo para preposite de informacion y no se oonvierte en pane a condieion del documento adjunto, 00 ML0042 44 04 16 Page 1 cf r FRANKENNIUTH IftiSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN 8Y THESE PRESENTS, iha[ Fran kenmugh lw%ran u Compsrty 0hu "Company"), a corporal ioa duly organized and exis[iFig under the laws or Phe state of Michigan, havang its principal Office a J Mu[taal Avenue, ]"rankenmuth, Michigan 48787, does hereby timiinste, constitute antf appoint; Jordan Pits, Lloyd Ray Pitts Jr., William D. Birdsong Their [rur< and lawful 5uorney(s)-in-fact, caCb ur tlteir Separate -Capacity if more than Otte is na intd above. to mane, execute, seal. acknowledge and deliver any antl ait bonds, contrac[s and tYadertakings of suratyship, With the excepuion of Financial Guaranty Insurance, Provided, howcvcr, that the pedal sum of any one such instruinem Shull no[ exceed 1he sum ors Fifty Million and 001100 Dollars 450,000,000;.1 This Power of Attorney is granted pursuant trn )tic firliowing Resolutina duly adopted ai a meeting of the Board or Directors of Frankeitruu[h Insurance Company: "RESOLVED, thou 117t: President. SCnior Vice President or Vice President and each of [hem under Chair respective desigrunieom. hereby is authorized ru exccu[c powers of attorney, and such authority cats be executed by use of facsimile signal wer. which may be at[es[ed or ackii ow ledgcd by any officer of lbt: Company, qualifying the attorneys) named in the given power of attorney, tp execute on behalf nf, and acknowledge as the act and deed of Frnnke+imuth Insurance Company on all bonds, conlfacts and undertakings of surelyship, and to affix the corpnratr, seal thereto." IN WITNESS WHEREOF, the Company 11ascauscd those presents 10 bcsjgtted and attested by its appropriaie officers and its corparate seal l,ere.rrtt[ i1 Bred this 15th day of fiber, 2022- ai XVP Sw'*ti �rankea7muth Insurne Company � r� ' ? Fr6dcriek A. Edmond. Jr., ,r { president and Chief Executive Officer 41 W M s: Sworn to before nte, a Notary Public in the Swte of Michigan, by 17-rederick A. Edmond, IF.. to me petsonatly known 10 be the individual and officer described on, and who executed the Preceding instrument, deposed and said the Corposatc Seal and his signatu were affixed and subscribed to said Iti54UMCM by the aulhnrl[y of the Company. IN TE TINTONY WHER.190F. Ihave set my hand- and affixW my Official Seal this 151h day of tembcr, 202�� V ` (Seal) Susan L Fresorgcr, Na[�PIi, Y. �+ Saginaw County. State of Michigan My Commission Expires' April 3, 2028 b ► d%; I, the undersigned, Executive Vice President of Frankeerriulh Insurance C'csmpany, do hCFcby c£rtlfy that the fore$uing is a Irue. correc[ and complete copy of the origmaI Power or AwNfley; that said Power of A[torrtey has trot l-en ruYoked -or rescinded and is in full force and affect a►s of thisdate- IN WITNESS WHEREOF. i haVe set my hand and affixed the Seal ofth Com Ns VP day of -A&Y s . Andmw !'i. Knudsen. Executive Vice Presiders, Chief Operattrtg €officer And Secretary ALL CORRESPONDENCE RELATED 1`0 BOVD Yr{UDAT✓<ON ANLVOR A CLAIM SHOULD BE DIRECTED rg VP SUETY, 7010.5. ROUTE OjV1;, 5 uITE 1. Yet RhfapilTH. ME 04096 DESCRIPTIONS (Continued from Pepe i) AA2130 108120 - CinclPlus Buslness Auto XC+ lExpafldad Coverage Plus) Endorsement CG2503 GrV09 - Designated Constructlon Project(sl General Aggregate Llm[t CG2504 M09 Designated Locatidn(sj General Aggregate Limit Project- 2024 Concrete Restoration Contract 2 City Project #105193 City of Fort Worth & Its affiliates, their respective employees and agents, members, managers, officers & owners are included as a blanket additional insured on the General Lla.blNty, Automobile and Umbrella policies only when them is a written contract between the tamed insured and the certificate holder that requires such status - City of Fork worth & its affiliates, their respective employees and agerttsr members, managers. officers & owners are provided blanket Primary and NonContributory status on the General Liability policy only when there is a wriiten contract between the named insured and the certificate holder that requires such wording. City of Fort Worth & its affiliates. their respective employees and agents, members. managers, officers & owners are provided blanket Waiver of subrogation status on the General Liability, Automobile, Workers Cc rnpens ati on and Umbrella coverage only when there is a written -contract between the gamed insurer! end the certificate ho[der that requires such wording, City of Fort Worth 9 its affiliates, their respective erployees and agents, members, managers, officers & owners are provided on the General Liability, Automobile Liability. Workers Compensation and Urn bra Ito liability policies a blanket notice of cancellation, providing for (30) days advance written notice if the policy is cancelled by the company, or 10 days written notice before the policy Is cancelled for nonpayment of premium. Notre is Sent to tortlflCate holders with mailing addresses on file with the agent or the company. The endorsement does not provide for notice of cancellation to the certificate holder if the named Insured requests cancellation_ Umbrella follows form In regards to the General Liability, Autornoblle and Workers' Corn pensatian policies, SAGFTTA 25.3 [201V03) 2 of 2 #9144039061M13924937 FORT WORTH,.., Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE:2024 Concrete Restoration. Contract 3 M&C: 24-0384 CPN: 105193 CSO: 61572 Date: 06/06/24 To: Name 1. Donnette Murphy 2. Patricia Wadsack 3. Lauren Prieur 4. Priscilla Ramirez 5. Doug Black 6. Jesica McEachern 7 Ronald Gonzales 8 Janette Goodall 9 Allison Tidwell 10. TPW Contracts Department Initials Risk -Approver TPW-Approver pL TPW-Signer Legal -Approver - Legal -Signer I ACM -Signer �n CSCO-Approver P CSCO-Signer 7-40-- CSCO-Form Filler !s- TPW DOCM Date Out 06/10/24 06/11 /24 06/11 /24 06/11 /24 36/12/24 36/18/24 )6/18/24 06/18/24 06/18/24 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: ❑YES ®No SAME DAY: []YES []No NEXT DAY: []YES ❑No ROUTING TO CSO: ®YES ❑No Action Re aired:, ❑ 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@fortworthtexas.gov for pickup when complete. Call eat. 7233 or ext. 8363 with questions. Thank you! FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2024 Concrete Restoration. Contract 3 M&C: 24-0384 CPN: 105193 Date: 05/29/24 To: Name 1. John Capko IV/Capko Conc. 2. Proj. Mgr.: Iretomiwa Otuyelu 3. Michelle Hadley -McGhee 4. 5. 6. 7 8 9 10. CSO: Department Initials Vendor -Signer TPW-Signer TPW-Review - DOC#: 1 Date Out 05/31/24 06/04/24 06/06/24 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: []YES ®No RUSH: []YES ®No SAME DAY: DYES ❑No NEXT DAY: DYES ❑No ROUTING TO CSO: ®YES ❑No Action Required: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(afor•tworthtexas.gov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! 0 Bond Verification From: Jordan Pitts To: svc. Aailoft Cc: TPW Contracts Subject: Re: PLEASE REPLY - BOND VERIFICATION REQUEST, CPN #105193 ID:[f7y3k/4959/986] Date: Tuesday, June 4, 2024 5:11:42 PM 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. Confirmed Sent from my iPhone On Jun 4, 2024, at 3:38 PM, agiloftsvc@fortworthtexas.gov wrote 06/04/2024 Good afternoon Jordan. The City of Fort Worth is in receipt of the following referenced bond(s) — BOND #SUR2006605, in the amount of $2,593,252.00 (Two Million Five Hundred Ninety -Three Thousand Two Hundred Fifty -Two and 00/100 Dollars), from Capko Concrete Structures LLC, for City Project #105193 (2024 Concrete Restoration, Contract 3). Please provide confirmation that both the bond(s) and dollar amount(s) are valid. Your prompt attention to this matter is greatly appreciated! If there are additional questions or concerns, please do not hesitate to contact me at, michelle.hadlev- mcoheeafortworthtexas.aov, or by phone, 817-392-7233. Should this request have reached you in error, or needs to be directed elsewhere, please be so kind to provide the name of the contact, with both an email address & phone number of the person or department being referenced. It is appreciated. �ookuiS�62wa2d � �7o7o2eciatine, Michelle Hadley -McGhee Contract Compliance Specialist City of Fort Worth Transportation & Public Works (TPW) 200 Texas Street, Fort Worth, TX 76102 Direct: 817-392-7233 Michel le.Hadlev-MCGhee(@fortworthtexas.gov Fort Worth U Working together to build a strong community. Contract Title: - Construction Contract - Contract Start Date: Contract End Date: