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Contract 62063
FORT WORTH® CONTRACT FOR THE CONSTRUCTION OF 2024 Concrete Reconstruction Contract 2 Mattie Parker Mayor City Project No. 105119 Lauren Prieur David Cooke City Manager Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2024 CSC No. 62063 � �� � �� � � Cit of FortWorth Y Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Page 1 of 8 Last Revised 00 OS 10 Ma or and Council Communication 07/O1/2011 nn�� n a� n� in�T 00 11 13 Invitation to Bidders 02/08/2024 00 21 13 Instructions to Bidders O1/17/2024 00 35 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Pro osal Form Unit Price O1/20/2012 00 43 13 Bid Bond 09/11/2017 00 43 37 Vendor Com liance to State Law Nonresident Bidder 06/27/2011 00 45 11 Bidders Pre uali�cations 08/13/20ll 00 45 12 Pre ualification Statement 09/30/2021 00 45 13 Pre ualification A lication 08/13/2021 00 45 26 Contractor Com liance with Workers' Com ensation Law 07/O1/2011 00 45 40 Business E uit Goal 06/07/2024 00 52 43 A eement 3/08/2024 00 61 13 Performance Bond 12/08/2023 00 61 14 Pa ment Bond 12/08/2023 00 61 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/O1/2011 00 72 00 General Conditions 03/08/2024 00 73 00 Su lementa Conditions 03/08/2024 Division Ol - General Re uirements Last Revised O1 11 00 Summar of Work 12/20/2012 O1 25 00 Substitution Procedures 07/O1/2011 O1 31 19 Preconstruction Meetin 08/17/2012 O1 31 20 Pro�ect Meetin s 07/O1/2011 O1 32 16 Construction Schedule 10/06/2023 O1 32 33 Preconstruction Video 07/O1/2011 O1 33 00 Submittals 12/20/2012 O1 35 13 S ecial Pro�ect Procedures 03/11/2022 O1 45 23 Testin and Ins ection Services 03/09/2020 O1 50 00 Tem orar Facilities and Controls 07/O1/2011 O1 55 26 Street Use Permit and Modifications to Traffic Control 03/22/2021 O1 57 13 Storm Water Pollution Prevention Plan 07/O1/20ll O1 58 13 Tem ora Pro'ect Si na e 07/O1/2011 O1 60 00 Product Re uirements 03/09/2020 O1 66 00 Product Stora e and Handlin Re uirements 07/O1/2011 O1 70 00 Mobilization and Remobilization 11/22/2016 O1 71 23 Construction Stakin and Surve 02/14/2018 O1 74 23 Cleanin 07/O1/2011 O1 77 19 Closeout Re uirements 03/22/2021 O1 78 23 O eration and Maintenance Data 12/20/2012 O1 78 39 Pro�ect Record Documents 07/O1/2011 CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 8 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Date Division 02 - Existin Conditions Modified m n i i� coio,.�:.,o c:.o r�o,..,,i;�;,.r �� � . . � �---- • � --...... ���� ...-, _,,, � � � �� '- - . �� �� �� �� � - ..�.,- Division 32 - Exterior Im rovements � ��� � ��� � ��� 32 11 23 Fle�ble Base Courses �� i i �n r; o rr..o„�oa u,,,,o �,.,,,-�o� �� ���� �v,.,vr� rr,-o,,.oa �,,,.o r�,.,,,-,.o.. � ��T � ��o � �� ��� � ��-z, ��� � ��o � � ��� � ��o � 1�si v- i� 2'1�� 21�� '27 21 1 2 !'�L..,,.� L'o,�,.o� .,.�,1 !`_.,�o� T��TT7 2'1 21 'lti V7I7;«„ L',,.. „ ....,7 /-'_.,�„� �rry �� �i �n �v�,.a �,.r,,,,,, .,,.a n_,,.,,� �� CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 8 � ��� 32 91 19 To soil Placement and Finishin of Parkwa s �� n� i � �� �� n� i n �� �� n� i c �� �� n� n� rr.-oo� „�a et„-„�� �� � � „ � � � � - ' - = i•� — -- — �. � '- �. �� ., . . �. � �. . � „ �. � � � . � � . � � . ,,. . � � . _ � � _ � � � ._ .. ., � - ' - � . � - � � . . � � „ _ � � � .. . - � � - -- ' - ■ .. � . . ��._ __ �— — . . . � � � .'J" � � � I� � ■ � � � �.,,.� ' ��' ' � �' ' ♦ .�. ♦ � � �� � �. � � _ � � � � � � � � _ � - " \' �' ' ' "' - \ � - � " ' � •����...,.�'��'. y�..��..�..�.�'������".""��,..:..,,.�. � ' .. ' CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 8 S ecial S ecification 99 99 00 Geo rid, Tensar TriAX140-475 Technical Specif'ications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httn:Ufortworthtexas.�ov/tpw/contractors/ or https:Uanus.fortworthtexas.�ov/ProiectResources/ CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTiON SPi:CTFICATION DOCUMENTS Division 02 - Existin Conditions 02 41 13 Selective Site Demolition m n i i n r r�;i;�., n,,,..,...,,i i n t.,.ra,.,, va-rrr� 02 41 15 � Paving Removal Division 03 - Concrete Page 5 of 8 Last Revised 03/ 11 /2022 i�i��i 02/02/2016 03 30 00 Cast-In-Place Concrete 03/11/2022 03 34 13 Controlled Low Stren th Material CLSM 12/20/2012 03 34 16 Concrete Base Material for Trench Re air 12/20/2012 9�-8&g9 , � ���� � ��!'lHSf!!�iT.� N .R.TS'��T,� � Division 31- Earthwork 31 00 00 Site Clearin 03/22/2021 31 23 16 Unclassified Excavation O1/28/2013 � i�� � ni i��i��� � ��rzTvv �H�S n � ��vr�vr��iv i� � i �c nn �,.,.,,:�� ,.ra c,.a:...,,�� r,.�...,.i nn i�ni�n�i �-rz�-vv v�rz�r�vzz 2i�no � t�i��z �i �� nn i�i�ni�ni� 7-1�7--vv r�i-z-vravzz Division 32 - Exterior Im rovements � ��T , � ���� � ��� , � ���� 2� ni �n i�i�ni�ni� TL-vTL7 rtrz-vravzz 32 11 23 Fle�ble Base Courses 12/20/2012 32 11 29 Lime Treated Base Courses 12/20/2012 ���� r,,...,,�� rr..,.,,�,,,� a.,,.,, r,..,,.,,,,,, ntiii�z � ��T �,4�z,��T� �� ti in��T 2 ��� � � ��r�rLvriviz 32 13 13 Concrete Pavin 06/10/2022 32 13 20 Concrete Sidewalks, Drivewa s and Barrier Free Ram s 12/09/2022 32 13 73 Concrete Pavin Joint Sealants 12/20/2012 � ��o , � ���� ���� i�in�� 32 17 23 Pavement Markin s 06/10/2022 32 17 25 Curb Address Paintin 11/04/2013 ���� ��.,.:� �,...,.,. „r,� �„�,.� 'n�,��,'�� 2� 2i �ti �x�:.-„ �„r „,.ra �..�„� i�i�ni�ni� T�Jrzv rtrr,-vravzz 2'l� V7I7,�,.,7 L',,,-.,.,.� ..,-.,7 /7..�„� 1 �7 /7�-rvrzviz 'z ���z�--�r� nti /nv�rv�izv ia 32 91 19 To soil Placement and Finishin of Roadwa Ri ht-of-wa s 03/11/2022 32 92 13 Soddin OS/13/2021 CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 6 of 8 � � . � � � . . e. � �_ � � . � � Division 33 - Utilities � ��0 8�� ���T n�ii�z 22 ni 2� i�inoi�m� �-vr�z rzrvarcoz� 2 2�0 1 7 /7�z 2 2�� 1 '� /'��z 22 nn � � r�....,.,,:�,, r+�,.�..�1 rr,,,,� c�„�;,.,.� i�i�ni�ni� 77-v�-Tr r�rrvr�mz 22 n� i� i�i�ni�ni� �z �z � ��o n � in�n 22 n� �n min�i�ni� �--v�v vz,-vvrz-o i� ���o n�ii�z �� nc in nnimi�mi �vTry , , v�rv�r�vzz 2 2�z 1 '� /')�z 33 OS 13 Frame, Cover and Grade Rin s 09/09/2022 33 OS 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade 33 OS 16 Concrete Water Vaults 12/20/2012 33 OS 17 Concrete Collars 03/ll/2022 22 nc �n i�i�ni�ni� TJ--v�-zv r�i-z-vravzz 22 nc �i rr,.��„i r:�,,..ni„�„ i�i�ni�ni� TJ--v�-zT rL-z-vravzz 22 nc 17 i�i�ni�ni� �sv�za �z 2 2�e�i� �z�ivz�rr ���� i�in�� 2 2�0 � � ��r�rzvriviz 2 2�A 1 ' l'r�r-rvriv'ii 22 1 1 /1C D..14.. T�T..4r. .....a /'�..r.lr..4r. 1'i/'l(l/'1(ll'i �v� � � �vaz 22�o i�in�z 22 � � � � nni�ni�ni� �r v�rrvravz-r � ��= no in�� 2 2�-i ri� rLT�?vrz�rt > > 2 2�T 1 '� /'�� �� \x7.,4o.- Co,-.,;..o� 1 ..L, 4., 7 , �.1, !17/1�llo�rr 2 2�= 1 7 /'1�z �� i � �n no�:t:,.�+ co„+oa r�.,+„ v„t.,,, ncintii�ni c �zv v �r�vvrz-v i� � ��T nn i��� � ��� m �nv�rv�v�vi� 2 2�� 1 �7 /'��z � ��no n i /n�T ���z�--c✓v � � i��z � ��no nti ii�� � ��z � 7 �7r�-avriviz 2'2���7 � � /��rzvrzviz � ��� nn i��� 22�no nnin�n/�z 22 �i �i i�i�ni�m� �7r�z rc-rrvraozz CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 7 of 8 Appendix �r n rn c„i.,�,,..� ,.o .,�a n�..�;,..,i r,.�a:«;,.�� � . aE � . nrv��nz'-E1�9ciS�yir'cnvraa2�i��C�iicr'r�6ir-Et��rrcc GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates �r � nn n,,......:.,. ,.,.a rT.;i:�;,.� � . GC-6.10 General Notes 4�C—��24 �.T��a;�,.Y:...:,.,..;,.,. GC-6.25 Standard Construction Details 41-01 Locations List END OF SECTION CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised June 7, 2024 8/28/24, 8:43 AM CITY COUNCIL AGENDA Create New From This M8�C DATE: 8/27/2024 REFERENCE **M&C 24- LOG NAME: 202024 CONCRETE NO.: 0744 RECONSTRUCTION 2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: F�RT�'�ORTI� -��- SUBJECT: (CD 2) Authorize Execution of a Contract with XIT Paving and Construction, Inc., in the Amount of $1,625,393.00 for the 2024 Concrete Reconstruction Contract 2 RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with XIT Paving and Construction, Inc., in the amount of $1,625,393.00 for the 2024 Concrete Reconstruction Contract 2 (City Project No. 105119). 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 listed below, under the 2024 Concrete Reconstruction Contract 2(City Project No. 105119). Other locations may be added if there is sufficient funding. Street From To Angle Avenue South Bound (SB) Old Decatur Road Marine Creek Parkway Marine Creek Parkway South Bound (SB) Angle Avenue Nautilus Circle This project was advertised for bid on May 16, 2024, and May 23, 2024, in the Fort Worth Star- Telegram. On June 13, 2024, the following bids were received: Bidders XIT Paving and Construction, Inc DDM Construction Corporation GRod Construction LLC Amount $1,625, 393.00 $1,708,840.00 $1,872,762.50 Time of Completion 210 Calendar Days In addition to the contract amount, $300,000.00 is required for project management, material testing and inspection and $160,000.00 is provided for project contingencies. Funding is budgeted in the General Capital Projects Fund for the Transportation and Public Works Department for the purpose of funding the 2024 Concrete Reconstruction Contract 2. Construction for this project is expected to start in October 2024 and to be completed by June 2025. Upon completion of the project, there will be no anticipated impact on the General Fund operating budget. M/WBE OFFICE— The Business Opportunity Division placed a 13.12\% business equity goal on this solicitation/contract. XIT Paving and Construction, Inc., will be exceeding the goal at 100\% as a Business Equity Prime and self-performing the scope of the services, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Opportunity Division. This project is located in COUNCIL DISTRICT 2. M&C Review apps.cfwnet.org/council_packet/mc_review.asp?ID=32451 &councildate=8/27/2024 1 /2 8/28/24, 8:43 AM M&C Review 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 Reconstruction 2 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. TO Fund Department Account Project Program Activity Budget Reference # Amount ID � ID � Year (Chartfield 2) � FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID �Year (Chartfield 2) Submitted for City Manager's Office by_ Jesica McEachern (5804) Originating Department Head: Additional Information Contact: Lauren Prieur (6035) Monty Hall (8662) ATTACHMENTS 105119 FORM 1295.pdf (CFW Internal) 105119 FundsAvailability 07.22.2024.pdf (CFW Internal) 105119 FID Table Revised 07.23.24.xlsx (CFW Internal) 2024ConcreteRestorationCO2 M&C Map.pdf (Public) City of Fort Worth - Business Equity Management System.pdf (CFW Internal) Entitylnformation 20240718-084533.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=32451 &councildate=8/27/2024 2/2 00OS 10- 1 MAYOR AND COUNCIL COMMUNICATION (M&C) Page 1 of 1 1 SECTION 00 OS 10 2 MAYOR AND COUNCIL COMMLTNICATION (M&C) 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH 2O24 Concrete Restoration Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised July 1, 2011 000515-1 ADDENDA Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 00 OS 15 ADDENDA END OF SECTION CITY OF FORT WORTH 2O24 Concrete Restoration Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised July 1, 2011 00 11 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 Reconstruction Contract 2, City Project Number 105119, will be received by the City of Fort Worth via the Procurement Portal https:Ufortworthtexas.bonfirehub.com/portal/?tab=openOpportunities, under the respective Project unti12:00 P.M. CST, Thursday, JUNE 13, 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 Bon�re 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 befare 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/portal/?tab—openOpportunitie s 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://vcndorsupport.gobonfirc.com/hc/cn- us Contact the Bonf'�re support team at Support@GoBonfue.com or by calling 1-800-354-8010. CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDt1RD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105119 Revised 2/08/24 00 11 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) GENERAL DESCRIPTION OF WORK The maj or work will consist of the (approximate) following: 8,000 SY 10.5" Concrete Pavement 8,000 SY 8" Lime Treatment 160 TN Hydrated Lime 1,700 CY Unclassified Excavation PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre-qualified by the City at the time of bid opening. The procedures for qualification and pre-qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal https://fortworthtexas.bonfirebub.com/portal/?tab=openO�portunities, 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=openOpportunities, 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, May 29, 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. CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105119 Revised 2/08/24 00 11 13 INVITATION TO BIDDERS Page 3 of 3 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. ADVERTISEMENT DATES May 16, 2024 May 23, 2024 END OF SECTION CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105119 Revised 2/08/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 1 of 9 SECTION 00 21 13 1NSTRUCTIONS TO BIDDERS 1. Defined Terms 11. 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. 1.21. 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 Wark and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified far the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre-qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if quali�ed, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: https://a�ps.fortworthtcxas. o� v/ProjcctRcsources/ CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105119 RevisedlUpdated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.1.1. Paving — Requirements document located at: htt�s://a�s.fortworthtexas. o� v/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving %20Contractor%20Prequalification%20Program/PREQUALTFTCATTON%20REQ UIREMENTS%20FOR%20PAVING%2000NTRACTORS.pdf 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre-qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 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. 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 CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105119 RevisedlUpdated 1/17/24 00 21 13 INS"I'RUCTIONS TO BIDDERS Page 3 of 9 4.1.5. Shall study a1L• (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 explarations, investigations, tests and studies. 4. L8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Wark, 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 far 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. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105119 RevisedlUpdated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 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 4A2. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4.Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105119 RevisedlUpdated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 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 proj ect. 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://fortworthtexas.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 https: //fortworthtexas.boniirehub. com/portal/?tab=openOpportunities 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105119 RevisedlUpdated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 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.OSA., 6.OSB. and 6.OSC. of the General Conditions and is supplemented in Section O1 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non-responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https://codelibra . .ry amle�al.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. 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. 123. 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. CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105119 RevisedlUpdated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 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. 12.7. 12.8. 12.9. Bids by individuals shall show the Bidder's name and official address. 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. All names shall be typed or printed in ink below the signature. 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 authoriry 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 1NVITATION 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 https://fortworthtexas.boniirehub. com/portal/?tab—openOpportunities. 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 far 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 CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105119 RevisedlUpdated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 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 Wark in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105119 RevisedlUpdated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 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 Ciry. 17.71. The contractor is required to fill out and sign the Certi�cate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at https://www.ethics.state.tx.us/data/forms/1295/7295.pdf 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 Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105119 RevisedlUpdated 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 Fart 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 pianning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire� (state.tx.us) https://www.ethics.state.tx. us/datalforms/conflict/CIS.pdf ❑ a ❑ ❑ ❑ ❑ BIDDER: 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 XIT Paving & Construction, Inc � Signature Title END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2020 '> , _ � , � 2024 Concrete Reconstruction Contract 2 5-CPN105119 Bid Proposal Workbook 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: FOR: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 2024 Concrete Reconstruction Contract 2 City Project No.: 105119 UnitslSections: - 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 faise 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 artificiai non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 Concrete Reconstruction Contract 2 Revised 9/30/2021 5-CPN105119 Bid Proposal Workbook 00 41 00 BID FORM Paga 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. Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards) 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. Proposai 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 Reconstruction Contract 2 Revised 9/30/2021 5-CPN105119 Bid Proposal Workbook 00 41 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. in the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by #he 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 Respectfuliy sub�r' ed, �y �' �ignature) ����� �M � X�r_ (Printed Name) Title: June 13, �024 Comp�ny: XIT Paving & Gonstruction, Inc. Address: 3934 S. Hwy 287 Waxahachie, Texas 75165 State of Incorparation: Email: doug@xitpaving.com Phone: 972-351-9906 Texas END OF SECTION � �, ���� � �� by the entity named below. Receipt is acknowledged of the Initiai following Addenda: Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCiION SPECIFICATION DOCUMENTS 2024 Concrete Reconstruction Coniract 2 Revised 9/30/2021 5-CPN105119 Bid Proposal UlrorkhouK 0o az na I311) PR<>POtiN. Pngc I ol I SECTION 00 42 43 PROPOSALFORM This form is provided for reference only. UNIT PRICE BID P�easeenterbidpritesintheBonfirebidtable. BICICI@C''s Application END OF SECTION crry or r•oirr woarn S'1'ANDl�1ZD CONS'fRUCTION SI�LCII�ICATION DOCUML(N'fS 2024 Cancrotc Rccon.elraclion Conlmct 2 Revin<d 9J}D/2021 5-CPNI0511911id Propocol Workbnnk Total Bid $1,625,393.00 IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection(a7tdi.texa�. ov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Usted puede ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas af: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas, Consumer Protection Section (MC 111-1A): P.O.Box149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: CansumerPratection(a�tdi.texas.c�ov_ DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Company, o Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TQI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. BD5430 (06-15) OQ 4� 13 BIO BOND Page 1 of 2 SECTION 00 43 13 BID BOND KNOW ALL BY TWESE PRESENTS: That we, XIT Paving and Construction Inc. , known as "Bidder" herein and Westfield Insurance Company a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, 7arrant 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 Reconstruction Contract 2 NOW, THEREFORE, the condition of this obiigation 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 nuil and void. If, however, the Principai 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 WHEF2EOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 13th day of June , 2024. PRINCIPAL: � � " � XIT Paving and Construction PnC, BY: � _ Signa ure ATTES . �� � Witness as to Princip Name nd Title CITY OF FORT WORTH STAN�ARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 Concrele Reconsiruction Contract 2 CPN105119_Bid Proposal Workbook Revised 9/30/2021 00 43 13 BID BdND Page 2 oi 2 '-f-�, / �..� . _.. , "'"" "'""^^---.... Wi nes as to Surety Amy Butler Senior Client Manager, Surety Attach Power of Attorney (Surety) for Attorney-in-Fact Address: 3934 S H���y �87 Waxahachie TX 75165 SURETY: Westfield Insurance Campany BY: � Signat Brady Wilson, Attorney-in-Fact Name and Title Address �,,,��5 Ridge Road �,:;,,.3,�� Rnc:kwall,,'X 7.r,(�$7,�'-'� ' ,, �c. c Telephone Number: 972-7`72 7r20 �:.�r E �n , `,: '` ., *Note: If signed by an officer of the Surety Company, there must be an fiie a certifisd extract from the by laws showing that this person has authority to sign such obligation. If Surety's physicai 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 Reconslruclion Contract 2 Revised 9/30/2021 CPN105119_Bld Proposal Workbook THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO O5/25/22, FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO. 4220012 14 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a"Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JQRDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, RQBERT G. KANUTH, JARRETT WILLSON, JACK NOTTINGHAM, BRADY WiLSQN, BRENNAN WILLIpMSON, JOINTLY QR SEVERALLY of ROCK4UALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of sureryship in any penal limit. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fuily and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WE57FIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIfl FARMERS INSURANCE COMPANY: "8e li Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-�act. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowiedge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "8e if Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereYo by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their Nationai Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 25th day of MAY A.D., 2022 . �nara..� ,�u�un����.� � �rnr�� corporate ap.•• g�p� h,,, ,,•�.��nN�� �'• •"'��SU.-�p�':•,, WESTFIELD INSURANCE COMPANY Seals �a •••^• �C�p.''� ,.°�?:••""'�"•n;SG-; ? ���./' WESTFIELD NATIONAL INSURANCE COMPANY Affixed °��:f� '�+° �'• o'- � o� '•�'`: =� • T fc�" � OHIO FARMERS INSURANCE COMPANY . :�1 g� o ; . �. 'e =��i►t a7�.t`i.L�tz'b� �FLL� .SFi�.'.vz_ i�: �;�3 _..._.......... � � , cn� .;rn� =o� M �%1 .i_ � � �. x �. - - • . . ..� _ �► f � y •. '� , : 1848 : a; � ,� • _ - �. '�;��''•�., �,,,rr �'a =,�i' : p; iP . 4 .4�`? �.�% r�._ ��, +� ...* .. ','��'%.., .., . �W�nxu�� „ h.iqiw��.��•�,,,` . State of Ohio ""� By �' County of nnedina ss.: Gary W. tumper, Nationa Surety Leader and Senior Executrve On this 25th day of MAY R.D., 2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. NoYa ri a i �a.�auuq��pry � seal r`��� �\ A!. S y Affixed � `��`��//�(�`�"'s z°.�= -` r state of ohio :�, ;r �+�Q David A. Kotnik, Attorney at Law, Notary Public County of Medina ss.: '�,,�'.q �'�Z��.- My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) ,.T� O f' �. �, Frank A. Carrino, Secretary of WESTFIE�D INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO �ARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effecC. In Wiiness Wh�r.��� ° 4 have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 13th day of r ������ June .. �,� , �� �..� rtal p� ��y '�,` ,'ONA(�I� -. :�Wtfln:'•.,. �`�,...,�,,.� BPOAC2 (combined) (03-22) �F.,"���.....,, �/�S,G�' : ., � ; c �T .�a. JEht� :rn= :'o : ..* . �.. T• ���� x �i��+'P�'�!7 L � CN1�TE1Pf ��' /-1 ` ��i�� ' •,o i r Secretary b:, i846 ;�� � +' �. ' o_, Frank A. Carrino, Secretary 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 !aw provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of are not required to underbid resident bidders. , our principal place of business, B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. � BIDDER: XIT Paving & Construction, Inc. By: >: � f �4� (Signature) . - �;� Title: ,� Date: � 0 '� END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 2024 Concrete Reconstruction Contract 2 5-CPN105119 Bid Proposal Workbook 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractar or subcontractor who is not prequalified for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to wark on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer ldentification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer ldentification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxpermit/ and fill out the 35 application to apply for your Texas taX ID. 36 (2) The firm's e-mail address and faX number. 37 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DiJN5 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORTH 2O24 Concrete Reconstruction Conh-act 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised August 13, 2021 004511-2 BIDDERS PREQUALIFICATIONS Page2 of3 1 (2) 2 3 4 5 6 � (3) 8 9 (4) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 �! (5) To be satisfactory, the �nancial statements must be audited or reviewed by an independent, certified public accounting firm registered and in good standing in any state. Current Texas statues also require that accounting firms performing audits or reviews on business entities within the State of Texas be properly licensed or registered with the Texas State Board of Public Accountancy. The accounting iirm should state in the audit report or review whether the contractor is an individual, corporation, or limited liability company. Financial Statements must be presented in U.S. dollars at the current rate of exchange of the Balance Sheet date. The City will not recognize any certified public accountant as independent who is not, in fact, independent. (6) The accountant's opinion on the financial statements of the contracting company should state that the audit or review has been conducted in accordance with auditing standards generally accepted in the United States of America. This must be stated in the accounting firm's opinion. It should: (1) express an unqualified opinion, or (2) express a qualified opinion on the statements taken as a whole. (7) The City reserves the right to require a new statement at any time. (8) The financial statement must be prepared as of the last day of any month, not more than one year old and must be on iile with the City 16 months thereafter, in accordance with Paragraph 1. (9) The City will determine a contractor's bidding capacity for the purposes of awarding contracts. Bidding capacity is determined by multiplying the positive net working capital (working capital= current assets — current liabilities) by a factor of 10. Only those statements reflecting a positive net working capital position will be considered satisfactory for prequalification purposes. (10) In the case that a bidding date falls within the time a new financial statement is being prepared, the previous statement shall be updated with proper verification. Bidder Prequalification Application. A Bidder Prequalification Application must be submitted along with audited or reviewed financial statements by firms wishing to be eligible to bid on all classes of construction and maintenance projects. Incomplete Applications will be rejected. (1) In those schedules where there is nothing to report, the notation of "None" or "N/A" should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may rej ect, suspend, or modify any prequalification for failure by the 49 contractor to dcmonstrate acceptable financial ability or performance. 50 c. The City will issuc a letter as to the status of the prequalification approval. CITY OF FORT WORTH 2O24 Concrete Reconstrucrion Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised August 13, 2021 004511-3 BIDDERS PREQUALIFICATIONS Page3 of3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH 2O24 Concrete Reconstrucrion Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised August 13, 2021 00 45 12 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Construction/Reconstruction XIT Paving & Construction, Inc. 1/1/2026 (LESS THAN 15,000 square The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: XIT Paving & Construction, Inc. By: 3934 S. Hwy 287 � Waxahachie, Texas 75165 (Signature) END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09I30/2021 Title: � � Date:�� � � �`� 2024 Concrete Reconstruction Contract 2 5-CPN105119 Bid Proposal Workbook 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 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. 105119. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it wili provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: �XIT Paving & Construction, Inc. By: � � � Company 1 ase Pr'nt) _3934 S. Hwy 287 Signature: � _ Address `� JWaxahachie, Texas 75165 Title: �c,A City/State/Zip (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT � � BEFOR ME, the undersigned authority, on this day personally appeared ��0 � , known to me to be the person whose name is subscribed to the foregoin instrument, and acknowledg d to me that he/she executed the same as the act and deed of � ,� � for the purposes and consideration therein expt�essed and in the capacity therein stated. GIVEN U DER MY HAND AND SEAL OF OFFICE this � day of ��� , 20� a � ��� �'�RY P�/B WENDY CORINE SPRADLEY ;�� Notary ID #1301Q7304 N f N My Commission Expires �rFpF'C�.t� June 7, 2027 � 7 No Public 'n nd for th State of Te a END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 2024 Concrete Reconstruction Contract 2 City Project No. ] 05119 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). 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-ll- 12 2020 (codified at: https://codelibra ,.�r��al.com/codes/ftworth/latest/ftworth_�/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 13.12% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REOUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Protege participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 htt�s://a�s.fortworthtexas. og v/ProjectResources/ResourcesP/60 - MWBE/Business Equity Utilization 46 Form DVIN 2022 220324.pdf 47 48 Letter of Intent CTTY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 https://apps.fortworthtexas. o_� v/ProjectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.pdf 3 4 Business Equity Good Faith Effort Form 5 htt�s://a�s.fortworthtexas. o� v/ProjectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN 2022.ndf 8 Business Equity Prime Contractor Waiver Form 9 https://a�ps.fortworthteXas. og v/ProjectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.�df 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Business Equity Joint Venture Form https://a�ps.fortworthteXas. og v/ProjectResources/ResourcesP/60 - MWBE/MWBE Joint Venture_220225.pdf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON-RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORD�NANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE. THE B�D 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 CTTY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised October 27, 2021 005243-1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 08/13/2024, 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 XIT Paving and Construction, Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may j ointly 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 RECONSTRUCTION CONTRACT 2 CITY PROJECT NUMBER 105119 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of One Million, Six Hundred Twentv-Five Thousand, Three Hundred Ninetv-Three and 00/100 Dollars ($1,625,393.00). 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 2A2 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 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised March 3, 2024 005243-2 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 a 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 of�cers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is sqeci�callv intended to operate and be effective even if it is alle�ed or proven that all or some of the dama�es being sou�ht were caused, in whole or in part, bv anv act, omission or negli�ence 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 Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised March 3, 2024 005243-3 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 specificallv intended to onerate and be effective even if it is alle�ed or proven that all or some of the dama�es bein� sou�ht were caused, in whole or in part, bv anv act, omission or ne�ligence 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 Contractar each binds itself, its partners, successars, 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. ��� 7.6 7.7 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. 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. 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 Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised March 3, 2024 005243-4 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 mare, 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 "compan�' shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certi�es that Contractor's signature provides written veri�cation 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 far 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 �rearm trade association during the term of this Agreement. CITY OF FORT WORTH 2O24 Concrete Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised March 3, 2024 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractar 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 TffiS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractar, 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 Reconstruction Contract 2 STt1NDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105119 Revised March 3, 2024 005243-6 Agreement Page6 of6 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: City ofFort Worth By: Do��.;��{Vo8:20 CDT) � Signature Doug Spradley (Printed Name) Vice President Title 3934 S. HWY 287 Address Waxahachie, TX. 75165 City/State/Zip Aug22,2024 Date Jesica McEachem Assistant City Manager Oct2,2024 Date Attest:rk� Jannette Goodall, City Secretary (Seal) M&C: 24-0744 Date: 8/27/2024 Approved as to Form and Legality: Douglas Black (Sep 26, 2024 23:09 CDT) CITY OF FORT WOR1H STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 3, 2024 Douglas W. Black Sr. Assistant City Attorney2024 Concrete Reconstruction Contract 2 City Project No. 105119 006V 13-I PGRFORMANCE BUf�fD Page I oF Z 1 2 3 4 5 6 7 8 9 IO Il 12 13 l4 15 SECTION 00 61 13 PERFORMANCE BOND #41174eH THE STATE OF TEXAS § § KNOW ALL BY THESE PRESEI�ITS: COUNTY OF TARRANT § That we, XIT Paving and Construction Inc. ��O� � "Principal" herein and Westfield Insurance Company , a corporate surety(sureties, if morc than one) duly authorized to do business in the State of Texas, known as "Surety" Iterein (whether ane or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known ds "City" herein, in the penal Sllt17 Of One Miilion Six Hundred Twenty Five Thousand Three HundreC Ninery Three and 00/100 Dollars , {$ �,625,393.00 ), lawful money of the United States, to be paid in Fort Worth, Tamant County, Texas for lhe payment of which sum wel] and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmiy by thcsc l6 presents. l7 WHEREAS, the Principa[ has entered into a certain written contract with the City awarded 18 the /ST� day of �r/S� f , 20�, which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment laboc and other 20 accessories defined by law, in the prosecution of the Wark, ineluding any Change Orders, as 21 provided for in said Contract designated as 2024 Concrete Reconstruction Contract 2, City project 22 Nn. ] 05119. 23 NOW, THEREFORE, thc condition of this obligation is such that if the said Principal 24 sha11 faithfully perform it obligations under the Contract and sha11 in all respects duly and faiEhfully 25 perform the Work, including Change Orders, under the Contrac[, according to the plans, 26 specifications, and cantract documents therein referred to, and as well duri�g any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remair� in full force and effect. 29 PROViDED FURTHER, that if any legal action be fiied on this Bond, venue shall lie in 30 Tarrank County, Texas or the United States Distriet Court for the Northern District of Texas, Fort 3 V Worlh Division. Cil'Y Ul' fOftT WORi'H 2O24 Concrcte Reconstruction Contract 2 STANDARD CONSTRUCTION SPGCIFICATION DOCUMFNTS Chy Prn�ctt No 105! 19 Revised December 8, 2027 � 2 3 4 5 6 7 8 9 10 ]1 12 l3 « �S 16 17 t8 19 20 2l Z2 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 noai iv -2 PCRFORMANC� BONa Page 2 oFl Th'ss bond is made and executed in compliance with the provisions of Chapler 2253 af the Texas Gnvernrncnt Code, as amended, and all [iabilities on this bond shall be determined in accordance with the provssions of said statue. IN W1TlVESS �VHEREOF, the Principal and ti�c Surety havc SiGNED and SEALED this instrument by duly uuthoi7zed agents and officers on this the 1�'�`r —day of �� � , zo�. ATTEST; (Principal) Sccrctary , Wilncss as to Principal ��- �� Wit�ess as to Surcty Pake� 2ucfia, Sr Op�rnims GoarmruSor PR[l�[C[PAL: XIT Paving and Construction Inc. BY: /`� � — Si nalu r ��� VP 1Vame and Z tle Address: 3934 S, Hwy 287 Waxahad�ie, TX 75165 SURETY: WesKeld Insurance Comparry BY: � Signatu Brady Wilson, Anomey-in-FaG Namc and Title Addresc_ 2255 Rid e Road Suite 333 Rockwall, TX 75087 Telephone Numb�r: 972-772-722D Email Addre5s: Brady.Wikson�kanc�si:s com *Note: �f signed by an officer of the Surety Company, lhere must be on lile a certiticd extract from the by-laws showi�zg that this person has authority to sign such obligation. ff Surery's physical address is different from its mailing address, both must bc provided. The date of thc bond shall not b� prior to the date the Contract is awarded. Cf['Y OF I'ORT WOR'i"H ti I ANI)Altl) [:qNSTl�i1l'T IUN SPI:CIFICA I'IUN �IpCUNEGNTS Rcvised 17ccembcr 8, �023 2424 Cuncretc Rccunsttucuon Cnntra�l 2 C+ty Pru�cct Nu. IU5119 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO OS/25/22, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4220012 14 General Power of Attorney CERTIFIED COPY Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know RIl Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a"Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JARRETT WILLSON, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings,_or other instruments or contracts of sureryship in any penal limit. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surery Leader and Senior Executive and their corporate seals to be hereto affixed this 25th day of MAY A.D., 2022 . •°"""""'"��•.. �""'�""""'� ••' �""p"���"� WESTFIELD INSURANCE COMPANY Corporate P`a�.,Yfl�i. C.. .•``P.��(7NA� � � �ws�i sea�s �Q�,. 'V t.'% r'�;•••'"' '•^;SG•.; ,• •�:'*q�� �, WESTFIELD NATIONAL INSURANCE COMPANY Affixed �• '�+' '• o ' O; •,�' `�'�� ' CE` OHIO FARMERS INSURANCE COMPANY . ._ . � . o . . . _ •(� • � -� • •. . - ��" ►3��s?ro} :�: SEAL 9m. :o:•C �TE ��� R �..-_,.... =�'t „� �'� ,�'-. ;�: ,�3:,184ef0��= � � I '� =.��'• . + • � • �: `�����.�` %��.e....�''�f �� I .*.. '��ii. r�inioa•••`9 � ... State of Ohio ��� ������� County of Medina ss.: ByGary W. tumper, Nationa "Surety Leader and Senior Executive On this 25th day of MAY A.D., 2022 , before me personally came Gal'y W. Stumpel' to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Notarial Seal Affixed State of Ohio County of Medina ss. �'�°�'�\�illiji ��. z � �' —' r � � d. w� °, .T ,. 'qTE OF �.' v%►' � � , � David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NRTIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Wifness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A.D., . ��a�a,� „ �,P`'`a�liii/(�i�s!•y ;•`P�(1(�NF1��//�''.. �Q �" � r��^ ,� ` O� . ........... :SG� =. W�:•' `tio� ;��: � •-�" �� ��.�.�.. .� ' �;:, SE�I. :m�: J k��S� /.Yr�r." �� ;�.' .�J.� ���`..� ..Y 1�'+m.�.��.«.»�"'� , ;;, � HAaTf1PfpC�^+� � ��i'�-~ � : � = / � Secr�ecrsrry - .v i:, ��ae :i° � '••..� , •� �o�,: Frank A. Carrino, Secretary BPOAC2 Qcombined) (03-22j IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, andlor Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: wvuw.tdi.texas.gov E-mail: CansumerProtection aQtdi.texas.qov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsuinerProtectian �tdi.texas.pov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Company, o Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. BD5430 (06-15) oosi ia- i pnv�r-.NT Aotan Pagc 1 oF2 l SECTION 00 61 14 2 PAYMENT BOND �1411748H 3 4 THE STATE OF T�XAS § 5 § KNOW ALL BY THESE PRES�NTS: 6 COUNTY OF TARRANT g 7 That we, XIT Paving and CoRstruction Inc. , known as 8 "Principal" herein, and Wes�eld lnsurance Company , a 9 corporate surety (suretics), duly authorized to do business in the State of Texas, known as "5urcty" l0 �erein (whethcr ot�e ot� more), arc !�cld and firm1y bound unto the City of Fort Worth, a municipaf I I corporation created p��rsuani to the laws of the State of Tcxas, known as "City" hcrein, in the �en�l j 2 SUfri 0� One Mdlion Six Hundred Twenty Five Thousand Three Hundred Ninery Three and 001100 Dol�ars 13 ($ 1,625,393A0 ), IawCul moncy of thc Llniled States, to be paid in Fort Wnrth, 14 Tarrant County, Tcxas, for the payment of which sum welI and tnily bc madc, we bind c�ursclves, 95 our heirs, executors, administrators, successors ar�d assigns, jointiy and severally, firmly by thcse 16 �resents: l7 WHEIZF.AS, Princi�al has cntcred i�7to a certain writtcn Contract with City, awardcd thc 18 1�� day of uSY , 2!1 2`� , which Contract is hereby referred to and made 19 a part hcreof for all pu►-�oses as if fully sek forth hercin, to fumish al! materials, equipmcRt, labor z0 and other accessorics as defined by law, in the prasecution of khe Work as �ravided for in said �l Contract aad designated as 2024 Conerete Reconstr�ction Contract 2, City Project No. 105] 19. 22 NOW, THEREFORE, THE CONDITCON OF �CH1S OBLIGATION is such that if 23 Principa! shall pay all monies owing to any (and all) payment band beneficiary (as dcfined in 24 Cltapter 2253 of'the Texas Government Code, as amended) i� the prosecution of thc Work undcr 25 thc Contract, then this obligation shatl bc and bccome nul] and void; otherwise to remain in full Z6 force and effect. 27 This bond is made and cxccuted in compliance wilh the provisians of Cnapier 2253 of the 28 Texas Government Code, as arnended, and all liabilities on this bond shall bc deterrnined in 29 accordance with thc provisions of said statu�e. 30 (.'ITY O� I�ORT WORTIi 2024 Concrrte Rccnnsuucuon Conlract 2 STANi)ARU CON5'i'Ri1CT{ON SP�CIF1CATiON DOCUMFNTS Ciiy Pro�ccl i�'a. ID5119 Rcviscd UCccmb[r K, 2U23 � oo�i ia-z PAYMGNT RONT} Page Z of 2 I IN WITNESS WHEREOF, thc Pnncipai and Surety have each SiGNED and SEALED 2 this instrumcnt by duly autlzorized agents and officers on this thc ��ay of 3 U , 20�. 4 A'I1�'EST: (Principal) Sccrctary 2� Witness as to Prineipal N!A (5ufety) Sccrctary ' � � -- — _ _ _— Witncss as to 5urcty Paricer Zucha, Sr Operahons Coordinator SURETY: Westfeld Insurance Company A1�I'EST: 5 6 7 8 4 IO � 12 PRINCIPAL: XIT Paving and Construction ]nc. i - - — BY: �_ �-- Signatut•e �6 s �aL�Y l� Namc and Ti Ic Add1�eS5: 3934 S. Hwy 287 Waxahachi2, TX 75165 _ BY: � �t��'�! 5i�lature Brady Wilson, Ariomey-in-Fact Name and Title AddfeSS: 2255 Ridge Road Suite 333 Rockrvall, TX 75087 Telephone Number: 972-��2-�2zo Email Address: Brady.Wi�son@kandsins.com Notc: If signed by an officer of ihe Surcty, thcrc rnust be on filc a ccrtificd cxtract frnm the hyla�ti�s showing that this person has authority to sign such obi'tgation. if Surety's physical address �s diffcrent from its mailing address, bolh must be provided. The datc ot the bond shall not be prior to the date the Confract is awarded. END OF SECTiON 2024 Concrc�c Rccons�Nchon Con�ract 2 CITY OI� I'ORT WOR'ff I Ciry Proacct �lo IOiI 19 STANDARD CONSTHUCTf�N SP�CIFiCATIUN l�OCUMGKTS Rcvise�l Dcccmbcr 8, 2023 � THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO OSY15/22, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4220012 14 General Power of Attorney CERTIFIED COPY Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co. Westfield Center, Ohio Know AII Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a"Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JARRETT WILLSON, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of sureryship in any penal limit. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be I2 Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be if Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 25th day of MAY A.D., 2022 . "�"'"'�� "'����""""� ••' "'""'� WESTFIELD INSURANCE COMPANY Corporate �p•'aS�q,��'�,.s ,.�•��.��(�N�l. �j�' � �NSUR/i;'•. Seals �. •.,�yA'� :,aP•''������''•;;S'(��;r +;��-"+ �70�'� OH O FIARMERSII�NSURANCE COMPAN MPANY Affixed � �� �� 'm° ;ti a% ; O; • , v • . . � . • a �y xj ' - • � _ �' ►7�.M.L � � ;�n; SE�. .:m. _o:•�,H1IRTFREp :�3 � ._. _.�►� � ;,�•• :�.- i�as .•'i' � ' � '�,;'y�'••,, "°`.� f' �. �� . y' •:O _ %� ' � .�r': "� +�`"*w.���,�«..�"'� ,,, * � ,''�� '•����,����,,,,•••'' ;, state of ohio ByGary W. tumper, Nationa Surety Leader and County of Medina ss.: Senior Executive On this 25th day of MAY A.D., 2022 , before me personally came Ga1'y W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Nota ri a l ��•�"""'���..,,, � Seal o•`��� A L S;••.� Affixed o `���`��%�� �%s 2:�'A`G� r State of ohio : N �. ��o David A. Kotnik, Attorney at Law, Notary Public =. � �►.�` My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) County of Medina ss.: , y o� ,• T� a F I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A.D., . rp``a•�u�t,��,�;�..,, :,'P-���Na(� /ti'',. }�Q �. - � ,c i , o� .. .SG, , v', . �, ``J.. ,. .. ...'S' - � �. �MA"7uw F ro[1 - � � ; a..JL' t-1L� .•9mI = � '� "� �0.� >��~'h^`•'y�'a^�µq''" � =;�i' ,*� ��t��,'.,'•; "�"�:rO�;'� ;"�NARTFJPE �� �� � , : �'����'- .,o _ Secretary �;.1848: 4! : •• ;� , •• , Frank A. Carrino, Secretary BPOAC2 �combined) (03-22j IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection(a�tdi.texas.qnv 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, andlor Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerPratection .tdi.texas.qov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Company, o Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. BD5430 (06-15) � ODbI 19- I MAINTFNAiVC� A(1Np Pagt I of3 t 2 3 4 S 6 7 8 9 iD ll 12 l3 14 SECTION 04 61 19 MAINTENANCE I30ND #411748H THE STATE OF TEXAS § § KNOW ALL BY THE5E PRESENTS: COUNTY �F TARRANT § That we XIT Pav_ingand Construction Inc __ __ known a5 "Principal" herein and Westfield I�surance Compan _ , a co�porate surcty {sureties, if more thasl one) duly authorized to do business in thc State of Tcxas, known as "Surety" herein (whetl�er one or more), are held and �`irmly bound unto the Ciry of Fort Worth, a municipal corporation crcated pursuant to the kaws of ti�c St�te of Texas, known as "City" herein, in the sum One Mdlion Sar Hundred Twenry Five Thousand 7hroe Doll ars $ 1,625,393 00 _� O{ Hundred Ninery Three and OO�i00 �_ ' ]aw#'i�l moncy of thc Unitcd States, to hc paid in Foit Worth, Tarrant Coun4y, Tcxas, t'or paymcnt of which sum well and truly be made unto the City and its succcssors, we 6ind oursclves, oun c�irs, 9 5 executors, a�ministrators, st�ccessors and assigns, �oint{y and severally, firmly by these presents. 16 17 WHEREAS, lhe Principal has entered intc� a ccrtain written contract with the City awarded 18 the ��� day ot i , 20Z�, which Contract is hcrcby l9 rcferred to and a ntade part hereof for all purposcs as if Fully sct to�'th hercin, to furnish all materiais, 20 equipment fabor and othe�' accessories as dcfned by law, in the prosecution of the Work, incfuding 21 any Work resulting from a duly authorized Changc Ordcr (collcctivcly herein, the "Work") as 22 provided for in said contract and dcsignated as 2024 Concrete Reconstruction Contract 2, City 23 project No. I05119; and 24 25 WHF.REAS, Principal binds itself to use such materials and to so construct thc Work in 26 atcordance with the plans, specifications and Contract Documenls lhat thc Work is and will remain 27 free from de%cts in materials or workmanship for and during thc Qeriod of hvo (2} years after the 2B date of Final Acceptancc of lhe Work by the Ciiy ("Maintc�iaiicc Pcriod"); and 29 30 WHEREAS, Pr�ncipal binds itseif ko re�air or reconstruct the Work in whnle ar in part upon 31 rcceivie3g notice from the Cily of thc need thercfor at any time within thc Maintenance Pcriod. 3Z Cf1Y OI PS1R"� W(1R"fl� 20Z4 Cuncrrtc Rcconstruc;uan Cnnusct: STAN1.)AEti) �Oh�STfZUCTION SPl:C1PiC�T10N I.)Ol'l1MENTS (�iry Frn�cci Vn 105119 Rcv�sc�l I)ccc��ibci 8, 202� � 0061 19-2 MAINTENANCE BOND Page 2 of 3 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l7 18 iL•� NOW THEREFORE, the condilion of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in filll force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surcty under this Maintenance bond; and PROVIDED FURTHER, that if any legal aclion be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Coiu•t for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be contimious in nature and successive recoveries may be had hereon for successive breachcs. CiTY OF FORT WORTH tiTANDARU CONSTRUCTION SPLCIFfCA7'ION DOCtJMEN7S Revised December 8, 2023 2024 Concrete Reconstruction Contract 2 City Project No. 105 ( I9 � 0061 19-3 MAitJ'fI:NANCG SOND Pagc 3 uf 3 1 [N WITNESS WHERCOF, the Principal and the Surety have each STGNED and SEALED this 2 instrument by duly authorized agents and officers on this ihe �''� day of tJ u 3 , 20 Z! . 4 5 G 7 8 9 ]0 Il l2 13 14 l5 16 l7 I8 14 20 2] 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 4l 42 ATTEST: (Principal) Secretary �UL_ Wit�ticss as to Principa! ATTEST: N!A (3urcry) Secretary rl�-- �f't'� _ Witness as to Surcty Parker Zucha, Sr. Operatio�s Coordinator PR�NCIPAL; XIT Paving and Construciion Inc. HY: f Signatur � C� � �Vamc 1d Title Address: 3934 S, Hwy 287 Waxahachie, TX 75165 SURRi'Y: Westfield Insurance Compan i�YT �3/�`� 5�gnature Brady Wilson, Attomey-�n-Facl Namc and Tide Address: 2z55 Ridge Road Suite 333 Rockwall, TX 75087 Telephonc Number: 972-772-7220 Email Address: B�ady.Wi�son�kandsins.com *Note: If signed by an aFficer of thc Surety Company, there must be on lile a certired extract from thc by-Iaws showing that this person has authority to sign such obligation. [f Surety's physical address is different from its mailing address, both must be provided. The datc of thc bond shall not be prior lu lhe date the Contracl is awarded. Cr1'Y Of POR7 WGkTI� STANDARI) COT�STRUCTION SPGCII'ICATiON DOCUMLiN7"S Rcviscd 1)cccn�hcr S, 2f123 20?4 Cnncrcic Rcconsl� ucuon Cunl�act 2 C�ty Prnacct �fn. 105119 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO OSl25/22, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4220012 14 General Westfield Insurance Co. Power Westfield National Insurance Co. of Attorney Ohio Farmers Insurance Co. CERTIFIED COPY Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a"Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JARRETT WILLSON, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of sureryship in any penal limit. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). !n Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 25th day of MAY A.D., 2022 . •°"""""'""� �"'""�"""'� •' """"• WESTFIELD INSURANCE COMPANY Cor orate �., , pNA(, ' sea�s �v'���asu��:vC�''{ :'�P:��''""'•�NSG•., �•''�,�5��'c''., OH O FIARMERSII�N URA CE COMPAN MPANY Affixed • �Ns . n�. � O. �'•.�A • a��'C�• l���i v. �tr+ . ' o � : , '' • , . - a . . L i , ��• : � yM� x Y = LL : , � : : �,' 111►RTERfp :; � � � ? N� �r41.i�i,L iv t- SE�. :m: .o• .�_ " _ _- .......... ��:••.,ti..an fr�� ;�-r�� �`o: _� : 1848. �� = �.��� ,� •.... r ..* • ��'��,,,,,�„���,.,.•�''� ' '"�,w�M«.�"`',►+'� ��,,,,, ,. state of ohio ByGary W. tumper, Nationa Surety Leader and County of Medina ss.: Senior Executive On this 25th day of MAY A.D., 2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Nota ri a l .�,��•"""'•�H,.. � Seal .••���1 A 1. S••., Affixed O `��t����� �% z: r �' � 4ir' � David A. Kotnik, Attorney at Law, Notary Public State of Ohio : �A ,� �O =� M�'` My Commission Does Not Expire {Sec. 147.03 Ohio Revised Code) County of Medina ss.: , q • �;� TE oF� I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of A.D., . .JN��f�11HJyry � ���� r�;�41i�'fI�/�i���, :`•��C1(�NA� ���.,, � ,fi ,� , O�. ,,......,, :pG, �"�' 's o 3 ; ,u; . '� 9'" � � ��,t�.� _� ; �, :. SEAL : m-: i , :n= ��' •y. °y �,� , ::o; y�Y••�c����y.,�Nf�Y �Z '���WI� 11 * f � �AflTEA�c�� �'/� 4 ° ;�� ,� � � :.ti: Secretary f:, ��aa :i� * ' ;a 'a�= Frank A. Carrino, Secretary BPOAC2 dcombined) (03-22j CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 14 Copyright 2020 FCCI Insurance Group THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FIRST CHOICE CONTRACTORS LIABILITY ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Commercial General Liability Coverage Form, and will apply unless excluded by separate endorsement(s) to the Commercial General Liability Coverage Form. The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended as follows: SECTION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE is amended as follows: 1. Exclusion 2.a., Expected or Intended Injury, is replaced with the following: a. ed or intended from the standpoint of the insured. This force to protect persons or property. 2. Non-owned Watercraft Exclusion 2.g. (2) (a) is replaced with the following: (a) Less than 51 feet long; and 3. Property Damage Liability Borrowed Equipment The following is added to Exclusion 2.j. (4): jobsite this provision is excess over any other valid and collectible property insurance (including deductible) available to the insured, whether primary, excess, contingent or on any other basis. 4. Limited Electronic Data Liability Exclusion 2.p. is replaced with the following: p. Electronic Data Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or coverage. The following definition is added to SECTION V DEFINITIONS of the Coverage Form: "Electronic data" means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD- ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 14 Copyright 2020 FCCI Insurance Group For purposes of this Limited Electronic Data Liability SECTION V DEFINITIONS of the Coverage Form is replaced by the following: 17. a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly gible property. SECTION I COVERAGES, COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY is amended as follows: Paragraph 2.e. Exclusions the Contractual Liability Exclusion is deleted. SECTION I COVERAGES, the following coverages are added: COVERAGE D. VOLUNTARY PROPERTY DAMAGE 1. Insuring Agreement caused by you, or while in your possession, arising out of your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: "Property Damage" to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. Property owned by, rented to, leased to, loaned to, borrowed by, or used by you; d. premises; e.-; f. Motor vehicles; g. h. 3. Deductible the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 14 Copyright 2020 FCCI Insurance Group The insurance afforded under COVERAGE D is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. Coverage D covers unintentional damage or destruction, but does not cover disappearance, theft, or loss of use. The insurance under COVERAGE D does not apply if a loss is paid under COVERAGE E. COVERAGE E. CARE, CUSTODY OR CONTROL 1. Insuring Agreement We will pay those sums that the insured becomes legally obligated to pay as damages because of control your business operations. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. 2. Exclusions This insurance does not apply to: a. Property at premises owned, rented, leased or occupied by you; b. Property while in transit; c. premises; d. Prop - e. Motor vehicles; f. g. 3. Deductible We will not pay for loss in any one the amount of loss in excess of $250 up to the applicable limit of insurance. 4. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance afforded under COVERAGE E is excess over any other valid and collectible property or inland marine insurance (including the deductible applicable to the property or inland marine coverage) available to you whether primary, excess, contingent or any other basis. The insurance under COVERAGE E does not apply if a loss is paid under COVERAGE D. COVERAGE F. LIMITED PRODUCT WITHDRAWAL EXPENSE 1. Insuring Agreement a. The amount of such reimbursement is limited as described in SECTION III - LIMITS OF INSURANCE. No other obligation or liability to pay sums or perform acts or services is covered. COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 14 Copyright 2020 FCCI Insurance Group a. This insurance applies to a "product withdrawal" only if the "product withdrawal" is initiated in the "coverage territory" during the policy period because: (1) You determine that the "product withdrawal" is necessary; or (2) An authorized government entity has ordered you to conduct a "product withdrawal". c. We will reimburse only those "product withdrawal expenses" which are incurred and reported to us within one year of the date the "product withdrawal" was initiated. d. The initiation of a "product withdrawal" will be deemed to have been made only at the earliest of the following times: (1) When you have announced, in any manner, to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to conduct a "product withdrawal" This applies regardless of whether the determination to conduct a "product withdrawal" is made by you or is requested by a third party; (2) When you received, either orally or in writing, notification of an order from an authorized government entity to conduct a "product withdrawal; or (3) When a third party has initiated a "product withdrawal" and you communicate agreement with the "product withdrawal", or you announce to the general public, your vendors or to your employees (other than those employees directly involved in making the determination) your decision to participate in the "product withdrawal", whichever comes first. e. "Product withdrawal expenses" incurred to withdraw "your products" which contain: (1) The same "defect" will be deemed to have arisen out of the same "product withdrawal"; or (2) A different "defect" will be deemed to have arisen out of a separate "product withdrawal" if newly determined or ordered in accordance with paragraph 1.b of this coverage. 2. Exclusions This insurance does not apply to "product withdrawal" expenses" arising out of: a. Any "product withdrawal" initiated due to: (1) The failure of "your products" to accomplish their intended purpose, including any breach of warranty of fitness, whether written or implied. This exclusion does not apply if such failure has caused or is reasonably expected to cause "bodily injury" or physical damage to tangible property. (2) Copyright, patent, trade secret or trademark infringements; (3) Transformation of a chemical nature, deterioration or decomposition of "your product", except if it is caused by: (a) An error in manufacturing, design, processing or transportation of "your product"; or (b) "Product tampering". (4) Expiration of the designated shelf life of "your product". b. A "product withdrawal", initiated because of a "defect" in "your product" known to exist by the Named Insured or the Named Insured's "executive officers", prior to the inception date of this Coverage Part or prior to the time "your product" leaves your control or possession. c. Recall of any specific products for which "bodily injury" or "property damage" is excluded under Coverage A - Bodily Injury And Property Damage Liability by endorsement. d. Recall of "your products" which have been banned from the market by an authorized government entity prior to the policy period. e. The defense of a claim or "suit" against you for "product withdrawal expenses". COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 5 of 14 Copyright 2020 FCCI Insurance Group 3.For the purposes of the insurance afforded under COVERAGE F, the following is added to 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit Condition under SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS: e. Duties In The Event Of A "Defect" Or A "Product Withdrawal" (1) You must see to it that we are notified as soon as practicable of any actual, suspected or threatened "defect" in "your products", or any governmental investigation, that may result in a "product withdrawal". To the extent possible, notice should include: (a) How, when and where the "defect" was discovered; (b) The names and addresses of any injured persons and witnesses; and (c) The nature, location and circumstances of any injury or damage arising out of use or (2) If a "product withdrawal" is initiated, you must: (a) Immediately record the specifics of the "product withdrawal" and the date it was initiated; (b) Send us written notice of the "product withdrawal" as soon as practicable; and (c) Not release, consign, ship or distribute by any other method, any product, or like or similar products, with an actual, suspected or threatened defect. (3) You and any other involved insured must: (a) Immediately send us copies of pertinent correspondence received in connection with the "product withdrawal"; (b) Authorize us to obtain records and other information; and (c) Cooperate with us in our investigation of the "product withdrawal". 4.For the purposes of this Coverage F, the following definitions are added to the Definitions Section: a. b. "Product tampering" is an act of intentional alteration of "your product" which may cause or has caused "bodily injury" or physical injury to tangible property. When "product tampering" is known, suspected or threatened, a "product withdrawal" will not be limited to those batches of "your product" which are known or suspected to have been tampered with. c. "Product withdrawal" means the recall or withdrawal of "your products", or products which contain "your products", from the market or from use, by any other person or organization, because of a known or suspected "defect" in "your product", or a known or suspected "product tampering", which has caused or is reasonably expected to cause "bodily injury" or physical injury to tangible property. d. "Product withdrawal expenses" means those reasonable and necessary extra expenses, listed below paid and directly related to a "product withdrawal": (1) Costs of notification; (2) Costs of stationery, envelopes, production of announcements and postage or facsimiles; (3) Costs of overtime paid to your regular non-salaried employees and costs incurred by your employees, including costs of transportation and accommodations; (4) Costs of computer time; (5) Costs of hiring independent contractors and other temporary employees; (6) Costs of transportation, shipping or packaging; (7) Costs of warehouse or storage space; or COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 6 of 14 Copyright 2020 FCCI Insurance Group (8) Costs of proper disposal of "your products", or products that contain "your products", that cannot be reused, not exceeding your purchase price or your cost to produce the products; but "product withdrawal expenses" does not include costs of the replacement, repair or redesign of "your product", or the costs of regaining your market share, goodwill, revenue or profit. e.ctures, sells or distributes goods or products. The insurance under COVERAGE F does not apply if a loss is paid under COVERAGE G. COVERAGE G. CONTRACTORS ERRORS AND OMISSIONS 1. Insuring Agreement workmanship, material or design, or products including consequential loss, to which this insurance applies. The damages must have resulted from your negligent act, error or omission while acting in your business capacity as a contractor or subcontractor or from a defect in material or a product sold or installed by you while acting in this capacity. The amount we will pay for damages is described in SECTION III LIMITS OF INSURANCE. Omissions coverage. period. This coverage does not apply to additional insureds, if any. Supplementary Payments Coverage A and B do not apply to Coverage G. Contractors Errors and Omissions. 2. Exclusions This insurance does not apply to: a. b. Liability or penalties arising from a delay or failure to complete a contract or project, or to complete a contract or project on time. c. Liability because of an error or omission: (1) In the preparation of estimates or job costs; (2) Where cost estimates are exceeded; (3) In the preparation of estimates of profit or return on capital; (4) In advising or failure to advise on financing of the work or project; or (5) In advising or failing to advise on any legal work, title checks, form of insurance or suretyship. d. Any liability which arises out of any actual or alleged infringement of copyright or trademark or trade dress or patent, unfair competition or piracy, or theft or wrongful taking of concepts or intellectual property. e. Any liability for damages: (1) From the intentional dishonest, fraudulent, malicious or criminal acts of the Named Insured, or by any partner, member of a limited liability company, or executive officer, or at the direction of any of them; or (2) Which is in fact expected or intended by the insured, even if the injury or damage is of a different degree or type than actually expected or intended. COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 7 of 14 Copyright 2020 FCCI Insurance Group f. Any g. h. in whole or in part, before you have (1) When all of the work called for in your contract or work order has been completed; (2) When all the work to be done at the job site has been completed if your contract calls for work at more than one job site; or (3) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project. Work that may need service or maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as complete. i. hysical possession. j. Any liability arising out of the rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: (1) Providing engineering, architectural or surveying services to others; and (2) Providing or hiring independent professionals to provide engineering, architectural or surveying services in connection with construction work you perform. Professional services include the preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications. Professional services also include supervisory or inspection activities performed as part of any related architectural or engineering activities. But, professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you in connection with construction work you perform. k. Your loss of profit or expected profit and any liability arising therefrom. l. m. relinquished or waived. n. damage arises was performed on your behalf by a subcontractor. o. Any liability arising from the substitution of a material or product for one specified on blueprints, work orders, contracts or engineering specifications unless there has been written authorization, or unless the blueprints, work orders, contracts or engineering specifications were written by you, and you have authorized the changes. p. Liability of others assumed by the insured under any contract or agreement, whether oral or in writing. This exclusion does not apply to liability for damages that the insured would have in the absence of the contract or agreement. 3. For the purposes of Coverage G, the following definition is added to the Definitions section: a. excavating or improvement in the size, use or appearance of any structure or land. 4. Deductible insurance will not be reduced by the application of the deductible amount. COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 8 of 14 Copyright 2020 FCCI Insurance Group notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 5. Cost Factor In the event of a covered loss, you shall, if requested by us, replace the damaged property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. The insurance under COVERAGE G does not apply if a loss is paid under COVERAGE F. COVERAGE H. LOST KEY COVERAGE 1. Insuring Agreement We will pay those sums, subject to the limits of liability described in SECTION III LIMITS OF INSURANCE in this endorsement and the deductible shown below, that you become legally obligated to pay as damages covered by this endorsement are limited to the: a. Actual cost of the keys; b. Cost to adjust locks to accept new keys; or c. Cost of new locks, if required, including the cost of installation. 2. Exclusions This insurance does not apply to: a. Keys owned by any insured, employees of any insured, or anyone acting on behalf of any insured; b. Any resulting loss of use; or c. Any of the following acts by any insured, employees of any insured, or anyone acting on behalf of any insured: 1) Misappropriation; 2) Concealment; 3) Conversion; 4) Fraud; or 5) Dishonesty. 3. Deductible insurance will not be reduced by the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. EXPANDED COVERAGE FOR TE The first paragraph after subparagraph (6) in Exclusion j., Damage to Property is amended to read as follows: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III Limits Of Insurance. COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 9 of 14 Copyright 2020 FCCI Insurance Group SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS COVERAGE A and B is amended as follows: All references to SUPPLEMENTARY PAYMENTS COVERAGES A and B are amended to SUPPLEMENTARY PAYMENTS COVERAGES A, B, D, E, G, and H. 1. Cost of Bail Bonds Paragraph 1.b. is replaced with the following: b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Loss of Earnings Paragraph 1.d. is replaced with the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense to $500 a day because of time off from work. SECTION II WHO IS AN INSURED is amended as follows: 1. Incidental Malpractice Paragraph 2.a.(1)(d) is replaced with the following: (d) Arising out of his or her providing or failing to provide professional health care services. However, this exclusion does not apply to a nurse, emergency medical technician or paramedic employed by you to provide medical services, unless: (i) You are engaged in the occupation or business of providing or offering medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; or (ii) whether the other insurance is primary, excess, contingent or on any other basis. 2. Broadened Who Is An Insured The following are added to Paragraph 2.: Subsidiaries e. Your subsidiaries if: (1) They are legally incorporated entities; and (2) You own more than 50% of the voting stock in such subsidiaries as of the effective date of this policy. If such subsidiaries are not shown in the Declarations, you must report them to us within 180 days of the inception of your original policy. Additional Insureds f. Any person or organization described in paragraphs g. through k. below whom you are required to add as an additional insured on this policy under a written contract or agreement in effect during the term of this However, the insurance afforded to such additional insured(s): (1) Only applies to the extent permitted by law; (2) Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; (3) Will not be broader than that which is afforded to you under this policy; (4) Is subject to the conditions described in paragraphs g. through k. below; and (5) Nothing herein shall extend the term of this policy. COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 10 of 14 Copyright 2020 FCCI Insurance Group g. Owner, Lessor or Manager of Premises If the additional insured is an owner, lessor or manager of premises, such person or organization shall be covered only with respect to liability for advertising the ownership, maintenance or use of that part of any premises leased to you and subject to the following additional exclusions: (1) that takes place after you cease to occupy those premises; or (2) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization. h. State or Governmental Agency or Subdivision or Political Subdivision Permits or Authorizations If the additional insured is the state or any political subdivision, the state or political subdivision shall be covered only with respect to operations performed by you or on your behalf for which the state or political subdivision has issued a permit or authorization. This insurance does not apply to: (1) performed for the federal government, state or municipality; or (2) - i. Lessor of Leased Equipment If the additional insured is a lessor of leased equipment, such lessor shall be covered only with respect to part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does j. Mortgagee, Assignee, or Receiver If the additional Insured is a mortgagee, assignee, or receiver of premises, such mortgagee, assignee or receiver of premises is an additional insured only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. k. Vendor If the additional insured is a vendor, such vendor is an additional insured only with respect to liability for (1) The insurance afforded to the vendor does not apply to: (a) obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in absence of the contract or agreement. (b) Any express warranty unauthorized by you; (c) (d) Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 11 of 14 Copyright 2020 FCCI Insurance Group (f) Demonstration, installation, servicing or repair operations, except such operations performed at (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) acts or omissions or those of its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: i. The exceptions contained in Subparagraphs d. or f.; or ii. Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. Newly Formed or Acquired Organizations Paragraph 3. is amended as follows: a. Coverage under this provision is afforded until the end of the policy period. d. Coverage A does not apply to product recall expense arising out of any withdrawal or recall that occurred before you acquired or formed the organization. SECTION III LIMITS OF INSURANCE is amended as follows: 1. Paragraph 2. is replaced with the following: 2. The General Aggregate Limit is the most we will pay for the sum of: a. Medical expenses under Coverage C; b. - c. Damages under Coverage B; d. e. Care, Custody or Control damages under Coverage E.; and f. Lost Key Coverage under Coverage H. 2. Paragraph 5. is replaced with the following: 5. Subject to Paragraph 2. or 3. above, whichever applies, the Each Occurrence Limit is the most we will pay for the sum of: a. Damages under Coverage A; b. Medical expenses under Coverage C; c. d. Care, Custody or Control damages under Coverage E; e. Limited Product Withdrawal Expense under Coverage F; f. Contractors Errors and Omissions under Coverage G.; and, g. Lost Key Coverage under Coverage H. 3. Paragraph 6. is replaced with the following: COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 12 of 14 Copyright 2020 FCCI Insurance Group 6. Subject to Paragraph 5. above the Damage To Premises Rented To You Limit is the most we will pay or in the case of damage by fire or explosion, while rented to you or temporarily occupied by you with permission of the owner. The Damage to Premises Rented to You Limit is the higher of the Each Occurrence Limit shown in the Declarations or the amount shown in the Declarations as Damage To Premises Rented To You Limit. 4. Paragraph 7. is replaced with the following: 7. Subject to Paragraph 5. above, the higher of $10,000 or the Medical Expense Limit shown in the sustained by any one person. 5. Paragraph 8. is added as follows: 8. Subject to Paragraph 5. above, the most we will pay under Coverage D. Voluntary Property Damage for any one-policy period, regardless of the number of claims made or suits brought, is $3,000. 6. Paragraph 9. is added as follows: 9. Subject to Paragraph 5. above, the most we will pay under Coverage E. Care, Custody or Control for -policy period, regardless of the number of claims made or suits brought, is $5,000. 7. Paragraph 10. is added as follows: 10. Subject to Paragraph 5. above, the most we will pay under Coverage F. Limited Product Withdrawal -policy period, regardless of the number of 8. Paragraph 11. is added as follows: 11. Subject to Paragraph 5. above, the most we will pay under Coverage G. Contractors Errors and Omissions for damage in any one- brought, or persons or organizations making claim For errors in contract or job specifications or in recommendations of products or materials to be used, this policy will not pay for additional costs of products and materials to be used that would not have been incurred had the correct recommendations or specifications been made. 9. Paragraph 12. is added as follows: 12. Subject to Paragraph 5. above, the most we will pay under Coverage H., Lost Key Coverage for damages arising out of any one occurrence is $50,000. 10. Paragraph 13. is added as follows: 13. The General Aggregate Limit applies separately to: a. Each of your projects away from premises owned by or rented to you; or b. premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. 11. Paragraph 14. is added as follows: 14. With respect to the insurance afforded to any additional insured provided coverage under this endorsement: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 13 of 14 Copyright 2020 FCCI Insurance Group a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. SECTION IV COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: 1. Subparagraph 2.a. of Duties In The Event Of Occurrence, Offense, Claim, or Suit is replaced with the following: a. result in a claim. This requirement applies only following: (1) An individual who is the sole owner; (2) A partner, if you are a partnership or joint venture; (3) (4) A manager, if you are a limited liability company; (5) A person or organization having proper temporary custody of your property if you die; (6) The legal representative of you if you die; or (7) real estate manager. To the extent possible, notice should include: (1) (2) The names and addresses of any injured persons and witnesses; and (3) The nature and location of any injury or damage ar 2. The following is added to Subparagraph 2.b. of Duties In The Event Of Occurrence, Offense, Claim, or Suit: (1) An individual who is the sole owner; (2) A partner or insurance manager, if you are a partnership or joint venture; (3) (4) A manager or insurance manager, if you are a limited liability company; (5) Your officials, trustees, board members or insurance manager, if you are a not-for-profit organization; (6) A person or organization having proper temporary custody of your property if you die; (7) The legal representative of you if you die; or (8) 3. The following is added to paragraph 2. of Duties in the Event of Occurrence, Offense, Claim or Suit: e.nsation carrier that develops into a liability claim for ever, you may be a liability claim rather than a workers compensation claim. COMMERCIAL GENERAL LIABILITY CGL 088 (02 21) CGL 088 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 14 of 14 Copyright 2020 FCCI Insurance Group 4. Paragraph 6. is replaced with the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Any error or omission in the description of, or failure to completely describe or disclose any premises, operations or products intended to be covered by the Coverage Form will not invalidate or affect coverage for those premises, operations or products, provided such error or omission or failure to completely describe or disclose premises, operations or products was not intentional. You must report such error or omission to us as soon as practicable after its discovery. However, this provision does not affect our right to collect additional premium charges or exercise our right of cancellation or nonrenewal. 5. The following is added to paragraph 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery against any person or organization, because of any payment we make under this Coverage Part, to whom the insured has waived its right of recovery in a written contract or agreement. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person or organization prior to loss. 6. Paragraph 10. is added as follows: 10. Liberalization If we revise this Coverage Form to provide more coverage without additional premium charge, your policy will automatically provide the additional coverage as of the day the revision is effective in the applicable state(s). ^HS^ COMMERCIAL GENERAL LIABILITY CGL 121 (02 21)^HE^ ^FS^CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 2 Copyright 2020 FCCI Insurance Group.^FE^ THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS AUTOMATIC STATUS WHEN REQUIRED IN CONTRACT OR AGREEMENT ONGOING OPERATIONS AND PRODUCTS-COMPLETED OPERATIONS (TEXAS LIMITED SOLE NEGLIGENCE) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE (OPTIONAL) Name of Additional Insured Persons or Organizations (As required by written contract or agreement per Paragraph A. below.) Locations of Covered Operations BLANKET (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) A. Section II Who Is An Insured is amended to include as an additional insured: 1. Any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement in effect during the term of this policy that such person or organization be added as an additional insured on your policy; and 2. Any other person or organization you are required to add as an additional insured under the contract or agreement described in Paragraph 1. above; and 3. The particular person or organization, if any, scheduled above. agreement described in Paragraph 1. above and caused, in whole or in part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured; or c. -completed operations written contract or agreement. f the additional insured, but only if such coverage is specifically required in the written contract or agreement. However, the insurance afforded to such additional insured(s) described above: a. Only applies to the extent permitted by law; b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; ^HS^ COMMERCIAL GENERAL LIABILITY CGL 121 (02 21)^HE^ ^FS^CGL 121 (02 21) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 2 Copyright 2020 FCCI Insurance Group.^FE^ c. Will not be broader than that which is afforded to you under this policy; and d. Nothing herein shall extend the term of this policy. B. The insurance provided to the additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. C. This insurance is excess over any other valid and collectible insurance available to the additional insured whether on a primary, excess, contingent or any other basis; unless the written contract or agreement requires that this insurance be primary and non-contributory, in which case this insurance will be primary and non-contributory relative to insurance on which the additional insured is a Named Insured. D. With respect to the insurance afforded to these additional insureds, the following is added to Section III Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1.; or 2. Available under the applicable Limits of Insurance; whichever is less. This endorsement shall not increase the applicable Limits of Insurance. E. Section IV Commercial General Liability Conditions is amended as follows: The Duties In The Event of Occurrence, Offense, Claim or Suit condition is amended to add the following additional conditions applicable to the additional insured: An additional insured under this endorsement must as soon as practicable: 1. insurance, and of any 2. conditions; and 3. cover the additional insured for a loss we cover under this endorsement and agree to make available all such other insurance. However, this condition does not affect Paragraph C. above. We have no duty to defend or indemnify an additional insured under this endorsement until we receive from F. This endorsement does not apply to any additional insured or project that is specifically identified in any other additional insured endorsement attached to the Commercial General Liability Coverage Form. CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. Insured Copy COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART CAU 058 (10 22) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 1 of 4 Copyright 2021 FCCI Insurance Group THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO FIRST CHOICE COVERAGE ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM NOTE: The following are additions, replacements and amendments to the Business Auto Coverage Form, and will apply unless excluded by separate endorsement(s) to the Business Auto Coverage Form. With respect to coverages provided by this endorsement, the provisions of the Business Auto Coverage Form apply unless modified by this endorsement. The Business Auto Coverage Form is amended as follows: SECTION II COVERED AUTOS LIABILITY COVERAGE is amended as follows: A. Paragraph 1. Who Is An Insured in section A. Coverage is amended by the addition of the following: d. Any legally incorporated subsidiary of yours in which you own more than 50% of the voting stock on the exhaustion of its limits of insurance. In order for such subsidiaries to be considered insured under this policy, you must notify us of such subsidiaries within 60 days of policy effective date. e.Any organization you newly acquire or form during the policy period, other than a partnership or joint venture, and over which you maintain sole ownership or a majority interest. However, coverage under this provision: (1) insurance; (2) D organization; and (3) Is afforded only for the first 90 days after you acquire or form the organization or until the end of the policy period, whichever comes first. f. Any person or organization who is required under a written contract or agreement between you and that occurs and that is in effect during for Liability Coverage, but only for damages to which this insurance applies and only to the extent that rovision contained in Section II. g. (1) member of his or her household, while performing duties related to the conduct of your business or your personal affairs; or (2) does not qualify h. borrow, while performing duties related to the conduct of your business or your personal affairs. COMMERCIAL AUTO CAU 058 (10 22) COMMERCIAL AUTO CAU 058 (10 22) CAU 058 (10 22) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 2 of 4 Copyright 2021 FCCI Insurance Group B. Paragraphs (2) and (4) under section 2. Coverage Extensions, a. Supplementary Payments are deleted and replaced by the following: (2) Up to $3,000 for cost of bail bonds (including bonds for related traffic violations) required because of an (4) up to $500 a day because of time off from work. C. Paragraph 5. under section B. Exclusions is deleted and replaced by the following: 5. Fellow Employee a. employment or while performing duties related to the conduct of your business. However, this exclusion llectible insurance; or b. The spouse, child, parent, brother or sister of that fellow "employee" as a consequence of Paragraph a. above. SECTION III PHYSICAL DAMAGE COVERAGE is amended as follows: A. Paragraph 4. Coverage Extensions under section A. Coverage is deleted and replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a total maximum of $1,500 for temporary transportation expense incurred by you due to covered loss to any covered auto. We will pa carry either Comprehensive or Specified Causes Of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 24 hours after a loss and ending, regardless of the poli b. Loss of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for hired "autos"; (2) Specified Causes of Loss only if the Declarations indicate that Specified Causes of Loss Coverage is provided for hired "autos"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for hired "autos". However, the most we will pay for any expenses for loss of use to any one vehicle is $75 per day, to a total maximum of $1,500. B. The following is added to paragraph 4. Coverage Extensions under section A. Coverage: c. Fire Department Service Charge When a fire department is called to sav occupants from a covered cause of loss, we will pay up to $1,000 for your liability for fire department service charges assumed by contractor or agreement prior to loss. No deductible applies to this additional coverage. COMMERCIAL AUTO CAU 058 (10 22) CAU 058 (10 22) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 3 of 4 Copyright 2021 FCCI Insurance Group d. Auto Loan/Lease Gap Coverage The following provisions apply: (1) coverage form and the lessor of the covered on the lease, less the amount paid under the Physical Damage Coverage Section of the policy; and less any: (a) Overdue lease or loan payments including penalties, interest, or other charges resulting from (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not refunded by the lessor; (d) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. (2) will pay any unpaid amount due on the loan, less the amount paid under the Physical Damage Coverage Section of the policy; and less any; (a) (b) Costs for extended warranties, Credit Life Insurance, Health Accident or Disability Insurance purchased with the loan; and (c) Carry-over balances from previous loans. C. Paragraph 3. under section B. Exclusions is deleted and replaced by the following: 3.confined to: a.Wear and tear, freezing, mechanical or electrical breakdown b. Blowouts, punctures or other road damage to tires This exclusion does not apply to such "loss" resulting from the total theft of a covered "auto". due to a cause other t A.1.b and A.1.c.but only: a. b. The airbags are not covered under any warranty; and c.The airbags were not intentionally inflated We will D. Section D. Deductible is deleted and replaced by the following: D. Deductible be reduced by the applicable deductible shown in the Declarations prior to the application of the Limit of Insurance provided that: 1. by: a.Theft or mischief or vandalism; or b. All perils. COMMERCIAL AUTO CAU 058 (10 22) CAU 058 (10 22) Includes copyrighted material of the Insurance Services Office, Inc., with its permission. Page 4 of 4 Copyright 2021 FCCI Insurance Group 2. a.Theft or mischief or vandalism; or b.All perils; will be equal to five times the highest Comprehensive or Specified Causes of Loss Coverage. The application of the highest deductible used damaged 3.Any Comprehensive Coverage deductible shown in the Declarations does not apply to: a."Loss" arising out of theft of your vehicle if your vehicle is equipped with an active GPS tracking system. b.Glass damage if repaired rather than replaced. SECTION IV BUSINESS AUTO CONDITIONS is amended as follows: A. The following is added to paragraph a. under section A. Loss Conditions, 2. Duties in the Event of Accident, Claim, Suit or Loss: (a) You, if you are an individual; (b) A partner, if you are a partnership; (c) An executive officer or insurance manager, if you are a corporation; or (d) A member or manager, if you are a limited liability company. B. Condition 5. Transfer of Rights of Recovery against Others to Us under section A. Loss Conditions is deleted and replaced by the following: 5. Transfer of Rights of Recovery against Others to Us If a person or organization to or for whom we make payment under this coverage form has rights to recover damages from another, those rights are transferred to us. That person or organization must do everything if the insured has waived rights to recover through a written contract, or if your work was commenced under a letter of intent or work order, subject to a subsequent reduction in writing of such a waiver with customers whose customary contracts require a waiver, we waive any right of recovery we may have under this coverage form. C. The following is added to Condition 2. Concealment, Misrepresentation or Fraud under section B. General Conditions: However, if you unintentionally fail to disclose any hazards at the inception of your policy, we will not deny coverage under this coverage form because of such failure. This provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. D. Paragraph b. of Condition 5. Other Insurance under section B. General Conditions is deleted and replaced by the following: b. (1) row; and (2) or borrowed with a driver is not a partnership), members (if you are a limited liability company), or members of their households. 2 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 42 03 04 B (Ed. 6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be 2 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Date:01/Ol/2024 Policy No. SLICWC0470902 Endorsement No. Policy Effective Date: Ol/Ol/2024 to Ol/Ol/2025 Premium $ Insured: XIT Paving & Construction, Inc DBA: Carrier Name / Code: Service Lloyds Insurance Company ,� i WC 42 03 04 B Countersigned by � � (Ed. 6-14) 0 Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. Page 1 of 1 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 SECTION 00 61 25 CERTIFICATE OF INSURANCE [Assemble�^.• For Contract Document execution, remove this page and replace with standard ACORD Certificate oflnsurance form.J END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2024 Concrete Reconstruction Conh-act 2 City Project No. l O5ll 9 105119-CNST-2024 Concrete Reconstruction Contract 2 Final Audit Report 2024-08-28 Created: 2024-08-21 By: Barbara Pryor (Barbara.Pryor@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAeFoIx9g8PHKj9MT_-67Y32Lx4YqpfXbg "105119-CNST-2024 Concrete Reconstruction Contract 2" Histo I�J �':f Document created by Barbara Pryor (Barbara.Pryor@fortworthtexas.gov) 2024-08-21 - 9:06:57 PM GMT- IP address: 204.10.90.100 !�a Document e-signed by Barbara Pryor (Barbara.Pryor@fortworthtexas.gov) Signature Date: 2024-08-21 - 9:20:23 PM GMT - Time Source: server- IP address: 204.10.90.100 �:• Document emailed to doug@xitpaving.com for signature 2024-08-21 - 9:20:30 PM GMT �':� Email viewed by doug@xitpaving.com 2024-08-22 - 1:17:07 PM GMT- IP address: 12.90.1.110 !yo Signer doug@xitpaving.com entered name at signing as Doug Spradley 2024-08-22 - 1:20:04 PM GMT- IP address: 12.90.1.110 � Doug Spradley (doug@xitpaving.com) uploaded the following supporting documents: !� Certificate of Insurance ,.:> Contractor Compliance with Worker's Compensation Law ,.:> Maintenance/Warranty Bond <% Payment Bond t � Performance Bond 2024-08-22 - 1:20:06 PM GMT :=�� Document e-signed by Doug Spradley (doug@xitpaving.com) Signature Date: 2024-08-22 - 1:20:06 PM GMT - Time Source: server- IP address: 12.90.1.110 , Document emailed to Iretomiwa Otuyelu (Iretomiwa.Otuyelu@fortworthtexas.gov) for signature 2024-08-22 - 1:20:14 PM GMT �'��������.iy PaweredbY � Adohe Acrvbat 5ign �`'s Email viewed by Iretomiwa Otuyelu (Iretomiwa.Otuyelu@fortworthtexas.gov) 2024-08-22 - 2:29:18 PM GMT- IP address: 204.10.90.100 �7� Document e-signed by Iretomiwa Otuyelu (Iretomiwa.Otuyelu@fortworthtexas.gov) Signature Date: 2024-08-22 - 2:29:34 PM GMT - Time Source: server- IP address: 204.10.90.100 `-- ; Document emailed to Leonel Rios (Leonel.Rios@fortworthtexas.gov) for signature 2024-08-22 - 2:29:44 PM GMT `_� Email viewed by Leonel Rios (Leonel.Rios@fortworthtexas.gov) 2024-08-28 - 2:44:09 PM GMT- IP address: 204.10.90.100 t'�� Leonel Rios (Leonel.Rios@fortworthtexas.gov) uploaded the following supporting documents: .,• �F Bond Verification t_ M&C 2024-08-28 - 2:46:34 PM GMT c-r�. Document e-signed by Leonel Rios (Leonel.Rios@fortworthtexas.gov) Signature Date: 2024-08-28 - 2:46:34 PM GMT - Time Source: server- IP address: 204.10.90.100 � Agreement completed. 2024-08-28 - 2:46:34 PM GMT �'��������.iy PaweredbY � Adohe Acrvbat 5ign 105119-CNST-2024 Concrete Reconstruction Contract 2 Final Audit Report 2024-09-11 Created: 2024-09-03 By: Leonel Rios (Leonel.Rios@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAA3QGjBtVn3LzFtiKD6s70F94dZji-6qMY "105119-CNST-2024 Concrete Reconstruction Contract 2" Histo I�J �.� Document created by Leonel Rios (Leonel.Rios@fortworthtexas.gov) 2024-09-03 - 4:46:11 PM GMT- IP address: 204.10.90.100 =�« Document e-signed by Leonel Rios (Leonel.Rios@fortworthtexas.gov) Signature Date: 2024-09-03 - 5:22:13 PM GMT - Time Source: server- IP address: 204.10.90.100 ; Document emailed to Donnette Murphy (donnette.murphy@fortworthtexas.gov) for filling 2024-09-03 - 5:22:20 PM GMT � Email viewed by Donnette Murphy (donnette.murphy@fortworthtexas.gov) 2024-09-05 - 11:22:08 PM GMT- IP address: 204.10.90.100 « Form filled by Donnette Murphy (donnette.murphy@fortworthtexas.gov) Form filling Date: 2024-09-05 - 11:22:16 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Iretomiwa Otuyelu (Iretomiwa.Otuyelu@fortworthtexas.gov) for filling 2024-09-05 - 11:22:23 PM GMT _.� Email viewed by Iretomiwa Otuyelu (Iretomiwa.Otuyelu@fortworthtexas.gov) 2024-09-06 - 1:04:30 PM GMT- IP address: 172.59.192.73 =-� Form filled by Iretomiwa Otuyelu (Iretomiwa.Otuyelu@fortworthtexas.gov) Form filling Date: 2024-09-09 - 12:55:03 PM GMT - Time Source: server- IP address: 204.10.90.100 ,• Document emailed to Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) for approval 2024-09-09 - 12:55:10 PM GMT _� Email viewed by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) 2024-09-09 - 1:39:25 PM GMT- IP address: 204.10.90.100 ���� 1'1'd�i��'iy Pawered by � Adohe Acrobat 5ign '=`�:: Document approved by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) Approval Date: 2024-09-11 - 3:30:29 PM GMT - Time Source: server- IP address: 208.184.124.181 Document emailed to Douglas Black (Douglas.Black@fortworthtexas.gov) for signature 2024-09-11 - 3:30:38 PM GMT _; Document declined by Douglas Black (Douglas.Black@fortworthtexas.gov) Decline reason: the PPM bonds need to have dates on first page and of execution filled in. Staff may do it in collaboration with Contractor. 2024-09-11 - 7:09:02 PM GMT- IP address: 107.140.30.128 ���� 1'1'd�i��'iy Pawered by � Adohe Acrobat 5ign 105119-CNST-2024 Concrete Reconstruction Contract 2 Final Audit Report 2024-09-24 Created: 2024-09-23 By: Leonel Rios (Leonel.Rios@fortworthtexas.gov) Status: Canceled / Declined Transaction ID: CBJCHBCAABAAgsMm1t3y800QEAy9jtqOEYCU23864Tga "105119-CNST-2024 Concrete Reconstruction Contract 2" Histo I�J �.� Document created by Leonel Rios (Leonel.Rios@fortworthtexas.gov) 2024-09-23 - 9:46:59 PM GMT- IP address: 204.10.90.100 =�« Document e-signed by Leonel Rios (Leonel.Rios@fortworthtexas.gov) Signature Date: 2024-09-23 - 10:19:37 PM GMT - Time Source: server- IP address: 204.10.90.100 ; Document emailed to Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) for approval 2024-09-23 - 10:19:44 PM GMT � Email viewed by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) 2024-09-23 - 10:28:32 PM GMT- IP address: 24.170.55.78 �« Document approved by Priscilla Ramirez (Priscilla.Ramirez@fortworthtexas.gov) Approval Date: 2024-09-24 - 1:24:27 PM GMT - Time Source: server- IP address: 208.184.124.181 `. Document emailed to Douglas Black (Douglas.Black@fortworthtexas.gov) for signature 2024-09-24 - 1:24:38 PM GMT -..� Document declined by Douglas Black (Douglas.Black@fortworthtexas.gov) Decline reason: Legal signs on the Agreement itself. There is no need for a supplemental signature block at the end of the document. 2024-09-24 - 10:56:43 PM GMT- IP address: 208.184.124.181 ���� 1'1'd�i��'iy Pawered by � Adohe Acrobat 5ign FoRT WoRTH�� Routing and Transmittal Slip Transportation & Public Worl;s Department DOCUMENT TITLE:105119-CNST-2024 Concrete Reconstruction Contract 2 M&C: 24-0744 Date: 09/25/24 To: Name 1. Risk Ma� 2, TPW AD CPN: 105119 ent 3. Lauren Prieur 4. Priscilla Ramirez 5. Dou¢ Black 6. Jesica McEachern 7 Ronald Gonzales 8 Jannette Goodall 9 Allison Tidwell 10. TPW Coatracts �w DOC#: Initials Date Out Signed in initial phas 2 routing Signed in initial phas 2 routing Signed in initial phas 2 routing Signed in initial phas 2 routing �,a�,v-aa�i�r �� CSCO-Form Filler r� �w 09/26/24 10/02/24 10/02/24 10/02/24 10/03/24 CC: Program Manager, 3r. CPO, TPW HSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR C1TY MANAGER'S SIGNATURE: All docucnents received from any and all City Depathnents requesting City Manager's signature for approval MUST BE ROUTED TO Tf� 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 ROUTIIVG TO CSO: �YES ❑No Action Reguired: ❑ As Requested ❑ For Your Information � Signature/Routing and or Recording o ���t n Flle Link to general conditions & specifications NEXT DAY: ❑YES ONo ❑ Attach Signature, Initial and Notary Tabs CSO: Return To: Please notify TPWContracts a�fortworthteaas.�ov for pickup when complete. Call eat. 7Z33 or eaw 8363 with que9tions. Thank you! From:Muni Rabah To:Pryor, Barbara M Cc:Rios, Leonel; TPW Contracts; Amy Butler Subject:XIT- Bond verification 105119 2024 Concrete Recon Contract 2 Date:Monday, August 26, 2024 9:49:19 AM Attachments:image003.png image004.png CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Good morning, Please consider this email as confirmation bond 411748H is valid and in force with the below information. Bond # 411748H (performance , payment, and maintenance bond ) between XIT Paving and Construction Inc. , City of Fort Worth (obligee) , and Westfield Insurance Company (surety) on project 2024 Concrete Reconstruction Contract 2 City Project No. 105119 in the amount of $1,625,393.00. Muni Rabah Client Experience Leader, Surety O: 972-771-4071 D: 972-772-7263 Muni.Rabah@baldwin.com K&S Insurance is now The Baldwin Group. Click here to learn more. Send your certificate requests to certs@kandsins.com Click here to make an online payment. Disclaimer From: Pryor, Barbara M <Barbara.Pryor@fortworthtexas.gov> Sent: Monday, August 26, 2024 9:34 AM To: Muni Rabah <Muni.Rabah@kandsins.com> Cc: Rios, Leonel <Leonel.Rios@fortworthtexas.gov>; TPW Contracts <TPWContracts@fortworthtexas.gov> Subject: FW: Bond verification 105119 2024 Concrete Recon Contract 2 CAUTION: External Message. Beware any links or attachments Good morning, The City of Fort Worth requires bond verification before a contract can be executed, we have received the following bonds from XIT Paving & Construction - Bond No. 411748H, in the amount of $1,625,393.00 from Westfield Insurance Company for City Project #105119, 2024 Concrete Reconstruction Contract 2. Please provide confirmation that the bonds and dollar amounts are valid so we can move forward with awarding Xit Paving & Construction their contract. If you need any additional information, please contact me. Thank you, Barbara Pryor Management Analyst II TPW Business Support 817-392-8661 (office) 100 Fort Worth Trail, Fort Worth, Texas 76102 barbara.pryor@FortWorthTexas.gov FORT ��RTH� Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2024 Concrete Reconstruction Contract 2 M&C: Pending 8/27/24 CPN: 105119 CSO: Pending DOC#: Date: 08/21 /24 To: 1. 2. 3. 4. 5. 6. 7 8 9 10. Name Doug Spradley Iretomiwa Otuyelu Leonel Rios Department Initials Vendor-Signer „ as TPW-Signer ��=rom��,�ao�'A�a�zzoz4 TPW-Review � �'� Date Out 08/22/24 08/22/24 08/28/24 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts , a�� DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents ►-eceived 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 ROUTING TO CSO: �YES ❑No Action Required: ❑ As Requested ❑ For Your Information � Signature/Routing and or Recording ❑ Comment ❑ File NEXT DAY: ❑YES ❑No ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(a�fortworthtexas.�ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! � Bond Verification � M&C