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Home My WebLink AboutContract 62381CSC No. 62381 FORTWORTHOH CONTRACT FOR THE CONSTRUCTION OF PEDESTRIAN SAFETY IMPROVEMENTS FOR LONG AVE City Project No. 104299 Mattie Parker Mayor David Cooke City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department 2024 Kimley-Horn and Associates, Inc. Abhishek Acharya, P.E. 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, Texas 76102 817-335-6511 TBPE Firm No. F-928 P�.00Fo T�q�6/6/2024 ®B 0 o000000000000000000000*0® 0, ABHISHEK ACHARYA ®0—o 0000000000000000aaaaoo� ®0 124094 o w � ®®o ®/gam`'iCEWs . OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH, City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 TABLE OF CONTENTS Page 1 of 5 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 02/08/2024 0021 13 Instructions to Bidders 01/17/2024 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vender- r,,...,plia-n e to S 0 .T../wu Naiffeside 4 B a ao 06/ i 0045 11 Bidders Prequalifications 08/13/2011 0045 12 Prequalification Statement 09/30/2021 0015 nQ/t z 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 3/08/2024 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 0061 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 03/08/2024 00 73 00 Supplementary Conditions 03/08/2024 Division 01 - General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 3120 Project Meetings 07/01/2011 01 32 16 Construction Schedule 10/06/2023 01 3233 Preconstruction Video 07/01/2011 01 3300 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 0158 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 7123 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 0177 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised March 8, 2024 00 00 00 TABLE OF CONTENTS Page 2 of 5 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents None Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httiD:Hfortworthtexas.eov/tiDw/contractors/ or htti)s://apps.fortworthtexas.2ov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 0241 14 Utility Removal/Abandonment 12/20/2012 02 4z1--15 Paving n o.,.,,ya 02 /n o Division 03 - Concrete 03 34-13 Controlled row Stfe.gt McAe.-;nt (C crag i2Q0Q0i2 Division 26 - Electrical 26 05 00 Common Work Results for Electrical 03/11/2022 26 05 33 Raceways and Boxes for Electrical Systems 12/20/2012 2605 3 Undefgr-ound Tloets and Raee.. ays f Eleetfienl Systems 0�/nm r01QO14 7l�8 E:1IYPYY.Ur1.eatiens Multi Doet Gen"it 02Q6Qozv Division 31 - Earthwork 31 0000 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 n1 /3 312323 31 24 00 Beffew Embankments 01/28/2013 31 25 00 31�r36 Erosion and Sediment Control 04/29/2021 1 /�zr20/20 00 31 37 00 Gabiens Riprap z 12/20/2012 Division 32 - Exterior Improvements 32 0i i7 fV- "irk P_orc�,r Q/'�;z 32 11 23 Flexible Base Courses 12/20/2012 3'�9 T e Tr-ea4ed Base !''etff12/�lzz 202viz 3'� Liquid ad Foil fteabdi er 09/his 3212 16 Asphalt Paving 12/20/2012 32 13 13 Concrete Paving 06/10/2022 CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised March 8, 2024 1 32 1320 32 1613 32 1723 3 7�5 3231 13 �323126 323129 3232 13 3291 19 32 92 13 3292 4 32 3q 9✓ 43 Concrete Sidewalks, Driveways and Barrier Free Ramps 136jk UritPa-ving Concrete Curb and Gutters and Valley Gutters Pavement Markings Curb aaz Chain Fences and Gates Cast -in -Place Concrete Retaining Walls Topsoil Placement and Finishing of Roadway Right-of-ways Sodding ,.To N ive coed;,.,. Native ✓l✓&-and Wildflower Seeding Trees and Shfubs 00 00 00 TABLE OF CONTENTS Page 3 of 5 12/09/2022 12/09/2022 06/ 10/2022 12/20/2012 12/7 z 11 Piz 06/05/2018 03/11/2022 05/ 13/2021 05/1�2 1 n1 /n� 1 'l1 Piz Division 33 - Utilities 22�0 Sewer and Manhole Testing 09/0742019 22�T Closed Gi-eu t Television(GGTA() inspo..+;c . can1loarj er 03/lv�r1142022 330132 32 Closed Gir-euit Television (GGTA7) Tnspeetion Sicvm D: ir. 12/03 23 03 10 %-r%ca Du1R o .g of E*isting Sewer Systo,�„� 12/7�zr2042012 33 04 10 1 1 2 /7�z zvizviz 33 04 (`..,-.-osio,,, Control Test Stations 12/7zzr20,L20 z 33 04 Magnesium Anode Ga, die Pr-oteet; r Syste-n 12/�tz 33 04 40 and Acceptance Testing fWater Mains 02/no ti�13 33 04 50 Cleaning of Pipes 03/11,9022 22�o Utility Trench R..eay tint, L,mt2d epA and R..,.kfil 04/0242021 22�2 Water- Line 1 .,we -in 1 2/'fez 22�3 > r-afne Cove- ad Gr- de Ring no/n 2 33 05 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade 110 C ne fete Water- Vaults 12/�2042012 22�0 Auger Boring 12/20,9012 T 33052T 1 �.urmalT � .�^. ar Plate 12/20,9012 330522 Stee4-'._,miA. g Firs 12/zzr2042012 22�3 17.,*d T,,,„noliag 12/'lzzr2042012 22�4 lnst.,lla4ion of Cafr-ier-Pipe i (`.,s;.-.g or- Tunnel Liner- Pl.,tee 12/0z 330530 1 ,,e tier of Existing Utilities 12/'fez 33 1105 05 Bolts, Nu4s and !`_.,slots 12/'1!1/204-1 �-� r-v� , , r�rzvrzvzz -zy 1 1 11 r1,,�nO'1 Fitrisgs 09/ T .'-3 11 12 ,Pro 0 mr—eRipe o�z Type 12/' ?-1 .,ppe Stool Cylinder- z .� 11 1., Een�et� ProO�ra Pita, Jar � 1( r , 1 1 14 B -ied Stool Pipe and >~44in.s 12/20,L2012 33 1229 Resilient Sea4ed Gate V 1w 05/n�IS CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised March 8, 2024 00 00 00 TABLE OF CONTENTS Page 4 of 5 22�T 22 1225 �� 33 1230 n xx W n Rubber- - Sea4e,l Btwe - fly N7 C.,.meetia t L` +' xx Ta4er-Aa.,i ono �rlv�R C..m1.in tie Aif Va4ye Assemblies f D„t.,ble xxl.,ter System nn /2�n 02/06,9113 o�� 12/20,9012 r 33 1240 22�0 22�0 L';,�s �tOr Ea"i��lJ FiOrl.3iiS Standafd Blow Asseff.bly 01 /0 4 , 2r2n/2n, 2 / �zvrzvzz 06/,vvr192013 33 31 12 ogll.,lye Gur-2d ix Nava P) 12/7 z ?i3 3, 13 F-ib01�� P ainf- ,.ee Pipe for- G -a-y t., C io�tpj-Sewefs 12 /20QO12 ✓3 3, 15 High Density Polyethylene (uDPE) Pipe for- Ca tafy, C'o.. nn /2vTrz3 2019 -a a �' 2� ✓ 31 D.,1...,iny G ler-i (PNIG) Close Dr !` file -ay ty Q.,.� 4 ,-y, Sewer- , 2 /2�rsvTiv iz e Pipe 2_ 2. .� .� 32 � FIr L�I2in Sanit,�� ,r ep g 1 2 /20QO1 2 22 21 22 �rz� 22�o C`aa tmy. Se U' >✓ ��r � I�0 �Rllar�rt Sa-n taFy Sewer- So,. nee C,.,meetions .-ad Ser-y T ; o ,2/20 2l112 rLrrvrtvzz nn /2642 22�0 ee Cl/,,,.,N1.�It1.a n;,-Valve Eanitarj Sewe,-R...-..oA� 12/2�,-2042012 3339 10 22�0 Cact in Plaoe G,.,,,.rete Manholes Precast C,., erete AiTanhol 12/2�;i , 22/2zzr20 2012 22�0 22�0 Fiber -glass Manholes xx asto.,,a4er- n eoess U. or lWAG) ,2/2�, n�z 12/2042012 22�no 22�0 ��Ci F/allltar�' ge r C�, , , ,,-o� Reinforeed C,., St,.,-,Y. Sewer Pipe/Culverts nn/2� o,TQO21 n2/no 1�T 22�z erete High Density Polyethylene (HDPE) Pipo for Stmm Drain 12/2��2 22 I 1 12 Reinfer-eed Polyetl...W fii, (ffTE) Dipv „ /1 � 33 � 1 13 D. :/ice D11w � [1ll�r$a4 Dmin y 06 / 10 ll�i 33 4600 F,tl--d iM�ge 12/2�12 22 4601 1 � Slotted S onm Drains no7/01 /201 1 �= 23 4602 T+enOh Dmir.,j 02/0T 3349 10 Cast -in -Place Manholes and Junction Boxes 12/20/2012 2 2�0 Curb and D?op 03 / iva riiiviz 33 4940 Storm DraiL1amd-uall"— d Wingwalls Q7/0z Division 34 - Transportation 3441 10 Traffic Signals 03/11/2022 3441 10.01 Attachment A — Controller Cabinet 12/18/2015 3441 10.02 Attachment B — Controller Specification 02/2012 3441 10.03 Attachment C — Software Specification 01/2012 34 41 11 2A�3 T:N\mr,—T+a€fQ Firgnvb De...,,ying „/22/2012�n n2/ivsr1110WO 34 41 20 T-r-a e Signals Roadway Illumination Assemblies 12/20/2012 34 41 20.01 Arterial LED Roadway Luminaires 06/15/2015 34 41 20.02 Freeway LED Roadway Luminaires 06/15/2015 34 41 20.03 Residential LED Roadway Luminaires 06/15/2015 34 41 30 Aluminum Signs 11/12/2013 1 34 71 13 Traffic Control 03/22/2021 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 8, 2024 Pedestrian Safety Improvements for Long Ave CPN 104299 00 00 00 TABLE OF CONTENTS Page 5 of 5 TxDOT Specifications The following are applicable TxDOT specifications or special specifications, which were adopted by TxDOT on November 1, 2014: Item 506 Temporary Erosion, Sedimentation, and Environmental Controls Item 1004 Tree Protection Appendix GC4-.0 A-tailtK--K*,, Fly-4.02 FiubmYf ee aa Physieal r nd4iors GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC= 6..QP Potmito and Utilities GG-6-.21 'NoKdio9I GR nt 60 00 Pr-ed et ReWai-Nxn�,,'gc END OF SECTION CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised March 8, 2024 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 000510-1 MAYOR AND COUNCIL COMMUNICATION (M&C) Page 1 of 1 SECTION 00 05 10 MAYOR AND COUNCIL COMMUNICATION (M&C) END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Pedestrian Safety Improvements for Long Ave CPN 104299 11/24/24, 10:39 PM M&C Review ACITY COUNCIL AGEND Create New From This M&C DATE: 11/12/2024 REFERENCE **M&C 24- LOG NAME: NO.: 0997 CODE: C TYPE: CONSENT PUBLIC HEARING: Official site of the City of Fort Worth, Texas FoRWox'11�rH 20LONG AVE ARPA PEDESTRIAN SAFETY IMPROVEMENTS PROJECT Keel SUBJECT: (CD 2) Authorize Execution of a Contract with the Fain Group, Inc., in the Amount of $3,791,653.20 for the Long Avenue Pedestrian Safety Improvements Project (2022 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with the Fain Group, Inc., in the amount of $3,791,653.20 for the Long Avenue American Rescue Plan Act Pedestrian Safety Improvements project (City Project No. 104299). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a construction contract with the Fain Group, Inc., in the amount of $3,791,653.20 for the construction of the Long Avenue Pedestrian Safety Improvements project (City Project No. 104299). This project is part of the American Rescue Plan Act (ARPA) Subtitle M State and Local Fiscal Recovery Funds (SLFRF), of which $16,000,000.00 was allocated for use on City of Fort Worth Transportation and Public Works Projects classified as Majority Minority Area Infrastructure Improvements Projects — Streetlights and Pedestrian Safety. This project's scope includes traffic signal replacement, intersection improvements, the extension of an existing westbound right turn lane, median modifications, sidewalk extensions, accessible pedestrian signals (APS), and Americans with Disabilities Act (ADA) ramps at multiple intersections along Long Avenue from Azle Avenue to McKinley Avenue. This project was advertised for bid on March 7 and March 14, 2024, in the Fort Worth Star -Telegram. On March 28, 2024, the following bid was received: Bidder Fain Group, Inc. Amount $3,791,653.20 The project budget for the Long Avenue ARPA Pedestrian Safety Improvements project is below: Fund Existing Additional project Total Funding Funding 34027 - 2022 Bond $2,900,000.00 $2,900,000.00 Program Fund 31001 -Grants Capital Projects $4,865,000.00 $4,865,000.00 Federal Fund Project Total $7,765,000.00 $7,765,000.00 DVIN OFFICE —Compliance with the City's Business Equity Ordinance has been achieved by the following method: The Business Equity Division placed a 7.21\% business equity goal on this solicitation/contract. The Fain Group, LLC, will be exceeding the goal at 8.23\%, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. apps.cfwnet.org/cou nciI_packet/mc_review.asp? I D=32703&counciIdate=11 /12/2024 1 /2 11/24/24, 10:39 PM M&C Review This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Grants Cap Projects Federal Fund for the ARPA Pedestrian Safety Improve project to support the approval of the above recommendation and execution of the contract. Before any expenditure is incurred, the Transportation & Public Works Department is responsible for validating 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: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 104299 ARPA Lona Ave compliance memo Approved N.pdf (CFW Internal) 104299 M&C FID Attachment.xlsx (CFW Internal) 104299 MC Map WLonaAveARPA CPN104299.pdf (Public) 104299 SAM Report - Fain Group.pdf (CFW Internal) 1295 - Signed.pdf (CFW Internal) 20LONG AVE ARPA PEDESTRIAN SAFETY IMPROVEMENTS PROJECT.docx (CFW Internal) apps.cfwnet.org/cou nciI_packet/mc_review.asp? I D=32703&counciIdate=11 /12/2024 2/2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 0005 15- 1 ADDENDA Page 1 of 1 SECTION 00 05 15 ADDENDA END OF SECTION CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised July 1, 2011 0005li-1 ADDENDA Page I of 2 I SECTION 00 05 15 2 ADDENDA 3 4 CITY OF FORT WORTH, TEXAS 5 Transportation and Public Works Department 6 7 Pedestrian Safety Improvements for Long Ave 8 City Project No. 104299 9 10 ADDENDUM NO. 2 11 12 Addendum No. 2 Issued: July 15, 2024 13 14 Bid Open Date: July 18, 2024 at 2:00 P.M. 15 16 17 This Addendum forms a part of the plans, contract documents, and specifications for the above 18 referenced project and modifies the original specifications and contract documents. Bidder shall 19 acknowledge receipt of this addendum in the space provided below, and in the proposal (Section 20 00 41 00). Failure to acknowledge receipt of this addendum could subject the bidder to 21 disqualification. 22 23 Prospective bidders are herebv notified of the followina: 24 25 The Plans, and contract documents for Pedestrian Safety Improvements for Long Ave, City 26 Project Number 104299, were previously revised and updated on Bonfire and are hereby 27 documented in Addendum No. 2 as follows: 28 29 1. SPECIFICATIONS & CONTRACT DOCUMENTS: 30 a. SECTION 00 42 43 PROPOSAL FORM — Replace the PROPOSAL FORM in 31 its entirety with the attached revised PROPOSAL FORM. The Irrigation 32 Allowance Unit Price was added. 33 b. BidTable (rev.071524)(BT-)7DQ) — The bidtable was revised in Bonfire to 34 reflect the changes made to the proposal form. 35 2. QUESTIONS RECEIVED ON BONFIRE 36 a. Question #1: Is Bid Item #3212.0401 for HMAC Transition to be used and 37 compensated for primarily placing 2" HMAC Transition in front of new curb & 38 gutter, drive approaches, ADA ramps and concrete paving? 39 b. Answer # 1: Yes, the HMAC Transition item is used primarily for the items listed 40 above. 41 c. Question #2: It appears the temporary striping will be needed; how do we get 42 compensation for temporary pavement striping/markings? Allowance or Traffic 43 Control item? Please clarify. 44 d. Answer #2: Temporary pavement markings are subsidiary to the Traffic Control 45 item. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised July 1, 2011 1 2 3 4 5 G 7 s a 1a li 12 13 14 15 IG 17 18 19 20 21 22 21 24 25 26 27 u 29 30 31 32 33 34 35 36 37 38 39 40 41 42 6aas15-2 ADDENDA Page 2 ar ? e, Question 43: Will the City of Fort Worth please provide the allowance value far bid item "9999.0001 irrigation Allowance." f. Answer ##3: Yes, the attached revised Proposal Farm includes the allowance value for bid item "9999.0001 Irrigation Allowance," This Addendum No. 2 forms part of the Plans, Specifications, and contract documents for the above referenced project and modifies the original project manual and contract documents of the same. Acknowledge your receipt of Addendum No- 2 by completing the requested information in the space provided in Section 00 41 00, Bid Fonn, Page 3 of 3. A signed copy of Addendum No. 2 should be included in the submitted sealed bid at the tine of bid submittal, Failure to acknowledge the receipt of Addendum No, 2 could cause bidder to be considered "NONRESPONS[VE," resulting in disqualification_ Addendum No. 2 RECEIPT ACKNOWLEDGEMENT By: _ ar Frazler, President company: The Fain Group, Inc. -- Address: 2500 Great Southwest Pkwy. ("ity: Fort Worth State: TX Lauren Prieur, P,E. Director, Tratrsportation and Public Works 53t-- By:---- - - Seth Cooksey, P.E. Project Manager, TPW. END OF SECTION CITY OF FORT WORTH Pedestrian Sang• linrrovemanls liar Long Aw STANDARD CONSTRUCTION SPECI ICATTON DOCUMENTS CPN I042199 Itavised July I, 2011 0005 15- 1 ADDENDA Page I of 2 1 SECTION 00 05 15 2 ADDENDA 3 4 CITY OF FORT WORTH, TEXAS 5 Transportation and Public Works Department 6 7 Pedestrian Safety Improvements for Long Ave 8 City Project No. 104299 9 10 ADDENDUM NO. 1 u 12 Addendum No. 1 Issued: July 11, 2024 13 14 Bid Open Date: July 18, 2024 at 2:00 P.M. 15 16 17 This Addendum forms a part of the plans, contract documents, and specifications for the above 18 referenced project and modifies the original specifications and contract documents. Bidder shall 19 acknowledge receipt of this addendum in the space provided below, and in the proposal (Section 20 00 41 00). Failure to acknowledge receipt of this addendum could subject the bidder to 21 disqualification. 22 23 Prospective bidders are herebv notified of the followina: 24 25 The Plans, and contract documents for Pedestrian Safety Improvements for Long Ave, City 26 Project Number 104299, were previously revised and updated on Bonfire and are hereby 27 documented in Addendum No. 1 as follows: 28 29 1. SPECIFICATIONS & CONTRACT DOCUMENTS: 30 a. SECTION 00 21 13 INSTRUCTION TO BIDDERS — Sections 4.1.4 and 17.6 31 were updated. 32 b. SECTION 00 4100 BID FORM — Sections 3, 4 and 5 were revised and updated. 33 c. SECTION 00 42 43 Proposal Form - The bid item total was updated. 34 d. SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW 35 NONRESIDENT BIDDER was removed from the project manual. 36 e. SECTION 00 45 12 PREQUALIFICATION STATEMENT — Two work types 37 were added. 38 f. BidTable (rev.062524)(BT-37DQ) — The bidtable was revised in Bonfire to 39 reflect the changes made to the proposal form. 40 2. QUESTIONS FROM THE PRE -BID MEETING 41 a. Question # 1: Is there a school within the project limits? 42 b. Answer #1 : Yes, Dolores Huerta Elementary School is within the project limits. 43 CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised July 1, 2011 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 IG 17 18 19 20 21 22 23 24 25 26 27 28 29 34 31 32 33 34 35 36 37 38 39 40 0005 13 -2 ADt]LNt]A 11:18C2 of' 2 This Addendum No. 1 forms part of the Plans, Specifications, and contract documents For the above referenced project and modifies the original project manual and contract documents of the same. Acknowledge your receipt of Addendum No, 1 by completing the requested information in the space provided in Section 00 41 00, Bid Form, Page 3 of 3_ A signed copy of Addendum No. 1 should be included in the submitted sealed bid at the time of bid submittal, Failure to acknowledge the receipt of Addendum No. I could cause bidder to be considered "NONRESPONSIVE," resulting in disqualification. Addendum No. I RECEIPT ACKNOWLEDGEMENT lay: Lar I` tier resident Comeany: The train Group, Inc, Address: 2500 Great Southwest Pkwy. City:Fort Worth State. TX Lauren Prieur, P.E. Director, Transportation and Public Works sy: 5Dt7-- Seth Cooksey, P.E. Project Manager, TPW. END OF SECTION CITY OF VORT WOR7I-1 Padeslrian Saialy Improvements Ior LDne Avc STANDARD CON-57RU4TJ()N SPECIFICATION DOCUMENTS CPN I o4299 Revised July I, 701 1 00 11 13 INVITATION TO BIDDERS Pagel of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of Pedestrian Safety Improvements for Long Ave, City Project Number 104299 ("Project") will be received by the City of Fort Worth via the Procurement Portal https:Hfortworthtexas.bonfirehub.com/portal/?tab=ovenOpportunities, under the respective Project until 2:00 P.M. CST, Thursday, July 18, 2024. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST at Fort Worth City Hall, 100 Fort Worth Trail, Fort Worth, Texas, 7th Floor, Room 745. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: httl)s:Hfortworthtexas.bonfirehub. com/nortal/?tab=oDenOpportunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non -responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT For technical questions, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en- us Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 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 major work will consist of the (approximate) following: removal of sidewalk, driveways, curb, asphalt, and concrete pavement, traffic signal installation, sidewalks, driveways, curb ramps, pavement markings, and signs. 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 httl)s://fortworthtexas.bonfirehub.com/l)ortal/?tab=ol)en0pportunities, 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 httl)s://fortworthtexas.bonfirehub.com/_)ortal/?tab=ol)en0pportunities, 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: Tuesday, July 9, 2024 TIME: 9:00 AM, CST 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 Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 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 and reserved by the City for the Project. ADVERTISEMENT DATES June 20, 2024 June 27, 2024 END OF SECTION CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 Revised 2/08/24 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 10 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making electronic Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for 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 qualified, 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:Hai)ps.fortworthtexas. gov/ProiectResources/ CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 10 3.1.1. Paving — Requirements document located at: httos:Hapi)s. fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPavin2 %20Contractor%20Prequalification%2OProaram/PREQUALIFICATION%20REO UIREMENTS%20FOR%20PAVING%2000NTRACTORS.1pdf 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: htti)s:Happs. fortworthtexas.2ov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrecivalification/TPW%2ORoadwa y%20and%20Pedestrian%20Lishtin2%20Prequalification%20Pro2ram/STREET% 20LIGHT%20PREOUAL%20REOMNTS.Udf 0 0 0 OEanito ,14201Se—,efq 2OCo 4r-aet,..oi2nn,.o,,,,.,lifiea4iE)n a>;rmnAVSS 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. 3.5. OMITTED. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 10 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Is advised that, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of award. 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 10 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.1.10. Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 10 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. 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 10 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 httl)s:Hfortworthtexas.bonfirehub. com/l)ortal/?tab=oDenOD1)ortunitie s 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 10 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: httl)s:Hcodelibrarv.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed electronically or signed in ink and scan. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 10 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted electronically in the Procurement Portal on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal httns:Hfortworthtexas.bonfirehub. com/l)ortal/?tab=oi)en0pportunitie s. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 10 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 4-7-. 1. Purcuant , the lowest bid stibmitted by a responsible Texas Bidder- by t 0 oam m. a o chain a Eomporab-ll„ copal pla�f business is leea4ed. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httvs://www.ethics.state.tx.us/data/forms/1295/1295.vdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 10 of 10 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 Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 104299 Revised/Updated 1/17/24 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 44 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIO (Conflict of Interest Questionnaire) (state.tx.us) httos_I/www.ethics.state. N.usldatalfarmslconflicUCI S.odf 0 CIO Form does not apply ❑ CIQ Form is on file with City Secretary LJ CIO Form is being provided to the City Secretary L_I CIS Form does not apply I J CIS Form is on File with City Secretary 13 CIS Form is being provided to the City Secretary BIDDER: The Fain Group, Inc, END OF SECTION! By: Larry. Frazier Signature: Title: President CITY OF FORT WORTH STANDARD CCNSTRUCTION SPECfFICATION DOCUMENTS Revised February 24. 2020 Pedestrian Safety tmprovaments for Long Ave CPN 104259 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: Pedestrian Safety Improvements for Long Ave City Project No.: 104299 Units/Sections: Paving 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pedestrian Safety Improvements for Long Ave Revised 9/30/2021 CPN 104299 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) b. Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 365 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. VemdaF O✓((((halm.: tom. Uata Law niom Resi.aemt Bid a`1r, ""�v-"ter 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 Pedestrian Safety Improvements for Long Ave Revised 9/30/2021 CPN 104299 0041 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. Total Bid 7. Bid Submittal This Bid is submitted on 07/18/2024 Respectfully ubmitted, By: gnature) Larry Frazier (Printed Name) Title: President Company: The Fain Group, Inc. Address: 2500 Great Southest Pkwy. Fort Worth, TX 76106 State of Incorporation: Texas Email: Lfrazier@faingp.com Phone: 817-927-4388 END OF SECTION $3,791,653.20 by the entity named below. Receipt is acknowledged of the Initial following Addenda: JAddendum No. 1: JAddendum No. 2: JAddendum No. 3: I JAddendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pedestrian Safety Improvements for Long Ave Revised 9/30/2021 CPN 104299 00 42 43 BID PROPOSAL Page 1 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information I Bidder's Proposal Unit 1 - Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity 1 0170.0100 Mobilization 017000 LS 1 $_29_0000.0.0 _ $ 290,000.00 2 0241.0100 Remove Sidewalk 0241 13 SY 320 _$52,00 16,640.00 3 0241.0401 Remove Concrete Drive 0241 13 SY 2251 $40.00 ._$ $_ 9,000m 4 0241.0500 Remove Fence 0241 13 LF 55 $19 00 $ 1 045.00 5 0241.1000 Remove Cone Pvmt 0241 13 SY 3,250 $35.00 $-_113,750.00 6 10241.1100 Remove Asphalt Pvmt 0241 13 SY 3,820 $16.Oa $ 61,120.00 7 10241.1300 Remove Cone Curb&Gutter 02 41 00 LF 5,9001 $14.00 $ - _82,600.00 8 10241.1400 Remove Cone Valley Gutter 02 41 00 SY 1601 $35.00 $ 5,600.00 9 10241.3015 Remove 24" Storm Line 0241 14 1 LF 2001 $59,00 $ 11,800.00 10 12605.0111 Fumish/Install Elec Sery Pedestal (Traffic Signal) 26 05 00 1 EA 21 _$11 000.00 $__ 22,000.00 11 2605.3014 2" CONDT RM (Riser) 26 05 33 LF 40 $26.00 1,040 .00 12 2605.3015 2" CONDT PVC SCH 80 (T) ( 26 05 33 LF ( 140 $49.00 - $ _ 6,860.00 13 2605.3016 2" CONDT PVC SCH 80 (B) ( 26 05 33 1 LF 4351 $7800 $_ 33,930.00 14 12605.3025 3" CONDT PVC SCH 80 (T) 1 26 05 33 1 LF 90 $55.00 $ 4 950.00 15 12605.3026 3" CONDT PVC SCH 80 (B) 26 05 33 ( LF 225 $82,00 18,450.00 16 12605.3033 4" CONDT PVC SCH 80 (T) 1 26 05 33 1 LF 1 1651 $59.-00 _$- $ 9,735.00 17 12605.3034 4" CONDT PVC SCH 80 (B) 1 26 05 33 1 LF I 7501 $85.00 $ _ 63 750.00 18 13110.0102 6"-12" Tree Removal 1 31 1000 EA I 8 ( $920.00 $_ 7,360.00 19 13123.0101 Unclassified Excavation by Plan ( 31 23 16 ( CY 3,7501 $48.00 $ 180,000.00 20 13124.0101 Embankment by Plan 31 24 00 1 CY 2501 $48.00 12,000.00 21 13137.0101 Concrete Rivrap 31 3700 SF ( 341 $15.00 _$_ $ 510.00 22 13125.0101 SWPPP > 1 acre 31 25 00 LS 1 $6 700.00 $- _ 6,700.00 23 13211.0113 8" Flexible Base, Type A, GR-1 32 11 23 1 SY 7,650 $25.00 $ 24 13212.0302 2" Asphalt Pvmt Type D 32 12 16 1 SY 1 5,1401 $26.00 $ _191,250.00 133,640.00 25 13212.0401 HMAC Transition 32 12 16 ( TONS 360 ( $158 00 $ _ _56,880.00 26 13212.0505 8" Asphalt Base Type B 32 12 16 SY 5,140 $79.00 $„ 406,060.00 27 13213.0103 8" Cone Pvmt 32 13 13 ( SY 275 $117.00 $ 32,175.00 28 13213.0301 4" Cone Sidewalk 32 13 20 ( SF 6,070 $11.00 $ _66,770.00 29 13213.0321 Cone Sidewalk, Adjacent to Ret Wall 1 32 13 20 ( SF 1801 $29.00 $ 5 220.00 30 13213.0322 Cone Curb at Back of Sidewalk 1 32 1320 1 LF 2001 $23.00 $ 4 600.00 31 13213.0401 6" Concrete Driveway 1 32 13 20 1 SF ( 601 $159.00 $ 9,540.00_ 32 13213.0501 Barrier Free Ramp, Type R-1 32 1320 ( EA 3 $5,485.00 $ 16,455.00 33 3213.0505 Barrier Free Ramp, Type M-3 1 32 13 20 1 EA 1 21 $5,300.00 $ 10,600.00 34 32110506 Barrier Free Ramp, P-1 ( 32 13 20 ( EA 1 121 $5 20000 $ 62,400.00 35 3213.0507 Barrier Free Ramp, Type P-2 32 13 20 1 EA I 1 I $4 600,00 $ 4,600.00 36 3216.0101 6" Cone Curb and Gutter ( 32 16 13 ( LF 1 6,2501 $40,00 $ 250,000.00 37 13216.0301 9" Cone Valley Gutter, Residential 1 32 16 13 SY 1 2071 $135.00 $ _ 27,945.00 38 13217.0101 6" SLD Pvmt Marking HAS (W) 1 32 17 23 1 LF 9,9001 $3.00 $_ 29,700-00.. 39 13217.0102 6" SLD Pvmt Marking HAS (Y) 32 17 23 1 LF 1,015 $3.00 $ _ 3,045.00 40 13217.0103 6" BRK Pvmt Marking HAS (W) 1 32 17 23 1 LF 1 1,990 41 13217.0201 8" SLD Pvmt Marking HAS (W) 1 32 17 23 LF ( 850 $4.00 $ 3 400.00 42 13217.0401 18" SLD Pvmt Marking HAE (W) 1 32 17 23 LF 1 1,6501 $12.00 $ 19,800.00 43 13217.0501 24" SLD Pvmt Marking HAE (W) ( 32 17 23 LF 1 6501 $15_.00 $. 9,750.00 44 13217.0502 Preformed Thermoplastic Contrast Markings - 24" ( 32 17 23 LF 1 6701 $57 00 $ 38 190.00 45 13217.1002 Lane Legend Arrow 1 32 17 23 1 EA 1 191 $230.00 $_ 4,370.00 46 13217.1004 Lane Legend Only 1 32 17 23 1 EA 1 19 _ _ $230.00 -_$_- _ 4070.00.. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pedestrian Safety Improvements for Long Ave Revised 9/30/2021 CPN 104299 00 42 43 BID PROPOSAL Page 2 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit 1 - Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity 47 3217.2103 REFL Raised Marker TY II -A -A 32 1723 EA 14 $8.00 $ 112.00 48 3217.2104 REFL Raised Marker TY II-C-R 32 1723 EA 223 $8.00 $ 1,784.00 49 3217.4301 Remove 4" Pvmt Marking 32 1723 LF 2,595 $5.00 $ 12 975.00 50 3217.4302 Remove 6" Pvmt Marking 32 17 23 LF 8,170 $6.00 $ __ 49,020.00 51 3217.4303 Remove 8" Pvmt Marking 32 1723 LF 845 $6.00 _$__ _ 5,070,00 52 3217.4306 Remove 24" Pvmt Marking 32 1723 LF 955 $15.00 $ 14,325.00 53 3231,0121 4' Chain Link, Aluminum 3231 13 LF 50 $56.00 $ 2,800.00 54 3232.0100 Conc Ret Wall Adjacent to Sidewalk 3232 13 LF 135 $231.00 $ 31,185.00 55 3291.0100 4" Topsoil 3291 19 CY 700 $70.00 $ 49 000.00 56 3292.0100 Block Sod Placement 3292 13 SY 6,250 $11.00 $ 68,750.00 57 3305.0111 Valve Box Adjustment 3305 14 EA 16 $443.00 $ 7 088.00 58 3341.0205 24" RCP, Class III 3341 10 LF 16 $284.00 $ 4,544.00 59 3349.5001 10' Curb Inlet 33 49 20 EA 1 $9,480.0-0 $___-__9,480.00 60 3441.1001 Furnish/Install 3-Sect Signal Head Assmbly 3441 10 EA 23 $-2,850.00 $__ 65,550.00 61 3441.1002 Furnish/Install 4-Sect Signal Head Assmbly 3441 10 EA 4 $3,688.00 $ _14,752.00 62 3441.1003 Furnish/Install 5-Sect Signal Head Assmbly 3441 10 EA 3 $4,758.00 $ 14,274.00 63 3441.1012 Fumish/Install Ped Signal Head Assmbly 3441 10 EA 16 _$1,785.00 $ - 28 560 00_ 64 3441.1209 Furnish/Install BBU System EXT Mounted 3441 10 EA 2 $11 160.00 $ 22 320.00 65 3441.1215 Fumish/Install Hybrid Detection Device 3441 10 APR 4 $.10,930.00 _$ 43 720.00. 66 3441.1220 Fumish/Install Model 711 Preemption Detector 3441 10 EA 8 $3,800.00 $ 30,400.00 67 3441.1224 Furnish/Install Preemption Cable 3441 10 LF 995 $3.00 $ 2,985 .00 68 3441.1031 Furnish/Install Audible Pedestrian Pushbutton 3441 10 EA 16 $1,300,00 $ 20 800.00_ 69 3441.1250 Furnish/Install PTZ Camera 3441 10 EA 3 $10,600.00 70 3441.1255 Furnish/Install Communication Modem 3441 10 EA 3 $4,913.00 $ 14,739.00 71 3441.1260 Furnish/Install CATS Ethemet Cable 3441 10 LF 2,005 $5.00 $_ 10,025.00 72 3441.1311 5/C 14 AWG Multi -Conductor Cable 3441 10 LF 160 $3.00 $ 480.00 73 3441.1312 7/C 14 AWG Multi -Conductor Cable 3441 10 LF 1,455 $5.00 $ 7,275.00 74 3441.1314 10/C 14 AWG Multi -Conductor Cable 3441 10 LF 970 _$7.0-0 $ 6,790.00 75 3441.1315 20/C 14 AWG Multi -Conductor Cable 3441 10 LF 1,230 $10.00 $_ 12.300.00 76 3441.1322 3/C 14 AWG Multi -Conductor Cable 3441 10 LF 2,650 _ $3.00 $__ -_ 7 950.00 77 3441.1408 NO 6 Insulated Elec Condr 3441 10 LF 440 $6.00 $ 2,640.00 78 3441.1410 NO 10 Insulated Elec Condr 3441 10 LF 3,000 $2.00 $ 6,000.00 79 3441.1413 NO 6 Bare Elec Condr SLD 3441 10 LF 210 $4.00 $ 840.00 80 3441.1414 NO 8 Bare Elec Condr 3441 10 LF 1,990 $4.00 $ 7,960.00 81 3441.1503 Ground Box Type D, w/Apron 3441 10 EA 16 $-3,100.00 $__49 _ 600.00 82 3441.1506 Fumish/Install Ground Box Type D 3441 10 EA 3 $2,560.00 $ 7,680.00 83 3441.1603 Furnish/Install 10' - 20' Ped Pole Assmbly 3441 10 EA 5 $4,780.00 $ 23,900.00 84 3441.1611 Furnish/Install Type 41 Signal Pole 3441 10 EA 2 $11 100.00 $ _22,200.00 85 3441.1612 Furnish/Install Type 42 Signal Pole 3441 10 EA 2 $9 650.00 $ 19,300.00 86 3441.1613 Furnish/Install Type 43 Signal Pole 3441 10 EA 2 $13,240.00 $ 26,480.00 87 3441.1614 Fumish/Install Type 44 Signal Pole 3441 10 EA 1 $12,225,00 $ 12,225.00- 88 3441.1615 Fumish/Install Type 45 Signal Pole 3441 10 EA 4 $17 750.00 $ 71,000.00 __- __.. 89 3441.1623 Furnish/Install Mast Arm 16'- 36' 3441 10 EA 2 $6,769.00 $ 13,538.00 90 3441.1624 Fumish/Install Mast Arm 40' - 48' 3441 10 EA 3 $9 780.00 $_-_29 340.00.. 91 3441.1625 Furnish/Install Mast Arm 52' - 60' 3441 10 EA 4 $14,180.00 $ 56,720.00 92 3441.1701 TY 1 Signal Foundation 3441 10 EA 5 $5,389.00 $ - 26,945,00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pedestrian Safety Improvements for Lang Ave Revised 9/30/2021 CPN 104299 00 42 43 BID PROPOSAL Page 3 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Unit 1 - Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity 93 3441.1703 TY 3 Signal Foundation 3441 10 EA 2 $10,796.00 $ 21,592.00 94 3441.1704 TY 4 Signal Foundation 3441 10 EA 2 $14,925.00 $ 29,850.00 95 3441.1705 TY 5 Signal Foundation 3441 10 EA 4 $15,953.00 $ 63,812.00 96 3441.1715 Signal Cabinet Foundation - 352i & BBU 3441 10 EA 2 $7 484.00 $ 14,968.00 97 3441.1725 Furnish/Install ATC Signal Controller 3441 10 EA 3 $9,041.00 $ 27,123.00 98 3441.1741 Furnish/Install 352i Controller Cabinet Assembly 3441 10 EA 21 _ 79,990.00 99 3441.1745 Furnish/Install 356i Controller Cabinet Assembly 3441 10 EA 1 $28,450.00 $ 28,450.00 100 3441.1911 Paint Sig Mast Arm 40' - 48' 3441 10 EA 1 $2,735.00 $ _-2,735.00 101 3441.1915 Paint Sig Pole (Type 41, 43, 45) 3441 10 EA 1 $2,735.00 _ $. 2,735.00 102 3441.2001 Dispose/Salvage Traffic Signal 3441 10 EA 1 $12,195.00 $ 12,195.00 103 3441.3051 Furnish/Install LED Lighting Fixture (137 watt 34 41 20 EA 1 $1,265.00 $ 1,265.00 104 3441.3323 Furnish/Install 8' Wood Light Pole Arm 34 41 20 EA 1 $1,110.00 105 3441.4001 Furnish/Install Alum Sign Mast Arm Mount 34 41 30 EA 25 $863.00 $ 21 575.00 106 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 34 41 30 EA 37 $711.0.0 $- 26,307.00 107 3441.4004 Furnish/Install Alum Sign Ex. Pole Mount 34 41 30 EA 1 ( $700.00 $ _ 700A0 108 3441.4108 Remove Sign Panel and Post 34 41 30 EA 141 $237.00 $ _ _ _ ___ 3 318.00 109 3441,4110 Remove and Reinstall Sign Panel and Post 3441 30 EA 1 $948.00 $ 948.00 110 3471,0001 Traffic Control 3471 13 MO 12 $3 422.00 $ 41,064.00 111 9999.0000 Integral Colored/Stamped 4" Concrete Median 9999 SY 300 $177.00 $ 53,100.00 112 9999.0001 Irrigation Allowance 9999 LS 1 $25,000.00 $- 25,000.00 113 9999.0003 Remove Concrete Wheel Stop 9999 EA 2 $30.00 $ _ _ 60A0 114 9999.0004 Steel Cable Fence 9999 LF 16 $54.70 $ 875.20 115 9999.0005 Sidewalk Flume 9999 EA 1 $1,460.00 $ 1,460.00 116 0506 6041 BIODEG EROSN CONT LOGS (INSTL) (12") TxDOT 506 LF 160 $9.00 $ 1,440.00 117 1004 6002 TREE PROTECTION TxDOT 1004 EA 13 $400.00 $ 5,200.00 Total Bid Amount $ 3.791,653.20 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pedestrian Safety Improvements for Long Ave Revised 9/30/2021 CPN 104299 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 a1a 8ONn Page Iof2 That we, The Fain Group, t= , known as "Bidder" herein and Westfield.tnsttrance CoMPM 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%n) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we }Sind 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 Pedestrian Safety Improvements for Lang Avo NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be Filed on this Bond, venue shall lie in Tarrant County, Texas or the united States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNET] and SEALED this instrument by duly authorized agents and officers an this the I Rill day of a[v 2024 ATTEST: Wfness as to Principal CITY OF PORT WORTH STANEIARO CONSTRUCTION SPECIFICATION DOCUMENTS ReOrad 9/3012021 PRINCIPAL: 1'h�n Groutt�lAc., BY: iwmeand ure -Lar V-7-10-r' Title' L rest, der? - ---p edestrian Safety Improvements for Lang Ave CPN 104299 Wih1es�3s to surety j�Iuui h, Sond Aecaullx Manaeer Attach Power of Attorney (Surety) for Attorney -in -Fact Address: RO_Box16a3U E=Korth, TX 7616 SURETY- We tf] RSur[ , 1 V f _' By: S nature s Name and Title Address: 5.J3idge Road,_ $t�-313 �pricurs+tl 'T'X 75DR7 , - Telephone Number: 972-172-7220 00 43 13 BID BOND Page 2 of 2 'Note: If signed by an officer of tha Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different frcin its mailing address. both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END Or SECTION CITY OF FORT WORTH Pedestrian Sarmy hmprovemenls for Long Ave STANDARD CONSTRUCTION VeCIMCATION DOCUMFNTS Cord 1fl4na RewSed W3012021 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 05125l22, FOR ANY PERSON OR PERSONS NAMED BELOW, POWER NO. 4220012 '!h General Power of Attorney CERTIFIED COPY Westfield Insurance Co. Westfield National Insurance Co. Ohio Farmers Insurance Co, Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, herelrrafter referred to Indivldually as a "Company" and collectively as "Companies," duly organized and existing under the taws of the State of Ohio, and having its principal office In Wastfield center, Medina County, Ohlo, do by these presents make, constitute and appoint TONY PIERRO, 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, plate and stead, to execute, acknowledge and deliver any and all bonds, recognixances, undertakings, or other instruments or contracts of suretyship in any penal limit. - • - - - - - - - - - - - - - • - - • - - - - - - - " ` - - - - - - - - - - - - . -- LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bird any of the Companies thereby as fully and to the same extent as it 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 conflrming all that the said Attorneys) -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. WESTPIPI-D NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, 'Be it Resolved, that the Presldent, any Senior Executive:, any Secretary or any Fidelity & Surety Operations Executive or other Executive $hall be and Is hereby vested with full power and authority to appoint any one or more 6ultable persons as Aftorney(s)-in-Fact to represent and act for and on behalr of the Company sublect to the following provisions-, The Atforney-0-fact. may be given full power and authority for and 1n the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all ponds, recognlzances, contracts, agreements of Indemnity and other con6tlon2l or obligatory undertakings and any and all notices and documents canceling or terminating the Company's Ilablllty 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 seated and attested by the Corporate Secretary.' .Ae it Further Resolved, that the Signature of any SI+Gh designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating theretn by facsimile, and any power of attorney or cartiticate bearing tacslmile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to whlcn It is attached," {Each adopted at a meeting held Dn February B, ?00% 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 oMxed this 25th day Df MAY A•D., 2022 . Corporate �yYRd "� :+'"jtiONA� �" a „","" WESTFIELD INSURANCE COMPANY sects••• ••'¢�`p ,•;�,s• , WESTFf1~LD NATIONAL INSURANCE COMPANY Affixed f OHIO FARMERS INSURANCE COMPANY E 1� s : m = a :w...,.•.., . e+�►Mw: :n= 18 = a SEAL �" ` r',`Se, .. Y••: , rr^r4+" -•a.� .ate• y 1 State of Ohio By If r county of Medina ss.: Gary W. tumpear, matiana Surety Leader and Senior Exect+tive; On this 25th day of MAY A,f)., 2M , before me personalty came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides In Medina, GII that he Is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and QHIO FARMERS INSURANCE COMPANY, the companies described in and whic [ executed the above instrument; that he knows the seals of sald Companies; that the seals affixed to said instrument are such corporate seals: they were so affixed by order of the Boards of Directors of said Companies; and that he signed trl$ name thereto by like order. Seal r AI- AffNed State of Ohio IIW40 David A. Kotnik, Attorney at Law, Nnlaf y PUbffc County of Medina s$.: ., y �R t4 , My Commisslor Does Not Expire (Sec. 147.03 Ohio Revised Cade) ., N �, p• �, r I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WI=STFIELID NATIONAL INSURANCE COMPANY and OH ID FARMERS INSURANCE COMPANY, do hereby certify that the above and loreg❑Ing Is a true and correct copy of a Power of Attorney, executed by said Companies, which Is stilt In full farce and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. -t If? Witness Whereof, I have hereunto set my hand and affixed the seats of said Companies at Westfleld Center, Ohio, this It day of VL j A.D., D � Ir: �� Wit•, Ste- ,rn - ..,•� secrrrwy � ��., ''r 4 •+ .' . ■'., 0V Frank A. Carrillo, Secretary _ _ ••fie'- .1+�•, 4 r.. ••, BPOAC2 (combined} (03.22) IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P 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(@tdi.texas.gov. 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. BD5430 (06-15) AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection(@tdi.texas.gov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente, 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. Rios, Leonel From: Muni Rabah <Muni.Rabah@baldwin.com> Sent: Thursday, October 31, 2024 11:02 AM To: Rios, Leonel Subject: RE: Bond #432577V Verification -The Fain Group, Inc. 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. That is correct. I can confirm: Fain Group, Inc.- Bond # 432577V on project Pedestrian Safety Improvements for Long Ave, CPN 104299 with obligee - City of Fort Worth in the amount of $3,791,653.20 is valid and in effect written thru Westfield Insurance Company as surety. J The he 'r Group Muni Rabah Client Experience Leader, Surety 0: 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 Pavment. Disclaimei From: Rios, Leonel<Leonel.Rios@fortworthtexas.gov> Sent: Thursday, October 31, 2024 10:45 AM To: Jessica Almaguer <Jessica.Almaguer@kandsins.com> Subject: Bond #432577V Verification -The Fain Group, Inc. 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 The Fain Group Inc.: Bond #432577V, in the amount of $3,791,653.20, issued by Westfield Insurance Company for City Project #104299, Pedestrian Safety Improvements for Long Ave. Please confirm that the bonds and corresponding amounts are valid so we can proceed with awarding the contract to The Fain Group, Inc. Thank you, Leonel J. Rios Contract Compliance Specialist Transportation Public Works 817-392-7233 (office) 100 Fort Worth Trail, Fort Worth, Texas 76102 i 0045 11 -1 BIDDERS PREQUALIFICATIONS Pagel of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalifled or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalifled 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 prequalifled at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequaliflcation 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 Prequaliflcation Application. 31 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxpermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's e-mail address and fax number. 37 (3) The firm's DUNS number as issued by Dun & Bradstreet. This number 38 is used by the City for required reporting on Federal Aid projects. The DUNS 39 number may be obtained at www.dnb.com. 40 d. Resumes reflecting the construction experience of the principles of the firm for firms 41 submitting their initial prequalification. These resumes should include the size and 42 scope of the work performed. 43 e. Other information as requested by the City. 44 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised August 13, 2021 0045 11 -2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital = current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 "None" or "N/A" should be inserted. 38 (2) A minimum of five (5) references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer, model and general common description of 43 each piece of equipment. Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised August 13, 2021 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 I 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 Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 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 Construction/Reconstruction (LESS THAN 15,000 square cVc r_vuiy Construction/Reconstruction (LESS THAN 15,000 square varricz) Contractor/Subcontractor Company Name The Fain Group, Inc. The Fain Group, Inc. Prequalification Expiration Date 9/01 /2025 9/01 /2025 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: The Fain Group, Inc. 2500 Great Southest Pkwy. Fort Worth, TX 76106 0 END OF SECTION Larry Frazier (Signature) Ti le: President Date: ❑ I" 19 r o1 DQ J+ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/30/2021 00 41 00 Bid Proposal Workbook - Addendum No. 2 2 3 4 5 6 7 8 9 10 12 13 14 13 15 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I 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. 104299. Contractor further certifies that, pursuant to Texas Labor Code, Section 406,096(b), as amended, it will provide to City its subcontractor's certificates ofcompliance with worker's compensation coverage. CONTRACTOR: The Fain Group, Inc. Company — 2500 Great Southwest Pkwy. Address Fort Worth, TX 76106 City/Statelzip THE STATE OF TEXAS § COUNTY OF TARRANT § $y: Larry Fra4er L e Print] Signature: f Titic Pre 'ant I (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared Larry Frazier , known to me to be the person whose mime is subscribed to the foregoing instrument, and acknowledged to me that helshe executed the same as the act and deed of The Fain Group, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 16th day of July 2024. KRISTI TREES R' P Notary Public. state of texas Notary Public in and for the State of Texas j • Y- Comm. Expires 0-1E-2027 Notary ID 124427334 END OF SECTION CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPI:CIFIC:ATION DOCUMENTS CPN 104299 Revised July I, 2011 00 45 40 - 1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 6 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 7 (M/WBEs). 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 11 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 12 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 13 2020 (codified at: htt_Ds://codelibrarv.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 14 this bid. 15 16 BUSINESS EOUITY PROJECT GOAL 17 The City's Business Equity goal on this project is 7.21% of the total bid value of the contract (Base bid 18 applies to Parks and Community Services). 19 20 METHODS TO COMPLY WITH THE GOAL 21 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 22 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 23 ordinance through one of the following methods: 1. Commercially useful services performed by a 24 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 25 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 26 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 27 Prime contractor Waiver documentation. 28 29 SUBMITTAL OF REOUIRED DOCUMENTATION 30 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 31 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 32 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 33 business day after the bid opening date, exclusive of the bid opening date. 34 35 The Offeror must submit one or more of the following documents: 36 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 37 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 38 participation is less than stated goal, or no Business Equity participation is accomplished; 39 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 40 all subcontracting/supplier opportunities; or 41 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 42 Protege participation. 43 44 These forms can be found at: 45 Business Equity Utilization Form and Letter of Intent 46 https://apes.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/Business Equity Utilization 47 Form_DVIN 2022 220324.pdf 48 49 Letter of Intent CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 httDs://anus.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 2 2021.Ddf 4 Business Equity Good Faith Effort Form 5 httns://aDDs.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/Good Faith Effort 6 Form DVIN 2022.Ddf 7 8 Business Equity Prime Contractor Waiver Form 9 httl)s:HaDDs.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 10 Waiver-220313.ndf 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 htti)s://aDDs.fortworthtexas.fzov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.Ddf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact The Business Equity Division of the Department of Diversity and Inclusion at (817) 392-2674. END OF SECTION CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised October 27, 2021 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on November 12 , 2024 is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and The Fain GrouD. Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Pedestrian Safety Improvements for Long Ave CPN 104299 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 Three Million Seven Hundred Ninetv-One Thousand Six Hundred Fiftv-Three and 20/100 Dollars ($3,791,653.20). 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 365 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Five Hundred and 00/100 Dollars ($500.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: CITY SECRETARY FT. WORTH, TX A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 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 b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by anv act, omission or negligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 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 specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by anv act, omission or negligence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised March 3, 2024 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised March 3, 2024 00 52 43 - 5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised March 3, 2024 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: The Fain Group, Inc. By: o�� Larr�ra ier (Oct 11, 202413:59 CDT) Signature Larry Fraizer (Printed Name) President Title Address 2500 Great Southwest Pkwy. Fort Worth, TX 76161 City/State/Zip Oct 11, 2024 Date City of Fort Worth By: C(%� Jesica McEachern Assistant City Manager Dec 3, 2024 Date 44�oan a x"poF F�RTao g j, d �o �O9.I d Attest: Ovo .Z �00*000 00*" .ems a°�� nezA544a Jannette Goodall, City Secretary (Seal) M&C: 24-0997 Date: 11/12/2024 Approved as to Form and Legality: Q5r— Douglas Black (Dec 2, 202417:07 CST) Douglas W. Black Sr. Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised March 3, 2024 0061 13- 1 PERFORMANCE BOND # 432577V Page I of 2 I SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, The Fain Group, Inc, known as "Principal" herein and 8 Westfield Insurance COMDanv a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 1 I pursuant to the laws of Texas, known as "City" herein, in the penal sum of, of 12 Three Million Seven Hundred Ninety One Thousand Six Hundred Fifty Three Dollars & 20/100 ($3,791,653.20), lawful 13 money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of 14 which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, 15 successors and assigns, jointly and severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City awarded 17 the 12th day of November , 2024, which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 19 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 20 provided for in said Contract designated as Pedestrian Safety Improvements for Long Ave, CPN 21 104299. 22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 24 perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 29 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised December 8, 2023 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 40 41 42 43 44 006113-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 12th day of November 12024 . ATTEST: (Principal 6ccrjary *,, Witness as to Principal Witness to Surety Muni Rabah, Client Experience Leader, Surety PRINCIPAL: The Fain GrouD. Inc. BY: Si atu e L.�,�i✓, Z�aR��1p� Name and Title Address: 2500 Great Southwest Parkway Fort Worth, TX 76161 SURETY: West / Westfield lnsu ice Com any BY:f I Sig ture L Johnny M , Attomey-in-Fact Name and Title Address: 2255 Ridge Road, Suite 333 Rockwall. TX 75087 Telephone Number: (972) 771-4071 Email Address: Johnny.Moss@baldwin.com *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised December 8, 2023 0061 14 - 1 PAYMENT BOND # 432577V Page] of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, The Fain Group. Inc., known as "Principal" herein, and 8 Westfield Insurance Company , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of Three Million Seven Hundred Ninety One Thousand Six Hundred Fifty Three Dollars & 20/100 13 ($3,791,653.20), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 15 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 12th day of November , 2024, which Contract is hereby referred to and made a 19 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and 20 other accessories as defined by law, in the prosecution of the Work as provided for in said Contract 21 and designated as Pedestrian Safety Improvements for Long Ave, CPN 104299. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised December 8, 2023 0061 14 - 2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 12th day of 3 November 20 24 4 5 6 7 8 9 10 12 ATTEST: Witness as to Principal ATTEST: NIP, (Surety) Sebretary Witness -to Surety Muni Rabah, Client Experience Leader, Surety PRINCIPAL: The Fain GrouD, Inc. BY: Signat Name anAt� Address: 2500 Great Southwest Pkwv. Fort Worth, TX 76161 SURETY: Westfield Ins an( - ce Cbrjipany Z BY: y Signature J0hnnv Moss. Attornev-in-Fact Name and Title Address: 2255 Ridee Road. Suite 333 Rockwall, TX 75087 Telephone Number: (972) 771-4071 Email Address: Johnnv.Moss a,baldwin.com Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised December 8, 2023 0061 19- 1 MAINTENANCE BOND # 432577V Page 1 of 3 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we The Fain Group, Inc., known as "Principal" herein and 9 Westfield Insurance Company , a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of 13 Three Million Seven Hundred Ninetv One Thousand Six Hundred Fifty Three Dollars & 20/100. 14 ($3,791,653.20), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas, for payment of which sum well and truly be made unto the City and its successors, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly 17 by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the 12th day of November , 2024, which Contract is hereby referred 21 to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, 22 equipment labor and other accessories as defined by law, in the prosecution of the Work, including 23 any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as 24 provided for in said contract and designated as Pedestrian Safety Improvements for Long Ave, 25 CPN 104299; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will remain 29 free from defects in materials or workmanship for and during the period of two (2) years after the 30 date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 33 receiving notice from the City of the need therefor at any time within the Maintenance Period. 34 CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised December 8, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Ke 0061 19-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised December 8, 2023 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 12th day of 3 November , 2024. 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 A/TE (Secr ary Witness as to Principa" 1 ATTEST: ntlk (Surety) Secretary Witness'as to Surety Muni Rabah, Client Experience Leader, Surety PRINCIPAL: The Fain Gr , t), Inc. BY: YV / Si ature Name and Title t�W Address: 2500 Great Southwest Parkway Fort Worth. TX 76161 SURETY: Westfield Insut ance ;C,4ny Si attire Johnny Moss, Attorney -in -Fact Name and Title Address: 2255 Ridge Road. Suite 333 Rockwall. Tx 75087 Telephone Number: (972) 771-4071 Email Address: Johnnv.Mossnbaldwin.com 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised December 8, 2023 IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2 You may contact your agent. 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll -free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P 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. 1-800-25 2-3439 6. You may write to the Texas Department of Insurance, Consumer Protection Section (MC 111-1A): P.O, Bcx 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi,texas.gov E-mail: ConsumerProtectionrttdi_texas�gov 7, PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, Westfield Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. BD5430 (06-15) AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) of (telephone number). Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Listed tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Cla'.ms 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: Cons umerProtectionla�tdi.texasaov 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 condition del documento adjunto. THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 10/10/24, FOR ANY PERSON OR PERSONS NAMED BELOW. POWER NO. 4220012 14 General 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 JORDAN, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JARRETT WILLSON, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JAROD JAGGERS, CALEB HALE, RYAN COX, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit, 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 rnay do in the premises. Said appointment is rnade 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)-i n- Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney -in -Fact may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 10th day of OCTOBER A.D., 2024 . Corporate �• ""4�4. Seals `'°��SUR,(kc%,- „„ �:c�N;}! ,;''•,, ......,, %NSU/P,�"''•,, WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY Affixed {moo - :.`:'' SLR: ��"""'•yl't,;a, OHIO FARMERS INSURANCE COMPANY 0 r• AL SESEAL - _ �1848 vim, r r- 30• ?a ZZ f i State of Ohio `"No•.ma.�' ` '•,,,t....,.,••`' By County Medina ss.: ......,,,, Gary W. iStumper, National Surety Leader and of Senior Executive On this loth day of OCTOBER A.D., 2024 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY; the companies described in and which executed the above instrument; that he knows the seals of said Companies: that the seals affixed to said instrument are such corporate seals: that they were so affixed by order of the Boards of Directors of said Companies: and that he signed his name thereto by like order. Notarial .•'.. , Seal Affixed o`�\ A L �;''•, State of Ohio '_ �P ° 40 County of Medina ss.: T£oF0.' A W116 (114 i 0 W14 �- David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney; executed by said Companies, which is still in full force and effect: and furthermore, the resolutions of the Boards of Directors; set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this k1 day of CF SEAL I SEAT, $ij�M M. ;'�N►1ATEgEa3 Secnerar� Frank A. Carrino, Secretary Z% 1848 :! BPOAC2 (combined) (05-24) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 SECTION 00 6125 CERTIFICATE OF INSURANCE END OF SECTION CITY OF FORT WORTH Pedestrian Safety Improvements for Long Ave STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN 104299 Revised July 1, 2011 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ELITE EXTENSION - TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY Section I — Coverage A, Exclusion a. is amended as follows: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. NON -OWNED WATERCRAFT Section I — Coverage A, Exclusion g.(2) is amended as follows: (2) A watercraft you do not own that is: (a) Less than 60 feet long; and (b) Not being used to carry person(s) or property for a charge; C. EXTENDED PROPERTY DAMAGE COVERAGE Section I — Coverage A, Exclusions j.(3) and (4) is amended to add the following: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. SCHEDULE Limits Of Insurance Deductible $5,000 Each Occurrence $250 Per Claim $10,000 Annual Aggregate a. The each occurrence limit listed above is the most we will pay for all damages because o1 "property damage" to property in the care, custody and control of or property loaned to an insured as the result of any one "occurrence", regardless of the number of: (1) insureds; The aggregate limit listed above is the most we will pay for all damages because of "property damage" to property in the care custody and control of or property loaned to an insured during the policy period. Any payment we make for damages because of "property damage" to property in the care, custody and control of or property loaned to an insured will apply against the General Aggregate Limit shown in the declarations. b. Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the deductible amount listed above. We may pay any part or all of the deductible amount listed above. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification by us, you will promptly reimburse us for that part of the deductible we paid. c. If two or more coverages apply under one "occurrence", only the highest per claim deductible applicable to these coverages will apply. d. Insurance provided by this provision is excess over any other insurance, whether primary, excess, contingent or any other basis. Since insurance provided by this endorsement is excess, we will have no duty to defend any claim or "suit" to which insurance provided by this endorsement applies if any other insurer has a duty to defend such a claim or "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. D. PROPERTY DAMAGE — ELEVATORS Section I — Coverage A.2. Exclusions paragraphs j.(3), j.(4), j.(6) and k. do not apply to use of elevators. (2) claims made or "suits" brought; This insurance afforded by this provision is excess (3) persons or organizations making claims or over any valid and collectible property insurance bringing "suits". (including any deductible) available to the insured and Section IV — Commercial General Liability Conditions Paragraph 4. Other Insurance. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 6 E. FIRE, LIGHTNING OR EXPLOSION DAMAGE Except where it is used in the term "hostile fire", the word fire includes fire, lightning or explosion wherever it appears in the Coverage Form. Under Section I — Coverage A, the last paragraph (after the exclusions) is replaced with the following: Exclusions c. through n. do not apply to damage by fire, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. F. MEDICAL PAYMENTS If Section I — Coverage C. Medical Payments Coverage is not otherwise excluded from this Coverage Form: The requirement, in the Insuring Agreement of Coverage C., that expenses must be incurred and reported to us within one year of the accident date is changed to three years. G. SUPPLEMENTARY PAYMENTS Supplementary Payments — Coverages A and B Paragraphs 1.b. and 1.d. are replaced by the following: 1.b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d.All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. H. SUBSIDIARIES AS INSUREDS Section 11— Who Is An Insured is amended to add the following: 1.f. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this policy. However, insured does not include any subsidiary that is an insured under any other general liability policy, or would have been an insured under such a policy but for termination of that policy or the exhaustion of that policy's limits of liability. I. BLANKET ADDITIONAL INSUREDS — AS REQUIRED BY CONTRACT 1. Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) subject to provisions in Paragraph 2. below, (hereinafter referred to as additional insured) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy provided that the written contract or agreement is: a. Currently in effect or becomes effective during the policy period; and b. Executed prior to an "occurrence" or offense to which this insurance would apply. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and c. Applies only if the person or organization is not specifically named as an additional insured under any other provision of, or endorsement added to, Section II — Who Is An Insured of this policy. 2. As provided herein, the insurance coverage provided to such additional insureds is limited to: a. Any Controlling Interest, but only with respect to their liability arising out of their financial control of you; or premises they own, maintain, or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. b. Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 6 This exclusion applies even if the claims This insurance does not apply to: against any insured allege negligence or (a) "Bodily injury", "property damage" or other wrongdoing in the supervision, hiring, "personal and advertising injury" employment, training or monitoring of arising out of operations performed others by that insured, if the "occurrence" for the federal government, state or which caused the "bodily injury" or municipality; or "property damage", or the offense which caused the "personal and advertising (b) "Bodily injury" or "property damage" injury", involved the rendering of or the included within the "products - failure to render any professional services completed operations hazard". by or for you. e. Any vendor, but only with respect to "bodily c. Any manager or lessor of a premises injury" or "property damage" arising out of leased to you, but only with respect to "your products" which are distributed or sold liability arising out of the ownership, in the regular course of the vendor's maintenance or use of that part of a business. premises leased to you, subject to the With respect to the insurance afforded to following additional exclusions: these vendors, the following additional This insurance does not apply to: exclusions apply: (1) Any "occurrence" which takes place (1) The insurance afforded any vendor does after you cease to be a tenant in that not apply to: premises. (a) "Bodily injury" or "property damage" (2) Structural alterations, new construction for which any vendor is obligated to or demolition operations performed by pay damages by reason of the or on behalf of such additional insured. assumption of liability in a contract or agreement. This exclusion does not d. Any state or governmental agency or apply to liability for damages that any subdivision or political subdivision, subject to vendor would have in the absence of the following: the contract or agreement; (1) This insurance applies only with respect (b) Any express warranty unauthorized to the following hazards for which any by you; state or governmental agency or subdivision or political subdivision has (c) Any physical or chemical change in issued a permit or authorization in the product made intentionally by connection with premises you own, rent any vendor; or control and to which this insurance (d) Repackaging, except when applies: unpacked solely for the purpose of (a) The existence, maintenance, repair, inspection, demonstration, testing, construction, erection or removal of or the substitution of parts under advertising signs, awnings, instructions from the manufacturer, canopies, cellar entrances, coal and then repackaged in the original holes, driveways, manholes, container; marquees, hoist away openings, (e) Any failure to make such sidewalk vaults, street banners or inspections, adjustments, tests or decorations and similar exposures; servicing as any vendor has or agreed to make or normally (b) The construction, erection or undertakes to make in the usual removal of elevators; or course of business, in connection with the distribution or sale of the (c) The ownership, maintenance or use products; of any elevators covered by this insurance. (f) Demonstration, installation, (2) This insurance applies only with respect servicing or repair operations, except such operations performed to operations performed by you or on at any vendors premises in your behalf for which any state or connection with the sale of the governmental agency or subdivision or product; political subdivision has issued a permit or authorization. (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 any vendor; or CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 6 (h) "Bodily injury" or "property damage" arising out of the sole negligence of any vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as any vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. f. Any Mortgagee, Assignee Or Receiver, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. g. Any Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: (1) This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land; (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. h. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease Pyrirac L Any Owners, Lessees, or Contractors for whom you are performing operations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 4 of 6 (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. j. Any Grantor of Licenses to you, but only with respect to their liability as grantor of licenses to you. Their status as additional insured under this endorsement ends when: 1. The license granted to you by such person(s) or organization(s) expires; or 2. Your license is terminated or revoked by such person(s) or organization(s) prior to expiration of the license as stipulated by the contract or agreement. k. Any Grantor of Franchise, but only with respect to their liability as grantor of a franchise to you. I. Any Co-owner of Insured Premises, but only with respect to their liability as co- owner of any insured premises. m. Any Concessionaires Trading Under Your Name, but only with respect to their liability as a concessionaire trading under your name. 3. Any insurance provided to any additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the additional insured or its agents, "employees" or any other representative of the additional insured. 4. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: If coverage provided to any additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. J. COVERAGE FOR INJURY TO CO -EMPLOYEES AND/OR YOUR OTHER VOLUNTEER WORKERS Section II — Who is an Insured, Paragraph 2.a. (1) is amended to add the following: e. Paragraphs (a), (b), and (c) do not apply to your "employees" or "volunteer workers" with respect to "bodily injury" to a co -"employee" or other "volunteer worker". Damages owed to an injured co -"employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co - "employee" or "volunteer worker" under any other valid and collectible insurance. K. HEALTH CARE SERVICE PROFESSIONALS AS INSUREDS - INCIDENTAL MALPRACTICE Section II — Who is an Insured, Paragraph 2.a. (1) (d) is amended as follows: This provision does not apply to Nurses, Emergency Medical Technicians, or Paramedics who provide professional health care services on your behalf. However this exception does not apply if you are in the business or occupation of providing any such professional services. L. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section II — Who Is An Insured, Paragraph 3.a. is replaced by the following: 3.a. Coverage under this provision is afforded until the end of the policy period. This provision does not apply if newly formed or acquired organizations coverage is excluded either by the provisions of the Coverage Form or by endorsements. M. DAMAGE TO PREMISES RENTED TO YOU Section III — Limits of Insurance, Paragraph 6. is replaced by the following: Subject to 5.a. above, the Damage To Premises Rented To You Limit, or $500,000, whichever is higher, is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or leakage from automatic protection systems, while rented to you or temporarily occupied by you with permission of the owner. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 6 N. MEDICAL PAYMENTS— INCREASED LIMITS (1) The additional insured is a Named Insured under Section III — Limits of Insurance, Paragraph 7. is such other insurance; and replaced by the following: (2) You have agreed in writing in a contract or 7. Subject to Paragraph 5. above, $10,000 is the agreement that this insurance would be primary Medical Expense Limit we will pay under and would not seek contribution from any other Coverage C for all medical expenses because insurance available to the additional insured. of "bodily injury" sustained by any one person, However, if the additional insured has been added unless the amount shown on the Declarations as an additional insured on other policies, whether of this Coverage Part for Medical Expense Limit primary, excess, contingent or on any other basis, states: this insurance is excess over any other insurance (a) No Coverage; or regardless of the written agreement between you and an additional insured. 1,000; Q. UNINTENTIONAL FAILURE TO DISCLOSE (c) $ or EXPOSURES (d) A limit higher than $10,000. Section IV — Commercial General Liability O. DUTIES IN THE EVENT OF OCCURRENCE, Conditions Paragraph 6. Representations is OFFENSE, CLAIM OR SUIT amended to add the following: Section IV — Commercial General Liability If you unintentionally fail to disclose any exposures Conditions Paragraph 2. is amended to add the existing at the inception date of your policy, we will not following: deny coverage under the Coverage Form solely 1. The requirement in Condition 2.a. that you must because of such failure to disclose. However, this see to it that we are notified as soon as provision does not affect our right to collect additional practicable of an "occurrence" or an offense premium or exercise our right of cancellation or non - which may result in a claim, applies only when renewal. the "occurrence" or offense is known to: This provision does not apply to any known injury or 1 You, if you are an individual or a limited damage which is excluded under any other provision of liability company; (2) A partner, if you are a partnership; R. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (3) A member or manager, if you are a limited Section IV — Commercial General Liability liability company; Condition Paragraph 8. Transfer Of Rights Of (4) An "executive officer" or insurance Recovery Against Others To Us is amended to add manager, if you are a corporation; or the following: (5) A trustee, if you are a trust. We waive any right of recovery we may have against 2. The requirement in Condition 2.b. that you any person or organization because of payments we must see to it that we receive notice of a claim make for injury or damage arising out of: or "suit" as soon as practicable will not be 1. Your ongoing operations; or considered breached unless the breach occurs after such claim or "suit" is known to: 2. "Your work" included in the "products -completed operations hazard". (1) You, if you are an individual or a limited ability company; However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a (2) A partner, if you are a partnership; contract or agreement, and only if the contract or (3) A member or manager, if you are a limited agreement: liability company; 1. Is in effect or becomes effective during the term of (4) An "executive officer" or insurance this policy; and manager, if you are a corporation; or 2. Was executed orinr to In-. . - or= n +ri_ic+ S. MENTAL ANGUISH P. PRIMARY AND NONCONTRIBUTORY — Section V — Definition 3. is replaced by the following: ADDITIONAL INSURED EXTENSION "Bodily injury" means bodily injury, sickness or disease Section IV — Commercial General Liability sustained by a person, including mental anguish or Conditions Paragraph 4. Other Insurance is death resulting from bodily injury, sickness or disease. amended to add the following: T. LIBERALIZATION This insurance is primary to and will not seek contribution from any other insurance available to If we revise this endorsement to provide greater an additional insured under your policy provided coverage without additional premium charge, we will that: automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 6 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT — AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Form CG7429 (Ed. 11-98) Copyright, Insurance Services Office, Inc., 1984 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY - REQUIRED IN WRITTEN CONTRACT OR AGREEMENT This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Section II — Covered Autos Liability Coverage, B. With respect to the insurance afforded to these Item A.1. Who Is An Insured is amended to additional insureds, the following is added to include as an additional "insured": Paragraph C. Limit Of Insurance of Section II: 1. Any person or organization who you become obligated to include as an additional insured under this "auto" Policy, as a result of any written contract or agreement you enter into, which requires you to furnish insurance to that person or organization of the type provided by this policy but only with respect to "auto" liability arising out of your ongoing operations or premises owned by or rented to you. 2. Any other person or organization you are required to include as an additional insured under this "auto" Policy as an additional insured under a contract or agreement described in Paragraph 1. above. Such person(s) or organization(s) is an additional insured only with respect to "auto" liability for "bodily injury", or "property damage" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of ongoing operations; or 2. In connection with your premises owned or rented to you. However, the insurance afforded to such additional insured described above: 1. Only applies to the extent permitted by law; 2. Only applies if the contract or agreement is in effect during the policy period; 3. Only applies if the "bodily injury" or "property damage" occurs after you and such party have executed the contract or agreement; and 4. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Signature: pw'� Z-• WAA� Patricia L. Wadsack (Nov 27, 202410:24 CST) Email: patricia.wadsack@fortworthtexas.gov 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.I. or A.2.; or 2. Available under the applicable Limits Of Insurance shown in the Declarations for: Auto Liability; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. C. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. D. All other terms and conditions of this policy remain unchanged. CA7479 (2-22) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: Long Avenue American Rescue Plan Act Pedestrian Safety Improvements project M&C: 24-0997 CPN: 104299 CSO: Date: 11 /26/24 To: Name 1. Donnette Murphy 2. Patricia Wadsack 3. Lauren Prieur 4. Priscilla Ramirez 5. Doug Black 6. Jesica McEachern 7 Ronald Gonzales 8 Janette Goodall 9 Allison Tidwell 10. TPW Contracts Department Initials Risk -Approver VM TPW Approver PLW TPW-Signer Signed in Agiloft Legal -Approver Legal -Signer o ACM -Signer CSCO-Approver CSCO-Signer JG 2c' CSCO-Form Filler p�- TPw DOCM Date Out 11/27/24 11/27/24 11/27/24 12/02/24 12/03/24 12/03/24 12/03/24 12/03/24 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: []YES ®No RUSH: []YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Re uired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to general conditions & specifications ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts a@fortworthtexas. qvv for pickup when complete. Call eat. 7233 or eat. 8363 with questions. Thank you! FORTWORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: PEDESTRIAN SAFETY IMPROVEMENTS FOR LONG AVE M&C: CPN: 104299 CSO: DOC#: Date: 10/08/24 To: Name Department Initials Date Out I . Larry Fraizer Vendor -Signer 10/11 /24 2. Seth Cooksey TPW-Signer 10/15/24 3. Leonel Rios TPW-Review LR 10/15/24 4. 5. 6. 7 8 9 10. CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES ®No RUSH: []YES ®No SAME DAY: []YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Reauired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContractsnu,fortworthtexas.eov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you!