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HomeMy WebLinkAboutContract 62404CSC No. 62404 FORT WORTH CONTRACT FOR THE CONSTRUCTION OF 2025 ASPHALT RESURFACING CONTRACT 2 City Project No. 105638 Mattie Parker David Cooke Mayor City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works 2024 OF MARWAN HAFEZ .................................... / C1473 Eo \:44)�kv 1w OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORTWORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 02/08/2024 0021 13 Instructions to Bidders 01/17/2024 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0045 11 Bidders Prequalifications 08/13/2011 0045 12 Prequalification Statement 09/30/2021 40 � 5 13 P f4eatier Applieatiet4 0841 3QW 1—� 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 06/07/2024 00 52 43 Agreement 3/08/2024 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 0061 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 03/08/2024 00 73 00 Supplementary Conditions 03/08/2024 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 0132 16 Construction Schedule 10/06/2023 01 32 33 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 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 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 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Special Specifications 99 99 00 I Additional Specifications Date Modified Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httv:Hfortworthtexas.gov/ti)w/contractors/ or httvs:Happs.fortworthtexas.tiov/Proi ectResources/ Division 02 - Existing Conditions Last Revised r»�3 Selective Site Demol;tie nano i�/202z r»�T Utility n o.,.,,ya i A ban r.,.ort i � i�1-2 02 n-z 5 iviing -Rc in, 3Vf a 02in s Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03/11/2022 038000 >\ odifie tions t Existing C ne fete Stlultums i 2 i i Division 26 rEleetFieal 260500 G,,,......o for- Eleet.iea n3/io i�z 26 05 43 Trr,lo,-g,-,,tm Duets .-ad >?.,,.o.. ays f «Q-j1`YT -,1 cJ;steff* 0�in�11 �o Eoimnuf?rivati.^^^ Multi Duet Gendui 02�26/2016 Division 31- Earthwork 31 00 00 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 23 23 Beffe nl 4�1 3i2n nn ni inn �-rcrvv ,91nb.,.lnim�6 31 25 00 Erosion and Sediment Control 04/29/2021 2,� Ripr-ap 12,E Division 32 - Exterior Improvements 32 0i i7 !k(�lWt %: Repai 12r�rzO/2 32 0i ig Temperafy� r)mlt PVr-iag4tepaif 12�'�Iz 320129 20129 Goner -etc P_epaif „�''�Iz 32 1129 Lime Treated Base Courses 12/20/2012 32 1133 Cement Treated Base Courses 06/10/2022 11 37 Liquid Tfea4e coil FXaili ff n4�15 CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 32 12 16 Asphalt Paving 6/07/2024 32 1273 Asphalt Paving Crack Sealants 12/20/2012 -"2 12 13 Cefefete pa-" ffg ntin�22 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/09/2022 32 �73 �aIrlb J3i,-at Ee- 37�v BfiJr_ Unit wing 12420/2012 �� 32 16 13 Concrete Curb and Gutters and Valley Gutters 12/09/2022 32 1723 Pavement Markings 06/10/2022 32 1725 Curb Address Painting 11/04/2013 Z7�3 Z7�v Cin Fonees and Ga4es .,.-,.l 1242 /42012 1'l/7rrr20/2012 12 P. 29 Wir-e Fe,-,ees Getes Wood >~ e ee and Gates 11 /�� 12 '� 1.,2 t Blaze (-'o erete Det.,i„i,�,g �I7., 11� Ciao in I1ac nti/05/7 n14 ono 3291 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03/11/2022 3292 13 Sodding 05/13/2021 3292 11 Ne iye Seedifip. NOR nc/1�2i 3292 15 Native Grass and Wildflower Seeding 10/06/2023 3293 43 Tfee0 and Vhruba 1 /�t2 Division 33 - Utilities 22�0 Sewer .,n.1 Manhole Testing nn/nvT-07i-/r7c019 22�T Closed Cite„;t Teleyisio,-, (CCT[l) Inspeet;on Sanitur 03/,�i 3301 �s Closed �- c-uit�e�e� ieette�o�r�m T�a�in 1108/202- 22�o )44 Beading and Eleet.-;e.,l lsa tie,, 112/�012 22�= Cef fesio !'o t of Test Stations 12-20/2012 22�2 Magnesium Anode C thad e Preteetio System12/�i2 22�0 To,, pa -ar-y Water- Se,-,.;e07/no 1�11 33 nn nn Glee,;«,.. an A eee�t r fW Water- l�,r2/06/2013e;�� 0 �o 0o To�tr�m�- e 22�0 U444y T-e el, E e.,ya4 o:S, Bzxhd ent and B eyF'11 nn/n�2 22�z W.,te,. Line e T oweFing 17/�Iz 3305 13 Ffa-me, Cover- and Grade Rings 09/09/2022 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade 110 Gonerete lz ate, -Vaults 17/7Q01/2 32�0 Ig 171 /7zzrz0/2012 22�= Ttmael Liner- Plate 17/7 z ZZ�z Steel !`.,sing P;pe 1'f/2z 2 2�3 Hand T,mn el i*g 1 '1 /7�- viz 22�4 Mst.,llet;ea ..F(''af Pipe i !''.,sing or- T,mael Liner- Plate 12/09/2022 22�o Utility TiTafke, /T ee.,te, 12QO/2 22�o Leeation ofExisting U44 ties 1'f/2z ZZ�5 B�ti, Nut, .,r,l r_� 1'f/2z 3"- 11 11 D etile iron Fittings 0 n�17 ?311 12 Uely,yi-y V C le,-i e (nr) n.esstife Pipe nnm�22 33 1 1 1 3 onEiette Pr -es Pipe Baf: Wrapped, !'4.lin e,. Type 1'• 20/20i .,., 11 1., ;mi�pwar-�rcc�s , cv �irrcwi�v r�rLvrLvzz 33 1 1 11 Buf e.l Steel Pipe and F44iag-& 1'•f/2z CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 13312 10 �v 2 2�= 22�0 Water- Se -yic- to n2/,�T T-aicr-vcrvxc�i; 1 1�'1 T .fge Water- Mete -s 1 2 /7�zr20/2012 nc/no ti�5 22�= 33 1q �5 Resilient Seated Gate Valve AWW-A Rubber- Seated Butte-flyVnn/2/moo ono E,-&ting 02,10642013 22�0 r'�`^iiUil:�t:,,,, n;,- �7.,1.,0 .'1c7av�' '�.�ili�� for- Peta le 3 iPAe - Systoi2/7r�rzvnviz L':.� n 1 /no 2�4 33 1 q 40 22�on s. F:� & F"t0�12 /2n/2n12 %xc ,� 2 2� Stan 1..,-.1 Blow off Nall. ZCC"'mWy 06,119/20i3 22 2,-,i 12 Fiber -glass Rein o-ee Pipe for- Eanilmry-Se effi 12/20/2012 22 21 15 22�0 High Density D.l.ethylene(7 Dr) Pip�GY SCC$�Mnwn 22/2nn1 n Polyvinyl !''L,1,.ride (PNIC) C,-.,yity Sanitary Sewer Pipe no/no 0� �20 22 3121 �T Polyvinyl Chloride (PNIC) Closed Profile Gr-avity Sanitary Sewer- 12/20/2012 �z Pipe 22 21 22 �z 33 3123 Q.,.- itaiy Se-- T 1290/2012 �\'Z �l� .Jf1111'Ig �z Sanitary Sewer- Pipe Enlargement 12,QO/2012 22�o 22�o Sanitary Sewer- Set=viee r Cane,.,-;,. n,1 Sefyiee Li o nn /2vT 26,12013 rarnri�;& n;. [7.,1.,0 gar &anita - Sewe, r,,fe Min 12/2�n/20z1z v 22�no 22�0 33 3930 22�0 ! to 1, 1 12/20/2012 C—a�ti� Pl�aoo ���an�ra�a �� Preeas+ !`.,....rete TiT.,n hol12/2� n�z Fiber -glass Manholes 12/2 z n (\xl 12/220/20z12 2 2�0 22�0 2 , 1 1 �"�, 1 � � � Wastewater eeess Chamber C) r ; o s f . Sanitat=y Sewer- ct..,,, .fes nn /2�T neinf -ee Gonerete Stec-., Sewer- Pipe/CtiWei4s n�/no 1�n High Density Polyethylene 7 Dr flip 12/2n/2n12 tLJ. �) _ IY�e�Stor� �il.iri �� l 3,2 11 13 D..1lyp-..pylene Pipe ♦ef: C4mm D-..`1R x 06/10/2022 33 4600 Cp/AdM.c�mge 12/2 z 33 4601 wetted Q.3r 2 ITT km n� /n�14- T -o,, -ain- n� /n�ii 33 49 10 e D Gast i Dlaee TR.,,tt,��holea-and JusL�`;,,,,<rvirvv 12/2rc�-20/2012 22�0 r"mod Dr/or, In .s 03/1�z 22�-49 40 WiagwaUs n7/no 1�1 Division 34 2^�9 2A il�vi - Transportation T-affi,.c;, na+ls 7 �L 03/10 1�z Attaehfaen4 A�itie?ler- G binet 12/1�11_5 Ottae�eftt�B r rtfenl1 er- Specfeater2 24 41 10.02 24 110.03 2 n�= 2 �1�3 �o 34 4120 At4aehmefA C Se war-eSpeeiCiea4iani 2 To,.....,.,-ar- , T -aff4 . Signals 1 11 /2 3 Removing ing Tra ffi . C";..aa 03 /1�z ��� Illurni�t� �� Asse b.l;o.. 12Nn/2012 2n n�no1r r r /2n,c A�ar�al 1�, .�.:e�Iilsliras n6nc �� 2n n�no.22 Freeway r -ED n,,.,dw .. T/am� mir s 0645,201-5 2 n ^env3 R-esidei+tilal. T i D Raab} T mmv ,iris n6 /,o�15 34 4130 2 Ammon Alu mum F"i gnu 11/12/2013 3471 13 Single Mode Fiber- Optie Cable 01426,Q016 Traffic Control 03/22/2021 CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Appendix Page 5 of 6 GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GN-1.00 General Notes SD-1.00 Standard Construction Details SP-1.00 Pavement Marking Plans SL-1.00 Street List and Quantities SM-1.00 Street Maps END OF SECTION CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised June 7, 2024 11/20/24, 5:04 PM M&C Review CITY COUNCIL AGEND Create New From This M&C Official site of the City of Fort Worth, Texas FORT ' REFERENCE **M&C 24- 202025 ASPHALT DATE: 11/19/2024 NO.: 1027 LOG NAME: RESURFACING CONTRACT 2 CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (CD 4 and CD 7) Authorize Execution of a Contract with Eurovia Atlantic Coast LLC dba Sunmount Paving Company, in the Amount of $2,875,570.00 for the 2025 Asphalt Resurfacing Contract 2 at Various Locations RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Eurovia Atlantic Coast LLC dba Sunmount Paving Company, in the amount of $2,875,570.00 for the 2025 Asphalt Resurfacing Contract 2 project at various locations (City Project No.105638). DISCUSSION: In the Fiscal Year 2025 Pay -Go Contract Street Maintenance Program, various types of street maintenance projects are grouped into specific contract packages. The recommended construction contract outlined in this Mayor and Council Communication (M&C) will provide street rehabilitation on approximately 5.4 lane miles for the street sections below, under the 2025 Asphalt Resurfacing Contract 2 project (City Project No.105638). Street From Tarrant Parkway, North North Freeway South (Eastbound) Ramp Northbound To Council District North Riverside 4 Drive Tarrant Parkway, North North Freeway South North Riverside 4 (Westbound) Ramp Northbound Drive Westwood Shores Drive Timber Oaks Drive Timber Oaks 7 Drive Timber Oaks Drive Westwood Shores Drive East Cul-De- 7 Cape Royale Drive Westwood Shores Drive Boat Club 7 Road This project was advertised for bid on September 5, 2024 and September 12, 2024, in the Fort Worth Star -Telegram. On October 10, 2024, the following bids were received: Bidders Base Bid Alternate Bid Amount Amount** Eurovia Atlantic Coast $2,875,570.00 $2,875,570.00** LLC Texas Materials Group $3,200,038.90 $3,141,304.90 Peachtree Construction, Ltd. $3,602,224.00 $3,563,369.20 Time of Completion 210 Calendar Days apps.cfwnet.org/cou nciI_packet/mc_review.asp?I D=32733&cou nciIdate=11 /19/2024 1 /2 11/20/24, 5:04 PM M&C Review Bidders Jagoe Public Company Base Bid Amount $3,715,120.00 Alternate Bid Amount" $3,715,120.00 Time of Completion **In an attempt to secure alternate bids, staff advertised the project with a Base Bid to resurface asphalt streets included in this contract with virgin PG70-22 dense graded Type-D mix, and an Alternate Bid to resurface asphalt streets with PG70-22 Superpave SP-D mix. Staff recommends award of the contract for Alternate A (PG70-22 Superpave SP-D). In addition to the contract amount, $352,557.00 is required for project management, material testing and inspection, and $287,557.00 is provided for project contingencies. Funding is budgeted in the General Capital Projects Fund for the Transportation and Public Works Department for the purpose of funding the 2025 Asphalt Resurfacing Contract 2 project. Construction of this project is expected to start in January 2025 and be completed by August 2025. Upon completion of the project there will be no anticipated impact on the General Fund operating budget. M/WBE OFFICE— The Business Equity Division placed a 12.75\% business equity goal on this solicitation/contract. Eurovia Atlantic Coast LLC, has agreed/committed to utilize 12.79\% business equity subcontractor participation for the scope of work, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. This project is located in COUNCIL DISTRICTS 4 and 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for 2025 Asphalt Resurfacing Contract 2 to support the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year i (Chartfield 2) FROM Fund Department Account Project ID ID Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Program Activity Budget Reference # Amount Year (Chartfield 2) Jesica McEachern (5804) Lauren Prieur (6035) Monty Hall (8662) 105638 FID Table.xlsx (CFW Internal) 202025 ASPHALT RESURFACING CONTRACT 2.docx (CFW Internal) City of Fort Worth - Business Equity Management System.pdf (CFW Internal) Eurovia Atlantic Coast, LLC Entitvinfo 20241023-042717.pdf (CFW Internal) Form 1295.pdf (CFW Internal) M&C Map 2025AsphaltResurfacinaCo2 CPN105638.pdf (Public) apps.cfwnet.org/counciI_packet/mc_review.asp?ID=32733&counciIdate=11 /19/2024 2/2 CITY OF FORT WORTH Transportation and Public Works Department 2025 Asphalt Resurfacing Contract 2 City Project No. 105638 ADDENDUM NO.1 Addendum No.1: Issued Wednesday, September 11, 2024 Bid Open Date: Thursday, October 10, 2024 This Addendum forms part of the Specifications & Contract Documents for the above -referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below, and in the proposal (SECTION 00 41 00). Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The Plans and specification documents for 2025 Asphalt Resurfacing Contract 2, City Project No. 105638, are hereby revised by Addendum No. I as follows: SPECIFICATIONS & CONTRACT DOCUMENTS: a. SECTION 00 11 13 — Replace the INVITATION TO BIDDERS in its entirety with the attached revised INVITATION TO BIDDERS b. SUBMISSION INSTRUCTIONS -- 24-0284 —The submission instructions have been updated to include Addendum No. I under the Requested Information section. This Addendum. No, I forms part of the Specifications and Contract Documents for the above - referenced project and modifies the original Project Manual and Contract Documents of the sabre. Acknowledge your receipt of Addendum No. 1 by completing the requested information in the space provided in Section 00 4100, Bid Form, Page 3 of 3 A signed copy of Addendum No. 1 should be included in the submitted scaled bid at the time of bid submittal. failure to acknowledge the receipt of Addendum No. I could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. Page I of 2 CITY OP PORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRICTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised September 14, 2022 Addendum I Addendum No, 1 RECEIPT By: I-P.vv---a �olr►p/11:yP�a�Ml�uE-7—t Pl�vit C.v, City: ti n State: 'TX Lauren Prieur, P.E. Director, Transportation and Public Works By: ze(a(ewi Zelalem Arega, P.E. Engineering Manager, TPW Page 2 of 2 CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. l OS638 Revised September 14, 2022 Addendum 1 CITY OF FORT WORTH Transportation and Public Works Department 202S Asphalt Resurfacing Contract 2 City Project No. 105638 ADDENDUM NO.2 Addendum No.1: Issued Monday, September 30, 2024 Bid Open Date: Thursday, October 10, 2024 This Addendum forms pant of the Specifications & Contract Documents for the above -referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below, and in the proposal (SECTION 00 41 00). Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The Plans and specification documents for 2025 Asphalt Resurfacing Contract 2, City Project No. 105638, are hereby revised by Addendum No. 2 as follows: SPECIFICATIONS & CONTRACT DOCUMENTS: a. SECTION 00 42 43 -- Replace the PROPOSAL FORM in its entirety with the attached revised PROPOSAL FORM b. SECTION 99 99 00 — Replace the ADDITIONAL SPECIFICATIONS in its entirety with the attached revised ADDITIONAL SPECIFICATIONS c. APPENDIX GC-4.02 — Add the attached Subsurface and Physical Conditions. d. SUBMISSION INSTRUCTIONS — 24-0284 — The submission instructions have been updated to include Addendum No. 2 under the Requested Information section. e. BIDTABLE (BT-27RT) — The bidtable has been revised in Bonfire to reflect the changes made to the proposal form. f. BIDTABLE (BT-79EL) — The bidtable has been revised in Bonfire to reflect the changes made to the proposal form. The attendees asked the following questions during the pre -bid conference and on Bonfire. The City of Fort Worth's responses are below. Question 1: What is the engineer's estimate for the project? Response I; $3,3 00, 000. 00 is the approximate construction based on the engineer's estimate. Question 2: When is construction expected to start? Response 2; fIrork on the project is expected to begin in danxmy 2025. The selected vendor must have crews available and prepared to initiale work upon receipt of the Notice to proceed. Page I of 2 CITY OF PORT WORTH 2O25 Asphalt Resurfacing Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2 City Project No. 105638 Revised September 14, 2022 Addendum 2 This Addendum No, 2 forms part of the Specifications and Contract Documents for the above - referenced project and modifies the original Project Manual and Contract Documents of the salve, Acknowledge your receipt of Addendum No. 2 by completing the requested information in the space provided in Section 00 41 00, Bid Dorm, Page 3 of 3 A signed copy of Addendum No. 2 should be included in the submitted sealed bid at the time of bid submittal. Failure to acknowledge the receipt of Addendum No, 2 could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. Addendum No, 2 RECEIPT By: %Sr)K-o vw-p—a a b� �--,UHMOLI-T Pfwt"G Co Address: 11`�,D 1 1�94+AVI*-�VtA IUD City: -� t.u`-Tl t, State: Lauren Prieur, RE. Director, Transportation and Public Works By; Page 2 of 2 Zelalcm Arega, P.E. Engineering Manager, TPW CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2 City Project No. 105638 Revised September 1 A, 2022 Addendum 2 0011 13 INVITATION TO BIDDERS �1 D[yl I [1)0[QlfffRj INVITATION TO BIDDERS RECEIPT OF BIDS Page 1 of 3 Electronic bids for the construction of 2025 Asphalt Resurfacing Contract 2 (CPN105638) will be received by the City of Fort Worth via the Procurement Portal httus:Hfortworthtexas.bonfirehub.com/portal/?tab=oiDenOuAortunities, under the respective Project until 2:00 P.M. CST, Thursday, OCTOBER 10, 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, 7tn Floor Mezzanine, Room CH_MZ10_12. 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: httDs://fortworthtexas.bonfirehub.com/Dortal/?tab=oDenODDortunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non -responsive. No late bids/proposals shall be accepted. Bids delivered in any other mariner 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. CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105638 Revised 2/08/24 Addendum 1 0011 13 INVITATION TO BIDDERS Page 2 of 3 SUPPORT For technical questions, visit Bonfire's help forum at https:Hvendorsupport.gobonfire.com/hc/en- us Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. 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: 31,000 SY 3" Asphalt Surface Milling 14,000 SY I I" Asphalt Pavement Pulverization 45,000 SY 3" Asphalt Pavement 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 httDs://fortworthtexas.bonfirehub.com/Dortal/?tab=ODenODDortunities, under the respective Project. Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties should indicate their intent to bid in the Procurement Portal by selecting "yes" under the Intent to Bid section. All Addenda will be posted in the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=ol)en0l)portunities, 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: September 19, 2024 TIME: 10:00 AM 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 OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105638 Revised 2/08/24 Addendum 1 0011 13 INVITATION TO BIDDERS Page 3 of 3 City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from user fees, bonds, grants, etc. and reserved by the City for the Project. ADVERTISEMENT DATES September 5, 2024 September 12, 2024 END OF SECTION CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105638 Revised 2/08/24 Addendum 1 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 9 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: httl)s://a-pl)s.fortworthtexas.gov/ProjectResources/ CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105638 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.1.1. Paving — Requirements document located at: httDs: //aDDs. fortworthtexas. aov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrecivalification/TPW%2OPavin�4 %20Contractor%o2OPrecivalification%2OProaram/PREQUALIFICATION%20REO UIREMENTS%20FOR%20PAVING%2000NTRACTORS.Ddf 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. OMITTED CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105638 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.5.Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.1.10. Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105638 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105638 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City electrically through the Vendor Discussions section under the respective Project via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=open0i)portunities on or before 2 p.m., the Monday, 10 days prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications shall be posted under the respective Project via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=ol)en0l)portunities 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105638 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 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 M1WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: httDs://codelibrarv.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. CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105638 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted electronically in the Procurement Portal on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal httr)s://fortworthtexas.bonfirehub.com/Dortal/?tab=oi)en0pportanities. 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 CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105638 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the 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. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105638 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the 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 httos://www.ethics.state.tx.us/data/forms/1295/1295.i)df 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105638 Revised/Updated 1/17/24 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION Op 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) httpsl/www.ethics.state.tx.us/data/forms/conflict/CIS.pdf M CIQ Form does not apply ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary E CIS Form does not apply ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Eurovia Atlantic Coast LLC By: John Signature. Title: END OF SECTION Division Manager CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 (1) Revised February 24, 2020 Addendum 2 00 41 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: 2025 Asphalt Resurfacing Contract 2 City Project No.: 105638 Units/Sections: 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents, 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond, 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. 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 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPFCIFICATlON DOCUMENTS City Prolecl No. 105638 (1) Revised 9/30/2021 Addendum 2 0041 00 e1D 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. Prequallfication The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Asphalt Paving Heavy Maintenance ($1,000,000 and Over) 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 210 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Farms (optional at time of bid) f. Proqualificatlon 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 Socrotary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 (1) Revised 9/30/2021 Addendum 2 004100 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Bid Items Total 1 = Base Bid Total 2 = Base Bid + Alternate Bid Total Bid 7. Bid Submittal This Bid is submitted on October 10,2024 (Signature) John Rauer (Printed flame) Title: Division Manager Company: Eurovia Atlantic Coast, LLC dba Sunmount Paving Co Address: 11801 Harmonson Road Justin, TX 76247 State of Incorporation: Delaware Email: john.rauer@eurovia.us Phone: 817-430-0552 END OF SECTION $2,875,570.00 $2,875,570.00 #>`REFI by the entity named below. Receipt is acknowledged of the Initial following Addenda: Addendum No. 1: Addendum No. 2: --- Addendum No. 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105636 (1) Revised 9/30/2021 Addendum 2 00 42 43 Bm PROPOSAL Page 1 of 1 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Bidder's Application Project Item Information Bidder's Proposa IBidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity 1 0135.0201 REMOBILIZATION 01 70 00 EA 1 $5,500.00 $5,500.00 2 0241.1300 Remove Cone Curb & Gutter 0241 15 LF 1,200 $9.00 $10,800.00 3 3216.0102 7" Concrete Curb & Gutter 32 16 13 LF 1,200 $85.00 $102,000.00 4 0241.0401 Remove Concrete Driveway 0241 13 SF 1,500 $5.00 $7,500.00 5 3213.0401 6" Concrete Driveway 32 13 20 SF 1,500 $16.50 $24,750.00 6 0241.0100 Remove Sidewalk 0241 13 SF 400 $4.50 $1,800.00 7 3213.0301 4" Concrete Sidewalk 32 13 20 SF 400 $15.75 $6,300.00 8 0241.1400 Remove Concrete Valley Gutter 32 1330 SY 150 $50.00 $7,500.00 9 3216.0301 7" Concrete Valley Gutter 32 16 13 SY 150 $157.00 $23,550.00 10 3212.0900 Asphalt Crack Sealant 32 12 73 GA 100 $201.00 $20,100.00 11 3212.0600 Asphalt Pavement Level -Up 32 16 16 TN 550 $175.00 $96,250.00 12 3124.0101 Asphalt Pavement Base Repair 3201 17 CY 1,600 $311.00 $497,600.00 13 0241.1507 3" Surface Milling 0241 15 SY 31,080 $5.00 $155,400.00 14 0241.1700 Pavement Pulverization 11" 0241 15 SY 14,100 $21.00 $296,100.00 15B 3212.0303 3" Asphalt Pvmt Type D (Virgin PG 70-22 DG-D) 32 12 16 SY 45,180 $25.75 $1,163,385.00 16 3211.0601 CEMLIMETM (& 32 LBS SY 32 11 29 TN 230 $340.00 $78,200.00 17 3123.0101 Unclassified Excavation 31 23 23 CY 100 $100.00 $10,000.00 18 3292.0100 Block Sod Replacement 32 92 13 SY 400 $50.00 $20,000.00 19 3291.0100 Topsoil 3291 19 CY 100 $109.00 $10,900.00 20 3217.0101 6" SLD Pvmt Marking HAS (W) 32 1723 LF 4,470 $2.00 $8,940.00 21 3217.0102 6" SLD Pvmt Marking HAS (Y) 32 1723 LF 5,020 $2.00 $10,040.00 22 3217.0103 6" BRK Pvmt Marking HAS (W) 32 1723 LF 1,350 $2.00 $2,700.00 23 3217.0201 8" SLD Pvmt Marking HAS (W) 32 1723 LF 1,200 $2.25 $2,700.00 24 3217.0504 Preformed Thermoplastic Contrast Marking - 24" Stop Bars 32 1723 LF 120 $19.75 $2,370.00 25 3217.1002 Lane Legend Arrow 32 1723 EA 10 $290.00 $2,900.00 26 3217.1004 Lane Legend Only 32 1723 EA 10 $375.00 $3,750.00 27 3217.5001 Curb Address Painting 32 1725 EA 20 $110.00 $2,200.00 28 3217.2101 Raised Marker TY I-C 32 1723 EA 80 $9.25 $740.00 29 3217.2104 REEL Raised Marker TY II-C-R 32 1723 EA 140 $9.25 $1,295.00 30 3305.0112 Concrete Collar for Manhole 3305 17 EA 12 $1,600.00 $19,200.00 31 3305.0117 Concrete Collar for Valve 3305 17 EA 5 $1,200.00 $6,000.00 32 3471.0001 Traffic Control 3471 13 MO 7 $10,000.00 $70,000.00 33 3471.0002 Portable Message Sign 3471 13 WK 6 $850.00 $5,100.00 34 9999.1000 Irrigation Adjustment & Landscape Repair Allowance 99 99 00 LS 1 $50,000.00 $50,000.00 35 9999.1003 Paving Construction Allowance 99 99 00 LS 1 $150,000.00 $150,000.00 Total Base Bid $2,875,570.00 (Alternative A 15A 9999.1001 3" Asphalt Pvmt Superpave SP-D (PG 70-22 Superpave SP-D) 111216 SY 45,180 25.75 1163385.00 Deduct Item 15B 1 SY 45,180 25.75 (1:163:385.00) Sub -Total Alternative Bid Summary *Total 1 = Base Bid $2,875,570.00 *Total 2 = Base Bid + Alternate Bid $2,875,570.00 *Note: The City Reserves the right to select either Total 1 or Total 2. END OF SECTION CITY OF FORT WORTH 2O25 Asphalt R-f mg Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Qty Project No 105638 (1) Revised 9/30/2021 Addendum 2 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 4313 BID BOND Page 1 of 2 That we,Eufovia Atlantic Coast LLC , known as "Bidder" herein and Liberty Mutual Insurance Company a corporate surely duly authorized to do business in the State of Texas, known as "Surety' herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 2025 Asphalt Resurfacing Contract 2 NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 30th day of September 2024. ATTE� Witness as to Principal CITY OF FORT WORTH STANDARD CONSTRUCTION SPFCtFICAT ION DOCUMENTS Revised 913012021 PRINCIPAL: Eurovia Atlantic Coa BY: Signature ure 301+ t-J 12A,VV-V- �� ><� t�tta r-► t�r��� Name and Title 2025 Asphalt Resurfacing Contract 2 City project No. 105638 mess as to urety Mist right, Surety Analyst W4313 BID BOND Page 2 of 2 Address: P.O. Box Bap Roanoke, TX 76262 SURETY: Liberty Mutual Insurance Company r 'Signature i Amanda George, Attorney -in -Fact Name and Title Address: 175 Berkeley Street Boston, MA 02116 Telephone Number: 800-290-8711 Attach Power of Attorney (Surety) for Attorney -in -Fact *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2025 Asphalt Resurfacing Contract 2 Revised 9/30/2021 City Project No. 105038 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. �1� 1berLiberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8211228-022011 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Thal The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Vanessa Dominguez, Anianda George, Michael J. Herrod, Terri L. Morrison, Andrea M. Penaloza, Gina A. Rodriguez, Lupo Tyler, .Lisa A. Ward, Donna L, Williams, Misty Wright all of the city of Houston state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognlzances and other surety abligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this t Sth day of January , 2024 Liberty Mutual Insurance Company 4 lrrsuq �tY INs& %NSUR The Ohio Casualty Insurance Company oRP°2g qyn �SPc°RPOR ,1 �9y `uP�°RPo �YO WestAmerican Insurance Company � r Fofin �Qa 1912 0 0 1919 1991 0 art f v e0 aaP°IAKca) By. / c6 David M. Carey, Assistant Secretary "= (0 Stale of PENNSYLVANIA " 3 m County of MONTGOMERY ss o ig a) On this 18th day of January 2024 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual insurance 8 � to Company, The Ohlo Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes m i therein contained by signing on behalf of the corporations by himself as a duly authorized officer. a or_ as IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written, �Zz) Commonwealth or Penn"an}a -Notary seal >, L r�• ti. {f ( Teresa Pas€ella,Notary Pt is N'{6 aj O 1. a Y Montgomery county ;= E 02 t>r My commisslon expires March 28, 20,25 By• O a)C ca y Commission number 1128044 V L- 1YI`t�� �r Member, Pennsylvania Association of Notaries .�eresa Pasteila, Notary Public Q O C a? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual ccoo 0.5 Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: 0 ARTICLE IV — OFFICERS: Section t2 Power of Attorney. 0 d 0- Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the �a � President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seat, acknowledge and deliver as surety c — any and all undertakings, bonds, recognizances and other surety obligations. Such altorneys-in-fact, subject to the limitations set forth in fheir respective powers of attorney, shall c 8 o have Putt power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such o a) Z Instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the Q m provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or aulhodly. 0 n ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and ail undertakings, bonds, recognizances and other surety obligations. Such attorneys -In -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as If signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization -- By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company In connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed, I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty insurance Company, Liberty Mutual Insurance Company, and West American lnsurance,Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, Is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 30th day of September , 2024 ' v tNsUrp olf IN&& � 1NSU/� �JP4oaP0 qYc+ 4°RPoRar 1912 o ; 1919 � By. 1991 , 0 d� mygcaog�``aa°NaMPsa�0 ls. �NOIAH9 db Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIG WAIC MUIn Co 02/21 Liberty Mutual. LIBERTY MUTUAL INSURANCE COMPANY SURETY FINANCIAL STATEMENT — ©ECEMBER 31, 2023 Assets Liabilities Cash and Bank Deposits ............................... $1,850,245,073.00 Unearned Premiums .................................... $10,298,963,305.00 *Bonds — U.S Government ............................ $3,859,565,383.00 *Other Bonds ................................................ $21, 048,805, 773.00 *Stocks.........................................................$19,937,271,802.00 Real Estate ....................................................... $122,228,711.00 Agents' Balances or Uncollected Premiums.. $6,208,660,427.00 Accrued Interest and Rents .............................. $186,906,667.00 Other Admitted Assets..................................$15,677,869,683.63 Total Admitted Assets ... ............... $70,891,663,519.63 Reserve for Claims and Claims Expense..... $28,848,537,243.00 Funds Held Under Reinsurance Treaties .......... $360,714,151.00 Reserve for Dividends to Policyholders ................. $1,310,198.00 Additional Statutory Reserve ............................. $296,126,000.00 Reserve for Commissions, Taxes and Other Liabilities .............................................. $7,622,413,466.63 Total .............................................. $47,428,064,363.63 Special Surplus Funds ...................................... $2W,508,757.00 Capital Stock.. ........ ........ ........ ................. . ...... $10,000,075.00 Paid In Surplus ............................................. $13,834,867,488.00 Unassigned Surplus ....................................... $9,409,112,836.00 Surplus to Policyholders ............................... $23,463,489,156.00 Total Liabilities and Surplus ....... $70,891,553,619.63 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the Massachusetts bepartment of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2023, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 8th day of March, 2024. � 1N5t/R 1912 n �° Timothy A. Mikolajewski, Assistant Secretary CHO as LMS-1262AMIC Rios, Leonel From: Rogers, Lynne<Lynne.Rogers@LibertyMutual.com> Sent: Thursday, November 21, 2024 12:48 PM To: Rios, Leonel Subject: FW: Bond #016247283 Verification- Eurovia Atlantic Coast. LLC dba Sunmount Paving Co. CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon, This is a valid, open bond issued by Liberty Mutual Insurance Company. The bond amount is correct. Please let me know if you need anything further. Thank you! Lynne Rogers Underwriting Assistant Liberty Mutual Surety Office: 407-551-9730 From: HOSUR <HOSUR@LibertyMutual.com> Sent: Thursday, November 21, 2024 1:04 PM To: Rogers, Lynne<Lynne.Rogers@LibertyMutual.com> Cc: HOSUR <HOSUR@LibertyMutual.com> Subject: FW: Bond #016247283 Verification-Eurovia Atlantic Coast. LLC dba Sunmount Paving Co. Good Afternoon, Please confirm the below. Thanks, The HOSUR Team HOSUR@LibertvMutual.com From: Rios, Leonel<Leone1.Rios @fortworthtexas.eov> Sent: Wednesday, November 20, 2024 6:22 PM To: HOSUR <HOSUR@libertvmutual.com> Subject: {EXTERNAL} Bond #016247283 Verification-Eurovia Atlantic Coast. LLC dba Sunmount Paving Co. Good afternoon, i The City of Fort Worth requires bond verification before a contract can be executed. We have received the following bonds from Cutler Repaving, Inc.: Bond #016247283, in the amount of $2,875,570.00, issued by Liberty Mutual Insurance Company for City Project #105638, 2025 Asphalt Resurfacing Contract 2. Please confirm that the bonds and corresponding amounts are valid so we can proceed with awarding the contract to Eurovia Atlantic Coast. LLC dba Sunmount Paving Co. Thank you, Leone) J. Rios Contract Compliance Specialist Transportation Public Works 817-392-7233 (office) 100 Fort Worth Trail, Fort Worth, Texas 76102 leonel.riosC&,FortWorthTexas.2ov FORT WORTIL Working together to build a strong community Please note: Our department will be relocating to a new address on December 15, 2024. The new address will be 100 Fort Worth Trail, Fort Worth, Texas 76102. Until further notice, please continue sending all mail to our current address listed above. 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION pQ 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-stato contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of , our principal place -of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 2 BIDDER: Eurovia Atlantic Coast LLC dba Sunmount Paving Company Title: Division Manager Date: /�/!,f y CND OF SECTION CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 (1) Revised 9/30/2021 Addendum 2 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 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 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 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised August 13, 2021 0045 11 -3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 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 Asphalt Paving Heavy Maintenance ($1,000,000 and Over) Contractor/Subcontractor Company Name PrequalificationExpiration Date Eurovia Atlantic Coast LLC, dba Sunmount Paving Co. 3/1/2025 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Eurovia Atlantic Coast, LLC dba Sunmount Paving Co. 11801 Harmonson Road Justin, TX 76247 t3y: J i (Signature) Title: Division Manager Date: c� v_ ' 4 END OF SECTION CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 (1) Revised 09/30/2021 Addendum 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 004526-1 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, 105639, Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: �vlf�vrll �a �l�I-yT 1L fot'i L-LL, Pfi-� `gutimcwt- T pwhN& to, By: K Company 1 se rint) Mx) i 1A+1k1 W_.100 Vk1 Signat .� Address vt ti►� ��( '�!v'� � Title: 1W1'21t),J W'NACW- . City/State/Zips (Please Print) THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared 3 off o 9Nui~ q known to me to be the person whose name is subscribed to the fore oin instrument and acknowled ed to me that he/she executed the same as the act and deed of � r ti�V N`i"`jvkv`-Z CC", for the purposes and consideration thercin expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -HI day of Ck Y , 2024 (ANY pVa SHERRY KAY SNIDER Notary ID #132005248 t My Commission Expires 9� ova May 8 2427 Notary Pub1i iI and for t State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT'S Revised July 1, 2011 2025 Asphalt Resurfacing Conlracl 2 City Project No. 105638 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: httDs:Hcodelibrarv.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 12.75 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. Prime 27 contractor Waiver documentation. 28 29 SUBMITTAL OF REOUIRED DOCUMENTATION 30 Applicable documents (listed below) must be submitted electronically with the other required bidding 31 documents at the time of the bid under the respective Project via the Procurement Portal: 32 httDS://fortworthtexas.bonfirehub.com/aortal/?tab=ODenODDOrtunities 33 OR received no later than 2:00 p.m., on the third City business day after the bid opening date, 34 exclusive of the bid opening date with the respective Project via the Procurement Portal by 35 responding to the message sent within Bonfire to all the bidders. It is highly encouraged that bidders 36 submit required documentation at the time of bid submission. 37 38 The Offeror must submit one or more of the following documents: 39 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 40 2. Letter of Intent, for all M/WBE Subcontractors; 41 3. Good Faith Effort Form and Utilization Form, including supporting documentation, if 42 participation is less than stated goal, or no Business Equity participation is accomplished; 43 4. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 44 all subcontracting/supplier opportunities; or 45 5. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 46 Protege participation. 47 48 These forms can be accessed at: 49 Business Equity Utilization Form and Letter of Intent CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised June 7, 2024 004540-2 Business Equity Goal Page 2 of 2 1 httDs://anus.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Business Equity Utilization 2 Form_DVIN 2022 220324.12df 3 4 Letter of Intent 5 https://apes.fortworthtexas.2oy/ProiectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 6 2021.pdf 7 8 Business Equity Good Faith Effort Form 9 https://apes.fortworthtexas.aov/ProiectResources/ResourcesP/60 - MWBE/Good Faith Effort 10 Form DVIN2022._Ddf 11 12 Business Equity Prime Contractor Waiver Form 13 httns://anus.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 14 Waiver-220313.i)df 15 16 Business Equity Joint Venture Form 17 httas://anus.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint 18 Venture 220225.i)df 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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 EOUITY 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 Access and Opportunity Services Department at (817) 392-2674. END OF SECTION CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised June 7, 2024 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 11/19/2024, 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 Eurovia Atlantic Coast, LLC dba Sunmount Paving Co., 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: 2025 Asphalt Resurfacing Contract 2 Citv Proiect No. 105638 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of Two Million, Eiaht Hundred Seventv-Five Thousand, Five Hundred Seventv and 00/100 Dollars ($2,875,570.00). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 210 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred Fiftv and 00/100 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised March 3, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 00 52 43 - 2 Agreement Page 2 of 6 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification 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 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised March 3, 2024 00 52 43 - 3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused. in whole or in part, by anv act, omission or negligence of the citv. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 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 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 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 1-9 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 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised March 3, 2024 00 52 43 - 6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: City of Fort Worth By: By: 9" &. cv� Signature Jesica McEachern John Rauer Assistant City Manager (Printed Name) Dec 4, 2024 444400n� Division Mgr Date , 9d �o Ov8 osd Title Attest:oeo 000* 11801 Harmonson Rd A 44, bAd65b41 Address Jannette Goodall, City Secretary Justin TX 76247 City/State/Zip (Seal) Nov 18, 2024 M&C: 24-1027 Date Date: 11/19/2024 Approved as to Form and Legality: Qld0—V Douglas Black (Dec 4, 202415:28 CST) Douglas W. Black Sr. Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised March 3, 2024 Bond No, 016247283 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 0061 13 - 1 PERFORMANCE BOND Page I of 2 SECTION 00 6113 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS; COUNTY OF TARRANT § That we, Eurovia Atlantic Coast, LLC dba Sunmount Paving Co. known as "Principal" herein and Libertv Mutual Insurance COMDanv a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 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, Two Million. Eight Hundred Seventv-Five Thousand, Five Hundred Seventv and 00/100 Dollars ($2,875.570.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 19th day of November. 2024, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as 2025 Asphalt Resurfacing Contract 2, City Project No, 105638 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. 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 31 Worth Division. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8.2023 2025 Asphalt Resurfacing Contract 2 City Project No. 105638 Bond No. 016247283 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 0061 13 - 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 19th day of November , 20 24 . PRINCIPAL: Eurovia Atlan 'c, oast C dba Sunmount Paving Co. BY. a. -A Signature ATTEST: (Principal) Secretary Witness as t rin�L cipal Witness as to S ety, Misty right Address: Name and Title 11801 Harmonson Rd Justin. TX 76247 SURETY: Libertv Mutual Insurance Companv BY: (VM ark AAY Signature Amanda George, Attorney -in -Fact Name and Title Address: 175 Berkelev Street Boston, MA 02116 Telephone Number: 832-476-6921 Email Address: Amanda.george@aon.com *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation, If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 2025 Asphalt Resurfacing Contract 2 City Project No. 105638 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual® The Ohio Casualty Insurance Company Certificate No: 8211228-022011 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company Is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Vanessa Dominguez, Amanda George, Michael J. Herrod, Terri L. Morrison, Andrea M, Penaloza, Gina A. Rodriguez, Lupe Tyler, Lisa A. Ward, Donna L. Williams, Misty Wright all of the City of Houston state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this ] 8th day of January 2024 . --- Liberty Mutual Insurance Company - P� INSupq P01 INS& a 1Nsm The Ohio Casualty Insurance Company `J °OeP°kqr Ln yJ u°aP°Rq� Qqy `vP PC West West American Insurance Company � r FoF Q,r Foc+ �3 °bc° 1912 0 0 1919 0 1991 0 m s dg9s'T4 CH13, y�Z HAMPsa\�,da�0 �!s �NOIANP .da r ly4 BY: David M. Carey, Ass Istant Secretary m State of PENNSYLVANIA ss rn County of MONTGOMERY On this 18th day of January , 2024 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance io Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. N m _:3 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. O" outy Commonwealth of Penns4tanla - Notary seal IL Teresa Pastella,omer Notary Public rD O r.� �� ' ' Montgomery ex ery County O }N, or My commission expires March 28, 2025 By: Commission number 1126044 Notary Member, Pennsylvania Assoclailon of Notaries Teresa Pastelia, Public a? This Power of Attorney is made and executed pursuant to and by authority of the following Bylaws and Authorizations of The Ohio Casualty Insurance Company, liberty Mutual O •C Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. o 12 Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the 20 President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall +. I:= have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so executed, such Z 0 instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such alomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify, that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is In full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this l9th day of November , 2024 1NSU,p V14 INS& WSW. jP4°aP°�foLn�OVU 0 r, n� 1912 0 0 1919 �Au , 1991 0 ��-iA s o a By: ~(t,�9sSgCHt•S,da /yq Mp6�� �ls, vH°IANP �a3 Renee C. Llewellyn, Assistant Secretary 9j� * I,d yl * t•� �M * *� LMS-12873 LMIC OCIC WAIC Will Co 02/21 ayi 8 �L = M ,c c 0 c >6 Q:) ao N O N Q O O� `N a> o0 CL M 0o c(0 co 04) a Ii n Liberty Mutual LIBERTY MUTUAL INSURANCE COMPANY SURETY FINANCIAL STATEMENT — DECEMBER 31, 2023 Assets Liabilities Cash and Bank Deposits ............................... $1,850,246,073.00 Unearned Premiums .................................... $10,298,963,305.00 *Bonds — U.S Government ............................ $3,859,565,383.00 *Other Bonds................................................$21,048,805,773.00 *Stocks.........................................................$19,937,271,802.00 Real Estate ....................................................... $122,228,711.00 Agents' Balances or Uncollected Premiums.. $8,208,660,427.00 Accrued Interest and Rents .............................. $186,906,667.00 Other Admitted Assets..................................$15,677,869,683.63 Total Admitted Assets..................$70,891,553,519.63 Reserve for Claims and Claims Expense..... $28,848,537,243.00 Funds Held Under Reinsurance Treaties .......... $360,714,151.00 Reserve for Dividends to Policyholders ................. $1,310,198.00 Additional Statutory Reserve ............................. $296,126,000.00 Reserve for Commissions, Taxes and Other Liabilities .............................................. $7,622,413,466.63 Total .............................................. $47,428,064,363.63 Special Surplus Funds ...................................... $209,508,757.00 Capital Stock ....................................................... $10,000,075.00 Paid in Surplus ............................................. $13,834,867,488.00 Unassigned Surplus ................................. ...... $9,409,112,836.00 Surplus to Policyholders .................. ............. $23,463,489,166.00 Total Liabilities and Surplus....... $70,891,553,519.63 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2023, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 8th day of March, 2024. 1NSUR �JPGDaPORgrq�fiC% 1912 0 R Timothy A. Mikolajewski, Assistant Secretary ssACHO A LMS-1262/LMIC Bond No, 016247283 0061 14 - 1 PAYMENTBOND Page 1 of 2 I 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, Eurovia Atlantic Coast, LLC dba Sunmount Paving Co. , known as 8 "Principal' herein, and Liberty Mutual Insurance Company , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" 10 herein (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 penal 12 sum of Two Million. Eight Hundred Seventv-Five Thousand, Five Hundred Seventy and 00/100 13 Dollars ($2,875.570.00), lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 15 executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 19th day of November. 2024 which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories 19 as defined by law, in the prosecution of the Work as provided for in said Contract and designated 20 as 2025 Asphalt Resurfacing Contract 2, City Project No. 105638. 21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 22 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 23 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 24 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 25 force and effect. 26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 28 accordance with the provisions of said statute. 29 CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised December 8, 2023 Bond No. 016247283 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 19th day of 3 November .2024 4 5 6 7 8 9 10 11 12 PRINCIPAL: Eurovia Atlant' . as ztt dba Sunmount Paving Co. ATTEST: BY. �., Si ature (Principal) Secretary Name and Title Address: 11801 Harmonson Rd Justin, TX 76247 Witness as t rincipal SURETY: Libertv Mutual Insurance Comoanv ATTEST: BY: Owy Signature Vff Amanda Georqe. Attornev-in-Fact (Surety) Secr tar"y Lupe Tyler Name and Title Address: 175 Berkelev Street Boston, MA 02116 W1 ness as to rety Mi Wright Telephone Number: 832-476-6921 Email Address: Amanda.georgeCa)aon.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 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised December 8, 2023 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual® The Ohio Casualty Insurance Company Certificate No: 8211228-022011 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Vanessa Dominguez, Amanda George, Michael J. Herrod, Terri L. Morrison, Andrea M, Penaloza, Gina A. Rodriguez, Lupe Tyler, Lisa A. Ward, Donna L. Williams, Misty Wright all of the city of Houston state of TX each individually if there be more than one named, its true and lawful attorney -in -tact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 18th day of January , 2024 . Liberty Mutual Insurance Company 1Nsup yI,( INS& 1NsuR The Ohio Casualty Insurance Company hJPoONPo"�r�tio hJp aONPoggrR9ti `vP 00%PORa qti� West American Insurance Company � 3 Foci v3 Foci �3 FotN 1912 0 0 1919 0 1991 0 R a) dV1 s`SACH'A .d0 y0y NAMPS�\�-A `(s �NDIANP .da � `-: By' ( is N David M. Carey, Assistant Secretary m State of PENNSYLVANIA E I County of MONTGOMERY ss o E On this 18th day of January 2024 before me personally appeared David M, Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes (therein contained by signing on behalf of the corporations by himself as a duly authorized officer, > m � IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. o N �Cp ` PII.S�k CL Z O WIN Commonwealth of Pennsylvania - Notary Seal >,_ Teresa Pastella, Notary Public O — Montgomery County // p �N, or My commission expires March 28, 2025 By: J —^�� CommissI number I126044 +,, �j�r�!Y VJt�1�Ca Member, Pennsylvania Association of Notaries Teresa Pastella, Notary Public Q O O q -� 04 4? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 00, •c: Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: M a) ARTICLE IV —OFFICERS: Section 12. Power of Attorney, 0?40 L Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the c >+ President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety m = any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-In-fact, subject to the limitations set forth in their respective powers of attomey, shall c »� have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so executed, such o a) Instruments shall be as bindin as if si ned b the President and attested to b the Secreta An ower or authori ranted to an re resentative or allome In -fact under the n cn Z v 9 9 Y Y ry• YP ty9 Y p Y- o m provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, a ARTICLE XIII — Execution of Contracts: Section 5, Surety Bonds and Undertakings, Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, — bonds, recognizances and other surety obligations. Such attomeys-In-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary, Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations, Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full. force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th day of November , 2024 1NSU/p INS& %NSUR jPcoaP0�f9,y� �JP4opPo�rQgti ��'PooapO�° q�J•n 3 Foco Q3 Foo �3 Fom 1912 0 0 1919 0 1991y ` o B . d� s9ACNU=" da y�� NAMP6��epa� �s �NOrAN° dad Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 -, Liberty Mutual. LIBERTY MUTUAL INSURANCE COMPANY SURETY FINANCIAL STATEMENT — DECEMBER 31, 2023 Assets Liabilities Cash and Bank Deposits ............................... $1,850,245,073.00 Unearned Premiums .................................... $10,298,963,305.00 *Bonds — U.S Government ................. I ..... I.... $3,859,565,383.00 Reserve for Claims and Claims Expense..... $28,848,537,243,00 *Other Bonds................................................$21,048,805,773.00 Funds Held Under Reinsurance Treaties .......... $360,714,151.00 *Stocks.........................................................$19,937,271,802.00 Reserve for Dividends to Policyholders ................. $1,310,198.00 Real Estate ....................................................... $122,228,711.00 Additional Statutory Reserve............................. $296,126,000.00 Agents' Balances or Uncollected Premiums.. $8,208,660,427.00 Reserve for Commissions, Taxes and Other Liabilities .............................................. $7,622,413,466.63 Accrued Interest and Rents .............................. $186,906,667.00 Total .............................................. $47,428,064,363,63 Other Admitted Assets..................................$15,677,869,683.63 Special Surplus Funds ...................................... $209,508,757.00 Total Admitted Assets..................$70,891,553,519.63 Capital Stock....................................................... $10,000,075.00 Paid in Surplus ............................................. $13,834,867,488.00 Unassigned Surplus.......................................$9,409,112,836.00 Surplus to Policyholders ............................... $23,463,489,156.00 Total Liabilities and Surplus ....... $70,891,553,519.63 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2023, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 8th day of March, 2024. �JP GpligKp�po 1912 0 0 Timothy A. Mikolajewski, Assistant Secretary d' S3gcH�y`` .aa LMS-1262/LMIC Bond No. 016247283 0061 19 - 1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we Eurovia Atlantic Coast, LLC dba Sunmount Pavino Co. known as 8 "Principal" herein and Libertv Mutual Insurance Companv , a corporate surety 9 (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" 10 herein (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 sum 12 of Two Million. Eight Hundred Seventy -Five Thousand. Five Hundred Seventv and 00/100 Dollars 13 ($2.875,570,00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 14 Texas, for payment of which sum well and truly be made unto the City and its successors, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly 16 by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 19th day of November, 2024, which Contract is hereby referred to and a made part hereof for 20 all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 21 accessories as defined by law, in the prosecution of the Work, including any Work resulting from 22 a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract 23 and designated as 2025 Asphalt Resurfacing Contract 2, City Project No. 105638; and 24 25 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 26 accordance with the plans, specifications and Contract Documents that the Work is and will remain 27 free from defects in materials or workmanship for and during the period of two (2) years after the 28 date of Final Acceptance of the Work by the City ("Maintenance Period"); and 29 30 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 31 receiving notice from the City of the need therefor at any time within the Maintenance Period, 32 CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105638 Revised December 8, 2023 Bond No. 016247283 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 1OS638 Revised December 8, 2023 Bond No. 016247283 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 19th day of November 3 , 2024 . 4 5 6 7 8 9 10 11 ATTEST: 12 13 14 (Principal) Secretary 15 16 17 18 19 20 Witness as t incipal 21 22 23 24 25 26 27 28 29 ATTEST: 30 31 32 (Su ety)ecre ary Lu e Tyler 33 34 35 Witness as tS ty Misty W 36 37 PRINCIPAL; Eurovia :Atl oapj-, C dba Sunmount Paving Co. x B m .. if Signature 'lea Name and Title Address: 11801 Harmonson Rd Justin, TX 76247 SURETY: Libertv Mutual Insurance Comganv BY: Signature , Amanda George, Attorney -In -Fact Name and Title Address: 175 Berkeley Street Boston. MA 02116 Telephone Number: 832-476-6921 Email Address: Amanda.george@aon.com 38 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH 2O25 Asphalt Resurfacing Contract 2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No, 105638 Revised December 8, 2023 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except In the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual® The Ohio Casualty Insurance Company Certificate No: 8211228-022011 West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Vanessa Dominguez, Amanda George, Michael J. Herrod, Terri L. Morrison, Andrea M. Penaloza, Gina A. Rodriguez, Lupe Tyler, Lisa A. Ward, Donna L. Williams, Misty Wright all of the city of Houston state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 18th day of January 2024 . Liberty Mutual Insurance Company trtsuR 01( INSV %HSU,pq The Ohio Casualty Insurance Company 0 ok4 y'Zol Oft QoI �Q o1 West American Insurance Company � 3 Coco Q'3 Foc+ �3 Fo t° 1912 0 1919 1991 d'� sS4CHU°+e�.da HAMPga\�O `(s �NDIANP �a3� 'C 8 By: m ro David M. Carey, Assistant Secretary c MState of PENNSYLVANIA ss _ rn County of MONTGOMERY 40— S On this 18th day of January 2024 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance m Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes (, > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written, a0 cp ern—�5�p Q.O Obi l �ttv Commonwealth of Pennsylvania •NotarySeai �- �F' �t Teresa Pastella, Notary Public N '(d ej O P- u i Montgomery County E E p }N or My commisslon expires March 2a, 2025 By. �O N C tp r Commission number 1126044 f. Teresa Pastella, Notary Public �t o 4, N:;yi,1lt*,'¢�`(rJ Member, Pennsylvania Association of Notaries 4. 4y V't1 O N C a? This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual 00 ci•s Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: a M ARTICLE IV — OFFICERS: Section 12. Power of Attorney. o0 o m oa Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the -0 8 President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety cfl any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall -o o C have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such o a) Z U instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney in fact under the a provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority, LL ARTICLE XIII — Execution of Contracts: Section 5, Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, — bonds, recognizances and other surety obligations. Such adomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if Signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M, Carey, Assistant Secretary to appoint such allomays-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force'and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 19th day of November , 2024 , 1N8U/ra Vg`r INS( 1NSUq Po°aPO��gyc+ yJPo°�b�r�L .uP o°VYO� qyn 3 Foc° QP Fon J �F g 1912 o c 1919 1991 0 "" B d�,"ss4CHeg'�a yOZ HAMPgaaL�O dS, �tiDIANP aaY� y Renee C. Llewellyn, Assistant Secretary LMS-12873 LMIC OCIC WAIC Multi Co 02/21 Liberty Mutual. LIBERTY MUTUAL INSURANCE COMPANY SURETY FINANCIAL STATEMENT — DECEMBER 31, 2023 Assets Liabilities Cash and Bank Deposits ............................... $1,850,245,073.00 Unearned Premiums .................................... $10,298,963,305.00 *Bonds — U.S Government ............................ $3,859,565,383.00 Reserve for Claims and Claims Expense..... $28,848,537,243.00 *Other Bonds................................................$21,048,805,773.00 *Stocks ..... .................................... ................ $19,937,271,802.00 Real Estate ....................................................... $122,228,711.00 Agents' Balances or Uncollected Premiums .. $8,208,660,427.00 Accrued Interest and Rents .............................. $186,906,667.00 Other Admitted Assets..................................$15,677,869,683.63 Total Admitted Assets..................$70,891,553,619.63 Funds Held Under Reinsurance Treaties .......... $360,714,151.00 Reserve for Dividends to Policyholders ................. $1,310,198.00 Additional Statutory Reserve ............................. $296,126,000.00 Reserve for Commissions, Taxes and Other Liabilities .............................................. $7,622,413,466.63 Total .............................................. $47,428,064,363.63 Special Surplus Funds ...................................... $209,508,757.00 Capital Stock.......................................................$10,000,075.00 Paid in Surplus ............................................. $13,834,867,488.00 Unassigned Surplus.......................................$9,409,112,836.00 Surplus to Policyholders ............................... $23,463,489,156.00 Total Liabilities and Surplus ....... $70,891,553,519.63 * Bonds are stated at amortized or investment value; Stocks at Association Market Values. The foregoing financial information is taken from Liberty Mutual Insurance Company's financial statement filed with the Massachusetts Department of Insurance. I, TIM MIKOLAJEWSKI, Assistant Secretary of Liberty Mutual Insurance Company, do hereby certify that the foregoing is a true, and correct statement of the Assets and Liabilities of said Corporation, as of December 31, 2023, to the best of my knowledge and belief. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Corporation at Seattle, Washington, this 8th day of March, 2024. INSU/pq hJ GoaPQRgr 1912 o 0 Timothy A. Mikolajewski, Assistant Secretary SSgCOS� as LMS-1262/LMIC 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 SECTION 00 6125 CERTIFICATE OF INSURANCE [Assembler: For Contract Document execution, remove this page and replace with standard ACORD Certificate of Insurance form.] END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2025 Asphalt Resurfacing Contract 2 City project No. 105638 ^ Additional Insured — Owners, Lessees Or Contractors — ZURICH� Scheduled Person Or Organization THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLOO184998-09 I Effective Date: 10/01/2024 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Name Of Additional Insured Person(s) Or Organization(s): Any person or organization, other than an architect, engineer or surveyor, whom you are required to add as an aaaiiionai insured under this poiicy under a written contract or written agreement executed prior tQ Ioss,axGept Where suchi iircmcn4 ie Lei SCHEDULE Location(s) Of Covered Operations Any Location or project, other than a wrap-up or other consolidated insurance program location or project for which insurance is othe ise separaieiy proviaea io you A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, 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(s) at the location(s) designated in such Schedule. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. 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 2. 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. All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2169-A CW (02/19) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Additional Insured — Owners, Lessees Or Contractors — ZURICH� Completed Operations THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Policy No. GLOO184998-09 I Effective Date: 10/01/2024 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part Name Of Additional Insured Person(s) Or Organization(s): Any p0730n ar a; pnizctian, athx-,T than an amhitoat, engineer or surveyor, whom you are required to add ar, an additional 'nsured under this poliGy or 9. written contract or written agreement executed prior to Ins- Pxcept where such reauiremPnt is prnhihitpd by law. SCHEDULE Location And Description Of Completed Operations Any Location or project, other than a wrap-up or other named inci jr;4nria prograrn location or project for VVhir. 1 insurance is otherwise separately provided to you by a wrap-uD or other consolidated insurance oroaram Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule of this endorsement, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in such Schedule, performed for that additional insured and included in the "products -completed operations hazard". All other terms, conditions, provisions and exclusions of this policy remain the same. U-GL-2168-A CW (02/19) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Other Insurance Amendment — Primary And Non - Contributory 0 ZURICH Policy No. I Eff. Da20 of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. AddT Prem Return Prem. GLO0184998-0910/1/2024 10/1/2025 74044-00 Included N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: Eurovia USA, Inc. Address (including ZIP Code):1936 Lee Road, Winter Park, FL 32789 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part 1. The following paragraph is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is primary insurance to and will not seek contribution from any other insurance available to an additional insured under this policy provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by a written contract or written agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same 'occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by written contract or written agreement to provide coverage to the additional insured on a primary and non-contributory basis. All other terms and conditions of this policy remain unchanged. U-GL-1327-B CW (04/13) Page 1 of 1 Inrlurlas rnnvrinhtF-d matarinl of IncuranrP SPrviras nffira Inn with its narmiGsinn 0 Waiver Of Subrogation (Blanket) Endorsement Z U RI C H Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer AWL Prem Return Prem. GLOO184998-09 10/01/2024 10/01/2025 74044-000 $Included $N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from others, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GL-925-B Cw (12/01) Page 1 of 1 POLICY NUMBER: BAP 0184997-09 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Vinci Construction USA Endorsement Effective Date:10/1/2024 SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION TO WHOM OR WHICH YOU ARE REQUIRED TO PROVIDE ADDITIONAL INSURED STATUS OR ADDITIONAL INSURED STATUS ON A PRIMARY, NON-CONTRIBUTORY BASIS, IN A WRITTEN CONTRACT OR WRITTEN AGREEMENT EXECUTED PRIOR TO LOSS, EXCEPT WHERE SUCH CONTRACT OR AGREEMENT IS PROHIBITED BY LAW. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: BAP0184997-09 COMMERCIAL AUTO CA04501116 IN: I[I4111Biel *14MI4ki III to]:/_1zEel *a9:I:81*7111111[WAIIII 91111111:_�+9A0 =F_1971097_1:I41111111111MA PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Other Insurance Condition in the Business Auto and Garage Coverage Forms and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "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 such "insured". CA 04 50 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 TM Wolters Kluwer Financial Services I Uniform Forms POLICY NUMBER: BAP 0184997-09 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Vinci Construction USA Endorsement Effective Date:10/1/2024 SCHEDULE Name(s) Of Person(s) Or Organization(s): ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Page 4 of 5 © Insurance Services Office, Inc., 2011 CA 04 44 10 13 ❑ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/01/24 Policy No. WC0184999-09 Endorsement No. Insured: Vinci Construction USA Premium $ and Hubbard Construction Insurance Company: American Zurich Insurance Co. Countersigned by WC124 (4-84) Page 1 of 1 WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform FormsTM Blanket Notification to Others of Cancellation or Non -Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. G LO 0184998-09 10/01 /2024 10/01 /2025 74044000 ZURICH AddT Prem Return Prem. INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contact or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-GL-1521-A CW (10/12) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Blanket Notification to Others of Cancellation ZURICH or Non -Renewal PolicyNo. Eff. Date of Pol. Ex . Date of Pol. Eff. Date of End. Producer No. Add'I. Prem Return Prem. p BAP0184997-0910/01/2024 10/01/2025 74044-000 Included N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured, we will mail or deliver notification that such Coverage Part has been cancelled or non -renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non -renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium; or b. Non -renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date; 2. Negate the cancellation or non -renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-ACW (01/13) Page 1 of 1 Inclurles cnnvrinhted material of Insurance Sarvir.Ps Office_ Inc__ with its narmissinn_ WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non -renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non -renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non -renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non -renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non -renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non -renewal date; b. Negate the cancellation or non -renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 10/01/24 Policy No. WC0184999-09 Insured: Vinci Construction USA Insurance Company: American Zurich Insurance Co. Endorsement No. Premium $ WC 99 06 43 Page 1 of 1 (Ed. 01-13) Includes copyright material of the National Council on Compensation Insurance, Inc. used with its permission. © 2012 Copyright National Council on Compensation Insurance, Inc. All Rights Reserved. FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE:2025 ASPHALT RESURFACING CONTRACT 2 M&C: 24-1027 CPN: 105638 CSO: Date: 12/02/24 To: Name 1. Donnette Murphy 2. Patricia Wadsack 3. Lauren Prieur 4. Priscilla Ramirez 5. Doug Black 6. Jesica McEachern 7 Ronald Gonzales 8 Janette Goodall 9 Allison Tidwell 10. TPW Contracts Department Initials Risk -Approver TPW Approver PLW TPW-Signer Signed in Agiloft Legal -Approver Legal -Signer ACM -Signer ,a' CSCO-Approver pp— CSCO-Signer CSCO-Form Filler ..- TPW DOCM Date Out 12/03/24 12/03/24 12/03/24 Dec 4, 2024 Dec 4, 2024 Dec 5, 2024 Dec 5, 2024 Dec 6, 2024 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: 2025 Asahalt Resurfacina Contract 2 M&C: CPN: 105638 CSO: DOC#: Date: 11 /06/24 To: Name Department Initials Date Out 1. John Rauer Vendor -Signer 11 /18/24 2. Iretomiwa Otuyelu TPW-Signer 1 j 11 /18/24 3. Leonel Rios TPW-Review L e 11 /26/24 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! aBond Verification MM&C