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HomeMy WebLinkAboutContract 62472CSC No. 62472 FORTWORTH. CONTRACT FOR THE CONSTRUCTION OF 2025 CONCRETE RESTORATION CONTRACT 3 City Project No. 105771 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 1 � OF ''•.';9S► �•• 1� :.:......................:* / ZELALEM.�A�AREGA"" 124011 ���i�►''••410ENSte * dw ����loNiai:E0 o �. FORTWORTHe City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 02/08/2024 0021 13 Instructions to Bidders 01/17/2024 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 nn nc r i i � Vendor Compliance to State Law Nonresident Bidder Bidders Pr-eq alai,,..; r� 06/27/2011 08, 3/20i i �z �z 0045 00 45 26 Contractor Compliance with Workers' Compensation Law 1z 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 2500 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 3120 Project Meetings 07/01/2011 01 32 16 Construction Schedule 10/06/2023 01 3233 Preconstruction Video 07/01/2011 01 3300 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 0157 13 Storm Water Pollution Prevention Plan 07/01/2011 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 7123 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 0177 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 105771 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 Division 32 - Exterior Improvements 32 1123 Flexible Base Courses 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps Division 34 - Transportation 3471 13 1 Traffic Control 99 99 00 ADDITIONAL SPECIFICATIONS 99 99 99 — Special Specification — Geogrid Tensar TriAX140 — 475 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: htti):Hfortworthtexas.2ov/tuw/contractors/ or httus:Hauus.fortworthtexas.gov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03/11/2022 03 34-43 GefA,ellea row Strength Mate.:, 1 (C UNIT) 1 7�7rcQO/i012 Niedifiea4ions4o EJi"UO`.tl£29 12420/2012 Division ommon._ Demelitien fef Eleetfieal Systems. 12420/2012 12420/2012 Duets2605 4-3 Under -ground _0■ Division 31- Earthwork 31 00 00 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 31232-3 Beffe n1io 4�13 3124r 1 0143 -AA ��Itirr..-r�1�t 31 25 00 Erosion and Sediment Control 04/29/2021 31�r36 vv GabiefiS 12i�lz 3137 Y p 12/7rcQO/i012 Division 32 - Exterior Improvements 32-0-1T7 ft r24=0r2012 '27�40 Temper-afy Agr.W.t -1kY,4 . 12/z Q0/20i2 CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 105771 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS n1 20 n.,..;rg no..ai Page 3 of 6 �z-v-rz7 32 32 11232 27� Gene-ete Flexible Base (`our-sos- Treated 12i20/2n12 r�-=vravzz 12/7 z 12/7 32 1133 Lime e Base Ceiffsos- Cement Treated Base Courses z 06/10/2022 32 1 1 3 7 Liquid d Tr-emed cal FXl�'/.N7C f 04 /2 5 2 7�o A3p1Wt llky ing 6 in�7ory 2024 32 Q �7-3 A3~ . t Tlkv" 1V20/2012 2'�3 Ear Pvr j n-4ing 06/10/2 32 13 32 1 2 772 �� Ga"Pc�o F/.dewaka, Driveways ,.d n,.ffief Free Ramps 1�,,ne -ete n.,.,;ng joint Sea! ,..+� 12109i2n22 12420/2n12 r�-avravzz �-ry 32 14 1.6 32 16 13 1?fiek Unit Pa-y .-... 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SUBJECT: (CD 10) Authorize Execution of a Contract with R&A Legacy Construction, LLC, in the Amount of $641,510.00 for the 2025 Concrete Restoration Contract 3 Project at Various Locations RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with R&A Legacy Construction, LLC, in the amount of $641,510.00 for the 2025 Concrete Restoration Contract 3 project (City Project No. 105771). 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 will provide the reconstruction of failing concrete pavement on the street sections listed below under the 2025 Concrete Restoration Contract 3 (City Project No. 105771). Street Name Cowboy Trail Cowboy Trail Creek Crossing Drive Diamond Lake Trail Ford Oaks Lane J. Cheshier Road From Street Red River Lane To Street Wild Horse Way Copper Mountain Drive Jasmine Springs Drive Cowboy Trail Red River Lane Woodside Drive Foxfield Way Windthorst Way Jasmine Springs Drive Arbuckle Drive Jasmine Springs Drive Rialto Way Kittredge Way Windthorst Way Ramada Trail Cowboy Trail Red River Lane Creek Crossing Drive Red River Lane Riverchase Lane Shasta View Drive Shawnee Trail Stonehill Drive Ramada Trail Abilene Drive Jasmine Springs Drive Martin Ranch Road Cowboy Trail Pinery Way Diamond Lake Trail Ford Oaks Lane Shasta View Drive Baxter Springs Drive Ford Oaks Lane Abilene Drive Copper Mountain Drive Lariat Drive Red River Lane Ford Oaks Lane Shawnee Trail Red River Lane apps.cfwnet.org/council_packet/mc_review.asp?ID=32791 &councildate=12/10/2024 1/3 12/10/24, 12:20 PM Street Name From Street M&C Review To Street Thorntree Lane Trego Drive Windthorst Way Woodside Drive Woodside Drive Diamond Lake Trail Thorntree Lane Elk Lake Trail Baxter Springs Drive Carolina Ridge Way Pinery Way Pinery Way Diamond Lake Trail North Dead End Rialto Way This project was advertised for bid on September 12 and September 19, 2024, in the Fort Worth Star - Telegram. On October 10, 2024, the following bids were received: Bidders R&A Legacy Construction, LLC Vernara, LLC Amount Time of Completion $641,510.00 240 Calendar Days $787,890.00 H&H Construction on Demand Inc. $800,228.00 GRod Construction, LLC $1,082,034.00 Urban Infraconstruction, LLC $1,166,944.00 Capko Concrete Structures, LLC $1,199,834.00 MW Panel Tech $1,425,512.00 SS Inc. $4,820,350.00 In addition to the contract amount, $163,018.00 is required for project management, material testing, and inspection, and $96,227.00 is provided for project contingencies. Funding is budgeted in the General Capital Projects Fund for the TPW Highway & Streets Department for the purpose of funding the 2025 Concrete Restoration Contract 3 project, as appropriated. Construction for this project is expected to start in January 2025 and be completed by September 2025. Upon completion of the project, there will be no anticipated impact on the General Fund operating budget. Business Equity Division — The Business Equity Division placed a 13.38\% business equity goal on this solicitation/contract. R&A Legacy Construction LLC, has agreed/committed to utilize 13.38\% 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 DISTRICT 10. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for the 2025 Concrete Rest Contract 3 project to support the approval of the above recommendation and award 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 ID ID FROM Fund Department Account Project ID ID Submitted for City Manager's Office by: Program Activity Budget Year Program Activity Budget Year Reference # Amount (Chartfield 2) Reference # Amount (Chartfield 2) Jesica McEachern (5804) apps.cfwnet.org/council_packet/mc_review.asp?ID=32791 &counciIdate=12/10/2024 2/3 12/10/24, 12:20 PM M&C Review Originating Department Head: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 202025 CONCRETE RESTORATION CONTRACT 3.docx (CFW Internal) 2025 Concrete Restoration Contract 3 sianature request RC sianed.pdf (CFW Internal) FID Table 2025 CONCRETE RESTORATION CONTRACT 3.XLSX (CFW Internal) Form 1295 R&A Leaacv Construction. LLC.pdf (CFW Internal) MC Map CPN105771 Rev.pdf (Public) SAM Search Report R&A Leggy Construction, LLC.pdf (CFW Internal) apps.cfwnet.org/council_packet/mc_review.asp?ID=32791 &counciIdate=12/10/2024 3/3 000515-1 ADDENDA Page 1 of 2 CITY OF FORT WORTH Transportation and Public Works Department 2025 CONCRETE RESTORATION CONTRACT 3 CITY PROJECT NO. 105771 /:\ 1] 17 040 111U le[ImI Addendum No. 1: Issued Monday, September 30, 2024 Bid Open Date: Thursday, October 10, 2024 This Addendum forms part of the Plans, Contract Documents, and specifications for the above - referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below, and in the proposal (SECTION 00 41 00). Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The plans and specification documents for 2025 Concrete Restoration Contract 3, City Project No. 105771, are hereby revised by Addendum No. 1 as follows: 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: How many days allotted for the project? Response 1: 240 calendar days has been allotted for the project. Please be aware City of Fort Worth count weekends and holidays as calendar days. Question 2: When is the construction expected to start? Response 2: Work on the project is expected to begin in January 2025. The selected vendor must have crews available and prepared to initiate work upon receipt of the Notice to Proceed. Question 3: Can contractor use concrete breaker in construction? Response 3: City of Fort Worth will not allow use of concrete breaker in the streets included in the project. This Addendum No. 1 forms part of the Plans, Specifications, and Contract Documents for the above -referenced project and modifies the original Project Manual and Contract Documents of the same. Acknowledge your receipt of Addendum No. 1 by completing the requested information in the space provided in Section 00 4100, Bid Form, Page 3 of 3. A signed copy of Addendum No. 1 should be included in the submitted sealed bid at the time of bid submittal. Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105771 Revised July 1, 2011 Addendum No. 1 Addendum No. 1 RECEIPT ACKNOWLEDGEMENT: Eduardo Ivan Roman Alvarado By: Company: R&A Legacy Construction LLC Address: 1309 Glasgow Rd City: Fort Worth State: Texas 0005 15 - 2 ADDENDA Page 2 of 2 Lauren Prieur, P.E. Director, Transportation & Public Works By: ze(a-(epi Aa Zelalem Arega, P.E. Engineering Manager END OF SECTION CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 105771 Revised July 1, 2011 Addendum No. 1 00 11 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of 2025 CONCRETE RESTORATION CONTRACT 3, City project No. 105771 will be received by the City of Fort Worth via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=oj2enOj2portunities, 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 in the Fort Worth City Hall, 100 Fort Worth Trail, Fort Worth, Texas, 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: https://fortworthtexas.bonfirehub.com/portal/?tab=oDenODDortunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non -responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT For technical questions, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en-us Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105771 Revised 2/08/24 00 11 13 INVITATION TO BIDDERS Page 2 of 3 To get started with Bonfire, watch this five-minute training video: Vendor Registration and Submission [VIDEO] — Bonfire Vendor Support (gobonfire.com) C"-&,I N 117.\ A 17 af.Yy:71 Y [IJ�[Y7�1��i�LY] 7:\ The major work will consist of the (approximate) following: 4,582 SY Remove Concrete and Replace with 6" Concrete Pavement 450 CY Flex Base 2,000 SY Geogrid DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal https://fortworthtexas.bonfirehub.com/aortal/?tab=oi)en0unortunities, 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=oi2enOpportunities, under the respective Project. PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: Tuesday, September 24, 2024 TIME: 9.00 A.M. Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement Portal. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from bonds, grants etc. and reserved by the City for the Project. CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105771 Revised 2/08/24 00 11 13 INVITATION TO BIDDERS ADVERTISEMENT DATES September 12, 2024 Septemberl9, 2024 END OF SECTION Page 3 of 3 CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105771 Revised 2/08/24 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Pagel of 8 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making electronic Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) OMITTED 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105771 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 8 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. OMITTED 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.1.10. Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105771 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 8 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification o£ 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 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105771 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 8 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=open0pportunities on or before 2 p.m., the Monday, ten 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 htti)s://fortworthtexas.bonfirehub.com/aortal/?tab=oi)en0nnortunities 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 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105771 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 8 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https://codelibrary.amlegal.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 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105771 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 8 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 htti)s://fortworthtexas.bonfirehub.com/aortal/?tab=oi)enOpportunities. 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 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105771 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 8 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 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105771 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 8 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 httus://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 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT City Project No. 105771 Revised/Updated 1/17/24 00 35 13 BID FORM Page 1of6 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) https://www.ethics.state.tx.us/data/forms/conflict/CIS.pdf ❑ CIQ Form does not apply ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ® CIS Form does not apply ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Eduardo Ivan Roman Alvarado By: 62?k� Signature: ?J�Xll' &-,� Title: owner/managing member END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2025 CONCRETE RESTORATION CONTRACT 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: City Project No.: 105771 Units/Sections: Concrete Paving 1. Enter Into Agreement 2025 CONCRETE RESTORATION CONTRACT 3 00 41 0, BID FORS Page 2 of 1 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, orqanization, 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 Paraqraph: 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 biddinq 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. 00 42 43 BID FORM Page 1 of 1 UNIT PRICE BID SECTION 00 42 43 PROPOSALFORM Project Item Information Bidlist Description Item No. 1 0135.0201 Remobilization 2 3471.0001 Traffic Control 3 0241.0401 Remove Concrete Drive 4 3213.0401 6" Concrete Driveway 5 9999.0001 Remove Concrete and Replace with 6" Concrete Pavement 6 3123.0101 Unclassified Excavation 7 3211.0122 Flex Base, Type A, GR-2 8 3292.0100 Block Sod Placement 9 3291.0100 Topsoil 10 3213.0700 Joint Sealant 11 9999.1000 Irrigation Adjustment & Landscape Repair Allowance 12 9999.0002 Geogrid Tensar (TRIAX 140-475) or Approved equal 13 0241.0100 Remove Sidewalk 14 3213.0301 4" Conc Sidewalk 15 3217.5001 Curb Address Painting 16 0241.0703 Relocate Mailbox - Brick 17 0241.0705 Remove and Replace Mailbox - Brick 18 3217.2002 Raised Marker TY Y 19 9999.1003 Paving Construction Allowance Bidder's Application Bidder's Proposal Specification Section Unit of Bid No. Measure Quantity Unit Price Bid Value 017000 EA 1 $10,000.00 $10,000.00 3471 13 MO 8 $2,000.00 $16,000.00 0241 13 SF 2,200 $2.00 $4,400.00 32 13 20 SF 2,200 $9.00 $19,800.00 0241 15/32 13 13 SY 4,582 $80.00 $366,560.00 312316 CY 100 $50.00 $5,000.00 321123 CY 450 $45.00 $20,250.00 32 92 13 SY 2,000 $10.00 $20,000.00 3291 19 CY 300 $100.00 $30,000.00 32 1373 LF 5,000 $1.50 $7,500.00 99 99 00 LS 1 $40,000.00 $40,000.00 99 99 99 SY 2,000 $5.00 $10,000.00 0241 13 SF 2,000 $2.00 $4,000.00 321320 SF 2,000 $8.00 $16,000.00 321725 EA 20 $100.00 $2,000.00 024113 EA 5 $1,500.00 $7,500.00 024113 EA 5 $2,000.00 $10,000.00 32 17 23 EA 500 $5.00 $2,500.00 99 99 00 EA 1 $50,000.00 $50,000.00 Total Bid $641,510.00 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 2025 CONCRETE RESTORATION CONTRACT 3 City Project Number 105771 That we, "Bidder" herein and SECTION 00 43 13 BID BOND R&A Legacy Construction LLC Merchants National Bonding, Inc. 00 43 1: BID FORK Page 4 of 1 , known as a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 2025 CONCRETE RESTORATION CONTRACT 3 NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Princiaal'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 10th day of October 2024. ATTEST: Witness as to Principal PRINCIPAL: R&A Leaacv Construction LLC BY: .. � vww� Signature Eduardo Ivan Roman Alvarado owner/managing Name and Title Address: 1309 Glasgow Rd Fort Worth TX 761 ............... �. P•��ONq� /'•�. SURETY: Merchants National Bonding, Inc. MERCHANTS BONDING COMPANY,. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Matthew Gonzales their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July 2024 .• P��O.Nq� '•. �y GORP 0%iq �2'. 2003 •. p1N� • Cps . • o••oRQaq••.CID y•. -a- o; a' 1933 mod. STATE OF IOWA '•.•7 •.•• •••., • • COUNTY OF DALLAS ss. On this 29th day of July 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. — �PR'A<s Penni Miller o Commission Number 787952 • • My Commission Expires �y IOWP January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY By President I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 10 day of October 2024 ••...........• • ....... • ••Q,•�\ON4 \NG Cp •. • • A •• '2c2 -0- v:v:. - . :ti1. :Z _ • a 1933 ' 3 Secretary .v. 2003 �: POA 0018 (6/24) Rios, Leonel From: Lisa Lawson <Ilawson@merchantsbonding.com> Sent: Friday, December 13, 2024 12:55 PM To: Rios, Leonel Subject: RE: Bond #101254985 Verification-R&A Legacy Construction, LLC This message is from an external organization. This message came from outside your organization. Good Afternoon, Yes, this is a valid bond. The information below is correct. Thank you! Lisa Lawson I Sr. Contract Underwriting Account Specialist Merchants Bonding CompanyTM street 6700 Westown Parkway, West Des Moines, IA 50266-7754 mailing P.O. Box 14498, Des Moines, IA 50306-3498 direct (515) 558.8765 toll free (800) 678.8171 web www.merchantsbondinfz.com BONDING COMPANY COMMON SENSE SURETY SINCE 19330 From: Rios, Leonel <Leonel. Rios @fortworthtexas.gov> Sent: Thursday, December 12, 2024 12:42 PM To: Lisa Lawson <Ilawson@merchantsbonding.com> Subject: Bond #101254985 Verification-R&A Legacy Construction, LLC Report Suspicious CAUTION This email originated from outside of Merchants Bonding Company. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, The City of Fort Worth requires bond verification before a contract can be executed. We have received the following bonds from R&A Legacy Construction, LLC: Bond #101254985, in the amount of $641,510.00, issued by Merchants Bonding Company for City Project #105771, 2025 CONCRETE RESTORATION CONTRACT 3. Please confirm that the bonds and corresponding amounts are valid so we can proceed with awarding the contract to R&A Legacy Construction, LLC. Thank you, Leonel J. Rios Contract Compliance Specialist 00 43 37 BID FORM Page 5 of 6 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal Dlace 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. q BIDDER: By: EDUARDO IVAN ROMAN ALVARAD( (Signature) Title: OWNER/MANAGING MEMBER 10/10/2024 Date: 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 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 105771 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: Company Address City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT § By: C IY- T �1 &fcn t .. (Please Print) Signature: (Please Pri<t) J BEFORE ME, the undersigned authority, on this day personally appeared kLA wn zw h known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of 0 W /— for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND ANDqSEALOF OFFICE this t day of WILLIE WILSON Notary Public, State of Texas Comm. Expires 09-19-2027 Notary ID 134562230 J -- L��-22� Notary ublic in and for the State of Texas END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 2025 CONCRETE RESTORATION CONTRACT 3 CITY PROJECT NO. 105771 00 45 40 - 1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: httDs://codelibrarv.amle2al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EOUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 13.38% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REOUIRED DOCUMENTATION 29 Applicable documents (listed below) must be submitted electronically with the other required bidding 30 documents at the time of the bid under the respective Project via the Procurement Portal: 31 httDs://fortworthtexas.bonf"irehub.com/Dortal/?tab=oDenODDortunities 32 OR received no later than 2:00 p.m., on the third City business day after the bid opening date, 33 exclusive of the bid opening date with the respective Project via the Procurement Portal by 34 responding to the message sent within Bonfire to all the bidders. It is highly encouraged that 35 bidders submit required documentation at the time of bid submission. 36 37 The Offeror must submit one or more of the following documents: 38 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 39 2. Letter of Intent, for all M/WBE Subcontractors; 40 3. Good Faith Effort Form and Utilization Form, including supporting documentation, if 41 participation is less than stated goal, or no Business Equity participation is accomplished; 42 4. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will 43 perform all subcontracting/supplier opportunities; or 44 5. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or 45 Mentor-Prot6g6 participation. 46 47 These forms can be accessed at: 48 Business Equity Utilization Form and Letter of Intent CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 105771 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.Ddf 3 4 Letter of Intent 5 httns://aDDs.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 6 2021.Ddf 8 Business Equity Good Faith Effort Form 9 httns://anus.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/Good Faith Effort 10 Form DVIN2022.Ddf 11 12 Business Equity Prime Contractor Waiver Form 13 httns://aDDs.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 14 Waiver-220313.Ddf 15 16 Business Equity Joint Venture Form 17 httr)s://aDDs.fortworthtexas.2ov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint 18 Venture 220225.Ddf 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 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 105771 Revised June 7, 2024 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on December 10, 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 R &A Legacy Construction, LLC, authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2025 CONCRETE RESTORATION CONTRACT 3 CITY PROJECT NUMBER 105771 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 SIX HUNDRED FORTY-ONE THOUSAND, FIVE HUNDRED TEN AND 00/100 DOLLARS ($641,510.00). 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 240 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 Fifty AND 00/100 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 105771 Revised March 3, 2024 00 52 43 - 2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Pr-equalifiea4iofrQtt't erne Ic 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. 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 svecificallv intended to overate and be effective even if it is alleged or proven that all or some of the damaLyes being sought were caused, in whole or in Dart, 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 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 105771 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 urovision is suecificalty intended to overate and be effective even if it is alleged or vroven that all or some of the damages being sought were caused, in whole or in Dart, by anv act, omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 105771 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 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 105771 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 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 105771 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: R& A Legacy Construction, LLC By: 4rok eduardo roman (Dec 12, 202411:51 CST) Signature eduardo roman (Printed Name) Managing member Title 1309 Glasgow Rd Address Fort Worth, Texas 76134 City/State/Zip Dec 12, 2024 Date City of Fort Worth By: ��s____, Jesica McEachern Assistant City Manager Dec 18, 2024 Date ,n9 d oFFour* ,e000 ,, o�,apa vFe °sdo Attest: a°$ =p Qma l� ..�k�yma_u dp4n nE4O 66pa Jannette Goodall, City Secretary (Seal) M&C: 24-1085 Date: 12/10/2024 Approved as to Form and Legality: Douglas Black (Dec 18, 202410:28 CST) Douglas W. Black Sr. Assistant City Attorney CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 3, 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 2025 CONCRETE RESTORATION CONTRACT 3 CITY PROJECT NO. 105771 006113-1 PERFORMANCEBOND Page 1 of 2 Bond #101254985 SECTION 00 6113 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, R&A Legacy Construction, LLC, known as "Principal" herein and Merchants Bonding Company , 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, SIX HUNDRED FORTY-ONE THOUSAND, FIVE HUNDRED TEN AND 00/100 DOLLARS ($641,510.00), 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 10'— day of December 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 CONCRETE RESTORATION CONTRACT 3, City Project No. 105771. 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 Worth Division. CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONIRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 105771 Revised December B, 2023 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 10th day of December 20 24 PRINCIPAL: R&A Legacy Construction, LLC Z_._ BY tSituie ATTEST. (Principal) Secretary Name and Title Address: 1309 Glasgow Rd Fort Worth, Texas 76134 Witness as to Principal SURETY: Merchants Bonding Company J _ Signature Name and Title Address: 9500 Arboretum Blvd Ste 100 i Austin, TX 78759 Witness as to Sur Telephone Number: (800) 252-9656 Email Address: infoOmerchantsbonding.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 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO.105771 Revised December 8, 2023 0061 14 - 1 PAYMENT BOND Page I oft SECTION 00 6114 Bond #101254985 PAYMENT BOND THE STATE OF TEXAS § JI § KNOW ALL BY THESE PRESENTS: CQUNTY OF TARRANT § That we, R&A Legacy Construction, LLC, known as "Principal' herein, and Merchants Bonding Company a corporate surety (sureties), 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 the State of Texas, known as "City" herein, in the pedal sum of SIX HUNDRED FORTY-ONE THOUSAND, FIVE HUNDRED TEN AND 00/100 DOLLARS ($641,510.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the 10 day of December 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 as defined by law, in the prosecution of the Work as provided for in said Contract and designated as 2025 CONCRETE RESTORATION CONTRACT 3, City Project No. 105771. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. 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 statute. CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECEICATIONDOCUMIIVTS CrrY PROJECT No. 105771 Revised December 8, 2023 J 00 61 14 - 2 PAYMENT BOND Page 2 of IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the _ Ott h _ day of December , Z0 24 ATTEST: (Principal) Secretary Witness as to Princina' PRINCIPAL: R&A Legacy Construction LLC BY: Signature Nate% and Title Address: 1309 Glasgow Rd Fort Worth, Texas 76134 SURETY: Merchants Bonding Company 3y. ature 0 40 &Z'� Name and Title Address: 9500 Arboretum Blvd Ste 100 Austin, TX 78759 Telephone Number: (800) 252-9656 Email Address: info@merchantsbonding.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 data of the bond shall not be Fmior to the date the c;oiitTSG1 is awarded. END OF SECTION CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CrTY PROJECT NO. 105771 Revised December 8, 2023 0061 19 - 1 MAMENANCE BOND Pagel of3 Bond # 1012549 85 SECTION 00 6119 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: C TY OF TARRANT § That we R&A Legacy Construction, LLC, known as "Principal" herein and Merchants Bonding Company , 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 the State of Texas, known as "City" herein, in the sum of SIX HUNDRED FORTY-ONE THOUSAND, FIVE HUNDRED TEN AND 00/100 DOLLARS ($641,510.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, 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 101—' day of December 2024, which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract and designated as 2025 CONCRETE RESTORATION CONTRACT 3, City Project No. 105771; and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period. CITY OF FORT WORTH 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 105771 Revised December B, 2023 006119-2 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 no 'iced defective Work, it is agreed that the City may cause any and all such defective Work to be aired 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 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT NO. 105771 Revised December 8, 2023 0061 19 - 3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 1 oth day of December , 2024 PRINCIPAL: R&A Legacy Construction LLC Signature ATTEST: (Principal) Secretary � re and Title Address: 1309 Glasgow Rd Fort Worth, Texas 76134 Witness as to Principal SURETY: Merchants Bonding Company N t BY: ,� = Signature Name and Ti e, '✓ Address: _9 Arboretum Blvd Ste 19Q_ ` f Austin TX 797G0 Telephone Number: (800) 252-9656 Email Address:inf merchantchonding cam *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 2O25 CONCRETE RESTORATION CONTRACT 3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROI&CT NO.105771 Revised December 8, 2023 MERCHANT74k BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Matthew Gonzales their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power -of -Attorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July 2024 ""1011, • ' - .... MERCHANTS BONDING COMPANY (MUTUAL) ` , . 0 (� �Q� �t .0 �jA. MERCHANTS NATIONAL BONDING, INC. A1 Nq . �'�POR';�0,•4rtPO,p'.9•� d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 2003 ,��; ��.1933 : By yv'•. '•`� ;rJ� =•6 �\a President STATE OF IOWA •.,,��• ��.+``� •`• _ , , , COUNTY OF DALLAS ss. On this 29th day of July 2024 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Perini Miller o 7 Commission Number 787952 • • My Commission Expires owP January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by Said Companies,which Is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal Of the G0111paNeS On INS day Of ,.• Pt�ON,q� •.,. ,• p�N�.���j •• q �0.O�pp�POq��?y�: �Y 'S '• 2003 :v `s• 1933 : C: Secretary """"""'.. POA 0018 (6/24) FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE:2025 CONCRETE RESTORATION CONTRACT 3 M&C: 24-1085 CPN: 105771 CSO: Date: 12/16/24 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 DM TPW Approver TPW-Signer Signed in Agiloft Legal -Approver - Legal -Signer ACM -Signer M CSCO-Approver R CSCO-Signer ,G T CSCO-Form Filler'd'L TPw DOCM Date Out 12/16/24 12/17/24 12/18/24 12/18/24 12/18/24 12/18/24 12/18/24 12/18/24 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: []YES ®No RUSH: []YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Re 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! FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2025 CONCRETE RESTORATION CONTRACT 3 M&C: CPN: 105771 CSO: DOC#: Date: 11 /27/24 To: Name Department Initials Date Out 1. Eduardo Roman Vendor -Signer E 12/12/24 2. Tariqul Islam TPW-Signer 12/12/24 3. Leonel Rios TPW-Review 12/13/24 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 TPWContracts(&,fortworthtexas.2ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! 0Bond Verification MM&C