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Home My WebLink AboutContract 62707-UF��T�� CONTRACT FOR THE CONSTRUCTION OF CSC No. 62707 2024 Paving Improvements Unit Price Construction Contract Various City Project Numbers 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 Department 2024 Kimley-Horn and Associates, Inc. TPBE Firm Registration No. F-928 801 Cherry Street, Unit 11, Suite 1300 Fort Worth, Texas 76102 817-335-6511 Scott R. Arnold, P.E. (#96782) ��8��@�� P.�EoOF TF�� * '� � o�° *��o ._ o � �oea0000000000000000000 *o � SCOTT R. ARNOLDoo� �� a00000000000a000 96782 = �� SS��ENS��G�� 07/24/2024 �� i��" i"P w� OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX �� C� Cit of FortWorth Y Standard Construction Specification Documents Adopted September 2011 00 00 00 TABLE OF CONTENTS Page 1 of 5 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 00 OS 10 Ma or and Council Communication 07/O1/2011 00 OS 15 Addenda 07/O1/2011 00 11 13 Invitation to Bidders 02/08/2024 00 21 13 Instructions to Bidders Ol/17/2024 00 35 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Pro osal Form Unit Price O1/20/2012 00 43 13 Bid Bond 09/11/2017 00 43 37 Vendor Com liance to State Law Nonresident Bidder 06/27/2011 00 45 11 Bidders Pre ualifications 08/13/2011 00 45 12 Pre ualification Statement 09/30/2021 nn nc i� noii�i�n�i vv-r�-r� vrn-r�2vzT 00 45 26 Contractor Com liance with Workers' Com ensation Law 07/Ol/2011 00 45 40 Business E ui Goal 06/07/2024 00 52 43 A reement 3/08/2024 00 61 13 Performance Bond 12/08/2023 00 61 14 Pa ment Bond 12/08/2023 00 61 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/Ol/2011 00 72 00 General Conditions 03/08/2024 00 73 00 Su lementar Conditions 03/08/2024 Division Ol - General Re uirements Last Revised O1 11 00 Summa of Work 12/20/2012 O1 25 00 Substitution Procedures 07/O1/2011 Ol 31 19 Preconstruction Meetin 08/17/2012 Ol 31 20 Pro�ect Meetin s 07/Ol/2011 Ol 32 16 Construction Schedule 10/06/2023 O1 32 33 Preconstruction Video 07/O1/2011 O1 33 00 Submittals 12/20/2012 Ol 35 13 S ecial Pro�ect Procedures 03/11/2022 Ol 45 23 Testin and Ins ection Services 03/09/2020 O1 50 00 Tem orary Facilities and Controls 07/O1/2011 O1 55 26 Street Use Permit and Modifications to Traffic Control 03/22/2021 O1 57 13 Storm Water Pollution Prevention Plan 07/O1/2011 Ol 58 13 Tem ora Pro�ect Si nage 07/Ol/2011 O1 60 00 Product Re uirements 03/09/2020 O1 66 00 Product Stora e and Handlin Re uirements 07/O1/2011 O1 70 00 Mobilization and Remobilization ll/22/2016 Ol 71 23 Construction Stakin and Surve 02/14/2018 Ol 74 23 Cleanin 07/Ol/2011 Ol 77 19 Closeout Re uirements 03/22/2021 O1 78 23 O eration and Maintenance Data 12/20/2012 O1 78 39 Pro'ect Record Documents 07/O1/2011 CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised June 7. 2024 00 00 00 TABLE OF CONTENTS Page 2 of 5 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents None Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: http:Ufortworthtexas.gov/tpw/contractors/ or https://apps.fortworthtexas.�ov/Proi ectResources/ Division 02 - Existin Conditions 02 41 13 Selective Site Demolition 02 41 14 Utilit Removal/Abandonment 02 41 15 Pavin� Removal Division 03 - Concrete Last Revised 03/11/2022 12/20/2012 02/02/2016 03 30 00 Cast-In-Place Concrete 03/11/2022 03 34 13 Controlled Low Stren th Material CLSM 12/20/2012 03 34 16 Concrete Base Material far Trench Re air 12/20/2012 9�-�9-98 , `' �''� Division 26 - Electrical Division 31- Earthwork 31 00 00 Site Clearin 03/22/2021 31 23 16 Unclassified Excavation O1/28/2013 31 23 23 Borrow O1/28/2013 31 24 00 Embankments O1/28/2013 31 25 00 Erosion and Sediment Control 04/29/2021 �-�--99 C�e�s , � �� 31 37 00 Ri ra 12/20/2012 Division 32 - Exterior Im rovements �� ni i� i�i�ni�ni� 7�TT TL'2o]"�C)'�z � 1 'i /��z �� ni �o i�i�nnni� 7-z-v-1-z� rcrcvrzvzz 32 11 23 Flexible Base Courses 12/20/2012 �� i i �n r;,�.o rr,-o.,�o,a �„�o n,.,,,-�o., i �i�ni�ni � �-z--r-r L7 r�-=vravzz �'l�� (�'o.v,o,-.+ T,-o.,+o.a R.,�o !-'..,,,-�o� !l�/lvvrrv�zvzz 2'l�T !14 /�� 32 12 16 As halt Pavin 6/07/2024 �� i� �� i�i�ni�ni� �-z--rz-�� rcrcvrzmz 32 13 13 Concrete Pavin 06/10/2022 CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised June 7. 2024 00 00 00 TABLE OF CONTENTS Page 3 of 5 32 13 20 Concrete Sidewalks, Drivewa s and Barrier Free Ram s 12/09/2022 ��,�� ,�� 2 7�0 1 '� /7rc�-�m�cv iz 32 16 13 Concrete Curb and Gutters and Valle Gutters 12/09/2022 32 17 23 Pavement Markin s 06/10/2022 � �� n ��i�T� 32 31 13 Chain Fences and Gates 12/20/2012 32 31 26 Wire Fences and Gates 12/20/2012 32 31 29 Wood Fences and Gates 12/20/2012 32 32 13 Cast-in-Place Concrete Retainin Walls 06/05/2018 32 91 19 To soil Placement and Finishin of Roadwa Ri ht-of-wa s 03/11/2022 32 92 13 Soddin 05/13/2021 32 92 14 Non-Native Seedin OS/13/2021 z� a� ic inin�i�m� �� i'vrvvl-�a� 32 93 43 Trees and Shrubs 12/20/2012 Division 33 - Utilities � ��o �� ni �i n�ii i i�m� �--�T �,-m-�� i� 2 2�0 1 '� /7rcrsv�cviz 2 2�0 1 '� /7�z 22�T (�..,-,-..�;..«. (�..,�.4,-..1 To�4 C�4.,4;..«.� i%'r�'i.�rt �� nn i� i�i�ni�ni� T✓--v�ra r�-zvravzz � ��o n� ino ��T � ��no m ino ti�� o n�iio ��i 22�v vTr��z�� Z f � �� nc i� i�i�ni�ni� 7Tv�-TL r�-zvravzz �� nc i � noinoi�m� T✓--v�-z� , m7v�rz-v�,z 33 OS 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade ��o r�„r,,..o�o �x�.,�o.. ��.,,,i�� i �i�� n�� r�„r,,..o�o r,.ii.,,-� n�iio '�-,-- ��i 22 nc �n i�i�nnni� �--�-zo � 22 nc �i rr„��oi r;ro,-ni,,.o i�i�ni�ni� �--v�-zT �zrzvrz-v-�z �� nc �� i�i�ni�ni� �--�-zz �o rs �� nc �� i�i�ni�ni� T✓--v�-a� r�-avrzv-rc �� nc �n i�inonm� T✓--v�-zT �z 2 2��0 1 '� /7�z 2� nc �n i �i�ni�ni � �--�-�o �� S �.r„+� ., � a r_., S�e�s i � i�� > > 33 11 10 Ductile Iron Pi e 12/09/2022 33 11 11 Ductile Iron Fittin s 09/20/2017 33 11 12 Polyvin 1 Chloride (PVC) Pressure Pi e 09/09/2022 � �� > > �� ii in i�i�ni�ni� � J—r-r-rT r�-avravzz 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 �� i� ii i�i�ni�ni� � J—rz--rT �znvrzmz 33 12 20 Resilient Seated Gate Valve OS/06/2015 CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised June 7. 2024 00 00 00 TABLE OF CONTENTS Page 4 of 5 � ��T nn i�� 33 12 25 Connection to Existin Water Mains 02/06/2013 22 i� 2n i�i�nnni� �✓v �zrzvrrmz 33 12 40 Fire H drants O1/03/2014 ��o , � �� no n�ii�� 33 31 12 Cured in Place Pi e CIPP 12/20/2012 �� i�i�� z�� 33 31 20 Polyvin 1 Chloride (PVC Gravit Sanita Sewer Pipe 09/09/2022 v„i... :..i r�.i,,..;ao invr� ri„�oa n,-,.f:io r,-.,,.:�., c.,r;+,,,-., co.. o z 2�T � ��?�n� 2 2�i 1 '� /��z �� 17/7�z � ��✓-�i-✓v vTrz��%�T� � ��0 1 '� /7rc�-�m�cv iz 33 39 10 Cast-in-Place Concrete Manholes 12/20/2012 33 39 20 Precast Concrete Manholes 12/20/2012 �� n �n i�i�ni�ni� �v r�-zvravzz � ��0 1 7 /7r�-zvi�viz 22 2a �n r; ��,- c.,,,;r.,,-., co.:,o,- cr,-,,,.�,,,-o� nn i�oi�m i �-�--oo � 33 41 10 Reinforced Concrete Storm Sewer Pi e/Culverts 07/O1/2011 33 41 11 Hi h Densi Pol eth lene HDPE Pi e for Storm Drain 12/20/2012 � ��z n��T� �� n�ii� � i�i�� T n� ino ��T zz �Iti m rr,-o.,,.t, r�,-.,;.,� n�ini i�ni i �--Tv-vz v-n�rri.�rr 33 49 10 Cast-in-Place Manholes and Junction Boxes 12/20/2012 �� n� �n n�ii i i�m� T,�o � 33 49 40 Storm Draina e Headwalls and Win walls 07/O1/2011 Appendix CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised June 7. 2024 00 00 00 TABLE OF CONTENTS Page 5 of 5 . �. . �. GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates rr � n� no,-.�,;.� .,�a rr.;i:.;o� ('�C—��24 �.r„r,a;.,e�i=��t�en �� ni tin nn n..,,a,,,,� no,,,,;,-o..,o�.� END OF SECTION CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised June 7. 2024 City of Fort Worth, Mayor and DATE: 12/10/24 Texas Council Communication M&C FILE NUMBER: M&C 24-1081 LOG NAME: 202024 PAVING IMPROVEMENTS UNIT PRICE CONSTRUCTION CONTRACT SUBJECT (ALL) Authorize Execution of a Unit Price Contract with The Fain Group, Inc. in the Amount of $3,000,000.00 for Task Order Construction Services for the Installation of Projects Relating to Paving Improvements at Various Locations (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of a unit price contract with The Fain Group, Inc. in the amount of $3,000,000.00 for task order construction services for installing paving improvements on an as-needed basis, with up to one renewal. DISCUSSION: The purpose of this Mayor Council Communication (M&C) is to authorize execution of a unit price contract with The Fain Group, Inc. This contract will provide construction services on an as-needed (task order) basis for the construction of capital projects relating to paving improvements at various locations across the City. The contract amount is capped at $3,000,000.00. This contract may be renewed up to one (1) additional term based on the expiration or complete programming of contract funds under the same terms, conditions, and unit prices. The project was bid in a low bid format to determine unit prices to be paid when task orders are issued. The project was advertised for bid on August 15 and August 22, 2024. On September 12, 2024, the following bid was received: I Bidder � The Fain Group, Inc. Bid Amount $2,364,351.32 The unit prices were compared to those of similar projects and determined to be fair and competitive. Task orders will be paid at the established unit prices. Projects initially identified include: The Fort Worth & Western Railroad (FWWR) at Mistletoe Group Quiet Zones railroad crossings project (City Project No. 101863), the Union Pacific Railroad (UPRR) at Kellis Group Quiet Zones project (City Project No. 101866), and other projects as they are identified. These task order contracts will serve current and future capital projects as needed, and a funds availability verification will be performed by Transportation & Public Works Contract Compliance Managers prior to task order assignment. The Business Equity Division placed a 13% business equity goal on this solicitation/contract. The Fain Group, Inc., has agreed/committed to utilize 13% 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. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as appropriated, in the 2018 Bond Program Fund and various capital project funds to support the approval of the recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office bk Jesica McEachern 5804 Originating Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 000515-1 ADDENDA Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 SECTION 00 OS 15 ADDENDA END OF SECTION CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised July 1, 2011 000sis-� ADDENDA Page I of 1 CITY OF FORT WORTH, TEXAS Transportation and Public Works 2024 Paving Improvements Unit Price Construction Contract Various City Project Numbers ADDENDUM NO. 1 ADDENDUM RELEASE DATE: August 29, 2024 BID RECEIPT DATE: September 12, 2024 INFORMATION TO BIDDERS: This Addendum forms part of the Plans, Contract Documents & 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 the 2024 Paving Improvements Unit Price Construction Contract, Various City Project Numbers are hereby revised by Addendum No. 1 as fol lows: 1. Questions A question was submitted online via Bonfire: Q: What is the engineer's estimate for this project? A: There is no engineer's estimate available for this project. This contract intends to establish unit prices to be used for project-specific task orders, which have yet to be designed. This Addendum No. 1 forms part of the Specifications & Contract Documents for the above- referenced project and modifies the original Project Manual & Contract Documents of the same. Acknowledge your receipt of Addendum No. 1 by completing the requested information in the space provided in Section 00 41 00, Bid Form, page 3 of 3. A signed copy of Addendum No. 1 should be included in the 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. RECEIPT ACKNOWLEDGED: By: / ' i La raz' r, President co � any: T e Fain Group, Inc. FNGI"N httoN By: Fanta Kaba, P.E., PTOE Senior Professional Engineer Transportation and Public Works END OF SECTION CITY OF FOR'i WORTH 2O24 Paving LnprovemenLs Unit Price Construclion Contracl STANDARD CONSTRUCTION SPECIFiCATION DOCUMENTS Vlrious City Projcct Numbcrs Revised July l, 201 I OOOSli-1 ADDENDA Page I of 2 CITY OF FORT WORTH, TEXAS Transportation and Public Works 2024 Paving Improvements Unit Price Construction Contract Various City Project Numbers ADDENDUM NO. 2 ADDENDUM RELEASE DATE: September 4, 2024 BID RECEIPT DATE: September 12, 2024 INFORMATION TO BIDDERS: This Addendum forms part of the Plans, Contract Documents & 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 the 2024 Paving Improvements Unit Price Construction Contract, Various City Project Numbers are hereby revised by Addendum No. 2 as fol lows: 1. Questions A question was submitted online via Bonfire: Q: Can the bid form be modified to use the quantity range, or at least the high end of the quantity range as the bid quantity? With a quantity of 1 for each item the unit prices will be significantly higher on the basis of spreading general conditions to a quantity of 1 SF as opposed to a quantity of say 500 SF. A: The bid form cannot be modified. The unit price for a particular bid item should be the unit price for a quantity of that item falling within the specific range. For instance, the unit price for "Remove Fence" for the quantity range of 51 — 150 LF should be the unit price for a project that includes fence removal with a total quantity anywhere between 51 LF and 150 LF. The bid quantity of "1" for the item is merely used to establish and compare unit prices. This Addendum No. 2 forms part of the Specifications & Contract Documents for the above- referenced project and modifies the original Project Manual & Contract Documents of the same. Acknowledge your receipt of Addendum No. 2 by completing the requested information in the space provided in Section 00 41 00, Bid Form, page 3 of 3. CITY OF FORT WORTH 2O24 Paving Improvemenls Unit Price ConsWction Conlracl STANDARD CONSTRUCTION SPGCIFICATION DOCUMENTS Various City Projcct Nnmbcrs Revised July I, 201 I 000515-2 ADDENDA Pagc 2 of 2 A signed copy of Addendum No. 2 should be included in the sealed bid at the time of bid submittal. Failure to acknowledge the receipt of Addendum No. 2 could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. RECEIPT ACKAa,OWLEDGED: �� ti By: � By: L raz r, Presi ent Fanta Kaba, P.E., PTOE �%� Senior Professional Engineer Compa y: TH'e Fain Group, InC. Transportation and Public Works END OF SECTION CITY OF FORT WORTH 2O24 Paving Improvemenls Unit Price ConsWetion Conlract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Varioos City Projcct Numbcrs Revised July I, 201 I 00 ll 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of 2024 Paving Improvements Unit Price Construction Contract, Various City Project Numbers ("Project") will be received by the City of Fort Worth via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities, under the respective Project unti12:00 P.M. CST, Thursday, September 12, 2024. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST at the Fort Worth City Ha11,100 Fort Worth Trail, Fort Worth, Texas, 7th Floor, Room 745. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: https://fortworthtexas.bonfirehub.com/portal/?tab—openO�portunities 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 CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Various City Project Numbers Revised 2/08/24 00 ll 13 INVITATION TO BIDDERS Page 2 of 3 Contact the Bonfire support team at Support@GoBonfi►-e.com or by calling 1-800-354-8010. To get started with Bonfire, watch this five-minute training video: Vendor Registration and Submission [VIDEO] — Bonfire Vendor Support (gobonfire.com) GENERAL DESCRIPTION OF WORK This contract is a unit price construction contract where the City will issue work orders for specific projects. The major work will consist of the following. minor intersection roadway improvements, curb and gutter, medians, pavement marking and signing, railroad safety improvements, concrete sidewalk, and curb ramps. The purpose of this invitation to bidders is to set unit prices and the City's contract budget may be less than the bid amounts, therefore, the Ciry is not obligated to award a contract for the full bid amount. PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre-qualified by the City at the time of bid opening. The procedures for qualification and pre-qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openO�ortunities, 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=openO�portunities, under the respective Proj ect. PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: Tuesday, September 3, 2024 TIME: 10:00 AM, CST Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement Portal. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Various City Project Numbers Revised 2/08/24 00 ll 13 INVITATION TO BIDDERS Page 3 of 3 f�wf�RD City may award contracts to more than one qualified bidder, lowest to highest, but is not required to award to any bidders. RENEWALS This Contract may be renewed up to one (1) additional term at the earlier of the expiration of contract funds or contract time under the same terms, conditions, and unit prices. FUNDING Any Contracts awarded under this INVITATION TO BIDDERS are expected to be funded from revenues generated from bonds and reserved by the City for the Project. ADVERTISEMENT DATES Thursday, August 15, 2024 Thursday, August 22, 2024 END OF SECTION CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Various City Project Numbers Revised 2/08/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 1 of 9 SECTION 00 21 13 1NSTRUCTIONS TO BIDDERS 1. Defined Terms 11. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making electronic Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre-qualification, must submit the documentation identiiied in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: https://a�ps.fortworthtexas. og v/ProjectResources/ CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Conshucrion Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Various City Project Numbers Revised/Updated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.1.1. Paving — Requirements document located at: https://a�s.fortworthtexas. ov/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Paving %20Contractor%20Prequalification%20Pro gram/PREQUALIFICATION%20REQ UIREMENTS%20FOR%20PAVING%2000NTRACTORS.t�df 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: https://a�ps.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/TPW%20Roadwa y%20and%20Pedestrian%20Lighting%20Prequaliiication%20Pro�ram/STREET% 20LIGHT%20PREQUAL%20REQMNTS.pdf 3.1.3. Water and Sanitary Sewer — Requirements document located at: https://a�ps.fortworthtexas. og v/ProjectResources/ResourcesP/02%20- %20Construction%20Documents/Contractor%20Prequalification/Water%20and%2 OSanitary%20Sewer%20Contractor%20Prequalification%20Pro�ram/WSS%20�re qual%20requirements.pdf 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre-qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non-responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 3.5. OMITTED. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Conshucrion Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Various City Project Numbers Revised/Updated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 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. 41.2. 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. 41.3. 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 a1L• (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the Ciry 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. CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Conshucrion Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Various City Project Numbers Revised/Updated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 41.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.1.10. Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4.Standard insurance requirements, coverages and limits. 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 througb 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. CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Conshucrion Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Various City Project Numbers Revised/Updated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 53. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City electrically through the Vendor Discussions section under the respective Project via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3 .� Addenda or clarifications shall be posted under the respective Project via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openO�portunities 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. CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Conshucrion Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Various City Project Numbers Revised/Updated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 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 wi11 not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.OSA., 6.OSB. and 6.OSC. of the General Conditions and is supplemented in Section O1 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 111. 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. CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Conshucrion Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Various City Project Numbers Revised/Updated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed electronically or signed in ink and scan. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The off'icial 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 firtn by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. 12.7. 12.8. 12.9. Bids by individuals shall show the Bidder's name and official address. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. All names shall be typed or printed in ink below the signature. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be fi11ed 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 CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Conshucrion Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Various City Project Numbers Revised/Updated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 141. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal https://fortworthtexas.bonfirehub.com/portal/?tab=openO�portunities. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reseroes 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 ar 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 iinancial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Wark in accordance with the Contract Documents to City's satisfaction within the prescribed time. CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Conshucrion Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Various City Project Numbers Revised/Updated 1/17/24 00 21 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 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. 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 https://www.ethics.state.tx.us/data/forms/1295/1295.pdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Conshucrion Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Various City Project Numbers Revised/Updated 1/17/24 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.bc.us) https://www. eth ics. state.tx. us/datalforms/conflict/C I S. pdf � ❑ ❑ 0 ❑ ❑ BIDDER: CIQ Form does not apply CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary CIS Form does not apply CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary The Fain Group, Inc. By: Lar Frazier Signature: Titl�': President / END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 Paving Improvements Unit Price Construction Contract Revised February 24, 2020 Various City Project Numbers 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR City Project No.: 2024 Paving Improvements Unit Price Construction Contract Various City Project Numbers Units/Sections: Unit 1- General Requirements Unit 2 - Existing Conditions Unit 3 - Earthwork Unit 4 - Exterior Improvements Unit 5 - Utilities Unit 6 - Transportation Unit 7 - Non-Standard Items Unit 8 - TxDOT Items 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a pubiic official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATtON DOCUMENTS 2024 Paving Improvements Unit Price Construction Contract Revised 9/30I2021 Various Cfty Project Numbers 00 41 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directiy or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) b. Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards) c. Water Transmission, Urban/Renewal, 24-inches and smaller d. Sewer Collection System, Urban/Renewal, 12-inches and smaller e. Sewer Interceptors, Urban/Renewal, 24-inches and smaller 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within the number of days specified in each task order. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work �and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 "If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 Paving Improvements Unit Price Construction Contract Revised 9/30/2021 Various City Project Numbers 00 41 00 BID FORM Page 3 of 3 subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Total Base Bid $ 7. Bid Submittal This Bid is submitted on 09/12/2024 Respectfully submitted, By: / � / ( �gna ur ) � Larry Frazier (Printed Name) by the entity named below. Receipt is acknowledged of the Initial following Addenda: Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Titie: President company: The Fain Group, Inc. Corporate Seal: address: 2500 Great Southwest Pkwy. Fort Worth, TX 76106 State of Incorporation: T2XaS Emaii: Ifrazier@faingp.com Phone: 817-927-4388 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 Paving Improvements Unit Price Construction Contract Revised 9/30/2021 Various City Project Numbers SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID BIDDER'S APPLICATION PROJECT ITEM INFORMATION BIDDER'S PROPOSAL BID Specification Unit of Quantity � ITEM Description Section No. Measu RangelE Quanti Uni[ Price Bid Value UNIT 1 - General Requirements 1 0135.0101 Railroad Coordination 01 35 13 LS 1 1 $14,851.49 $14,851.49 2 0135.0102 RailroadFlagmen 013513 WD 15 1 $2,37624 $2,37624 BASE BID - UNIT 1- General Requiremen[s $17,227.73 UNIT 2 - Existing Conditions 3 0241.0100 RemoveSidewalk 024113 SF 1-100 1 $15.53 $15.53 101-500 1 $14.71 $14.71 501+ 1 $12.90 $12.90 4 0241.0300 RemoveADARamp 024113 EA 25 1 $2,103.06 $2,103.06 5 0241.0301 Remove Detectable Warning Surface 02 41 13 EA 10 1 $519.81 $519.81 6 0241.0401 Remove Concrete Drive 02 41 13 SF 1-100 1 $18.04 $18.04 101-500 1 $16.62 $16.62 501+ 1 $16.62 $16.62 7 0241.0402 Remove Asphalt Drive 02 41 13 SF 100 1 $9.81 $9.81 8 0241.0500 RemoveFence 024113 LF 1-50 1 $18.77 $18.77 51-100 1 $16.96 $16.96 101+ 1 $16.96 $16.96 9 0241A550 RemoveGuardrail 024113 LF 1-W 1 $62.16 $62.16 51-150 1 $55.29 $55.29 151+ 1 $55.29 $55.29 10 0241.0600 Remove Wall <4' 0241 13 LF 1-10 1 $121.20 $121.20 11-30 1 $63.20 $63.20 31+ 1 $63.20 $63.20 11 0241.0700 RemoveMailbox 024113 EA 10 1 $542.05 $542.05 12 0241.0701 Remove Multiple User Mailbox 02 41 13 EA 10 1 $813.09 $813.09 13 0241.0702 Relocate Mailbox - Traditional 02 41 13 EA 10 1 $1,202.88 $1,202.88 14 0241.0703 Relocate Mailbox - Brick 02 41 13 EA 10 1 $1J82.18 $1J82.18 15 0241.0704 Remove and Replace Mailbox - Traditional 02 41 13 EA 10 1 $2,426.36 $2,426.36 16 0241.0705 Remove and Replace Mailbox - Brick 02 41 13 EA 10 1 $4,49072 $4,49072 17 0241.0800 Remove Rip Rap 02 41 13 SF 100 1 $34.37 $34.37 18 0241.0900 Remove Misc Conc Structure 02 41 13 LS 10 1 $3,851.19 $3,851.19 1-100 1 $160.88 $160.88 101-500 1 $120.98 $120.98 19 0241.1000 Remove Conc Pvmt 02 41 15 SY 501-1000 1 $120.98 $120.98 1001+ 1 $120.98 $120.98 20 0241.1001 WaterLineGmuting 024114 CY 100 1 $561.68 $561.68 21 0241.1011 Remove4"WaterLine 024114 LF 1-150 1 $110.12 $110.12 151+ 1 $110.12 $110.12 22 0241.1012 Remove6"WaterLine 024114 LF 1-150 1 $126.48 $126.48 151+ 1 $126.48 $12648 23 0241.1013 Remove 8" Water Line 02 41 14 LF 1-1 W 1 $135.80 $135.80 151+ 1 $135.80 $135.80 24 0241.1014 Remove 10" Water Line 0241 14 LF 1-W 1 $14427 $14427 51-150 1 $144.27 $144.27 151+ 1 $14427 $14427 25 0241.1015 Remove 12" Water Line 0241 14 LF bW 1 $178.11 $178.11 51-1W 1 $178.11 $178.11 151+ 1 $178.11 $178.11 1-100 1 $36.16 $36.16 101-500 1 $31.40 $31.40 26 0241.1100 Remove Asphalt Pvmt 02 41 15 SY 501-1000 1 $28.38 $28.38 1001+ 1 $26.59 $26.59 27 0241.iN84"-12"PressurePlug 024114 EA 5 1 $3,19474 $3,19474 28 0241.1218 4"-12" WaterAbandonmentPlug 024114 EA 10 1 $4,077.93 $4,077.93 29 0241.1300 RemoveConcCurb&Gutter 024115 LF 1-100 1 $24.02 $24.02 101-500 1 $21.54 $21.54 501+ 1 $21.54 $21.54 30 0241.1301 Remove4"WaterValve 024114 EA 10 1 $2,925.77 $2,925.77 31 0241.1302 Remove6"WaterValve 024114 EA 10 1 $4,358.08 $4,358.08 32 0241.1303 Remove8"WaterValve 024114 EA 10 1 $4,358.08 $4,358.08 33 0241.1400 Remove Conc Valley Gutter 02 41 15 SY W 1 $93.41 $93.41 34 0241.1401 Abandon 4" Water Valve 02 41 14 EA 10 1 $1,896.14 $1,896.14 35 0241.1402 Abandon 6" Water Valve 02 41 14 EA 10 1 $1,896.14 $1,896.14 36 0241.1403 Abandon 8" Water Valve 02 41 14 EA 10 1 $1,896.14 $1,896.14 37 0241.1506 2" Surface Milling 02 41 15 SY 1-500 1 $11.88 $11.88 501-1000 1 $11.88 $11.88 1001+ 1 $11.88 $11.88 38 0241.1507 3" Surface Milling 02 41 15 SY 500 1 $16.34 $16.34 39 0241.1508 4" Surface Milling 02 41 15 SY 500 1 $16.34 $16.34 40 0241.1510 Salvage Fire Hydrant 02 41 14 EA 5 1 $2,201.88 $2,201.88 41 0241.1511 Salvage 3l4" Water Meter 02 41 14 EA 5 1 $1,499.15 $1,499.15 42 0241.1512 Salvage 1" Water Meter 0241 14 EA 5 1 $1,499.15 $1,499.15 UNIT 4 - Exterior Improvements 117 3211.0112 6" Rexible Base, Type A, GR-1 32 11 23 SY 1-100 1 $3127 $3127 101-1000 1 $27.90 $27.90 1001+ 1 $26.09 $26.09 118 3211.0113 8" Flexible Base, Type A, GR-1 32 11 23 SY 1-100 1 $33.17 $33.17 101-1000 1 $31.37 $31.37 1001+ 1 $30.91 $30.91 119 3211.0114 10" Flexible Base, Type A, GR-1 32 11 23 SY 100 1 $40.98 $40.98 120 3211.0115 12" Flexible Base, Type A, GR-1 32 11 23 SY 100 1 $47.93 $47.93 121 3211.0121 4" Flexible Base, Type A, GR-2 32 11 23 SY 100 1 $3127 $3127 122 3211.0122 6" Rexible Base, Type A, GR-2 32 11 23 SY 100 1 $3127 $3127 123 3211.0123 8" Flexible Base, Type A, GR-2 32 11 23 SY 100 1 $33.17 $33.17 124 3211.0124 10" Flexible Base, Type A, GR-2 32 11 23 SY 100 1 $40.98 $40.98 125 3211.0125 12" Flexible Base, Type A, GR-2 32 11 23 SY 100 1 $47.93 $47.93 126 3212.0302 2" Asphalt Pvmt Type D 32 12 16 SY 2000 1 $50.49 $50.49 127 3212.0303 3" Asphalt Pvmt Type D 32 12 16 SY 2000 1 $73.52 $73.52 128 3212.0304 4" Asphalt Pvmt Type D 32 12 16 SY 2000 1 $81.68 $81.68 129 3212.0401 HMAC Transition 32 12 16 TN 60 1 $460.40 $460.40 130 3212.0501 4" Asphalt Base Type B 32 12 16 SY 2000 1 $66.83 $66.83 131 3212.0502 5" Asphalt Base Type B 32 12 16 SY 2000 1 $7722 $77.22 132 3212.0503 6" Asphalt Base Type B 32 12 16 SY 2000 1 $103.96 $103.96 133 3212.0504 7" Asphalt Base Type B 32 12 16 SY 2000 1 $81.68 $81.68 134 3212.0505 8" Asphalt Base Type B 32 12 16 SY 2000 1 $111.38 $111.38 135 3213.0101 6" Canc Pvmt 32 13 13 SY 1-100 1 $138.92 $138.92 101-1000 1 $13325 $133.25 1001+ 1 $13325 $133.25 136 3213.0102 7" Canc Pvmt 32 13 13 SY 1-100 1 $156.58 $156.58 101-1000 1 $146.08 $146.08 1001+ 1 $146.08 $146.08 137 3213.0103 8" Canc Pvmt 32 13 13 SY 1-100 1 $168]6 $16876 101-1000 1 $163.09 $163.09 1001+ 1 $163.09 $163.09 138 3213.0104 9" Canc Pvmt 32 13 13 SY 1-100 1 $180.48 $180.48 101-1000 1 $174.80 $174.80 1001+ 1 $174.80 $174.80 139 3213.0105 10" Conc Pvmt 32 13 13 SY 1-100 1 $20373 $203.73 101-1000 1 $19722 $197.22 1001+ 1 $190.81 $190.81 140 3213.0106 11" Conc Pvmt 32 13 13 SY 1-100 1 $220.71 $220.71 101-1000 1 $217.17 $217.17 1001+ 1 $210.75 $210.75 141 3213.0107 12" Conc Pvmt 32 13 13 SY 1-100 1 $223.68 $223.68 101-1000 1 $217.17 $217.17 1001+ 1 $210.75 $210.75 142 3213A201 6" Canc Pvmt HES 32 13 13 SY 1-100 1 $15824 $15824 101-1000 1 $152.52 $152.52 1001+ 1 $146.84 $146.84 143 3213A202 7" Canc Pvmt HES 32 13 13 SY 1-100 1 $179.83 $179.83 101-1000 1 $174.10 $174.10 1001+ 1 $168.43 $168.43 144 3213A203 8" Canc Pvmt HES 32 13 13 SY 1-100 1 $189.64 $189.64 101-1000 1 $188.84 $188.84 1001+ 1 $183.16 $183.16 145 3213A204 9" Canc Pvmt HES 32 13 13 SY 1-100 1 $203.91 $203.91 101-1000 1 $192.42 $192.42 1001+ 1 $192.51 $192.51 146 3213A205 10" Conc Pvmt HES 32 13 13 SY 1-100 1 $225.39 $225.39 101-1000 1 $218.88 $218.88 1001+ 1 $212.47 $212.47 147 3213A206 11" Conc Pvmt HES 32 13 13 SY 1-100 1 $231.69 $231.69 101-1000 1 $225.19 $225.19 1001+ 1 $218.78 $218.78 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID BIDDER'S APPLICATION PROJECT ITEM INFORMATION BIDDER'S PROPOSAL TOTAL BASE BID $ 2,364,351.32 00 43 13 BID BOND Page 1 of 2 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, The Fain Group, Inc. , known as "Bidder" herein and West[ield Insurance Company a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5°/a) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 2024 Paving Improvements Unit Price Construction Contract NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 12th day of September , 2024. ATTEST: , �� Witness as to Principal " CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 PRINCIPAL: The Pain Group, Inc. BY: ig � ure I_Q.:rr� Frazi�er, P�esi dent -rName and Title 2024 Paving Improvements Unit Price Conslruction Contrect Various Cily Project Numbers '�I �1 t Wltness as o Su�ety Jessic Almaguer, Client Manager Attach Power of Attorney (Surety) for Attorney-in-Fact 00 43 13 BID BOND Page 2 of 2 Address: P O Box 164308 Port Worth. TX 76161 SURETY: Westfield�a urance ompany � J BY: `'� igriature Joh�Moss, Atto��ey-in-Fact Name and Title � Address: 2255 Ridge Road, Ste. 333 Rockwall, TX 75087 Telephone Number: 972-772-7220 `Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 2024 Paving Improvemenls Unit Price Construclion Coniract Revised 9/30/2021 Various City Project Numbers IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE To obtain information or make a complaint: 2. You may contact your agent. AVISO IMPORTANTE Para obtener informacion o para someter una queja: Puede comunicarse con su (title) al (telephone number). 3. You may call Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's toll-free telephone number for information or to make a complaint at: 1-800-243-0210 4. You may also write to Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company at: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 5. You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 6. You may write to the Texas Department of Insurance, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection(a�tdi.texas.qov 7. PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent, WestField Insurance Company, Westfield National Insurance Company, or Ohio Farmers Insurance Company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. 8. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Usted puede Ilamar al numero de telefono gratis de Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company's para informacion o para someter una queja al: 1-800-243-0210 Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company: Attn: Bond Claims One Park Circle P O Box 5001 Westfield Center, OH 44251-5001 Fax #330-887-0840 Puede comunicarse con el Departamento de Sequros de Texas para obtener informacion acerca de companies, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas, Consumer Protection Section (MC 111-1A): P.O. Box 149091 Austin, TX 78714-9091 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection(a�tdi.texas.yov DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el agente, Westfield Insurance Company, Westfield National Insurance Company, o Ohio Farmers Insurance Company primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TDI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. BD5430 (06-15) THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO OS/25/22, FOR ANY PERSON OR PERSONS NAMED BELOW. General Power of Attorney CERTIFIED COPY POWER NO. 4220012 14 Westfield Insurance Co. Westfield National Insurance Co. �hio Farmers Insurance Co. Westfield Center, Ohio Know AJI Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a"Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio, and having its principal office in Westfield Center, Medina County, Ohio, do by these presents make, constitute and appoint TONY FIERRO, JOHNNY MOSS, JAY JORDAN, MISTIE BECK, JEREMY BARNETT, JADE PORTER, ROBERT G. KANUTH, JARRETT WILLSON, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship in any penal limit. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE, OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President, sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President, any Senior Executive, any Secretary or any Fidelity & Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved, that the signature of any such designated person and the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surery Leader and Senior Executive and their corporate seals to be hereto affixed this 25th day of MAY A.D., 2022 . . �114lNI� IIiI/IIi corporate p.••agy}�,��•, ,,••:��nNq�'��••, '•�NSU WESTFIELD INSURANCE COMPANY sea�s �rQ� . •• •..,�'fi:'s; ;, ��F,.••�'• ._�,pG,: .•':O,S . . Rl�jy�-, WESTFIELD NATIONAL INSURANCE COMPANY Affixed=��+;'� .'�', :=o;� ; O;' -, z:' :s�?H�TE •.E`�� OHIO FARMERS INSURANCE COMPANY : y«�Y 3� �: c -••. ` �f0'i�a l ' N' �M� %'1i �g � cn �, JE� : m = :o: ;'�v = f ! . �--- _. �7j�'.,,. "°` ,rir$.l "'�' .'p ' ��, 1848 :! _' / , � _ ..__....__...,. `'.� e..r�' � 9 .... •4 .��._.,..�- �`.- ��4�tnNa�� ..#.. � �� .� � j 1 State of Ohio '"""' '' BY� � t' County of Medina ss.: Gary W.E tumper, NationatSurety Leader and Senior Executive On this 25th day of MAY A.D., 2022 , before me personally came Gary W. Stumper to me known, who, being by me duly sworn, did depose and say, that he resides in Medina, OH; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, the companies described in and which executed the above instrument; that he knows the seals of said Companies; that the seals affixed to said instrument are such corporate seals; that they were so affixed by order of the Boards of Directors of said Companies; and that he signed his name thereto by like order. Noiarial Seal Affixed State of Ohio County of Medina ss.: ��P�\��%/j .,F9' 2i�:'I► =' r � :. � � '� �� 9re oF °, �� David A. Kotnik, Attorney at Law, Notary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code) I, Frank A. Carrino, Secretary of WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect; and furthermore, the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect. In Witness Whereof, I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this 12th day of September A.D., 2024 . .1 ��.. ..�.,, �„� � � � �, ., ,o•�asuf�q,�c•,,, �,.,•"�,nN�c i�;••, �Or• .$�s , aa.,..........pG,' �v• � �d� :o:' .•.v` (� :� -`�- ��' :-� "`: SEAL �`�: J�� Ja g � c~n� �m= �'1�,� �. /7°° �rf��,}g " y'• * •'O c `"�4.��«.a�"" , ,��,,., ��„�,,,. ,��NSUR,�;�� _� � �NI►RTFRE� : 3 3 ��:, 1848 ;�� : ' 4 • •..iiuu.a„'�4 � �� 1.A..�,rQ Secnet�ry Frank A. Carrino, Secretary BPOAC2 (combined) (03-22) Rios, Leonel From: Sent: To: Subject: Muni Rabah <Muni.Rabah@baldwin.com> Friday, January 10, 2025 4:14 PM Rios, Leonel RE: Bond #446313X Verification-The Fain Group, Inc. This email is from an unknown sender This is the first time you are receiving an email from this sender. Report Suspicious Yes please accept this email as verification of Bond # 446313X issued to the Fain Group, Inc being valid and in force and effective 1.3.25 to Obli�ee - City of Fort Worth , contract date 12.10.24 on project 2024 Pavin� Improvements Unit Price Construction Contract, Various City Proiect Numbers in the amount of $3,000,000.00, written by Westfield Insurance Company Thanks! J The '� Baldwin . � Group Muni Rabah Client Experience Leader, Surety O: 972-771-4071 D: 972-772-7263 Muni.Rabah@baldwin.com K&S Insurance is now The Baldwin Group. Click here to learn more. Send your certificate requests to certs@kandsins.com Click here to make an online payment. From: Rios, Leonel <Leonel.Rios@fortworthtexas.gov> Sent: Thursday, January 9, 2025 11:29 AM To: Muni Rabah <Muni.Rabah@baldwin.com> Subject: Bond #446313X Verification-The Fain Group, Inc. CAUTION: External Message. Beware any links or attachments Good morning, The City of Fort Worth requires bond verification before a contract can be executed. we have received the following bonds from The Fain Group, Inc.: Bond #446313X, in the amount of $3,000,000.00, issued by Westfield Insurance Company for the 2024 Paving Improvements Unit Price Construction Contract. Please confirm that the bonds and corresponding amounts are valid so we can proceed with awarding the contract to The Fain Group, Inc. Thank you, Leov►el J. Rios Contract Compliance Specialist Transportation Public Works 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresidenYs principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet speci�cations. 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. � Bi��ER: The Fain Group, Inc. 2500 Great Southwest Pkwy. Fort Worth, TX 76106 By. Larry Frazier / (Signature) Titie: President Date: 09/12/2024 END OF SECTION C�TY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 2024 Paving Improvements Unit Price Construction Contract Various City Project Numbers 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 4 1. Summary. A Bidder or their designated subcontractors are required to be prequalified or 5 have applied for prequalification by the City for the work types requiring prequalification 6 prior to submitting bids. To be considered for award of contract the Bidder must submit 7 Section 00 45 12, PREQUALIFICATION STATEMENT for the work type(s) listed with 8 their Bid. Any contractor or subcontractor who is not prequalified for the work type(s) listed 9 must submit Section 00 45 13, PREQUALIFICATION APPLICATION in accordance with 10 the requirements below. The information must be submitted seven (7) days prior to the 11 date of the opening of bids. Subcontractors must follow the same timelines as contractors 12 for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at 13 the time bids are opened and reviewed may cause the bid to be rejected. 14 15 16 The prequalification process will establish a bid limit based on a technical evaluation and 17 financial analysis of the contractor. For example, a contractor wishing to submit bids on 18 projects to be opened on the 7th of April must file the information by the 31 st day of March 19 in order to eligible to work on these projects. In order to facilitate the approval of a Bidder's 20 Prequalification Application, the following must accompany the submission. 21 a. A complete set of audited or reviewed financial statements. 22 (1) Classified Balance Sheet 23 (2) Income Statement 24 (3) Statement of Cash Flows 25 (4) Statement of Retained Earnings 26 (5) Notes to the Financial Statements, if any 27 b. A certified copy of the firm's organizational documents (Corporate Charter, Articles 28 of Incorporation, Articles of Organization, Certificate of Formation, LLC 29 Regulations, and Certificate of Limited Partnership Agreement). 30 c. A completed Bidder Prequalification Application. 31 (1) The firm's Texas Taxpayer ldentification Number as issued by the Texas 32 Comptroller of Public Accounts. To obtain a Texas Taxpayer ldentification 33 number visit the Texas Comptroller of Public Accounts online at the 34 following web address www.window.state.tx.us/taxpermit/ and fill out the 35 application to apply for your Texas tax ID. 36 (2) The firm's �mail address and fax number. 37 (3) The firm's DLTNS number as issued by Dun & Bradstreet. This number 38 39 40 41 42 43 44 is used by the City for required reporting on Federal Aid projects. The DLTNS number may be obtained at www.dnb.com. d. Resumes reflecting the construction experience of the principles of the firm for firms submitting their initial prequalification. These resumes should include the size and scope of the work performed. e. Other information as requested by the City. 45 2. Prequalification Requirements 46 a. Financial Statements. Financial statement submission must be provided in 47 accordance with the following: 48 (1) The City requires that the original Financial Statement or a certified copy 49 be submitted for consideration. CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised August 13, 2021 00 45 11 - 2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory, the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America. This must be stated in the accounting firm's opinion. 17 It should: (1) express an unqualified opinion, or (2) express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital= current assets — current 26 liabilities) by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared, the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report, the notation of 37 38 39 40 41 42 43 44 45 "None" or "N/A" should be inserted. (2) A minimum of five (5) references of related work must be provided. (3) Submission of an equipment schedule which indicates equipment under the control of the Contractor and which is related to the type of work for which the Contactor is seeking prequalification. The schedule must include the manufacturer, model and general common description of each piece of equipment. Abbreviations or means of describing equipment other than provided above will not be accepted. 46 3. Eligibility for Award of Contract 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend, or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised August 13, 2021 00 45 11 - 3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter, the contractor will be eligible to 2 perform the prequalified work types until the expiration date stated in the letter. 3 8 END OF SECTION CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised August 13, 2021 004512-I PREQUALIFICATION STATEMENT Page 1 of I 1 2 3 4 5 6 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Prequalification Name Ex iration Date Asphalt Paving Construction/Reconstruction (LEss THAN 15,000 Th e Fa i n G ro u p, I nc. 09/01/2025 s uare ards Concrete Paving Constr ucti on/Re constructi on (LEss THAN 15,00o The Fain Group, Inc. 09/01/2025 s uare ards Water Transmission, Urban/Renewal, 24-inches The Fain Group, In�. 04/30/2025 and smaller Sewer Collection System, Urban/Renewal, 12-inches The Fain Group, Inc. 04/30/2025 and smaller Sewer Interceptors, Urban/Renewal, 24-inches The Fain Group, Inc. 04/30/2025 and smaller 7 8 9 10 11 12 t� 14 15 16 17 18 19 20 21 22 23 24 25 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: The Fain Group, Inc. Company 2500 Great Southwest Pkwy Address Fort Worth, TX 76106 City/State/Zip gy: Larry Frazier (Please Print) S ignature: e�ntTitle: (Please Print) Date: 09/12/2024 END OF SECTION CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised September 30, 2021 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. Various City Project Numbers. 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: The Fain Group, Inc. Company 2500 Great Southwest Pkwy. Address Fort Worth, TX 76106 City/State/Zip THE STATE OF TEXAS COUNTY OF TARRANT gy; Larry Frazier (Please Print) Signature: / Title: President (Please Print) � § BEFORE ME, the undersigned authority, on this day personally appeared Larry Frazier , 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 The Fain Group, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. GNEN UNDER MY HAND AND SEAL OF OFFICE this 12th September , 20?4. `�"��",, KRISTI TREES ` LPStY PLP ii _i:' �: Notary Public, State of T� -`°-�=�•}v, Comm. Ex , 9 . • pires 0415-� "'�,�.o`.�,�`` Notary ID 124427334 nin�� END OF SECTION day of Public in and for the State of Texas CITY OF FORT' WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised July l, 201 I 00 45 40 - 1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 6 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 7 (M/WBEs). POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 11 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 12 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 13 2020 (codified at: https://codelibra ..r�y amle�al.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 14 this bid. 15 16 BUSINESS EOUITY PROJECT GOAL 17 The City's Business Equity goal on this project is 13°/a of the total bid value of the contract (Base bid 18 applies to Parks and Community Services). 19 20 METHODS TO COMPLY WITH THE GOAL 21 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 22 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 23 ordinance through one of the following methods: 1. Commercially useful services performed by a 24 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 25 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 26 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. Prime 27 contractor Waiver documentation. 28 29 SUBMITTAL OF REOUIRED DOCUMENTATION 30 Applicable documents (listed below) must be submitted electronically with the other required bidding 31 documents at the time of the bid under the respective Project via the Procurement Portal: 32 https://fortworthtexas.bonfirehub.com/portal/?tab=openO�portunities 33 OR received no later than 2:00 p.m., on the third City business day after the bid opening date, 34 exclusive of the bid opening date with the respective Proj ect via the Procurement Portal by 35 responding to the message sent within Bonfire to all the bidders. It is highly encouraged that bidders 36 submit required documentation at the time of bid submission. 37 38 The Offeror must submit one or more of the following documents: 39 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 40 2. Letter of Intent, for all M/WBE Subcontractors; 41 3. Good Faith Effort Form and Utilization Form, including supporting documentation, if 42 participation is less than stated goal, or no Business Equity participation is accomplished; 43 4. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 44 all subcontracting/supplier opportunities; or 45 5. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 46 Protege participation. 47 48 These forms can be accessed at: 49 Business Equity Utilization Form and Letter of Intent CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised June 7, 2024 004540-2 Business Equity Goal Page 2 of 2 1 https://a�ps.fortworthtexas. og v/ProjectResources/ResourcesP/60 - MWBEBusiness Equity Utilization 2 Form DVIN 2022 220324.ndf 4 Letter of Intent 5 https://apps.fortworthtexas. ov/ProjectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 6 2021.pdf 8 Business Equity Good Faith Effort Form 9 htt�s://a�ps.fortworthtexas. ov�/ProjectResources/ResourcesP/60 - MWBE/Good Faith Effort l0 Form_DVIN 2022.pdf 11 12 Business Equity Prime Contractor Waiver Form 13 https://apps.fortworthtexas. ov�/ProjectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 14 Waiver-220313.pdf 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Business Equity Joint Venture Form https://a�ps.fortworthtexas. og v/ProjectResources/ResourcesP/60 - MWBE/MWBE Joint Venture 220225.ndf FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON-RESPONSIVE AND THE BID I.� �Al D[�ll Y �I la FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUITY 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 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised June 7, 2024 005243-1 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 The Fain Group, Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2024 Paving Improvements Unit Price Construction Contract Various City Project Numbers Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Wark in accordance with the Contract Documents an amount, in current funds, of Three Million and 00/100 Dollars ($3,000,000.00). 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 the number of days specified in each Task Order, 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 Wark and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Five Hundred and 00/100 Dollars ($500.00) for each day that expires after the time specified in Paragraph 41 for Final Acceptance until the City issues the Final Letter of Acceptance. 4.3. Renewals This Contract may be renewed up to one (1) additional term at the earlier of the expiration of contract funds or contract time under the same terms, conditions, and unit prices. �FFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised March 3, 2024 005243-2 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: L This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non-Resident Bidder 3) Prequalification Statement b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond £ Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alle�ed or proven that all or some of the damages bein� sought were caused, in whole or in part, bv anv act, omission or negligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised March 3, 2024 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alleged or uroven that all or some of the damages being sought were caused, in whole or in part, bv anv act, omission or ne�ligence of the citv. Article 7. MISCELLANEOUS 71 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 ar 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 7.6 7.7 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised March 3, 2024 005243-4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time-employees and the contract value is $100,000 or 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. �� 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 veri�cation from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised March 3, 2024 005243-5 Agreement Page 5 of 6 711 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 712 No Third-Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third-party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on-site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised March 3, 2024 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager (`Bffective Date"). Contractor: The Fain Group, Inc. By: Lar � ier (�n 9, 2025 0835 CST) Signature Larry Frazier (Printed Name) President Tltle PO Box 164308 Address City of Fort Worth By: �—��v Jesica McEachern Assistant City Manager Jan 31, 2025 Date oan 4FORr °aa a�.°�°°� °�o�odAd AtteSt: °~� �9p a�° oo-�o o�� o=o �� A .�� `°d* °°� oo ° �d ( a°n nEops4pp � Jannette Goodall, City Secretary Fort Worth, Texas 76161 City/State/Zip Jan 9, 2025 Date (Seal) M&C: 24-1081 Date: December 10. 2024 Approved as to Form and Legality: �� Douglas Black (Jan P, 2025 P24 CST) Douglas W. Black Sr. Assistant City Attorney OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised March 3, 2024 00 61 13 - 1 PERPORMANCL-' I30ND Page I of 2 I � ; 4 5 6 7 8 9 10 11 1? 13 14 � 16 SECTION 00 61 13 Bond No. 446313X PGRFORMANCE BOND THE STATE OF TEXAS § � § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, The Fain Group, Inc., known as "Principal" herein and Westfield Insurance Company, a corporate surety duly authorized to do business in the State of Texas, known as "Surety'° he��ein (whether one or more), are held and fir�nly bound unto the City of Fort Worth, a m��nicipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Three Million and 00/100 Dollars ($3,000,000.00), lawful money of the United States, to be paid in Fort Wort11, Tarrant County, Texas for the payment of which swn welt and truly to be made, we l�ind ourselves, our 1leirs, executors, administrators, s��ccessors and assigns, jointly and severally, firmly by these prese��ts. WHEREAS, the Principal has entered into a certain written co�ltract with the City awarded the 10''' day of December, 2024, which Contract is I�ereby referred to and made a part hereof for all t7 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 18 defined by law, in the prosecution of the Work, including any Change OrdeT•s, as provided for in 19 said Contract designated as 2024 Paving Improvements Unit Price Construction Contract, Various 20 City Project Numbers. 21 NOW, THEREFORE, the condition of this obligation is sucl� that if the said Principal 22 shall faitl�fully perform it obligations under the Contract a��d shall in all respects duly and faithfully 2; perform the Work, including Change Orders, �uider the Contract, according to the plans, 24 specifications, and contract docu�nents therei�l referred to, and as wefl during any period of 25 extension of the Contract that may be granted on the part of the City, then this obligation shall be ?� �� ?g ?9 30 �1 32 and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if a��y legal action be filed on this Bo��d, venue shall lie in Tarrant County, Texas or the United States District Cow-t for the Norther�� District of Te�as, Fort Worth Division. This bond is made and executed in compliance with tl�e provisio»s of Chapter 2253 o�f the Texas Gover�vnent Code, as amended, and all liabilities on this boi�d shall be determined in accordance with the provisions of said statue. CITY O(' 1=0RT WORTF{ 2024 Paving hnprovements Unit Pricc Construction Contract S'TANDARD CONSTRUC"f10N SPECIFICATION DOCUMENTS Various City Project Numbers Revised December 8, 2023 0061 13-2 PERFORh4ANCE BONU Page 2 of 2 IN WITNESS WHEREOF, the P►�incipal and the Surety l�ave SIGNED and SEALED this instrument by duly authoriz_ed agents and officers on this the 10th ,2024. 4 5 6 7 8 9 10 11 �a 13 l4 IS (6 17 18 19 20 ?� �� ?3 24 ?5 ?6 �7 ?g �q 30 31 32 33 34 35 36 ATTES : (Pr' cipa ) Sec' tary ��. Wit�ness as to Principal �-'""�,� Muni Raba Client Experience Leader, Surety day of December PRINCIPAL: The Fain Gro ip, c. 13Y: Sign ture t�.r �� `rr�.z� e�', P�es i d�e.n4- ame and Tit e Address: PO Box 164 i08 Fort Worth, Texas 76161 SURETY: Westfield [ns nce � o pa��y BY: '°�' gnature Joh y Moss, Attorney-in-Fact _ Name and Title Address: 2355 Ridge Road, Ste. 333 Rockwall, Texas 75087 Telephone Number: 972-772-7220 Email Address: �ohnny.Moss u;baldwin.com ;7 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract ;8 from the by-laws showing that this person has authority to sign such obligation. If 39 Slirety's physical address is different fi•o�n its mailing address, both inust be provided. 40 The date of the bond shall not be �rior to the date the Contract is a�varded. 41 CITY OF FORT WOR"f}l 2024 Paving Improvemenis Unit Pricc Construction Contract S'I'ANDARD CONSTRUCTION SI'LCIPICATION DOCUMI:NTS Various City Project Numbers Revised December 8.3023 00(il 14- 1 PAYMENl' DOND Pagc 1 of 2 1 � 3 4 5 6 THE STATE OF TEXAS COUNTY OF TARRANT SECTION 00 61 14 PAYMENT BOND Bond No. 446313X § § KNOW ALL BY THESE PRESENTS: § 7 That we, The Fain Group, Inc., knowi� as "Principal" herein, and Westfield Insurai�ce 8 Company, a cor}�orate surety, duly authorized to do business in the State of Texas, known as 9 "Surety" herein (whettler one oi� more), are ileld and firmly bound unto the City of Fort Worth, a 10 municipal corporation created pursuant to the laws of the State of Texas, know�� as "City" herei�l, i t in the penal sum of T11►�ee Million and 00/] 00 Dolla��s ($3,000,000.00), lawf��l �noney of the United ►2 13 14 States, to be paid in Fort Worth, Tarrant County, Texas, for the pay�l�ent of which swn well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, f rmly by these presents: 15 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 16 10''' day of December, 2024, which Contract is heeeby referred to and made a part hereof for all 17 purposes as if fully set forth herein, to furnish all �r�aterials, equipment, labor a�1d other accessories 18 as defined by law, in tlle prosecution of t}�e Work as provided for i�� said Contract and designated 19 as 2024 Paving Improvements Unit Price Constt�uction Contract, Various City Project Numbers. ?0 NOW, THER�FORE, THE CONDITION OF THIS OBLIGATION is such that if 21 Principal shall pay all monies owing to a»y (and all) payment bo»d beneficiary (as defined in 22 Chapter 225 i of the Texas Gover�vnent Code, as amended) in the prosecutio�� of the Work uncler 23 the Contract, the�1 this obligation shall be and beco�r�e null and void; otheY•wise to remain in full 24 force and effect. 25 26 ?� �g This bond is made and executed i» compliance with the �rovisioi�s of Chapter 2253 of the TeYas Government Code, as amended, and all liabilities on this bond shali be determined in accordance witl� the provisioi�s of said statute. CITY OF PC)RT WOR"1'H 2O24 Paving lmprovements Lli�it Price Consh'uction Contract STANDARD CONSTRUC��ION SP[:CiPICATION DOCUMENTS Various City Project Numbers Revised Decemlxr 8, 2023 oo�i ia-z PAYM�N"I' BOND Page 2 of 2 I IN WITNESS WHEREOF, the Principal and Surety l�ave each SIGNED ai�d SEALED 2 this instrument by duly authorized agents and officers on this the 10th day of ; December , 2p 24 , 4 5 6 7 8 9 t0 m 12 ATTEST: �� (Surety) Secretary ./'�.,r'--.'''--"—� Muni Raba CI"ent Experience Leader, Surety PRINCfPAL: "Che Fain Group, Inc. BY: Signat� re � 1�-r��( �ra�_% �ces i �en�' Na�ne��— aiid Title Address: PO Box 164308 Fort Worth, Texas 76161 SURETY: Westfield 1� �irane ompany BY Sign ure hnny Moss, Attorney-in-Fact Name and Title Address: 2255 Ridge Road, Ste. 333 Rockwall, Texas 75087 Telephone Nwnber: 972-772-7220 Etlldl� ACIC�iOSS: lohnn}�.Moss a bald�vin.com Note: If signed by an officer of the Surety, tllere must be on file a certified extract fi�onl the bylaws showing that this person has authority to sign such obligation. If Surety's physica( address is different from its mailing address, both tm�st be provided. The date of tl�e bond shall 11ot be prior to the date the Contract is awardecl. END OF S�CTION CITY OF FOR'T' WORTf I 2024 Paving fmprovements Unit 1'rice Constniction Contract S'T'ANDARD CONSTRUCTION SP[:CIFICATION DOCUMrNTS Various City Project Ntnnbers Revised December 8, 202_i # �: f Witness as to Principal 0061 19- i MAINTGNANCE I3(�ND Page 1 of 3 I SECTION 00 61 19 2 MAINTCNANCE BOND Bond No. 446313X 3 4 TH� STAT� OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we The Fain Group, Inc., know�� as "Principal" herein and Westfield Insurance 8 Co�npany, a corporate su��ety duly autl�orized to do business ii� the State of Texas, known as 9 "Surety°' herein (whether one or more), are held and firmly bound ur�to the City of Fori Worth, a ]0 municipal corporation created pursua»t to the laws of the State of TeYas, ki�own as "City" l�erein, 11 in the sum uf Three Million and 00/100 Dollars ($3,000,000.00), lawful money ofthe United States, l2 to be paid in Fort Worth, Tarrant County, Texas, for payment of which suin wefl and truly be made 13 unto the City and its successors, we bind ourselves, our heirs, executocs, administrators, successors 14 and assigns, jointly and severally, fi�-mly by these presents. 15 l6 WHEREAS, the Principal has entered into a certain writteil contract with the City awarded 17 the 10"' day of December, 2024, which Contract is hereby 1•efer►-ed to and a nlade pa��t hereof for all 18 pu�poses as if fully set forth herein, to furnish all materials, equipment labor and other accessories 19 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 20 authorized Change Order (collectively herein, the "Work") as provided for in said contract and ?l designated as 202�t Paving Improvements Unit Price Construction Cor�tract, Vai�ious City Project ?2 Numbers; a�1d ?; 24 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 25 acco��dance with the plans, specifcatio��s and Coi�tract Documents that the Work is a��d will remain ?6 free fi-om defects in materials oi� work�nanship for and duri��g the period of two (2) years after the 37 date of Fi�1al Acceptance of the Work by the City ("Maintenance Period"); and ?g 29 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 30 receivi►�g ilotice from the City of the need theeefor at any time withiil the Maintenance Period. 31 CCfY OP POR"l� WORTt 1 2(�24 Paving lmprovements Unit Price Construction Contract STANDARD CONSTftUCTION SPECll�LCA"I'(ON DOCUMENTS Various City Project Numbers Revised December 3. 2023 0061 19-2 MAiNT[;NANCE BOND Page 2 of 3 1 � 3 4 5 6 7 8 9 10 ll 12 13 14 IS 16 17 18 19 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Wor�l., for which timely notice was pcovided by City, to a completion satisfactory to the City, then this obligation shall beco�ne null and void; otherwise to i�emai» in full force aild effect. PROVIDED, HOWEVER, if Principal sl�al) fail so to repair oi- reconstruct a�ly timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be eepaired and/or reconstructed with all associated costs thereof being borne by tlle Principal and t11e Surery under this Mainte��ai�ce bond; and PROVIDED FURTHER, that if any legal action be filed o�� this Bond, venue shall lie in Tari�ant County, Texas or the United States Dish�ict Court for the Northecn District of Te�as, Fort Worth Division; and I'ROVIDED FURTH�R, that this obligation shall be continuous in nat�n�e and successive recoveries may be had he�-eon for successive breaches. CI"I'Y OF PORT WORTH 2O24 Paving Improvements Unit Price Construction Contract S"CANDARD CONSTRUC'1'ION SPrCIFICATION DOCIJMLNTS Various City Project Numbers Revised December 8_ 2023 0061 19-3 MAINTENANCE QOND Page 3 of 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 ?0 2l �� ; 24 25 ?� �� ?g ?9 30 3l 32 » 34 35 IN WITNESS WHEREOF, the Pri�lcipal and the Surety llave each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of December 10th , 2024. ATTEST. (Prin pal S retary l �'�^. M Witness as to Principal ATTEST: �` � (Surety) Se retary Muni Ral3ah, Client Experie�ader, Surety �„ Address: PO Boa ( 64308 Fort Worth, Texas 76161 SURETY: ��estfield li ranc roup �..-- B . �gnature JohnnV Moss Attorney-in-Fact Name and Title Address: 2255 Ridge Road, Ste. 333 Rockwall, Texas 75087 Telephone Number: 972-772-7220 �illal� f�dd1'2SS: �ohnny.Mossa,baldwin.com 36 ;7 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract ;8 from t11e by-laws showing that this person has authority to sign sucll obligation. If 39 Surety's physical address is different from its mailii�g address, both must be provided. 40 The date of the bond shall not be prio�• to t11e date the Contract is awai•ded. 41 CI"TY OP POR"1' WOR'I�ht 2024 Paving Improvernents Unif Price Coi�strucYion Con[ract STANDARD CONS'I'RUCTION SPECII'ICA'T'lON DOCUMLNTS Various Cit�= Project Numbers Revised December 8.20?3 PRINCI PAL: The Fain Group, Inc. THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER # AND ISSUED PRIOR TO 10/10/24, FOR ANY PERSON QR PERSONS NAMED BELOW. General Power of Attorney CERTIFIED COPY Westfield National Insurance Ca. Ohio Farmers Insurance Co. Westfield Center, Ohio Know Ali AAen Uy These Presents, That WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporati��ns, herein�fter referrred to individualiy as a`Company" and collectively as "Cnmpanies," duly orqanized and existinp under the lav�rs nf the State of Ohia, nnd having its princiE�al office in Westfield Center, Msdina County, Ohio, do by� tr��se presents it�ake, constitute and a��poirit TONY FIERRO, JOHNNY MOSS, JAY JORDAN, JEREMY BARNE7T, JADE PORTER, ROBERT G. KANUTH, JARRETT WIL�S4N, JACK NOTTINGHAM, BRADY WILSON, BRENNAN WILLIAMSON, JAROD JAGGERS, CALEB HALE, RYAN COX, JOINTLY OR SEVERALLY of ROCFMIAL� and 5tate of TX its true and lawful Attarney(s)-in-Fact, with full nower and authority hereby conferi�ed in its name; place and steaci, to execute, aci<na��✓ledge and cleliver any and all bonds, recognizances, undertakings, or other instrumei�ts or contracts of sureryship in any penai timit, and to bind any of tr�e Companies thereby as fully and tv tl�e sarne extent as if such bonds were si�ned by the President, sealed with the corp�rate seal of the applicable Campany and di.dy attested by its Secretary, hereby ratifying and confirming all that the said Attor'ney(s)-in-Fact rnay do in the premises. Said appointmerit is made urider and by a�athority of the follow+ina ��esoluti�n adopted hy the Bonrd of Direcfors of each of the bVESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: Be it Resolved, that the President, any Ser�ior Exer,utive, any Secr-etary ar any Fidelity & Surety O��eratior�s Executive or other Executive shall be and is h�reby vested �vith fiall (�ovder and a�.rthority to appoint any one or rnore suitable persons as Att�mey(s)-in-Fact to represent and act for and on behalf �f the Coi7ipany subject to the follow�ing provisions: The Atforney-ii�-Fact may be given full �ov�ier and autl �ority fc,r and in tPie name of and an behaif of the Cornpany. to execute, acl<nowledye and deliver, any and all bonds, recognizanres, coritracts, agreements of indernnity arid other coneiiti�rrai or obliyatory +mdertakings and am� and all r�otice, and cloc��m�nts canr.eliny or terminating the Cornpany's liability there��nder, and any such instr�m��ents so executed by any such Attarney-in-Fact shafl he as binrJing upon the Company as if signed by the President ancl sealec! a��d attested by the Corp�rate Secretary.'" '"Be it Further Resolved, that the signature of any such designated person and the seal of the ComE�any heretof�re or hereafter affixed to any po�ver of attorne}� or any certificate relating thereto by facsimile, and am,� power of attorney or certificate bearing facsimile signatures or facsimile seai shall be valid and bindiny u�on the Company with respect to any bond or undertaking t� which it is attached." (Each adopted at a meeting lield on February 8, 200U). in Witress Whereo.+, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONRL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMFANY have caused these presents to be siyned by their National S�ety Leader and Senior Executive and their corporate seals to be hereto affixed this 'IOth day of OCTOBER R.D., 2tY14 . Gorporate ,..�•,'„'u�•�.,,, Seals ,s �'`�tt°+U��lJ��', Affixed �f v . ' „�y ' . �: � w ', �]G.i`�.. 'L �a.�� .�� ; : �'r,, '•,�. '�c° f.. �'�r�: State of Ohio '"��+�^"� County of Medirra s5.: ''.� •1i7I� „� ��, :';%V : .. , : 5E�1L ( - _ .` , ,,,,*,,,,,,,,°, POWER NO. 4226012 14 Westfield Insurance Co. ;:! I�� 9 � . �q WESTFIELD INSURANCE COMPANY WESTFIELD NATIONAL INSURANCE COMPANY OHIO FARMERS INSURANCE COMPANY By: `._ `; � Gary W Stumper, Nationa/ Surety Leader and Senior Executrve On this 10t1ti day of dCTOBER A.D., 2024 , before me personalry came Gary W. Stumper to me lo�iovvn, who, being by me duly sv��orn, did depose and say, that he resides in Medina, OH; thac he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY. WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY; the cornpanies described in and which executed the above iristrument: that he kn�ws the seals of said Compariies; tf��at the seals affixed to said instrument are such corparate seals: that they were so affixed by order of the Boards of Directors of said Coni{��ar�ies; and that he signed hIs nan7e tl}ereto by like arder. Notarial Seal Affixed State of Ohio County of Meclina �`'� �\ A � "' �. O° P.,.•�ui1.,S � �� j'�,�y' z�'= �.,.--'=' r . � , � ss.: �•`j'q � ..�e!��,�� ,..re oF °. � David A. Kotnik, Attorney at Law, Noiary Public My Commission Does Not Expire (Sec. 147.03 Ohio Revised Code1 L Frank A. Carrino, Ser,ret�ry of bVESTFIELD INSURANCE COMFANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, cio herehy r,ertify that the above and foregoinG is a true and correct copy of a Po�Ner ��f Attorne�/; executed by said Companies, vvhich is still ii7 full force and effect; and furthermore, the resolutions of tf�e Boards of Dire�tors; set out in tl�e Power of Attorney �re in full force and effect. In Witness PVhere.of, I have hereunto set rny hand and affixed tha seals of saici Companies at Westfield Ce.nter�, Ohio, this 10th day of December A.D., 2024 . ,��gtiR,�t��'•, .�•''_<;,,�i :�ir�l '��,. :�',s �o , •,.y,'• , ��'''w '`�':�••' . c<"=: ..: '' •.. i► ; � _ � t� ��.�.� � � � ;�''-�, . SE�II� � j � � •. � � �. . �,�� ,:,, ��Nq��M/l4'"' � �i*�� , ,,,,,... �,�c,\iiSUq,��;r, �i�� t .. Q .. �� ;'�,NARIERFp ; � � 5'ecrYtary : .b . Frank A. Carrino, Secretar•y >:, k�� ,:,a��t; 4 .... • � A . BPOAC2 (combined) (05-24) 006125-1 CGRTIFICATG OF INSURANCE Page 1 of 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 SECTION 00 61 25 CERTIFICATE OF 1NSURANCE END OF SECTION CITY OF FORT WORTH 2O24 Paving Improvements Unit Price Construction Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Various City Project Numbers Revised July 1, 20ll COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY ELITE EXTENSION - TEXAS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM The COMMERCIAL GENERAL LIABILITY COVERAGE FORM is amended to include the following clarifications and extensions of coverage. The provisions of the Coverage Form apply unless modified by endorsement. A. EXPECTED OR INTENDED INJURY Section I— Coverage A, Exclusion a. is amended as follows: a. "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. B. NON-OWNED WATERCRAFT The aggregate limit listed above is the most we will pay for all damages because of "property damage" to property in the care custody and control of or property loaned to an insured during the policy period. Any payment we make for damages because of "property damage" to property in the care, custody and control of or property loaned to an insured will apply against the General Aggregate Limit shown in the declarations. Section I— Coverage A, Exclusion g.(2) is amended as follows: (2) A watercraft you do not own that is: (a) Less than 60 feet long; and (b) Not being used to carry person(s) or property for a charge; C. EXTENDED PROPERTY DAMAGE COVERAGE Section I— Coverage A, Exclusions j.(3) and (4) is amended to add the following: Paragraphs (3) and (4) of this exclusion do not apply to tools or equipment loaned to you, provided they are not being used to perform operations at the time of loss. SCHEDULE Limits Of Insurance Deductible $5,000 Each Occurrence $250 Per Claim $10,000 Annual A re ate a. The each occurrence limit listed above is the most we will pay for all damages because of "property damage" to property in the care, custody and control of or property loaned to an insured as the result of any one "occurrence", regardless of the number of: (1) insureds; b. Our obligation to pay damages on your behalf applies only to the amount of damages in excess of the deductible amount listed above. We may pay any part or all of the deductible amount listed above. We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and upon notification by us, you will promptly reimburse us for that part of the deductible we paid. c. If two or more coverages apply under one "occurrence", only the highest per claim deductible applicable to these coverages will apply. d. Insurance provided by this provision is excess over any other insurance, whether primary, excess, contingent or any other basis. Since insurance provided by this endorsement is excess, we will have no duty to defend any claim or "suiY' to which insurance provided by this endorsement applies if any other insurer has a duty to defend such a claim or "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. D. PROPERTY DAMAGE — ELEVATORS Section I— Coverage A.2. Exclusions paragraphs j.(3), j.(4), j.(6) and k. do not apply to use of elevators. (2) claims made or "suits" brought; This insurance afforded by this provision is excess (3) persons or organizations making claims or over any valid and collectible property insurance bringing "suits". (including any deductible) available to the insured and Section IV — Commercial General Liability Conditions Paragraph 4. Other Insurance. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 6 E. FIRE, LIGHTNING OR EXPLOSION DAMAGE Except where it is used in the term "hostile fire", the word fire includes fire, lightning or explosion wherever it appears in the Coverage Form. Under Section I— Coverage A, the last paragraph (after the exclusions) is replaced with the following: Exclusions c. through n. do not apply to damage by fire, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III — Limits of Insurance. F. MEDICAL PAYMENTS If Section I— Coverage C. Medical Payments Coverage is not otherwise excluded from this Coverage Form: The requirement, in the Insuring Agreement of Coverage C., that expenses must be incurred and reported to us within one year of the accident date is changed to three years. G. SUPPLEMENTARY PAYMENTS Supplementary Payments — Coverages A and B Paragraphs 1.b. and 1.d. are replaced by the following: 1.b. Up to $5,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 1.d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suiY', including actual loss of earnings up to $500 a day because of time off from work. H. SUBSIDIARIES AS INSUREDS Section II — Who Is An Insured is amended to add the following: 1.f. Any legally incorporated subsidiary in which you own more than 50% of the voting stock on the effective date of this policy. However, insured does not include any subsidiary that is an insured under any other general liability policy, or would have been an insured under such a policy but for termination ot tnat poiicy or tne exnaustion ot tnat policy's limits of liability. BLANKET ADDITIONAL INSUREDS — AS REQUIRED BY CONTRACT Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) subject to provisions in Paragraph 2. below, (hereinafter referred to as additional insured) when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organization(s) be added as an additional insured on your policy provided that the written contract or agreement is: CG7578.3(2-19) a. Currently in effect or becomes effective during the policy period; and b. Executed prior to an "occurrence" or offense to which this insurance would apply. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured; and c. Applies only if the person or organization is not specifically named as an additional insured under any other provision of, or endorsement added to, Section II — Who Is An Insured of this policy. As provided herein, the insurance coverage provided to such additional insureds is limited to: a. Any Controlling Interest, but only with respect to their liability arising out of their financial control of you; or premises they own, maintain, or control while you lease or occupy these premises. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. b. Any architect, engineer, or surveyor engaged by you but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (1) In connection with your premises; or (2) In the performance of your ongoing operations. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. Includes copyrighted material of ISO Properties, Inc. with its permission. Page 2 of 6 This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional services by or for you. c. Any manager or lessor of a premises leased to you, but only with respect to liability arising out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This insurance does not apply to: (1) Any "occurrence" which takes place after you cease to be a tenant in that premises. (2) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. d. Any state or governmental agency or subdivision or political subdivision, subject to the following: (1) This insurance applies only with respect to the following hazards for which any state or governmental agency or subdivision or political subdivision has issued a permit or authorization in connection with premises you own, rent or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners or decorations and similar exposures; or (b) The construction, erection or removal of elevators; or (c) The ownership, maintenance or use of any elevators covered by this insurance. (2) This insurance applies only with respect to operations performed by you or on your behalf for which any state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: (a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or "property damage" included within the "products- completed operations hazard". e. Any vendor, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business. With respect to the insurance afforded to these vendors, the following additional exclusions apply: (1) The insurance afforded any vendor does not apply to: (a) "Bodily injury" or "property damage" for which any vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that any vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you; (c) Any physical or chemical change in the product made intentionally by any vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; (e) Any failure to make such inspections, adjustments, tests or servicing as any vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; (f) Demonstration, installation, servicing or repair operations, except such operations performed at any vendor's premises in connection with the sale of the product; (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for any vendor; or CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 3 of 6 (h) "Bodily injury" or "property damage" arising out of the sole negligence of any vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to: (i) The exceptions contained in Subparagraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as any vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. (2) This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. f. Any Mortgagee, Assignee Or Receiver, but only with respect to their liability as mortgagee, assignee, or receiver and arising out of the ownership, maintenance, or use of the premises by you. This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. g. Any Owners Or Other Interests From Whom Land Has Been Leased, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land leased to you. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: (1) This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to lease that land; (b) Structural alterations, new construction or demolition operations performed by or on behalf of such additional insured. h. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease i. Any Owners, Lessees, or Contractors for whom you are performing operations, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: (1) Your acts or omissions; or (2) The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: (1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (a) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 4 of 6 (2) "Bodily injury" or "property damage" occurring after: (a) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (b) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. j. Any Grantor of Licenses to you, but only with respect to their liability as grantor of licenses to you. Their status as additional insured under this endorsement ends when: 1. The license granted to you by such person(s) or organization(s) expires; or 2. Your license is terminated or revoked by such person(s) or organization(s) prior to expiration of the license as stipulated by the contract or agreement. k. Any Grantor of Franchise, but only with respect to their liability as grantor of a franchise to you. I. Any Co-owner of Insured Premises, but only with respect to their liability as co- owner of any insured premises. m. Any Concessionaires Trading Under Your Name, but only with respect to their liability as a concessionaire trading under your name. 3. Any insurance provided to any additional insured does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the sole negligence or willful misconduct of the additional insured or its agents, "employees" or any other representative of the additional insured. 4. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: If coverage provided to any additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. J. COVERAGE FOR INJURY TO CO-EMPLOYEES AND/OR YOUR OTHER VOLUNTEER WORKERS Section II — Who is an Insured, Paragraph 2.a. (1) is amended to add the following: e. Paragraphs (a), (b), and (c) do not apply to your "employees" or "volunteer workers" with respect to "bodily injury" to a co-"employee" or other "volunteer worker". Damages owed to an injured co-"employee" or "volunteer worker" will be reduced by any amount paid or available to the injured co- "employee" or "volunteer worker" under any other valid and collectible insurance. K. HEALTH CARE SERVICE PROFESSIONALS AS INSUREDS - INCIDENTAL MALPRACTICE Section II — Who is an Insured, Paragraph 2.a. (1) (d) is amended as follows: This provision does not apply to Nurses, Emergency Medical Technicians, or Paramedics who provide professional health care services on your behalf. However this exception does not apply if you are in the business or occupation of providing any such professional services. L. NEWLY FORMED OR ACQUIRED ORGANIZATIONS Section II — Who Is An Insured, Paragraph 3.a. is replaced by the following: 3.a. Coverage under this provision is afforded until the end of the policy period. This provision does not apply if newly formed or acquired organizations coverage is excluded either by the provisions of the Coverage Form or by endorsements. M. DAMAGE TO PREMISES RENTED TO YOU Section III — Limits of Insurance, Paragraph 6. is replaced by the following: Subject to 5.a. above, the Damage To Premises Rented To You Limit, or $500,000, whichever is higher, is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or in the case of damage by fire, lightning, explosion, smoke or leakage from automatic protection systems, while rented to you or temporarily occupied by you with permission of the owner. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 5 of 6 N. MEDICAL PAYMENTS — INCREASED LIMITS Section III — Limits of Insurance, Paragraph 7. is replaced by the following: 7. Subject to Paragraph 5. above, $10,000 is the Medical Expense Limit we will pay under Coverage C for all medical expenses because of "bodily injury" sustained by any one person, unless the amount shown on the Declarations of this Coverage Part for Medical Expense Limit states: (a) No Coverage; or (b) $1,000; or (c) $5,000; or (d) A limit higher than $10,000. O. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUIT Section IV — Commercial General Liability Conditions Paragraph 2. is amended to add the following: 1. The requirement in Condition 2.a. that you must see to it that we are notified as soon as practicable of an "occurrence" or an offense which may result in a claim, applies only when the "occurrence" or offense is known to: (1) You, if you are an individual or a limited liability company; (2) A partner, if you are a partnership; (3) A member or manager, if you are a limited liability company; (4) An "executive officer" or insurance manager, if you are a corporation; or (5) A trustee, if you are a trust. 2. The requirement in Condition 2.b. that you must see to it that we receive notice of a claim or "suiY' as soon as practicable will not be considered breached unless the breach occurs after such claim or "suiY' is known to: (1) You, if you are an individual or a limited ability company; (2) A partner, if you are a partnership; (3) A member or manager, if you are a limited liability company; (4) An "executive officer" or insurance manager, if you are a corporation; or P. PRIMARY AND NONCONTRIBUTORY — ADDITIONAL INSURED EXTENSION Section IV — Commercial General Liability Conditions Paragraph 4. Other Insurance is amended to add the following: This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. However, if the additional insured has been added as an additional insured on other policies, whether primary, excess, contingent or on any other basis, this insurance is excess over any other insurance regardless of the written agreement between you and an additional insured. Q. UNINTENTIONAL FAILURE TO DISCLOSE EXPOSURES Section IV — Commercial General Liability Conditions Paragraph 6. Representations is amended to add the following: If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under the Coverage Form solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non- renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of R. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Section IV — Commercial General Liability Condition Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of: 1. Your ongoing operations; or 2. "Your work" included in the "products-completed operations hazard". However, this waiver applies only when you have agreed in writing to waive such rights of recovery in a contract or agreement, and only if the contract or agreement: 1. Is in effect or becomes effective during the term of this policy; and S. MENTAL ANGUISH Section V— Definition 3. is replaced by the following: "Bodily injur�!' means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from bodily injury, sickness or disease. T. LIBERALIZATION If we revise this endorsement to provide greater coverage without additional premium charge, we will automatically provide the additional coverage to all endorsement holders as of the day the revision is effective in your state. CG7578.3(2-19) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 6 of 6 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT — AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The General Aggregate Limit under LIMITS OF INSURANCE (Section III) applies separately to each of your projects away from premises owned by or rented to you. Includes copyrighted material of Insurance Services Office, Inc. with its permission. Form CG7429 (Ed. 11-98) Copyright, Insurance Services Office, Inc., 1984 COMMERCIAL AUTO BLANKET ADDITIONAL INSURED - PRIMARY AND NONCONTRIBUTORY - REQUIRED IN WRITTEN CONTRACT OR AGREEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies the insurance provided under the following: BUSINESS AUTO COVERAGE FORM A. Section II — Covered Autos Liability Coverage, B. With respect to the insurance afforded to these Item A.1. Who Is An Insured is amended to additional insureds, the following is added to include as an additional "insured": Paragraph C. Limit Of Insurance of Section II: 1 2. Any person or organization who you become obligated to include as an additional insured under this "auto" Policy, as a result of any written contract or agreement you enter into, which requires you to furnish insurance to that person or organization of the type provided by this policy but only with respect to "auto" liability arising out of your ongoing operations or premises owned by or rented to you. Any other person or organization you are required to include as an additional insured under this "auto" Policy as an additional insured under a contract or agreement described in Paragraph 1. above. The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement described in Paragraph A.1. or A.2.; or 2. Available under the applicable Limits Of Insurance shown in the Declarations for: Auto Liability; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. C. The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Such person(s) or organization(s) is an additional insured only with respect to "auto" liability for "bodily injury", or "property damage" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of ongoing operations; or 2. In connection with your premises owned or rented to you. However, the insurance afforded to such additional insured described above: 1. Only applies to the extent permitted by law; 2. Only applies if the contract or agreement is in effect during the policy period; 3. Only applies if the "bodily injury" or "property damage" occurs after you and such party have executed the contract or agreement; and 4. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. D. All other terms and conditions of this policy remain unchanged. CA7479 (2-22) Includes copyrighted material of ISO Properties, Inc. with its permission. Page 1 of 1 NA-CNST-2024 Paving Improvements Unit Price Construction Contract Final Audit Report 2025-01-13 Created: 2024-12-24 By: Leonel Rios (Leonel.Rios@fortworthtexas.gov) Status: Signed Transaction ID: CBJCHBCAABAAMoJnybWFdtNryzZvt8sWmk4aGnmPEXiw "NA-CNST-2024 Paving Improvements Unit Price Construction Contract" History Document created by Leonel Rios (Leonel.Rios@fortworthtexas.gov) 2024-12-24 - 4:54:56 PM GMT- IP address: 204.10.90.100 �=o Form filled by Leonel Rios (Leonel.Rios@fortworthtexas.gov) Form filling Date: 2024-12-24 - 5:11:50 PM GMT - Time Source: server- IP address: 204.10.90.100 Document emailed to Ifrazier@faingp.com for signature 2024-12-24 - 5:11:54 PM GMT Email viewed by Ifrazier@faingp.com 2024-12-24 - 9:42:19 PM GMT- IP address: 172.226.175.5 � Email viewed by Ifrazier@faingp.com 2024-12-28 - 9:34:29 AM GMT- IP address: 146.75.164.1 �'- Email viewed by Ifrazier@faingp.com 2024-12-30 - 7:11:29 PM GMT- IP address: 172.225.16.33 � Email viewed by Ifrazier@faingp.com 2025-01-02 - 7:51:42 PM GMT- IP address: 104.28.97.27 Email viewed by Ifrazier@faingp.com 2025-01-05 - 9:03:44 PM GMT- IP address: 172.225.130.62 Email viewed by Ifrazier@faingp.com 2025-01-08 - 10:00:23 PM GMT- IP address: 172.225.66.9 � Email viewed by Ifrazier@faingp.com 2025-01-09 - 2:31:21 PM GMT- IP address: 104.190.201.177 F�RT Wd[iTH, POH'eY� �' � Adohe Acrobat 5ign ��; Signer Ifrazier@faingp.com entered name at signing as Larry Frazier 2025-01-09 - 2:35:15 PM GMT- IP address: 104.190.201.177 � Larry Frazier (Ifrazier@faingp.com) uploaded the following supporting documents: ��; Certificate of Insurance Contractor Compliance with Worker's Compensation Law �� Maintenance/Warranty Bond � Payment Bond �� Performance Bond �z�y�.��y Q��a�c�.n r� � �• �e� �., r r �=o Document e-signed by Larry Frazier (Ifrazier@faingp.com) Signature Date: 2025-01-09 - 2:35:17 PM GMT - Time Source: server- IP address: 104.190.201.177 Document emailed to Fanta Kaba (fanta.kaba@fortworthtexas.gov) for filling 2025-01-09 - 2:35:23 PM GMT Email viewed by Fanta Kaba (fanta.kaba@fortworthtexas.gov) 2025-01-09 - 2:36:07 PM GMT- IP address: 75.32.196.26 �=�� Form filled by Fanta Kaba (fanta.kaba@fortworthtexas.gov) Form filling Date: 2025-01-09 - 2:37:14 PM GMT - Time Source: server- IP address: 75.32.196.26 Document emailed to Leonel Rios (Leonel.Rios@fortworthtexas.gov) for approval 2025-01-09 - 2:37:18 PM GMT C� Leonel Rios (Leonel.Rios@fortworthtexas.gov) uploaded the following supporting documents: � Bond Verification ;�� M&C 2025-01-13 - 6:53:05 PM GMT �;:, Document approved by Leonel Rios (Leonel.Rios@fortworthtexas.gov) Approval Date: 2025-01-13 - 6:53:05 PM GMT - Time Source: server- IP address: 204.10.90.100 �� Agreement completed. 2025-01-13 - 6:53:05 PM GMT F�RT Wd[iTH, POH'eY� �' � Adohe Acrobat 5ign Signature: Email: Leonel.Rios@fortworthtexas.gov F�RTW�RTH� Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE:2024 Pavina Imarovements Unit Price Construction Contract M&C: 24-1081 Date: 01 /14/25 To: I Name 1. Donnette Murph3 2, Patricia Wadsack 3. Lauren Prieur 4. Priscilla Ramirez 5. Doue Black 6. Jesica McEachern 7 Ronald Gonzales 8 Jannette Goodall 9 Allison Tidwell 10. TPW Contracts Department �w CSCO-Form Filler �w Initials � �� Signed in Agiloft ra � �� o� ,�.� Rp� DOC#: Date Out 1 /15/25 1 /15/25 01/16/25 01/17/25 01 /31 /25 02/03/25 02/03/25 02/04/25 CC: Program Manager, Sr. CPO, TPW HSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR C1TY MANAGER'S SIGNATURE: All document� received from any and all City Depathnents requesting City Manager's signatare for approval MUST BE ROUTED TO TT� 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 ONo ROUTIIVG TO CSO: �YES ❑No Action Reguired; ❑ As Requested ❑ For Your Information � Signature/Routing and or Recording ❑ Comment n F11C Link to general conditions & specifications CPN: 104759 CSO: NEXT DAY: ❑YES �IVo ❑ Attach Signature, Initial and Notary Tabs Return To: Please notity TPWContracts a�fortworthtezas.gov for pickup when complete. Csll eat. 7233 or eat. 8363 with questions. Thank you2 FaRT ��RTH� Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2024 Pavina Imarovements Unit Price Construction Contract M&C: 24-1081 CPN: Date: 12/24/24 � � � � � � � � : � � Name Larry Frazier Fanta Kaba Contract Compliance Specia CSO: Department Vendor-Signer f TPW-Signer ,„ TPW-Review �R Initials DOC#: Date Out 01/09/25 01/09/25 01/13/25 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 far approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑YES �No RUSH: ❑YES �No SAME DAY: ❑YES ❑No ROUTING TO CSO: �YES ❑No Action Required: ❑ As Requested ❑ For Your Information � Signature/Routing and or Recording ❑ Comment ❑ File NEXT DAY: ❑YES ❑No ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts(a�fortworthteXas.�ov for pickup when complete. Call ext. 7233 or ext. 8363 with questions. Thank you! ,� � Bond Verification '� M&C