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Home My WebLink AboutContract 63487CSC No. 63487 FORTWORTH, CONTRACT FOR THE CONSTRUCTION OF 2025 CONCRETE RESTORATION CONTRACT 4 City Project No.106091 Mattie Parker Jesus "Jay" Chapa Mayor City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth TRANSPORTATION AND PUBLIC WORKS 2025 OF TF,r�s1�1 IRETOMIWA SEYON OTUYELU j ............................. •., 154477 11�Z OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 6 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 02/08/2024 0021 13 Instructions to Bidders 01 / 17/2024 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 0045 12 Prequalification Statement 09/30/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 06/07/2024 00 52 43 Agreement 3/08/2024 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 0061 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 03/08/2024 00 73 00 Supplementary Conditions 03/08/2024 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 10/06/2023 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 0158 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised June 7, 2024 Addendum No. 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 32 - Exterior Improvements 32 1123 I Flexible Base Courses 99 99 00 — Special Specifications 99 99 00 1 Additional Specifications Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: httD:Hfortworthtexas.2ov/tDw/contractors/ or https:Happs.fortworthtexas.gov/Proi ectResources/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 117�4 Utility l; ty D o,v.,,ya / n L..,n.1..ftmen4 1 '1 /7izraOQW —2 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 Cast -In -Place Concrete 03/11/2022 03 80 00 Modifications to Existing Concrete Structures 12/20/2012 Division 31- Earthwork 31 00 00 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 31�3 BOFF0 n1 W2013 r 1M.2--ntsn 1 /o Q�14 31�no Erosion and Sedimeftt Goatfol 0 /o o�z 3 1�0 Gabion$ !X20,L2012 3 1�1 3700 00 RipFap 1 '1 /'fr�-svnviz Division 32 - Exterior Improvements 3201 17 gcr%,K=z3mt-AE)r6alt lV- -ice 12/20/2012 3201 �o t0rkhalt I\r 37�9 !`.,n e -ete Pa-y ng D 1'f/'fez 3l 11 19 L;Am Troatoa Brio r,,,,fs 12/�1-2 CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised June 7, 2024 Addendum No. 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 13212 AOrh.alt ram-'- -4" 6/noro7/2024 27� A&,A. c)t 11 /204-2 32 13 13 Concrete Paving 06/10/2022 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/09/2022 3322 Concrete Paving Joint Sealants 12/20/2012 '1 ^3 ,7`3 37 Brick Unit Paving 12/7r QO/2vri 32 1613 Concrete Curb and Gutters and Valley Gutters 12/09/2022 32 1723 Pavement Markings 06/10/2022 32 �5 3231 13 2'� C;ttr-b Ad A-4iWzlrzg Chain Fenees d Gates Wire Fenees Gates 11,104,12013 12/�lz 1 �/�lz 27� 3232 13 and Wood Fo, ees and Gates Ga&t, Yn Plaou Go -ete Retaining Walls 12/'l�,z0/2012 06/0a 3291 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03/11/2022 32 92 13 32292 14 Sodding No Native Seeding 05/13/2021 n543,Q02 3292 15 37�3• Native G,-.,c�ss and Wildflower coed;„. d 9& G'g 10/023 11 zz90/20i2 Division 33 - Utilities Testip,. d 1\ R.,fAiel 2�o /nvT 3 33 0131 � Sewer- a- e Closed r; 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To.v.pe -., -y Water- Servi . 17/7 z 12/�lz 0�/n�n 22� 2 2� Clo.,..;ng a -ad A,.,.c�.=6 i u Tav ,,,..,stiF�7 a4e- Mainss Cleaning g of Pipes 1 n�/n 3 03 /lv�r1 1/2022 33 05 10 TJ--vTry �--. 3305 1Tz 7 Utility, T-eneb. L'.,,..,y do Embedment, �d BaekF;11 , , ��1�1 �T/�i �T/J72fii�g 04/02 /202 VTTVZTLCTLT 12Q0/2017 3305 13 Frame, Cover and Grade Rings 09/09/2022 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to 03/11/2022 Grade 3305 16 Concrete Water Vaults 12/20/2012 3305 17 32�0Auger-1 ZZ�i Concrete Collars T 03/11/2022 /Q0,4012 12/7 22�z 22�3 Tunnel ineF Plate Stool Casing -Pipe Handu��c�lixg z 12/7 z 12QO/2012 �� 33 0524 hwkla 1.tio f Caf fie - -Pipe i Casing E)r- T,,,,,, T t �. o of s��r Plate T T -ke -s lT .,..., 1'l/09,Ll022 �� 1 'f /'fez 330526 2 2�v 44 y a ef: Leea4ion �r�,�i n�• Utilities12/7z RT Tu4s QO/2012 12/7 33 11-05 33 it Belt` and Gaskets DttetGla l : P*,o z 1 � /n�22 1 1 1 1 �n0:4 Duetil e T« Fitting-,09 /20 /201 �7 vT-=vrLvz-r 1 1 12 Pelyviftyl Chlef de wvr) Pfessufe Pipe 09 n�22 CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised June 7, 2024 Addendum No. 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 6 33 1 1 1 3 T1-"., Coznciiv� iWw Pipo, Bari �x 7,-.,., pe.1 Steel !`ylif ,1e,- Type ,'f/'l z 33 1 1 11 22� >zuf e.1 Steel Pipe a -a Fitting 12/20,12012 3- 1211 Water- Services linch to 2 e Large Water Meters 02/to n�117 11 /�12 33 1220 33�T Ria:L"int F//dtoa G to A7 l.,e n v;/ra/ n -f1., 05/0642� nn /gin 33 12 25 Trrrz� Rubber- Seated BtA4e V Ge��eet; F d �aT.,te,. r ain cvraxcccron t0 ...111�1'�I^ 021 0612013 vzrvvravz� 32 1.7 2no 23 GornNymtlia A;.. 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LED Poad-., r ., , 0 � .�ar�rxvs 6/15/2n1e�� 34 n�o3 r Resi�l�ntial �D P_aadw r�� .�arigir.aipoo 0645,12015 24 41 30 „n2/ ��41uri��nuri� � �, �20Pn CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised June 7, 2024 Addendum No. 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 3471 13 Appendix GC-4.02 GC-6.06.D GC-6.07 GN-1.00 SD-1.00 SL-1.00 SM-1.00 Traffic Control Subsurface and Physical Conditions Minority and Women Owned Business Enterprise Compliance Wage Rates General Notes Standard Construction Details Street List and Quantities Street Maps END OF SECTION Page 5 of 6 03/22/2021 CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised June 7, 2024 Addendum No. 1 ACITY COUNCIL AGEND Create New From This M&C DATE: 6/10/2025 REFERENCE NO.. CODE: C TYPE: Official site of the City of Fort"/orth, Texas FORT WORT11 **M&C 25- LOG NAME: 202025 CONCRETE 0530 RESTORATION CONTRACT 4 CONSENT PUBLIC NO NO SUBJECT: (CD 2) Authorize Execution of a Contract with Vernara, LLC, in the Amount of $2,149,650.00 for the 2025 Concrete Restoration Contract 4 Project at Various Locations RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Vernara, LLC, in the amount of $2,149,650.00 for the 2025 Concrete Restoration Contract 4 project at Various Locations (City Project No.106091). DISCUSSION: In the Fiscal Year 2025 Pay -Go Contract Street Maintenance Program, various types of street maintenance projects are grouped into specific contract packages. The recommended construction contract outlined in this Mayor and Council Communication (M&C) will provide the replacement of failing concrete pavement panels on the street sections below, under the 2025 Concrete Restoration Contract 4 project (City Project No. 106091). Street Gold Spike Drive Railhead Road Robert W Downing Drive From To Meacham Boulevard Railhead Road Northeast Loop 820 SR Blue Mound EB Road Western Center Cedar Tree Drive Boulevard This project was advertised for bid on March 5, 2025 and March 12, 2025, in the Fort Worth Star - Telegram. On April 3, 2025, the following bids were received: Bidders Vernara, LLC Capko Concrete Structures, LLC XIT Paving and Construction, Inc. Urban Infraconstruction Base Bid Time of Amount Completion $2,149,650.00 180 Calendar Days $2,497,284.00 $2,690,873.00 $2,706,480.00 In addition to the contract amount, $279,965.00 is required for project management, material testing and inspection, and $214,965.00 is provided for project contingencies. Funding is budgeted in the General Capital Projects Fund for the Transportation and Public Works Department for the purpose of funding the 2025 Concrete Restoration Contract 4 project. Construction of this project is expected to start in July 2025 and be completed by February 2026. Upon completion of the project there will be no anticipated impact on the General Fund operating budget. DVIN/Business Equity —The Business Equity Division placed a 7.18\% business equity goal on this solicitation/contract. Vernara, LLC, will be exceeding the goal at 10.70\%, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. This project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the General Capital Projects Fund for 2025 Concrete Restoration 4 project to support the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Jesica McEachern (5804) Originating Department Head: Lauren Prieur (6035) Additional Information Contact: Monty Hall (8662) ATTACHMENTS 106091 sam.gov report.pdf (CFW Internal) 106091 FID Table.xlsx (CFW Internal) 202025 CONCRETE RESTORATION CONTRACT 4 funds avail.docx (CFW Internal) Compliance Memo.pdf (CFW Internal) Form 1295 Certificate Citv of Fort Worth.pdf (CFW Internal) M&C Map 2025ConcreteRestoration Contract 4.pdf (Public) CITY OF FORT WORTH Transportation and Public Works Department 2025 Concrete Restoration Contract 4 City Project No. 106091 ADDENDUM NO.1 Addendum No. l: Issued Wednesday, March 26, 2025 Bid Open Date: Thursday, April 3, 2025 This Addendum forms part of the Specifications & Contract Documents for the above -referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below and in the proposal (SECTION 00 41 00). Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The Plans and specification documents for 2025 Concrete Restoration Contract 4, City Project No. 106091, are hereby revised by Addendum No. 1 as follows: SPECIFICATIONS & CONTRACT DOCUMENTS: a. SECTION 00 00 00 — Replace the TABLE OF CONTENTS in its entirety with the attached revised TABLE OF CONTENTS. b. SECTION 00 42 43 — Replace the PROPOSAL FORM in its entirety with the attached revised PROPOSAL FORM c. BIDTABLE (BT-68MP) — The bid table has been revised in Bonfire to reflect the changes made to the proposal form. d. SECTION 32 1123 — Add the attached Flex Base Specification to the Project Manual. e. SUBMISSION INSTRUCTIONS—25-0107 —The submission instructions have been updated to include Addendum No. 1 under the Requested Information section. The attendees asked the following questions during the pre -bid conference and on Bonfire. The City of Fort Worth's responses are below. Question 1: What is the engineer's estimate for the project? Response 1: $2,500, 000. 00 is the approximate construction cost based on the engineer's estimate. Question 2: When is construction expected to start? Response 2: Work on the project is expected to begin in July 2025. The selected vendor must have crews available and prepared to initiate work upon receipt of the Notice to proceed. Question 3: Are there plan sheets detailing the limits of construction? Response 3: This is a maintenance project, and there are no plan sheets. However, the project manual includes a locations list, map, and the necessary construction details for this contract. Question 4: Are vendors required to be prequalified for this contract? Response 4: Prequalification is not required for this contract. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised September 14, 2022 Addendum No 1 Question 5: Is excavation subsidiary to flex base and paving, or will all excavation required for this job be paid under the excavation pay item? Response 5: The excavation required to install flex base is subsidiary to the flex base pay item. All other excavation required for this contract will be paid under the unclassified excavation line item. Question 6: What average panel size is to be removed and replaced? Response 6: Average panel size is 12' x 12' (144 SF) Question 7: What type of concrete will be required for the 9" paving? Response 7: Concrete class H, 4500 psi 28 Day minimum compressive strength for Hand Placed Paving. Please refer to the specifications, SECTION 3213 13. Question 8: Is breaking the concrete pavement allowed? Response 8: Saw -cut full depth through the concrete pavement around the perimeter of the repair area. Remove the concrete slab with minimum disturbance to the base materials and surrounding concrete. Do not spall or fracture the pavement adjacent to the repair area. Question 9: Are density tests required for the subgrade and flex base? Response 9: Density tests are required for flex base and disturbed subgrades. This Addendum No. 1 forms part of the Specifications and Contract Documents for the above -referenced project and modifies the original Project Manual and Contract Documents of the same. Acknowledge your receipt of Addendum No. 1 by completing the requested information in the space provided in Section 00 4100, Bid Form, Page 3 of 3 A signed copy of Addendum No. 1 should be included in the submitted sealed bid at the time of bid submittal. Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered "NONRESPONSIVE," resulting in disqualification. Addendum No. 1 RECEIPT ACKNOWLEDGEMENT: By: hs►t�apN act Company:—Vi 54Z RVA, IL, L L - C.— Address: MI SO DALL k &"'( V E,NIJPC . -VA ZK77— t6 City: !Q1%ypa— Stater_ CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised September 14, 2022 Lauren Prieur, P.E. Director, Transportation and Public Works By: 2ewet-t A a1 a Zelalem Arega, P.E. Engineering Manager, TPW 2025 Concrete Restoration Contract 4 City Project No. 106091 Addendum No I 0011 13 INVITATION TO BIDDERS Page 1 of 3 �1 D[yl 1 [130[Qlf f f R3 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of 2025 Concrete Restoration Contract 4, City Project Number 106091 will be received by the City of Fort Worth via the Procurement Portal httDs:Hfortworthtexas.bonfirehub.com/portal/?tab=oDenODDortunities. under the respective Project until 2:00 P.M. CST, Thursday, APRIL 3, 2025. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST at Fort Worth City Hall, 100 Fort Worth trail, Fort Worth, Texas, Mezzanine, Room CH MZ10_12. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non -responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT For technical questions, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en- us Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cityproject No. 106091 Revised 2/08/24 0011 13 INVITATION TO BIDDERS Page 2 of 3 To get started with Bonfire, watch this five-minute training video: Vendor Registration and Submission [VIDEO] — Bonfire Vendor Support (gobonfire.com) 1940M►13;71w1]DMI1;7191Y10eto] OIi.Ye)S"I The major work will consist of the (approximate) following: 13,000 SY 7" Concrete Pavement Removal 13,000 SY 9" Concrete Pavement 800 CY Unclassified Excavation DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal httDs://fortworthtexas.bonfirehub.com/Dortal/?tab=ODenODDOrtunities, under the respective Project. Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties should indicate their intent to bid in the Procurement Portal by selecting "yes" under the Intent to Bid section. All Addenda will be posted in the Procurement Portal httDs://fortworthtexas.bonfirehub.com/Dortal/?tab=ODenODDOrtunities, 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, March 18, 2025 TIME: 11:30 AM Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement Portal. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from user fees, bonds, grants, etc, and reserved by the City for the Project. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cityproject No. 106091 Revised 2/08/24 0011 13 INVITATION TO BIDDERS ADVERTISEMENT DATES March 5, 2025 March 12, 2025 END OF SECTION Page 3 of 3 CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cityproject No. 106091 Revised 2/08/24 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 9 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making electronic Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre -qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: httl)s://apl2s.fortworthtexas.gov/ProjectResources/ CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cityproject No. 106091 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.1.1. Paving — Requirements document located at: httns://aDDs.fortworthtexas. aov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/TPW%2OPavin2 %20Contractor%2OPreaualification%2OProjzram/PREOUALIFICATION%20REO UIREMENTS%20FOR%2OPAVING%2000NTRACTORS.Ddf 3.1.2. Roadway and Pedestrian Lighting — Requirements document located at: httDs://aDDS.fortworthtexas. aov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPrecivalification/TPW%2ORoadwa v%20and%2OPedestrian%2OLiahtina%2OPreaualification%2OProaram/STREET% 20LIGHT%20PREOUAL%20REOMNTS.Ddf 3.1.3. Water and Sanitary Sewer — Requirements document located at: httDs://aDDS.fortworthtexas. aov/Proi ectResources/ResourcesP/02%20- %20Construction%2ODocuments/Contractor%2OPreaualification/Water%20and%2 OSanitarv%2OSewer%2OContractor%2OPreaualification%2OProaram/W S S%2ODre aual%20reauirements.Ddf 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2. 1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 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 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cityproject No. 106091 Revised/Updated 1/17/24 0021 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. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4.OMITTED 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cityproject No. 106091 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.1.10. Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification o£ 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cityproject No. 106091 Revised/Updated 1/17/24 0021 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. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City electrically through the Vendor Discussions section under the respective Project via the Procurement Portal https:Hfortworthtexas.bonfirehub.com/portal/?tab=openOpportunities on or before 2 p.m., the Monday, 10 days prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications shall be posted under the respective Project via the Procurement Portal httr)s://fortworthtexas.bonfirehub.com/Dortal/?tab=oDenODDortanities 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cityproject No. 106091 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 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 will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 01 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https://codelibrar.amlegal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cityproject No. 106091 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.2. All blanks on the Bid Form must be completed and the Bid Form signed electronically or signed in ink and scan. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted electronically in the Procurement Portal on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal httDs://fortworthtexas.bonfirehub.com/Dortal/?tab=oDenODDortunities. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cityproject No. 106091 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cityproject No. 106091 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 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 httus://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 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Cityproject No. 106091 Revised/Updated 1/17/24 003513 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.tx.us) httos://www.ethics.state.tx,us/data/forms/conflict/CIS.D-d-f ® CIQ Form does not apply ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary �j CIS Form does not apply ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: END OF SECTION By: PtSH\cfJ S"}a1�hlTl Signature:� Title: CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised February 24, 2020 Addendum No. 1 00 41 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: 2025 Concrete Restoration Contract 4 City Project No.: 106091 Units/Sections: 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice' means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice' means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice' means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH 2O25 Concrete Restoration Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 4 City Project No. 106N1 Revised 9130/2021 Addendum No. 1 00 41 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. NONE b. - C. d. e. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE 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 subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised 9/30/2021 Addendum No. 1 shown in this proposal and then totaling all of the extended amounts. 6.3. Total Bid Total Bid 7. Bid Submittal This Bid is submitted on Respec4�z� By: (Signature) (Printed Name) Title: Cfc0 Company: Address: l� RCS c "[X State of Incorporation: q6:C\'Nrs Email: f�S��cc�nQ \%tYYVa • �a ~^ Phone: 3 OS ---�6 d --RC0S END OF SECTION $2,149,650.00 by the entity named below. Receipt is acknowledged of the followinq Addenda. Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Corporate Seal: 00 41 00 BID FORM Page 3 of 3 Initial CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised 9/30/2021 Addendum No. 1 00 42 43 BID PROPOSAL Page I of I SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Infortnazion Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid value No. Section No. Measuro Quantity 1 0170.0101 Specified Remobilization 01 70 00 EA 1 50,000.00 $50,000.001 2 0135.0101 Railroad Coordination 0135 13 LS 1 10,000.00 $10,000.001 3 0135.0102 Railroad Flagmen 0135 13 WD 30 1,300.00 $39,000.001 4 0241.0401 Remove Concrete Drive 0241 13 SF 2,000 2.00 $4,000.00 1 5 3213.0401 6" Concrete Driveway 32 1320 SF 2,000 8.00 $16,000.001 6 024 1. 1000 Remove Conc Pvmt 0241 15 SY 13,000 24.00 $312,000.00 1 7 3213.0104 9" Concrete Pavement 32 13 13 SY 13,000 95.00 $1,235,000.001 8 3123.0102 Unclassified Excavation by Survey 3123 16 CY 800 30.00 $24,000.00 1 9 9999.0003 Flexible base, Type A, GR-2 32 11 23 CY 1,300 50.00 $65.000.00 1 10 9999.0004 Geogrid Tensar (TRIAX 140-475) or Approved Equal 99 99 00 SY 7,800 2.00 $15,600.00 1 11 3212.0401 HMAC Transition 32 12 16 TN 30 300.00 $9,000.001 12 3292.0100 Block Sod Replacement 3292 13 SY 3,500 15.00 $52,500.00 1 13 3291.0100 Topsoil 3291 19 CY 250 43.00 $10.750.001 14 3213.0700 Joint Sealant 32 1373 LF 1,000 2.00 $2,000.001 15 0241.0300 Remove ADA Ramp 0241 13 EA 5 500.00 $2,500.00 1 16 3213.0506 Barrier Free Ramp, Type P-1 32 1320 EA 5 2,000.00 $10,000.00 1 17 0241.0100 Remove Sidewalk 0241 13 SF 400 2.00 $800.00 1 18 3213.0301 4" Conc Sidewalk 32 1320 SF 400 8.00 $3,200.001 19 3305.0107 Manhole Adjustment, Minor 3305 14 EA 10 500.00 $5,000.001 20 3217.5001 Curb Address Painting 32 1725 EA 5 250.00 $1,250.001 21 3305.0111 Valve Box Adjustment 3305 14 EA 5 250.00 $1.250.001 22 3305.0118 Meter Box Adjustment 3305 14 EA 5 500.00 $2,500.00 1 23 3217.0501 24" SLD Pvmt Marking HAE (W) 32 1723 LF 200 20.00 $4,000.00 1 24 3217.2001 Raised Marker TY W 32 1723 EA 500 20.00 $10,000.00 1 25 3217.2002 Raised Marker TY Y 32 1723 EA 300 20.00 $6,000.001 26 3217.2103 REFL Raised Marker TYII-A-A 32 1723 EA 200 20.00 $4,000.00 1 27 3217.2104 REFL Raised Marker TYII-C-R 32 1723 EA 200 20.00 $4,000.00 1 28 3217.1012 Preformed Thermoplastic Contrast Markings - Railroad Legend 32 1723 EA 4 1,600.00 $6,400.001 29 3217. 10 10 Preformed Thermoplastic Contrast Markings - Legend Single Head Curve Arrows 32 17 23 EA 6 500.00 $3.000.00 1 30 3217.1003 Preformed Thermoplastic Contrast Markings - 24" Stop Bars 32 1723 LF 300 30.00 $9,000.00 1 31 3217.1011 Preformed Thermoplastic Contrast Marking - Legend Only 32 1723 EA 2 600.00 $1,200.001 32 3217.1023 Preformed Thermoplastic Contrast markings - Legend Straight Arrows 32 1723 EA 2 600.00 $1,200.00 1 33 3217.0201 8" SLD Pvmt Marking HAS (W) 32 1723 LF 300 10.00 $3.000.00 1 34 3305.0105 Inlet Adjustment 330514 EA 3 4,000.00 $12,000.001 35 3471.0001 Traffic Control 3471 13 MO 7 3,500.00 $24,500.00 1 36 3346.0007 4" Pipe Underdrain, Type 7 33 46 00 LF 100 50.00 $5,000.00 1 37 9999.0001 Irrigation Adjustment & landscape Repair Allowance (Imgation) 99 99 00 LS 1 35,000.00 $35.000.00 1 38 9999.0002 Construction Allowance 99 99 00 LS 1 150,000.00 $150,000.00 1 Total Bid 1 $2,149,650.001 END OF SECTION CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Proles No. 106091 Revised 9/30/2021 Addendum No. 1 SECTION 00 43 13 BID BO ND KNOW ALL BY THESE PRESENTS: 004313 810 BOND Page 1 of 2 That we, Vernara, LLC , known as "Bidder" herein and Western National Mutual Insurance Company a corporate surety duly, authored to do business in the State of Texas, known as "Surety" herein, are hell and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant Cou ty, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as 2025 Concrete Restoration Contract 4 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 shatl 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 Principars 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 3rd day of —April , 2025. ATTEST: �i1��L�Yh>,n4�-,,,x Witness as o Principal vh Njn�� Crry OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 93D=I PRINCIPAL: Vernara. LLC BY: Aj�_, 7 Signature Rio CANT I - Name and Title 2075Cm MRmuabMCoMan4 City P'Oed No. 10"I AddwA— No 1 Witness s to Surety Angie Astran, Client Manager Attach Power of Attorney (Surety) for Attorney -in -Fact Address: 17250 Dallas Pkwv Dallas, TX 75248 SURETY: Western National Mutual Insurance Company BY: Ii'�✓ !' ' �� Signature Brent M. Blonigan, Attomev-in-Fact Name and Title Address: P.O. Box 1463 Minneapolis. MN 55440 Telephone Number: 952-935-5350 00 43 13 BID BOND Page 2 of 2 *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. :121RX11111 F1*A111t6IN CITY OF FORT WORTH 2O25 Cowele Restoration Corawt 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised W311 21 Addi rdan No.. 1 W WESTERN NATIONAL 1'he rt•lafinri.hr�r rcn..1—Y POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute, and appoint: Debbie Palmer, Kara Pierce, Brent Blonigan Its true and lawful Attomey(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows: All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/100 Dollars (S7,500,000.00) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010: RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney -in -fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December , 2020. s SEA.. Jennifer A. Young, Secretary Mark S. Hewitt, Vice President, Surety STATE OF MINNESOTA, COUNTY OF HENNEPIN On this 16th day of December, 2020, personally came before me, Jennifer A. Young and Mark S. Hewitt and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. 00, EENNOURY I EDfrR1gD1NOTARI'nieucMIN ESOM '`"""Y1onBm"" " Deena Anjali Entrikin, Notary Public My commission expires January 31, 2029 CERTIFICATE I, the undersigned, Secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERT!FY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of yirecturs set forth in the Power of Attorney, are now in force. • 9 9;SCHL' Signed and sealed at the City of Edina, MN this ,day of ri tna7 Jennifer A. Young, Secretary 0 Rios, Leonel From: Tracy L. Kyle <tracy.kyle@wnins.com> Sent: Tuesday, June 10, 2025 10:05 AM To: Brent Blonigan; Rios, Leonel Subject: RE: Bond #77456 Verification-Vernara LLC. This email is from an unknown sender Report Suspicious This is the first time you are receiving an email from this sender. __J Leonel, I am the underwriter for this account. I am confirming the validity of the bonds that were provided by Vernara, LLC. Please let me know if you have any questions or need any further assistance. Thank you, Tracy L. Kyle I Surety Territory Manager Western National Insurance Group - The Relationship Company@ Serving policyholders of Western National Mutual, Western National Assurance, Pioneer Specialty, & Umialik 4700 West 77th Street, Edina, MN 55435-4818 1 www.wnins.com E� Email: tracv.kvlea.wnins.com 2 Direct: 952.921-5652 1 W Office: 800.862.60701 1 W Cell: 405.602.4374 g Fax: 952-921-92601 *>. TOP 200 'NONKPLACES 2021-2024 From: Brent Blonigan <bb@grayhawkins.com> Sent: Monday, June 9, 2025 8:29 AM To: Rios, Leonel <Leonel.Rios@fortworthtexas.gov> Cc: Tracy L. Kyle <tracy.kyle@wnins.com> Subject: RE: Bond #77456 Verification-Vernara LLC. EXTERNAL EMAIL: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning Lionel These bonds are valid. The underwriter for Western National has been copied. If you need anything else, please do not hesitate to reach out. Brent M. Blonigan i From: Rios, Leonel<Leone1.Rios @fortworthtexas.Rov> Sent: Monday, June 9, 2025 8:17 AM To: Brent Blonigan <bb@Rravhawkins.com> Subject: Bond #77456 Verification-Vernara LLC. Caution: External Good Morning, The City of Fort Worth requires bond verification before a contract can be executed. We have received the following bonds from Vernara LLC.: Bond #77456, in the amount of $2,149,650.00, issued by Western Natioinal Mutual Insurance Company for City Project #106091, 2025 Concrete Restoration Contract 4. Please confirm that the bonds and corresponding amounts are valid so we can proceed with awarding the contract to Vernara LLC. Thank you, Leond J. Rios Contract Compliance Specialist Transportation Public Works 817-392-7233 (office) 100 Fort Worth Trail, Fort Worth, Texas 76102 leonel.riosC&,FortWorthTexas.2ov FORT WT Working together to build a strong community CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. This email has been scanned by Inbound Shield. This email message is intended for the sole use of the intended recipient(s) and may contain confidential or privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy and delete all copies of the original message. 00 43 37 VENDOR COMPLIANCE TO STATE LA 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 nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. BIDDER: A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of are not required to underbid resident bidders. , our principal place of business, B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. F END OF SECTION By: ftm AA J.,o c (Signature) Title: C-FO Date: Avn\ zvpl 2d iS CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised 9/30/2021 Addendum No. 1 fx145 12 T'REQUAt.IEICATIiJN 19I ATEMf_NT Page 1 of '1 SECTION 130 4512 1DREQUALIPICATION STATEMENT Each Bidder for is 'City procurement is required to complete Ithe information bellow by iden't'Ifying the prequaiified contractors and/or subcontrac ors whom they intend to utilize for the major work types) listed. MajorWork Type Contractor/Subcontractor Company Name hrequaiiTication En)'Iration (Date Cx1 i�m IJe • 1 'rA�.On{` J N�,encco�s INONE N'r �P�C c�+�rt,c#l;o+ '15 The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: 0 0 0 0 END OF SECTION By: 0 141< %V 1Q'St4r\1 (Signature) Title: 0 C04-� Date: �p�1 3� �2� CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 09/30/2021 2025 Concrete Restoration Contract 4 City Prgect No. 1D6091 Addendum No 1 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 106091. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Company 02& Pt-0-4Y Address By: &�* AN H T1 (Please Print) Signature: —AJt4-U- 2'-t g Title City/State/Zip THE STATE OF TEXAS II COUNTY OF TAP466 •T Cv' I Its Q5V (Please Print) 25 BEFORE ME, the undersigned authority, on this day personally appeared 26 Ars �km IR&GS"TV , known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of V eKA.. l_1L for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 1?31 GIVEN UNJDER MY HAND AND SEAL OF OFFICE this day of 32 , 20� 33 34 c 35/��^ 36 oiary Public in and for the State of Texas 37 .,w CHARISSE ESAW 38 My Notary ID # 134260707 ND OF SECTION .a +� Fxpires March 20, 2027 39 CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City project No. 106091 Revised July 1, 2011 00 45 40 - 1 Business Equity Goal Page 1 of 2 I SECTION 00 45 40 2 Business Equity Goal 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 6 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 7 (M/WBEs). 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity I I Firms when applicable, in the procurement of all goods and services. All requirements and regulations 12 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 13 2020 (codified at: httDs://codelibrarv.amleizal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593) apply to 14 this bid. 15 16 BUSINESS EOUITY PROJECT GOAL 17 The City's Business Equity goal on this project is 7.18% 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-Prot6g6 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=openOpportunities 33 OR received no later than 2:00 p.m., on the third City business day after the bid opening date, 34 exclusive of the bid opening date with the respective Project via the Procurement Portal by 35 responding to the message sent within Bonfire to all the bidders. It is highly encouraged that bidders 36 submit required documentation at the time of bid submission. 37 38 The Offeror must submit one or more of the following documents: 39 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 40 2. Letter of Intent, for all M/WBE Subcontractors; 41 3. Good Faith Effort Form and Utilization Form, including supporting documentation, if 42 participation is less than stated goal, or no Business Equity participation is accomplished; 43 4. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 44 all subcontracting/supplier opportunities; or 45 5. Joint Venture/Mentor-Prot6g6 Form, if goal is met or exceeded with a Joint Venture or Mentor- 46 Prot6g6 participation. 47 48 These forms can be accessed at: 49 Business Equity Utilization Form and Letter of Intent CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City project No. 106091 Revised June 7, 2024 00 45 40 - 2 Business Equity Goal Page 2 of 2 1 httDs://apes.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Business Ea_uity Utilization 2 Form DVIN 2022 220324.ndf 3 4 Letter of Intent 5 httDs://anus.fortworthtexas.aov/Pro_iectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 6 2021.Ddf 7 8 Business Equity Good Faith Effort Form 9 httDs://anus.fortworthtexas.Rov/Pro_iectResources/ResourcesP/60 - MWBE/Good Faith Effort 10 Form DVIN2022.Ddf 11 12 Business Equity Prime Contractor Waiver Form 13 httDs://anus.fortworthtexas.aov/Pro_iectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 14 Waiver-220313.Ddf 15 16 Business Equity Joint Venture Form 17 httDs://apes.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/MWBE Joint 18 Venture 220225.Ddf 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUITY DOCUMENTATION OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. For Questions, Please Contact the Business Equity Division of the Access and Opportunity Services Department at (817) 392-2674. END OF SECTION CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City project No. 106091 Revised June 7, 2024 00 52 43 - 1 Agreement SECTION 00 52 43 Page 1 of 6 AGREEMENT THIS AGREEMENT, authorized on 06/10/2025, 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 VERNARA LLC, authorized to do business in Texas, acting by and throu h its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: 2025 Concrete Restoration Contract 4 City Project Number 106091 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of Two Million, One Hundred Forty -Nine Thousand, Six Hundred Fifty and 00/100 Dollars ($2,149,650.001. 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 180 days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred Fifty and 00/100 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised March 3, 2024 00 52 43 - 2 Agreement Page 2 of 6 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance Certification Form (ACORD or equivalent) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specificallv intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by anv act, omission or negligence of the citv. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised March 3, 2024 00 52 43 - 3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by anv act, omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised March 3, 2024 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2276 of the Texas Government Code. To the extent that Chapter 2276 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code. To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised March 3, 2024 00 52 43 - 5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised March 3, 2024 00 52 43 - 6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: By: Ashkan Beheshti (Jun 5, 2025 19:05 CDT) Signature Ashkan Beheshti (Printed Name) CEO Title 17250 Dallas PKWY Address Dallas/TX/75248 City/State/Zip 06/05/2025 Date CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised March 3, 2024 City of Fort Worth By: Jesica McEachern Assistant City Manager 06/19/2025 Date pao �nnb� a A F FOR. *1� O Fo Attest: ono ,p ygoEX p5ao Jannette Goodall, City Secretary (Seal) M&C: 25-0530 Date: 06/10/2025 Approved as to Form and Legality: QUO—V Douglas Black (Jun 13, 202512:53 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: de ..,..71a-1 Lauren Prieur (Jun 13, 2025 09:44 CDT) Lauren Prieur, Director, Transportation and Public Works Department 2025 Concrete Restoration Contract 4 City Project No. 106091 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Bond No. 77459 1 2 3 4 5 6 7 8 SECTION 00 6113 PERFORMANCE BOND THE STATE OF TEXAS § COUNTY OF TARRANT § That we, Vemara LLC, Western National Mutual Insurance Company 0061 13- 1 PERFORMANCE BOND Page 1 of 2 KNOW ALL BY THESE PRESENTS: known as "Principal' herein and , a corporate surety(sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Two Million, One 12 Hundred Fortv-Nine Thousand, Six Hundred Fifty and 00/100 Dollars ($2,149,650.00), lawful 13 money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of 14 which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, 15 successors and assigns, jointly and severally, firmly by these presents. 16 WHEREAS, the Principal has entered into a certain written contract with the City awarded 17 the loth day of June, 2025 which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 19 defined by law, in the prosecution of the Work, including any Change Orders, as provided for in 20 said Contract designated as 2025 Concrete Restoration Contract 4, City Project No. 106091 21 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 22 shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 23 perform the Work, including Change Orders, under the Contract, according to the plans, 24 specifications, and contract documents therein referred to, and as well during any period of 25 extension of the Contract that may be granted on the part of the City, then this obligation shall be 26 and become null and void, otherwise to remain in full force and effect. 27 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 28 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 29 Worth Division. 30 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 31 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 32 accordance with the provisions of said statue. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised December 8, 2023 2 006113-2 PERFORMANCE BOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 1 Oth day of .tune 3 2025 . 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 ATTEST: (Itr ncipal) Se �.; r Witness as to Principal itnes to Su Angie Astran, Clien Manager PRINCIPAL: Vernara, LLC BY:rL _ Signature I Z r___ U Name and Title Address: 17250 Dallas Pkwv Dallas, TX 75248 SURETY: Western National Mutual Insurance Camoam BY: Signature L Brent M. Blonigan, Attomev-in-F_act4 Name and Title Address: P.O. Box 1463 Minneapolis. MN 55440 Telephone Number: 952-935-5350 Email Address: bbCa�gravhawkins.com *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised December 8, 2023 W WefTRIIIN NATIONAL Itte ,do(in^✓uD �^D^^Y POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute, and appoint: Debbie Palmer, Kara Pierce, Brent Blonigan Its true and lawful Attomey(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows: All written instruments in an amount not to exceed an aggregate of seven Million Five Hundred Thousand and 00/100 Dollars ($7,500,000.00) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010: RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December , 2020. O:opooq�••.9� =. zT''c a •. 'Z 5 9 s� y.SEAL-'- Jennifer A. Young, Secretary Mark S. Hewitt, Vice President, Surety STATE OF MINNESOTA, COUNTY OF HENNEPIN On this 16th day of December, 2020, personally came before me, Jennifer A. Young and Mark S. Hewitt and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. DffNANOTNtYwMJC �.�Z+��/y fi � WIES= 1Aj0aimb" SOIn v3vwn Deena Anjali Entrikin, Notary Public My commission expires January 31. 2029 CERTIFICATE I, the undersigned, Secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directar., set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Edina, MN this Lday f Jennifer A. Young, Secretary Bond No. 77456 1 2 3 4 5 6 0061 14 - 1 PAYMENT BOND Pagel of 2 SECTION 00 6114 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § 7 That we, Vernara LLC, known as "Principal' herein, and 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Western National Mutual Insurance Company , a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of Two Million, One Hundred Fortv-Nine Thousand and Six Hundred Fifty and 00/100. Dollars ($2,149,650.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the 1 Oth day of June, 2025, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as 2025 Concrete Restoration Contract 4, City Project No. 106091. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. 26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 28 accordance with the provisions of said statute. 29 CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised December S, 2023 0061 14 - 2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 1Oth day of 3 June 120 25 4 PRINCIPAL: Vemara, LC ATTEST: BY: Signature �Q 11 ('�O (PP1'hclpal) Sec , tary Name and Title Address: 17250 Dallas Pkwy Dallas, TX 75248 &ss akPrincipal SURETY: Western National Mutual Insurance Com?any ATTEST: BY:Signature Brent M. Blonigan, Attorney -in -Fact - (Surety) Secretary Name and Title Address: P.O. Box 1463 Minneapolis, MN 55440 fitness as to gurety Angie Astran, Client Manager Telephone Number: 952-935-5350 Email Address: bb@grayhawkins.com 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws 7 showing that this person has authority to sign such obligation. If Surety's physical address is 8 different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised December 9, 2023 W WzsTt RN NATIONAL Ifie mlarxrns�rp inmpuny POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute, and appoint: Debbie Palmer, Kara Pierce, Brent Blonigan Its true and lawful Attomey(s) -in -Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows: All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/100 Dollars ($7,500,000.00) for any single obligation, regardless of the number of instruments issued for the obligation, and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010: RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December, 2020. •' ��NPvo UTL ': o i• ZT:•G F . Z Jennifer A. Young, Secretary Mark S. Hewitt, Vice President, Surety STATE OF MINNESOTA, COUNTY OF HENNEPIN On this 16th day of December. 2020, personally came before me, Jennifer A. Young and Mark S. Hewitt and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. DEENrAM i 6NTRg1 WTARY NC NOPUl Mpt*s 91 �nova V3V N Deena Anjali Entrikin, Notary Public My commission expires January 31, 2029 CERTIFICATE I, the undersigned, Secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY t! at the fore doing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directorz set forth in the Power of Attorney, are now in force. q E AcA' �yy r Signed and sealed at the City of Edina, MN thisLday f Jennifer A. Young, Secretary Bond No.77456 2 3 4 THE STATE OF TEXAS 5 6 COUNTY OF TARRANT 7 That we Vernara 0061 19 - I MAINTENANCE BOND Page 1 of 3 SECTION 00 6119 MAINTENANCE BOND § KNOW ALL BY THESE PRESENTS: LLC, known as "Principal' herein and 8 Western National Mutual Insurance Company , a corporate surety (sureties, if more than 9 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 10 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 11 pursuant to the laws of the State of Texas, known as "City" herein, in the sum of Two Million. One 12 Hundred Fortv-Nine Thousand. Six Hundred Fifty and 00/100 Dollars ($2.149.650.00), lawful 13 money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which 14 sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, 15 administrators, successors and assigns, jointly and severally, firmly by these presents. 16 17 WHEREAS, the Principal has entered into a certain written contract with the City awarded 18 the 1 Oth day of June, 2025 which Contract is hereby referred to and a made part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories 20 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 21 authorized Change Order (collectively herein, the "Work") as provided for in said contract and 22 designated as 2025 Concrete Restoration Contract 4, City Project No. 106091; and 23 24 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 25 accordance with the plans, specifications and Contract Documents that the Work is and will remain 26 free from defects in materials or workmanship for and during the period of two (2) years after the 27 date of Final Acceptance of the Work by the City ("Maintenance Period"); and 28 29 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 30 receiving notice from the City of the need therefor at any time within the Maintenance Period. 31 CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised December 8, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 0061 19-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH 2O25 Concrete Restoration Contract 4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No. 106091 Revised December 8, 2023 K 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 006119-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 10th day of .tune , 20 25 . ATTEST: (Mncipal) Secre fM Witness as to Principal ATTEST: % (Sure ) Secretary Y Witness to Surety Angie Astran, Client Manager PRINCIPAL: Vernara, L BY: _. Signature —� _P6\tv-M Tc, Name and Title Address: 17250 Dallas Pkmd4 Dallas, TX 75248 SURETY: Western National Mutual Insurance Company BY: �. Signature ' Brent M. Blonigan, Attorney -it? -Fact Name and Title Address: P.O. Box 1463 Minneapolis, MN 55440 Telephone Number: 952-935-5350 Email Address: bbOgrayhawkins.com *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 2025 Concrete Restoration Contract 4 City Project No. 106091 W WESTRRN NATIONAL M. ,ekfi,w Aw POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Western National Mutual Insurance Company, a Minnesota mutual insurance company, does make, constitute, and appoint: Debbie Palmer, Kara Pierce, Brent Bionigan Its true and lawful Attomey(s)-in-Fact, with full power and authority for and on behalf of the Company as surety, to execute and deliver and affix the seal of the Company thereto (if a seal is required) bond, undertakings recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, hazardous waste remediation bonds or black lung bonds), as follows: All written instruments in an amount not to exceed an aggregate of Seven Million Five Hundred Thousand and 00/100 Dollars ($7,500,000.00) for any single obligation, regardless of the number of instruments issued for the obligation. and to bind Western National Mutual Insurance Company thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a meeting held on September 28, 2010. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of Western National Mutual Insurance Company on September 28, 2010: RESOLVED that the president, any vice president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attomeys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds, and said officers may remove any such attomey-in-fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the Company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, Western National Mutual Insurance Company has caused these presents to be signed by its proper officer and its corporate seal to be affixed this 16th day of December , 2020. 9 I� W€,.SEAL;;: \_ � • Jennifer A. Young, Secretary Mark S. Hewitt, Vice President, Surety STATE OF MINNESOTA, COUNTY OF HENNEPIN On this 16th day of December. 2020, personally came before me, Jennifer A. Young and Mark S. Hewitt and to me known to be the individuals and officers of the Western National Mutual Insurance Company who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally dispose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. NOTWPUNIX 'yCan i10nO°"" Deena Anjali Entrikin, Notary Public My commission expires January 31, 2029 CERTIFICATE I, the undersigned, Secretary of the Western National Mutual Insurance Company, a Minnesota corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directof set forth in the Power of Attorney, are now in force. •", NPL MG., TG , ?•(C•�aVON� f'�': �r Signed and sealed at the City of Edina, MN this#day f Jennifer A. Young, Secretary FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: 2025 Concrete Restoration 4 M&C: 25-0530 CPN: 106091 CSO: Date: 06/10/25 To: Name 1. Donnette Murphy 2. Patricia Wadsack 3. Lauren Prior 4. Lorita Lyles 5. Doug Black 6. Jesica McEachern 7 Ronald Gonzales g Jannette Goodall 9 Allison Tidwell 10. TPW Contracts Department Initials Risk -Approver DM TPW Approver TPW-signer 17 Legal -Approver « '-- Legal-Signer D. g�BI.,k ACM -Signer CM CSCO-Approver zo,o..... CSCO-Signer CSCO-Form Filler - TPW DOC#: Date Out 06/10/25 06/13/25 06/13/25 06/13/25 06/13/25 06/19/25 06/20/25 06/20/25 Jun 20, 2025 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: []YES ®No RUSH: []YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Re uired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File Link to General Conditions ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts a@fortworthtexas. qvv for pickup when complete. Call eat. 7233 or eat. 8363 with questions. Thank you!