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Contract 48366
i CRY SECREYARY CIYY SCR ETAKf CMITR E. FILE &CO, p,G ING CO. .2 CONSTRU UONS COPY CLIENT DEPARTMENT PROJECT MANUAL i FOR THE CONSTRUCTION OF Transportation Connections for Pedestrians and Bicycles Project CSJ: 0902-90-001 Federal Aid Project: STP 2011 (226) TE City Project No.: 01734 Betsy Price Mayor City Manager Richard Zavala Director, Parks and Community Services Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Clarence Bryant Project Manager, Parks and Community Services Department Prepared for: City of Fort Worth Parks and Community Services Department and TxDOT May 2016 Halff Associates, Inc. --- 1201 North Bowser Road FOFFICIALECJR11Richardson, TX 75081-2275 ETR► 00 00 00-1 TABLE OF CONTENTS Page 1 of 2 1 SECTION 00 00 00 2 TABLE OF CONTENTS 3 4 Division 00- General Conditions 5 00 05 10 Mayor and Council Communication 6 0005 15 Addenda 7 0011 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 00 41 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 0045 11 Bidders Prequalifications 14 0045 12 Prequalification Statement 15 00 45 13 Bidder Prequalification Application 16 00 45 26 Contractor Compliance with Workers'Compensation Law 17 00 45 40 Disadvantage Business Enterprises (DBE) 18 00 52 43 Agreement 19 0061 13 Performance Bond 20 0061 14 Payment Bond 21 0061 25 Certificate of Insurance 22 00 72 00 General Conditions 23 007300 Supplementary Conditions 24 25 Division 01 - General Requirements 26 01 1100 Summary of Work 27 01 23 00 Alternates 28 01 2500 Substitution Procedures 29 01 31 19 Preconstruction Meeting 30 01 3120 Project Meetings 31 01 32 16 Construction Progress Schedule 32 01 3233 Preconstruction Video 33 01 3300 Submittals 34 01 35 13 Special Project Procedures 35 01 4523 Testing and Inspection Services 36 01 5000 Temporary Facilities and Controls 37 01 5526 Street Use Permit and Modifications to Traffic Control 38 01 58 13 Temporary Project Signage 39 01 6000 Product Requirements 40 01 6600 Product Storage and Handling Requirements 41 01 70 00 Mobilization and Remobilization 42 01 71 23 Construction Staking and Survey 43 01 74 23 Cleaning 44 0177 19 Closeout Requirements 45 01 78 23 Operation and Maintenance Data 46 01 78 39 Project Record Documents 47 48 49 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised July 1,2011 City Project Number:01734 DIVISION 00-GENERAL CONDITIONS M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA Fo RTWORTH COUNCIL ACTION: Approved on 10/11/2016 REFERENCE 80TRANSPORTATION DATE: 10/11/2016 NO.: C-27964 LOG NAME: CONNECTIONS FOR PEDESTRIANS AND BICYCLES CODE: C TYPE: NON- PUBLIC NO CONSENT HEARING: SUBJECT: Authorize Execution of a Construction Contract with The Fain Group, Inc., in the Amount of$3,222,964.25 for the Construction of the Transportation Connections for Pedestrians and Bicycles Project Phase II and Provide for Additional Project Costs and Contingencies in the Amount of$242,094.47 for a Total Construction Cost of$3,465,058.72 (COUNCIL DISTRICTS 4 and 9) RECOMMENDATION: It is recommended that the City Council authorize the execution of a construction contract with The Fain Group, Inc., in the amount of$3,222,964.25 for the construction of the Neighborhood Transportation Connections for Pedestrians and Bicycles Project Phase II. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the award and execution of a construction contract with The Fain Group, Inc., in the amount of$3,222,964.25, for the construction of the Neighborhood Transportation Connections for Pedestrians and Bicycles Project Phase II. The Neighborhood Transportation Connections for Pedestrians and Bicycles Project includes five connections that provide Fort Worth neighborhoods access to the Trinity River Trails. Specific improvements will include paved trails, sidewalks, pedestrian bridges and on-street bike lane striping. The five connections associated with this project were identified in the Trinity River Vision Neighborhood Recreation Enhancement Plan which was adopted by City Council on August 4, 2009 (M&C G-16638) and are listed below: Phase I (M&C C-273892 1. Westcreek Drive Trail Linkage (COUNCIL DISTRICT 9) 2. River Park Trailhead improvements (COUNCIL DISTRICT 3) 3. Oakland Boulevard Bike Lanes and Sidewalks (COUNCIL DISTRICTS 4 AND 8) Phase II (this M&C): 4. Quanah Parker Park Connection (COUNCIL DISTRICT 4) 5. Mistletoe Heights Neighborhood-Forest Park Connection (COUNCIL DISTRICT 9) On May 3, 2011 (M&C G-17267), the City Council authorized execution of a Local Project Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for a Transportation Enhancement Program - Neighborhood Transportation Connections for Pedestrians and Bicycles Project Grant. The 80 percent federal participation is $4,416,100.00 while the 20 percent local participation share is $1,104,025.00 (plus 100 percent of any overruns), together totaling $5,520,125.00. The local share of the grant is funded through a donation of$865,260.00 from Streams & Valleys, Inc., gas well revenue in the amount of$13,765.13 and the 2004 Bond Program in the amount of$224,999.87. Funds of$81,520.76 were also allocated from the 2004 Bond Program to fully fund the project. Additional local funding of$500,000.00 is also necessary due to construction cost escalations during the M&C Review lengthy Texas Department of Transportation review process. During the Fiscal Year 2016 capital funds reconciliation, savings were identified in the 2013 Certificates of Obligation for Athletic Field Lighting and the Walks and Trails programs along and unspent 2004 bonds from the Walks and Trails Replacement program and were allocated to cover this shortfall. Finally, $400,000.00 was included in the 2014 Bond Program for a low water crossing of the river, allowing achievement of the grant project scope without requiring a lane reduction on the Handley Ederville Road bridge. Total appropriations are summarized below: Source M&C Current proposed Total A ro riations 31001 -2009 STEP G-17267 $5,520,125.00 N/A $5,520,125.00 39801 -2004 Bond Program 01 $ 81,520.76 N/A $ 81,520.76 39801 -2004 Bond Program G-18637 $ 56,978.27 N/A $ 56,978.27 39801 -2013 Certificates of Obligation G-18637 $ 443,052.14 N/A $ 443,052.14 34014-2014 Bond Program 0 $ 400 000.00 N/A $ 400 000.00 TOTAL 1 $6,501,676.17 N/A $6,501,676.17 This project will be partially funded through the 2014 Bond Program. Available resources within the General Fund will be used to provide interim financing for these expenses until debt is issued. Once debt associated with this project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse which was adopted as part of the ordinance canvassing the bond election (Ordinance No. 21241-05-2014) and the subsequent ordinance authorizing the issuance of the debt (Ordinance No. 22216-05-2016). On September 11, 2012 (M&C C-25819), the City Council authorized the award of an Engineering Agreement with Halff Associates, Inc., in the amount of$749,823.00 for the design and engineering of this project (City Secretary No.43789). Subsequent contract amendments No. 1 through No. 4 (January 27, 2015, M&C C-27163) totaling $239,800.00 brought the total design cost to $989,623.00. On July 21, 2015 (M&C C-27389), the City Council authorized the award of a construction contract for Phase I in the amount of$1,438,687.96 to The Fain Group, Inc. Upon the conclusion of the design development and construction plans for Phase II, the project was advertised for bids on June 30, 2016 and July 7, 2016 in the Fort Worth Star-Telegram. On July 28, 2016, the following bids were received and tabulated: BIDDERS *LOW BASE BID TOTALS PLUS BID ALT $ *The Fain Group, Inc. 1 $3,222,964.25 Cole Construction 1 $3,498,087.00 Scott Tucker Construction Company $3,512,605.50 North Rock Construction 1 $3,563,720.13 Base Bid improvements include: concrete trails, retaining walls and pedestrian bridges. The bid alternate, consists of a low water crossing spanning the Trinity River and concrete trail connections. An annual maintenance cost of$32,230.00 is expected for this project. Construction is anticipated to commence in November 2016 and be completed by August 2017. Contract time is 235 working days. M/WBE OFFICE: The Fain Group, Inc., is in compliance with the Texas Department of Transportation (TxDOT) DBE Policy by committing to two percent DBE participation and documenting good faith effort. The Fain Group, Inc., identified several subcontracting and supplier opportunities. However, the DBE's contacted in the areas identified did not respond or did not submit the lowest bids. The TxDOT DBE goal on this project is seven percent. Project location is in COUNCIL DISTRICT 4 and 9. FISCAL INFORMATION/CERTIFICATION: M&C Review of the Grant Capital Projects Fund, the 2014 Bond Program and the PACS Improvement Fund, Transportation Connections for Bicycles and Pedestrians Project. 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 I I ID I I Year Chartfield 2 Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: David Creek (5744) ATTACHMENTS 1295 Form.pdf Project Map 100.pdf 00 11 135-1 ADDENDA Paget of 2 1 SECTION 00 05 15 2 ADDENDUM NO.1 3 4 PROJECT: Pedestrian and Bicycle Transportation Connection 5 6 FEDERAL AID PROJECT NO.: CSJ: 0902-90-001 7 8 CITY PROJECT NUMBER: 01734 9 10 OWNER: City of Fort Worth 11 12 CONSULTING ENGINEER: Halff Associates, Inc. 13 1201 North Bowser Road 14 Richardson,TX 75081 15 TBPLS Firm No. 10029600 16 (214)346-6200 17 18 DATE OF ADDENDUM: July 25,2016,Monday 19 20 DATE OF BID OPENING: July 28,2016, Thursday 21 22 INSTRUCTION TO BIDDERS: Bidders shall acknowledge receipt of this Addendum 23 No.l on the following items. 24 25 1. Plan Sheets Modifications 26 a. Added in General Notes,sheet 3(22). 27 i. Pier Construction for the Mistletoe Heights bridge shall be limited to 28 the months of November to March to avoid sedimentation at Clear 29 Fork the Trinity River. The City of Fort Worth and TRWD shall be 30 notified prior to construction. 31 b. Added in General Notes,sheet 3(23). 32 i. The Clear Fork Trinity River normal pool elevation shown was taken 33 at the time of survey. Contractors to verify the normal pool elevation 34 with the City of Fort Worth and TRWD prior to construction. 35 c. Label added to structural sheets 109 and 113. 36 i. All items in this section are subsidiary to item 4054. 37 - 38 2. Project Manual Modifications 39 40 a. TxDOT form 1391Section added: 41 ii. Form FHWA 1391 has been added to project manual for contractor 42 to complete. 43 44 45 46 47 48 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised July 1,2011 City Project Number:01734 00 11 135-2 ADDENDA Page 2 of 2 1 This addendum is being conveyed to all plan holders via email and City's Buzzsaw website. 2 Email delivery receipts shall constitute notification and receipt of this addendum. Failure to 3 return a signed copy of this addendum with the Proposal shall be grounds for rendering the bid 4 non-responsive. A signed copy of this addendum shall be placed into the Proposal at the time of 5 bid submittal. 6 7 / /_. Receipt owledged: 1 8Axx 9 Keith Freeman,P.E. By: Larry Frazier 10 Design Engineer,Halff Associates,Inc. 11 Co pany: The Fain Group,Inc. 11 C04 0 12 13 14 Karence Bryant Jr. 15 Project Manager, City of Fort Worth 16 17 J 18 END OF SECTION I� I I CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised July 1,2011 City Project Number:01734 00 11 13- 1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 RECEIPT OF BIDS 4 Sealed bids for the construction of Transportation Connections for Pedestrians and Bicycles will 5 be received by the City of Fort Worth Purchasing Office: 6 7 City of Fort Worth 8 Purchasing Division 9 1000 Throckmorton Street 10 Fort Worth, Texas 76102 11 until 1:30 P.M. CST,Thursday,July 28,2016, and bids will be opened publicly and read aloud 12 at 2:00 PM CST in the Council Chambers. 13 14 GENERAL DESCRIPTION OF WORK 15 The major work will consist of the(approximate)following: earthwork, utilities, concrete trail 16 paving, low water crossing,pedestrian bridges, retaining walls,trail pavement markings. 17 18 PREQUALIFICATION 19 The improvements included in this project must be performed by a contractor who is prequalified 20 by the City and TxDOT at the time of bid opening. The procedures for qualification and 21 prequalification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 22 23 DOCUMENT EXAMINATION AND PROCUREMENTS 24 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 25 of Fort Worth's Purchasing Division website at http://www.fortwortlitexas.gov/purchasing/and 26 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 27 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 28 suppliers. 29 30 PREBID CONFERENCE 31 A prebid conference will be held as described in Section 00 21 13 - INSTRUCTIONS TO 32 BIDDERS at the following location, date, and time: 33 34 DATE: Tuesday,July 12,2016 (Pre-bid Conference) 35 36 TIME: 1:30 PM 37 38 PLACE: 4200 South Freeway, Suite 2200 39 Fort Worth,Texas 76115 40 41 LOCATION: Parks and Community Services Department office are located on the 2nd floor of 42 the La Gran Plaza Shopping Mall. Enter at the South East entrance (near the five 43 flag poles),then take the stairs of elevator to the 2nd floor. 44 45 SITE WALK THROUGH 46 A site walk through will be held at 9am on July 14, 2016. Meeting locations and other details will 47 be discussed at the pre-bid meeting. 48 49 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised July 1,2011 City Project Number:01734 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 6 00 - GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm,partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. - 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders 33 34 3.1.The City and TxDOT reserves the right to require any pre-qualified contractor who is the 35 apparent low bidder(s) for a project to submit such additional information as the City or 36 TxDOT, in its sole discretion may require, including but not limited to manpower and 37 equipment records, information about key personnel to be assigned to the project, and 38 construction schedule,to assist the City and TxDOT in evaluating and assessing the 39 ability of the apparent low bidder(s)to deliver a quality product and successfully 40 complete projects for the amount bid within the stipulated time frame. Based upon the 41 City's and TxDOT's assessment of the submitted information, a recommendation 42 regarding the award of a contract will be made to the City Council. Failure to submit the i 43 additional information, if requested, may be grounds for rejecting the apparent low 44 bidder as non-responsive. Affected contractors will be notified in writing of a 45 recommendation to the City Council. 46 47 3.2. In addition to prequalification, additional requirements for qualification may be required 48 within various sections of the Contract Documents. 49 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised August 17,2012 City Project Number:01734 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 - 1 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 2 cost of doing the Work,time required for its completion, and obtain all information 3 required to make a proposal. Bidders shall rely exclusively and solely upon their 4 own estimates, investigation, research,tests, explorations, and other data which are 5 necessary for full and complete information upon which the proposal is to be based. 6 It is understood that the submission of a proposal is prima-facie evidence that the 7 Bidder has made the investigation, examinations and tests herein required. Claims 8 for additional compensation due to variations between conditions actually 9 encountered in construction and as indicated in the Contract Documents will not be 10 allowed. 11 12 4.1.8. Promptly notify City of all conflicts, errors, ambiguities or discrepancies in or 13 between the Contract Documents and such other related documents. The Contractor 14 shall not take advantage of any gross error or omission in the Contract Documents, 15 and the City shall be permitted to make such corrections or interpretations as may 16 be deemed necessary for fulfillment of the intent of the Contract Documents. 17 18 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of- 19 20 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 21 the site which have been utilized by City in preparation of the Contract Documents. 22 The logs of Soil Borings, if any, on the plans are for general information only. 23 Neither the City nor the Engineer guarantee that the data shown is representative of 24 conditions which actually exist. 25 26 4.2.2. those drawings of physical conditions in or relating to existing surface and 27 subsurface structures (except Underground Facilities)which are at or contiguous to 28 the site that have been utilized by City in preparation of the Contract Documents. 29 30 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 31 on request. Those reports and drawings may not be part of the Contract 32 Documents, but the "technical data" contained therein upon which Bidder is entitled - 33 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 34 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 35 responsible for any interpretation or conclusion drawn from any "technical data" or 36 any other data, interpretations, opinions or information. 37 38 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 39 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 40 exception the Bid is premised upon performing and furnishing the Work required by the 41 Contract Documents and applying the specific means, methods,techniques, sequences or 42 procedures of construction(if any)that may be shown or indicated or expressly required 43 by the Contract Documents, (iii)that Bidder has given City written notice of all 44 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 45 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 46 etc.,have not been resolved through the interpretations by City as described in 47 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 48 and convey understanding of all terms and conditions for performing and furnishing the 49 Work. 50 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised August 17,2012 City Project Number:01734 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 2 City. 3 4 6.3.Addenda or clarifications may be posted via Buzzsaw at: 5 http://www.fortworthtexas.gov/purchasing/ 6 7 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 8 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 9 Project. Bidders are encouraged to attend and participate in the conference. City will 10 transmit to all prospective Bidders of record such Addenda as City considers necessary 11 in response to questions arising at the conference. Oral statements may not be relied 12 upon and will not be binding or legally effective. 13 14 7. Bid Security 15 16 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 17 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 18 the requirements of Paragraphs 5.01 of the General Conditions. 19 20 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 21 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 22 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 23 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 24 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 25 other Bidders whom City believes to have a reasonable chance of receiving the award 26 will be retained by City until final contract execution. 27 28 8. Contract Times 29 The number of days within which, or the dates by which,Milestones are to be achieved in 30 accordance with the General Requirements and the Work is to be completed and ready for 31 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 32 attached Bid Form. - 33 34 9. Liquidated Damages 35 Provisions for liquidated damages are set forth in the Agreement. 36 37 10. Substitute and "Or-Equal" Items 38 The Contract, if awarded,will be on the basis of materials and equipment described in the 39 Bidding Documents without consideration of possible substitute or "or-equal" items. 40 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 41 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 42 City, application for such acceptance will not be considered by City until after the Effective 43 Date of the Agreement. The procedure for submission of any such application by Contractor 44 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 45 Conditions and is supplemented in Section 0125 00 of the General Requirements. 46 47 48 49 50 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised August 17,2012 City Project Number:01734 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.6. Bids by individuals shall show the Bidder's name and official address. 2 3 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 4 indicated on the Bid Form. The official address of the joint venture shall be shown. 5 6 12.8. All names shall be typed or printed in ink below the signature. 7 8 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 9 which shall be filled in on the Bid Form. 10 11 12.10. Postal and e-mail addresses and telephone number for communications regarding the 12 Bid shall be shown. 13 14 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 15 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 16 to State Law Non Resident Bidder. 17 18 13. Submission of Bids 19 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 20 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 21 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 22 marked with the City Project Number, Project title,the name and address of Bidder, and 23 accompanied by the Bid security and other required documents. If the Bid is sent through the 24 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 25 with the notation "BID ENCLOSED" on the face of it. 26 27 14. Modification and Withdrawal of Bids 28 29 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 30 withdrawn prior to the time set for bid opening. A request for withdrawal must be 31 made in writing by an appropriate document duly executed in the manner that a Bid 32 must be executed and delivered to the place where Bids are to be submitted at any 33 time prior to the opening of Bids. After all Bids not requested for withdrawal are 34 opened and publicly read aloud,the Bids for which a withdrawal request has been 35 properly filed may, at the option of the City, be returned unopened. 36 37 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 38 time set for the closing of Bid receipt. 39 40 15. Opening of Bids 41 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 42 abstract of the amounts of the base Bids and major alternates(if any)will be made available 43 to Bidders after the opening of Bids. 44 45 16. Bids to Remain Subject to Acceptance 46 All Bids will remain subject to acceptance for the time period specified for Notice of Award 47 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 48 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 49 50 17. Evaluation of Bids and Award of Contract 51 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised August 17,2012 City Project Number:01734 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 18. Signing of Agreement 2 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 3 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 4 Contractor shall sign and deliver the required number of counterparts of the Agreement to 5 City with the required Bonds, Certificates of Insurance, and all other required documentation. 6 City shall thereafter deliver one fully signed counterpart to Contractor. 7 8 19. Bidder's Statement of Qualifications 9 Qualification of Bidders: Prime Bidder and all sub-contractors to be used by the bidder in the 10 performance of this project shall be required to demonstrate experience necessary to 11 successfully perform the proposed scope of work. The Prime Bidder's specific (1) 12 experience, (2) stability and(3)history of performance on projects of a similar nature and 13 scope will be considered. The 00 45 12 Bidder's Statement of Qualifications shall be 14 provided to the City for the purpose of evaluating the Prime bidder/subcontractors 15 qualifications. 16 17 18 END OF SECTION i CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised August 17,2012 City Project Number:01734 00 35 13 BID FORM Page 19 of 19 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent(hereinafter also referred to as"you")to a City of Fort Worth (also referred to as"City") procurement are required to complete Conflict of Interest Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work.The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.pdf M CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: The Fain Group, Inc. By: Larry Frazier 1616 N. Sylvania Signature: 0 Fort Worth, Texas 76111 Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 41 00 Bid Form 2016-06-23 00 41 00 BID FORM Page 1 of 19 SECTION 00 41 00 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: Transportation Connections for Pedestrians and Bicycles Park Name City Project No.: Quanah Parker Park 01734 Mistletoe Heights 01734 Units/Sections: Unit 1 -Earthwork and Landscape Unit 2-Subgrade Treatments and Base Unit 3-Surface Courses and Pavement Unit 4-Structures Unit 5-Miscellaneous Construction Unit 6-Lighting,Signing,Markings and Signals Unit 7-Special Specifications Alternate#1 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 JI purposes of this Paragraph: a. 'corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. 'collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION CSJ:0902-90-001 Revised July 1,2011 City Project Number:01734 00 41 00 BID FORM Page 2 of 3 d. "coercive practice"means harming or threatening to harm,directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. None 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 220 working days after the date when 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 shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items Total Base Bid $2,928,874.50 Additive Alternate $294,089.75 Total Bid $3,222,964.25 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION CSJ:0902-90-001 Revised July 1,2011 City Project Number:01734 0041 00 BID FORM Page 3 of 19 7. Bid Submittal This Bid is submitted on 07/28/16 by the entity named below. Respectfully submitte Receipt is acknowledged of initial the following Addenda: By: Addendum No. 1: Signature) Addendum No.2: Addendum No. 3: Larry Frazier Addendum No.4: (Printed Name) Title: President Company: The Fain Group, Inc. Corporate Seal: Address: 1616 N. Sylvania Fort Worth,Texas 76111 State of Incorporation: Texas Email: Ifrazierafaingp.com Phone: 817-927-4388 END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION CSJ:0902-90-001 Revised July 1,2011 City Project Number:01734 00 42 43 BID PROPOSAL Page I of 12 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure Unit 1-Earthwork and Landscape PREPARING /ROW — - 0100-6002 STA 28 dollars and cents $1,000.00 $28,000.00 PREPARING ROW(TREE)(0"TO 6"DIA)- 0100-6008 �j J�c, LAW re✓�.�N ��J� EA 16 dollars and lie) cents $375.001 $6,000.00 PREPARING ROW(TREE)(6"TO 24"DIA))- 0100-6009 �Vf ��nG►(i -�� f EA 53 dollars and IV cents $425.00 $22,525.00 REMOVING CONC(SIDE ` ,W ,ALK)- 0104-6015 Ar i k, I Y` SY 2 `� dollars and AJ cents $35.00 $70.00 REMOVING CONC(CURB AND GUTTER)- 0104-6029 LF 20 dollars and Jcents $14.00 $280.00 EXCAVATION(SPECIAL)- 0110-6003 �71e I.w.1 CY 1,870 dollars and cents $17.001 $31,790.00 EMBANKMENT(FINAL)(DENS CONT)(TY C)- 0132-6006 ¢...,,,�.y fah}— CY 1,872 dollars and $28.00 $52,416.00 BACKFILLING PAVEMENT EDGES(TY A)- 0134-6005 7 ,�y k„„�„ CY 712 -tea dollars and $27.001 $19,224.00 BLOCK SODDING(BERMUDA)- 0162-6002 Lryr(� SY 5,298 dollars and acents $5.00 $26,490.00 BROADCAST SEED(PERM)(URBAN)(CLAY)(NATIVE AMERICAN SHADE-FRIENDLY GRASS)- 0164-6007 ./� SY 2,855 dollars and $0.201 $571.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revisd 20120120 _00 41 00 Bid Fomi_2016-06-23 Submitted 00 42 43 BID PROPOSAL Page 2 of 12 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of gid Quantity Unit Price Bid Value Measure VEGETATIVE WATERING- 0168-6001 MG MG 42 dollars and cents $50.00 $2,100.00 Subtotal Unit 1 $189,466.00 Unit 2-Subgrade Treatments and Base FL BS(CMP IN PLC)TY A FR4(4")- 0247-6212 ! .. t'u A SY 3 dollars and hi ) cents $25.00 $75.00 Subtotal Unit 2 $75.00 Unit 3-Surface Courses and Pavements ASPH(MULTI OPTION) 11- 0316-6034 �� �w�c1v TON 1 dollars and kA cents $500.00 $500.00 Subtotal Unit 3 $500.00 Unit 4-Structures 18"DIA DRILLED SHAFTS 0416-6001 J"C �r e,vt_- ±J LF 392 $ 270.00 dollars and $105,840.00 24"DIA DRILL/ED SHAFTS 0416-6002 44"el— LF 142 $ 300.00 dollars and t7cents $42,600.00 30"DIA DRILLED SHAFTS 0416-6003 4�v� �,�^(� rlLF 200 $ 390.00 dollars and cents $78,000.00 42"DIA DRILLED SHAFTS 0416-6005 LNJ4 LF 78 $ 500.00 dollars and K-1-16 cents 1 $39,000.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00 Bid Fomr 2016-06-23 Submitted 00 42 43 BID PROPOSAL Page 3 of 12 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure 48"DIA DRILLED SHAFTS 0416-6006 LF 92 $ 6,700.00 dollars and cents $616,400.00 CL C CONC(ABUT)(HPC) 0420-6014 CY 40.7 $ 1,025.00 pf"A dollars and cents $41,717.50 CL C CONC(BENT)(HPC) 0420-6026 CY 44.1 $ 3,900.00 Yet. Q tv. YL dollars and $171,990.00 RETAINING WALL(CAST IN PLACE) 4 cents 0423-6008 SF 911 $ 185.00 Qt's a, AA ln, 4{.1 dollars and cents $168,535.00 RIPRAP(CONC)(4 IN) 0432-6001 CY 18 $ 340.00 VCt 1hMfuW A ( dollars and cents $6,120.00 RIPRAP(STONE COMMON)(DRY)(12 IN) 0432-6024 CY 28 $ 170.00 Of`l dollars and cents $4,760.00 BEDDING MATERIAL(6 IN) 0432-6039 CY 14 $ 75.00 dollars and cents $1,050.00 RIPRAP(SPECIAL) 0432-6041 CY 231 $ 460.00 -Cf)ulr Urt"A dollars and cents $106,260.00 RAIL(HANDRAIL)(TYPE E) 0450-6051 LF 223 $ 185.00 ISN /� t.t�V\4ti 4%v t— dollars and 12 cents $41,255.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120120 _00 41 00 Bid Fomi_2016-06-23 Submitted 00 42 43 BID PROPOSAL Page 4 of 12 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure RC PIPE(CL III)(24 IN) 0464-6005 LF 66 $ 85.00 dollars and cents $5,610.00 HEADWALL(CH-FW-0)(DIA.=24") — F 0466-6005 EA 3 $ 2,000.00 dollars and cents $6,000.00 HEADWALL(CH-PW-S)(DIA.=24") 0466-6130 EA 1 $ 3,800.00 J dollars and �C cents $3,800.00 Subtotal Unit 4 $1,438,937.50 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 _00 4100 Bid Fortn_2016-06-23 Submitted 00 42 43 BID PROPOSAL Page 5 of 12 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure Unit 5-Miscellaneous Construction MOBILIZATION- / / J 0500-6001 /; }�, — Se�!e fl 1 40l,SO h G1 LS 2 dollars and �tcents $97,000.00 $194,000.00 BARRICADES SIGNS AND TRAFFIC HANDLING- 0502-6001 C '^ MO 3 dollars and cents $3,000.00 $9,000.00 CONSTRUCTION EXITS(INSTALL)(TY 1)- 0506-6020 /-j p{ SY 170 dollars and cents $15.00 $2,550.00 CONSTRUCTION EXITS(REMOVE)(TY 1)- 0506-6024 SY 170 dollars and cents $11.001 $1,870.00 TEMP SD MT CONT FENCE(INSTALL) 0506-6038 ;,C LF 9,084 dollars and cents $ 1.50 $13,626.00 TEMP SD(IAT CONT FENCE(REMOVE)- 0506-6039 LF 9,084 _ dollars and .`.�� cents $ 0.75 $6,813.00 BIODEGRADABLE EROSION CONTROL LOGS 12"DIA.)- 0506-6041 LF 60 dollars and cents $4.00 $240.00 CONCRETE SIDEWALKS(4")- 0531-6001 �or hl - Y�we SY 10,707 dollars and cents $45.00 $481,815.00 CURB RAMPS(TY 1)- 0531-6004 )ht: SIX Mndr?dl{ EA 1 dollars and ^J, cents $1,600.001 $1,600.00 CHAIN LINK FENCE REMOVE 0550-6003 ��, } LF 223 dollars and /Vol cents $11.00 $2,453.00 Subtotal Unit 5 $713,967.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20120120 _00 41 00—Bid Fomi_2016-06-23 Submitted 00 42 43 BID PROPOSAL Page 6 of 12 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure Unit 6-Lighting,Signing,Markings and Signals ALUMINUM SIGNS(TY A)- 0636-6001 y nl t.th�l/t^j EA 4 dollars and f cents $600.00 $2,400.00 IN SM RD SNSUP&AM TY`10BWG(1)SA(P)- 0644-6001 � k r 4\/ EA 6 dollars and cents $230.001 $1,380.00 REFL PAV MRK TY II(W)(BIKE RR CROSSING)(100 MIL)- / ,� 0666-6201 i vu f /i L4-11 dlrV.(71 EA 2 dollars and / cents $400.00 $800.00 PAVEMENT SEALER FOR MRK/S(BIKE SYMBOL)- 0666-6245 F (I r h�,r�r YDA EA 2 dollars and c, cents $400.001 $800.00 PAV SURF PREP FOR MRK(BIKE RR CROSSING)- 0678-6020 Fol. v �1tih t�rtTl, EA 2 dollars and J(/ cents $400.00 $800.00 Subtotal Unit 6 $6,180.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fomi Remed 20120120 _00 41 00 Bid Fomi_2016-06-23 Submitted 00 42 43 BID PROPOSAL Page 7 of 12 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure Unit 7-Special Specifications POST AND CABLE FENCE(REMOVE AND REPLACE POSTS) 0772-6005 EA 9 r dollars and cents $ 480.00 $4,320.00 POST AND CABLE FENCE(REMOVE AND REPLACE ANCHORS) 0772-6006 EA 9 IY�V,rc dollars and cents $ 300.001 $2,700.00 POST AND CABLE FENCE(REMOVE AND REPLACE CABLE) 0772-6007 LF 138 'h—,c vL dollars and cents $ 12.00 $1,656.00 LANDSCAPE AMENITY(TY 1)(STONE VENEER) 1002-6002 SF 686 V/(, dollars and $ 35.00 $24,010.00 LANDSCAPE AMENITY(TY 2)(STONE COPIN ) 1002-6003 LF 234 S i dollars and cents $ 65.00 $15,210.00 TREE PROTECTION- 1004-6001 EA 89 V-")-tnkij. s-"C'n dollars and cents $ 77.001 $6,853.00 PREDESTRIAN TRUSS BRIDGE SPAN(48.61) 4054 6001 EA 1 $ 60,000.00 51 dollars and cents $60,000.00 PREDESTRIAN TRUSS BRIDGE SPAN(84.83') 4054 6001 EA 1 $ 85,000.00 tlt dollars and cents $85,000.00 PREDESTRIAN TRUSS BRIDGE SPAN(92.44') 4054 6001 EA 1 $ 90,000.00 dollars and 0 cents $90,000.00 PREDESTRIAN TRUSS BRIDGE SPAN(86.53' 4054 6001 EA 1 $ 80,000.00 h N dollars and cents $80,000.00 CITY OF FORT NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 _00 41 00 Bid Foom 2016-06-23 Submitted 00 42 43 BID PROPOSAL Page S of 12 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure PREDESTRIAN TRUSS BRIDGE SPAN(57.2') 4054 6001 EA 1 $ 60,000.00 -31Y* —{ dollars and cents $60,000.00 PREDESTRIAN TRUSS BRIDGE SPAN(120') 4054 6001 EA 1 $ 150,000.00 M hWW&jA dollars and 10 cents $150,000.00 Subtotal Unit 7 $579,749.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fom Revised 20120120 _00 41 00—Bid Fomi_2016-06-23 Submitted 00 42 43 BID PROPOSAL Page 9 of 12 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure Alternate#1 PREPARING ROW - 1 0100-6002 +/1 L n STA 4 dollars and cents $922.00 $3,688.00 PREPARING ROW(TREE)(0"TO 6"DIA)- 0100-6008 t. � /(/L EA 3 dollars and �. cents $355.00 $1,065.00 PREPARING ROW(TREE)(6"TO 24"DIA)- 0100-6009 r6 c r J1 ,d = _ '1 f lot)(A/ EA 15 dollars and CJ cents $474.00 $7,110.00 REMOVE CONCRETE RIPRAP- 0104-6009 Th 1 r 1-r SY 57 dollars and /7 0 cents $30.001 $1,710.00 EXCAVATION(SPECIAL)- 0110-6003 S ) t e .IN CY 2,429 dollars and (� cents $16.00 $38,864.00 EMBANKMENT(FINAL)(DENS CONT)(TY C)- 0132-6006 / �.� L, CY 585 dollars and Mi cents $25.00 $14,625.00 BACKFILLING PAVEMENT EDGES(TY A)- 0134-6005 T -e-f V, CY 85 dollars and n Ucents $25.00 $2,125.00 BLOCK SODDING(BERMUDA)- 0162-6002 SY 3,283 dollars and I U, cents $4.751 $15,594.25 VEGETATIVE WATERIN - 0168-6001 D U!' MG 16 dollars and cents $41.00 $656.00 CL C CONC(FOOTING)(HPC) 0420-6044 ' t-d Io`i C LlH n i��� CY 232 $ 279.00 dollars and no cents $64,728.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fom Revised 20120120 _00 41 00 Bid Fo—2016-06-23 Subnuttd 00 42 43 BID PROPOSAL Page 10 of 12 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of gid Quantity Unit Price Bid Value Measure CL C CONC(SLAB)(HPC) 0422-6002 j �, �c SF 1344 $ 16.00 dollars and vcents $21,504.00 CMP(GAL STL 30")4- 0460-6004 ori e- h1, A,!a— S e LF 392 $ 127.00 dollars and 12a cents $49,784.00 TEMP SD MT CONT FENCE(INSTALL)- 0506-6038 `_ LF 1,275 dollars and cents $ 1.30 $1,657.50 TEMP SD MT CONT FENCE(REMOVE)- 0506-6039 r LF 1,275 dollars and cents $ 0.60 $765.00 CONC SIDEWALKS(4")- 0531-6001 T o SY 1,313 dollars and Yl Ucents $42.00 $55,146.00 GATE SPECIAL- L p 0550-6009 /Gt 7 p�SCwI lu / c nif EA 2 � dollars and �I- $3,322.00 $6,644.00 ALUMINUM SIGIlNS(TY A)-``II L 0636-6001 EA 8 dollars and cents $594.00 $4,752.00 IN SM RD SN SUP&AM TY10BWG(1)SA(P)- � LL 0644-6001 / fwp / r T c^ EA 8 dollars and d cents $213.00 $1,704.00 REFL PAV MRK TY 14"WHITE(SLD)(100 MIL)- 0666-6009 �%(� LF 246 dollars and tcents $5.901 $1,451.40 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fom Revised 20120120 00 41 00 Bid Form 2016-06-23 Submitted 00 42 43 BID PROPOSAL Page 1 I of 12 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure PAVEMENT SEALER FOR MRKS(4")- 0666-6224 LF 246 On-e. dollars and $1.201 $295.20 PAV SURF PREP FOR MRK(4")- 0678-6001 LF 246 dollars and IiCLN cents $0.90 $221.40 Subtotal Alternate#1 $294,089.75 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Fomi Revis d 20120120 _00 41 00 Bid Fomi_2016-06-23 Submitted 00 42 43 BID PROPOSAL Page 12 of 12 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Item No. Description Unit of Bid Quantity Unit Price Bid Value Measure BID SUMMARY Unit 1-Earthwork $189,466.00 Unit 2-Subbase and Base $75.00 Unit 3-Surface Courses and Pavements $500.00 Unit 4-Structures $1,438,937.50 Unit 5-Incidentals $713,967.00 Unit 6-Lighting,Signing,Markings and Signals $6,180.00 Unit 7-Special Specifications $579,749.00 TOTAL BASE BID $2,928,874.50 TOTAL ALTERNATE#1 $294,089.75 TOTAL BID $3,222,964.25 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 _00 4100 Bid Fo—2016-06-23 Submitted 004313 BID BOND Page 12 of 14 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) The Fain Group Inc. hereinafter called the Principal,and(Surety Name) Westfield Insurance Company a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety,are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid and No/100 Dollars ($ 5%GAB .00), the payment of which sum will be well and truly made and the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Transportation Connections for Pedestrians and Bicycles NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal,then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee,without recourse of the Principal and/or Surety,not to exceed the penalty hereof,and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this 28th day of July 2016 BY: The Fain Group,Inc. (Signature and Title of Principal) *By: Westfield In rance pany "-7 Johnny MlOss (Signature of Attorney-of-Fact) *Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 0013d Form THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 05127114,FOR ANY PERSON OR PERSONS NAMED BELOW, General POWER NO. 4220012 01 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio,and having its principal office in Westfield Center, Medina County,Ohio, do by these presents make,constitute and appoint TONY FIERRO,JOHNNY MOSS,JAY JORDAN,MISTIE BECK,JEREMY BARNETT,JADE PORTER,ROBERT G.KANUTH, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorney(s)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GUARANTEE,OR BANK DEPOSITORY BONDS, and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorneys)-in-Fact may do in the Premises. Said appointment is made under and by authority of the I'Dllowmg resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved,that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorneys)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances,contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed b the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designatedpersonand the seal of the Company heretofore or hereafter affixed to any sower of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile eal shall be vafld and binding upon the Company with respect to any bond or undertaking to which it Is attached." (Each adopted at a meeting held on February 8, 2000). In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presentsto be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of MAY A.D.,2014 . Corporate ..+ wu114r qyq' Seals ad"s'...... p` p\,p:"gl•N`nyrNSGP'•, uU WESTFIELD INSURANCE COMPANYNU '' WESTFIELD NATIONAL COMPANY Affixed OHO FARMERSINSURANCE COMPANY s � � ' SEAL a E ;?pn� '• 1648 ! t State of Ohio Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 27th day of MAY A.D.,2014 ,before me personally came Dennis P. Baus to me known,who,being by me duly sworn, did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial Seala1AL Affixed P``'If.% I State of Ohio :N q� ,o �Y David A. Kotnik,Attorney at Law, Notary Public My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) County of Medina ss.: t,. - I I, Frank A.Carrino,Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS JJJ INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executad by said Companies,which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and effect. rar In Witness Whereof I have hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this day of �A.D.,M,,, ,� / 4q a�g�ij5,F ()NA iNSG 111SUQ, SEAL i P =Q' �_ ''•�,"°`,•� ':�'•. :•o;' %':1846: = Frank A. Carrino, Secretary •• .•+ a , y w ..... �, + ' BPOAC2 (combined) (06-02) IMPORTANT NOTICE STATE OF TEXAS COMPLAINT PROCEDURES 1. IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: 2. You may contact your agent. Puede comunicarse con su (title) al (telephone number). 3. You may call Westfield Insurance Company, Usted puede Ilamar al numero de telefono gratis de Westfield National Insurance Company, and/or Westfield Insurance Company, Westfield National Ohio Farmers Insurance Company's toll-free Insurance Company, and/or Ohio Farmers telephone number for information or to make a Insurance Company's para informacion o para complaint at: someter una queja al: 1-800-243-0210 1-800-243-0210 4. You may also write to Westfield Insurance Usted tambien puede escribir a Westfield Insurance Company, Westfield National Insurance Company, Westfield National Insurance Company, and/or Ohio Farmers Insurance Company, and/or Ohio Farmers Insurance Company at: Company: Attn: Bond Claims Attn: Bond Claims One Park Circle One Park Circle P O Box 5001 P O Box 5001 Westfield Center, OH 44251-5001 Westfield Center, OH 44251-5001 Fax#330-887-0840 Fax#330-887-0840 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Sequros de Texas para obtener informacion acerca coverages, rights or complaints at: de companies, coberturas, derechos o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance: Texas: P.O. Box 149104 P.O. Box 149104 Austin, TX 78714-9104 Austin, TX 78714-9104 Fax: (512)475-1771 Fax: (512)475-1771 Web: http://www.tdi.state.tx.us Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.tx.us E-mail: ConsumerProtection aatdi.state.tx.us 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un r or about a claim, you should contact the agent, reclamo, debe comunicarse con el agente, Westfield Westfield Insurance Company, Westfield National Insurance Company, Westfield National Insurance Insurance Company, or Ohio Farmers Insurance Company, o Ohio Farmers Insurance Company Company first. If the dispute is not resolved, you primero. Si no se resuelve la disputa, puede may contact the Texas Department of Insurance. entonces comunicarse con el departamento(TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY: UNA ESTE AVISO A SU POLIZA: Este aviso es This notice is for information only and does not solo para proposito de informacion y no se convierte become a part or condition of the attached document. en parte o condicion del documento adjunto. BD5430 (07-07) 00 43 37-I VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER 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 that 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 specification.The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of our principal place of business,are required to be %(percent)lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business,are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. .iX BIDDER: The Fain Group, Inc. Larry Frazier Company Aig y epresentative: (Please Print Name) 1616 N. Sylvania Address e Fort Worth,TX 76111 President City/State/Zip Title: (Please Print) 10/24/16 Date: END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised July 1,2011 City Project Number:01734 0045 11-1 BIDDERS PREQUALIFICATIONS Pagel of 3 1 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12, Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s)listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven(7) days prior 12 to the date of the opening of bids. For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter, Articles 23 of Incorporation, Articles of Organization, Certificate of Formation, LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun& Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification. These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised July I,2011 City Project Number:01734 0045 11-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised Judy 1,2011 City Project Number:01734 1 004512-1 PREQUALIFICATION STATEMENT Page 1 of 1 SECTION 00 45 12 2 PREQUALIFICATION STATEMENT 3 4 Each Bidder for a City procurement is required to complete the information below by identifying 5 the prequalified contractors and/or subcontractors whom they intend to utilize for the major work 6 type(s)listed. 7 Major Work Prequalification Type Contractor/Subcontractor Company Name Expiration Date Concrete Paving Construction Rw� C&N I I aavt Pavement Markings Removal and Installation Small Road Signs Removal and Installation 8 9 10 The undersigned hereby certifies that the contractors and/or subcontractors described in the table 11 above are currently prequalified for the work types listed. 12 13 BIDDER: 14 15 The Fain Group, Inc. By: Larry Frazier 16 Company (Please Print) 17 18 1616 N. Sylvania Signature: 19 Address 20 21 Fort Worth,Texas 76111 Title: President 22 City/State/Zip (Please Print) 23 24 Date: 07/28/16 25 26 END OF SECTION 27 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised July 1,2011 City Project Number:01734 -�. FORT WORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership General Partnership Name under which you wish to qualify Corporation Limited Liability Company Post Office Box City State Zip Code Street Address(required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 004513-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring- 24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches, and 350 LF or less Tunneling- 36-Inches—60—inches, and greater than 350 LF Tunneling—66" and greater, 350 LF and greater Tunneling—66" and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission, Development,24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal,42-inches and smaller Water Transmission, Development,All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller - Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV,24-inches and smaller CCTV, 42-inches and smaller CCTV,48-inches and smaller CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised December 20,2012 City Project Number:01734 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development,24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal,48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning,24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance(UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction(15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised December 20,2012 City Project Number:01734 0045 13-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: _ 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so, where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised December 20,2012 City Project Number:01734 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY - 13. If any owner, officer, director, or stockholder of your firm is an employee of the City,or shares the same household with a City employee,please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised December 20,2012 City Project Number:01734 0045 13-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general, limited, or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners (if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers (with titles, if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes,partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised December 20,2012 City Project Number:01734 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCESHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 - 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City,by allowing you to show only 30 types of equipment,reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model, and general common description of each. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised December 20,2012 City Project Number:01734 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given;that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an officer,director,or stockholder or relative thereof. CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised December 20,2012 City Project Number:01734 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I j 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended,Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 01585,01577,01586,01576 Contractor further certifies that,pursuant to Texas Labor 6 Code, Section 406.096(b),as amended, it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 9 CONTRACTOR: l 10 11 The Fain Group, Inc. By: Larry Frazier 12 Company (Please Print) 13 I 14 1616 N. Sylvania Signature: 15 Address 16 17 Fort Worth, Texas 76111 Title: President 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME,the undersigned authority,on this day personally appeared 26 F 2 t e C ,known to me to be the person whose name is 1 27 subscribed t�oregoing instrument,and acknowledged to me that he/she executed the same as 1 28 the act and deed of "1 Y\4 , .�� �%i rt )(). `C�-) Q-- for the purposes and 29 consideration therein expressed and in the capacity thereT n stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 28 day of 32 July 12016 33 34 r 35 DONNA CHAPPELL ZC5:m� 36 * * Notary Public State of Texas Nota' Public in and for the St e f Texas 37 "reg e r My Comm.Exp,07-12.2018 38 END OF SECTION 39 f 1 CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised July 1,2011 City Project Number:01734 00 45 40-1 DISADVANTAGED BUSINESS ENTERPRISES GOAL Page 1 of t 1 SECTION 00 45 40 2 DISADVANTAGED BUSINESS ENTERPRISES GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then the DBE subcontracting goal 5 may be applicable. If the total dollar value of the contract is $50,000 or less, the DBE - 6 subcontracting goal is not applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by 10 Disadvantaged Business Enterprises (DBE) in the procurement of all goods and services. All I 1 requirements and regulations stated in the City's current Business Diversity Enterprise Ordinance 12 apply to this bid. 13 14 MBE PROJECT GOAL 15 The City's DBE goal on this project is 7%of the total bid. 16 17 COMPLIANCE TO BID SPECIFICATIONS 18 On City contracts greater than $50,000 where a DBE subcontracting goal is applied, bidders are - 19 required to comply with the intent of the City's Business Diversity Ordinance by one of the 20 following: 21 1. Meet or exceed the above stated DBE goal through DBE subcontracting participation,or 22 2. Meet or exceed the above stated DBE goal through DBE Joint Venture participation,or 23 3. Good Faith Effort documentation,or; 24 4. Waiver documentation. 25 26 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 27 responsive. Any questions, please contact the M/WBE Office at(817) 392-6104. 28 29 SUBMITTAL OF REQUIRED DOCUMENTATION 30 The applicable documents must be received by the Managing Department, within the following 31 times allocated, in order for the entire bid to be considered responsive to the specifications. The, 32 ffero-'shall deliver the MBE documentation in person fo the appropriate employee;of the Managing 33 Depart brei arid obtain a datehime receipt: ,such;receipt shall be evidence that the City received the, 34 documentation in the time allocated: A faxed copy will not be accepted: 35 1. Subcontractor Utilization Form,if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if participation is less than the bid opening date,exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 36 END OF SECTION CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised July 1,2011 City Project Number:01734 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT,authorized on October 11, 2016 is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and The Fain Group,Inc., authorized to do business in Texas, acting by and through its 6 duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Transportation Connections for Pedestrians and Bicycles Project 16 CSJ.• 0902-90-001 17 City Project Number C01734 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 235 working days after the date 24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 25 Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding,the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for delay(but not as a penalty), Contractor shall pay the 34 dollar amount established in special provision to item 000 for each day that expires 35 after the time specified in Paragraph 3.2 for Final Acceptance until the City issues the 36 Final Letter of Acceptance. CITY OF FORT WORTH Transportation Connectionsfor•Pedestrians&Bicycles CSJ.0902-90-001 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number C01734 005243-2 Agreement Page 2 of 4 37 Article 4. CONTRACT PRICE 38 City agrees to pay Contractor for performance of the Work in accordance with the Contract 39 Documents an amount in current funds of Three Million, Tivo Hundred Twenty-Two Thousand, 40 Nine Hundred Sixty-Four and 25/100 DOLLARS ($3,222,964.25). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents (project specific) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MBE and/or SBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH Transportation Connections for Pedestrians&Bicycles CSJ.0902-90-001 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number C01734 005243-3 Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused, in whole or in part, by any act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for _ 85 costs, expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city,its officers,servants and employees,from and against any and all loss, damage 90 or destruction of property of the city,arising out of, or alleged to arise out of,the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in part, 95 by any act,omission or negligence of the city. 96 97 Article 7.MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement which are defined in Article I of the General Conditions will 100 have the meanings indicated in the General Conditions. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the City. 104 7.3 Successors and Assigns. 105 City and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon CITY and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Transportation Connections for Pedestrians&Bicycles CSJ.0902-90-001 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number C01734 005243-4 Agreement Page 4 of 4 117 7.6 Other Provisions. i118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 119 classified, promulgated and set out by the City, a copy of which is attached hereto and 120 made a part hereof the same as if it were copied verbatim herein. 121 7.7 Authority to Sign. 122 Contractor shall attach evidence of authority to sign Agreement, if other than duly 123 authorized signatory of the Contractor. 124 125 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 126 counterparts. 127 128 This Agreement is effective as of the last date signed by the Parties ("Effective Date"). 129 Contractor: City of Fort Worth The Fain Group,Inc. By. _y Susan Alanis o 0°0 ° 1 By: Assistant City Manager Signature) $ Date �1' O gJ ° o Lrry Frazier ° Attest: 000°oo° 1 (Printed Name) City Se retary y� 7 , (Seal) =` Title: President Address: 1616 N. Sylvania M&C G Date: to- 11-4 tZ4s# Zo19-fill ff" City/State/Zip: Fort Worth, Texas 76111 rov as to Form and Legality: Date Douglas W.Black Assistant City Attorney 130 131 132 APPROVAL RECOMMENDED: 133 1 134 J 135 136 ffda 137 138 y Services Department 139 OFFICIALDRECORDCITY SECFT.WO CITY OF FORT WORTH Transportation Connections for Pedestrians and Bicycles J STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CSJ:0902-90-001 Revised July 1,2011 City Project Number:01734 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 Bond#4913897 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, THE FAIN GROUP,INC., known as"Principal"herein and 8 Westfield Insurance 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 Texas, known as"City"herein, in the penal sum of, THREE MILLION, 12 TWO HUNDRED TWENTY-TWO THOUSAND NINE HUNDRED SIXTY-FOUR AND 13 251100 Dollars ($3,222,964.25), lawful money of the United States,to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made,we bind 15 ourselves,our heirs,executors, administrators, successors and assigns,jointly and severally, 16 firmly by these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the 11"' day of October,2016 which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and 20 other accessories defined by law, in the prosecution ofthe Work, including any Change Orders, 21 as provided for in said Contract designated as Transportation Connections'for Pedestrians and 22 Bicycles Proiect 23 CSJ. 0902-90-001 24 City Project Number C01734; 25 NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall 26 faithfirlly perforin it obligations under the Contract and shall in all respects duly and faithfully 27 perform the Work, including Change Orders, under the Contract,according to the plans, 28 specifications, and contract documents therein referred to, and as well during any period of 29 extension of the Contract that may be granted on the part of the City,then this obligation shall be 30 and become null and void,otherwise to remain in full force and effect, 31 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 32 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 33 Worth Division. CITY OF FORT WORTH Transportation Connections•for Pedestrians&Bicycles CSI:0902-90-001 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number C01734 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in j 3 accordance with the provisions of said statue. N 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duty authorized agents and officers on this 11`h day of October,2016. 6 PRINCIPAL: 7 The Fain Group,Inc. 8 9 10 BY: I I SigrQture 12 AT EST: 13 14 15 i cr Secretary 'Name and Title 16 17 Address: PO Box 750 18 Fort Worth TX 76101 19 20 21 Witness as to Principal 22 SURETY: I23 Westfield Insurance Company 24 25 ' 26 BY. 9 27 Signature 28 29 Mistie Beck Attorney-in-fact 30 Name and Title 31 32 Address: 2255 Ridge Rd.#333 33 Rockwall TX 75087 34 35 36ss as o ety Marilyn Blanch Telephone Number: 972-772-7220 37 38 39 40 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 CITY OF FORT WORTH Transportation Connections jar Pedestrians&Bicycles CSI:0902-90-001 I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 001734 9 Revised July 1,2011 0061 14-1 PAYMENTBOND Page I of 2 1 SECTION 00 6114 Bond#4913897 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, THE FAIN GROUP INC, known as "Principal" herein, and 8 Westfield Insurance Company a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of THREE MILLION, TWO HUNDRED TWENTY-TWO THOUSAND, NINE 13 HUNDRED SIXTY-FOUR AND 25/100 Dollars ($3,222,964.25), lawful money of the United 14 States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and 15 truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 16 jointly and severally,firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the " 18 11t1i day of October,2016 which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein,to furnish all materials,equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as Transportation Connections for Pedestrians and Bicycles Project 22 CSJ.• 0902-90-001 23 City Project Number C01734 24 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if 25 Principal shall pay all monies owing to any(and all)payment bond beneficiary(as defined in 26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 27 the Contract,then this obligation shall be and become null and void; otherwise to remain in full 28 force and effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 31 accordance with the provisions of said statute. 32 CITY OF FORT WORTH Transportation Connectionsfor Pedestrians&Bicycles CSI:0902-90-001 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number C01734 Revised July 1,2011 0061 14-2 PAYMENTBOND 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 111h day of October,2016, 3 PRINCIPAL: The Fain(Iroup,Inc ATTEST: BY: i atur rru ip Secretary Name and Title Address: P O Box 750 Fort Worth,TX 76101 �Wit2n`=ssaso&Princlifaf SURETY: Westfield Insurance Company �*ATTEST: BY: Signature N/A Mistie Beck,Attorney-in-fact (Surety) Secretary Name and Title Address: 2255 Ridge Rd.#333 Rockwall,TX 75087 J Wit ess a S ety Marilyn ranch Telephone Number: 972-772-7220 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION I1 CITY OF FORT WORTH Transportation Connectionsjor Pedestrians&Bicycles CSJ:0902-90-001 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Ch),Project Number C01734 Revised July 1,2011 0061 19-1 MAINTENANCE BOND Page I of 3 ] SECTION 00 6119 Bond#4913897 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we THE FAIN GROUP,INC., known as"Principal"herein and 9 Westfield Insurance Company ,a corporate surety(sureties, if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one I I or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City"herein, in the sum of THREE 13 MILLION, TWO HUNDRED TWENTY-TWO THOUSAND,NINE HUNDRED SIXTY- 14 FOUR AND 25/100 Dollars($3,222,964.25), lawful money of the United States,to be paid in 15 Fort Worth,Tarrant County,Texas,for payment of which sum well and truly be made unto the 16 City and its successors,we bind ourselves, our heirs,executors,administrators,successors and 17 assigns,jointly and severally,firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 20 le day of October,2016 which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein,to furnish all materials, equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 24 designated as Ti-ansnortation Connections for Pedestrians and Bicycles Proiect 25 CSJ.• 0902-90-001 26 City Prosect Number C01734;and 27 28 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 29 accordance with the plans,specifications and Contract Documents that the Work is and will 30 remain free from defects in materials or workmanship for and during the period of two(2)years 31 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and ._a. 32 33 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 34 upon receiving notice from the City of the need therefor at any time within the Maintenance 35 Period. CITY OF FORT WORTH Transportation Co ntections for Pedestrians&Bicycles CSI:0902-90-001 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 001734 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and ll 12 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 14 Worth Division; and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH Transportation Connections for Pedestrians&Bicycles CSI:0902-90-001 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project M nrber C01734 Revised July 1,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 11"'day of October,2016. 3 4 PRINCIPAL: 5 The Fain Crrnup Inc. 6 7 8 BY: 9 ign •e I0 ATT T: 11 12ZZ pm ,IDkl 13rind a Secretary Name and Ti 14 15 Address: PO Box 750 16 Fort Worth TX 76101 17 18 19 Witness as to Principal 20 SURETY: 21 Westfield Insurance C'nm ap ny 22 23 24 B 25 Signature 26 27 Mistie Beck,Attorney-in-fact 28 ATTEST: Name and Title 29 30 N/A Address: 2255 Ridge Rd.#333 31 (Surety) SecrgZry Rockwall,TX 75087 32 33 34i ess a S ety Marilyn ranch Telephone Number: 972-772-7220 35 36 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 (1) CITY OF FORT WORTH Transportation Connections for Pedestrians&Bicycles CSJ:0902-90-001 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number C01734 Revised July 1,2011 THIS POWER OF ATTORNEY SUPERCEDES ANY PREVIOUS POWER BEARING THIS SAME POWER#AND ISSUED PRIOR TO 05/27/14,FOR ANY PERSON OR PERSONS NAMED BELOW. General POWER NO, 4220012 01 Power Westfield Insurance Co. of Attorney Westfield National Insurance Co. CERTIFIED COPY Ohio Farmers Insurance Co. Westfield Center, Ohio Know All Men by These Presents, That WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, corporations, hereinafter referred to Individually as a "Company" and collectively as "Companies," duly organized and existing under the laws of the State of Ohio,and having its principal office in Westr eld Center, Medina County,Ohio,do by these presents make,constitute and appoint TONY FIERRO,JOHNNY MOSS,JAY JORDAN,MISTIE BECK,JEREMY BARNEfT,JADE PORTER,ROBERT G.KANUTH, JOINTLY OR SEVERALLY of ROCKWALL and State of TX its true and lawful Attorneys)-in-Fact,with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings, or other instruments or contracts of suretyship- - - - - - - - -- - - - - - • - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - -- - - LIMITATION: THIS POWER OF ATTORNEY CANNOT BE USED TO EXECUTE NOTE GUARANTEE, MORTGAGE DEFICIENCY, MORTGAGE GG AI� —RANTEE,OR BANK DEPOSITORY BONDS. and to bind any of the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seal of the applicable Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolution adopted by the Board of Directors of each of the WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY: "Be It Resolved, that the President,any Senior Executive,any Secretary or any Fidelity&Surety Operations Executive or other Executive shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: The Attorney-in-Fact. may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver, any and all bonds, recognizances,contracts, agreements of indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such Instruments so executed by any such Attorney-in-Fact shall be as binding upon the Company as if signed b the President and sealed and attested by the Corporate Secretary." "Be it Further Resolved,that the signature of any such designatedpersonand the seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signatures or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached." (Each adopted at a meeting held on February 8, 2000), In Witness Whereof, WESTFIELD INSURANCE COMPANY, WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY have caused these presents to be signed by their National Surety Leader and Senior Executive and their corporate seals to be hereto affixed this 27th day of MAY A.D.,2014 . Corpora- 1 1,1141yry h" uuu,,,,,,1 r, ,q, SealsnN !!bs°c, +r�S1N5U WESTFIELD INSURANCE COMPANY Affixed��v•' a. ++�= ;-o;' Ga ' ``� �'e�`�: OHIO WESTFIELD NATIONAL INSURANCE COMPAN ANCE COMPANY .w; 9_ =4'• AAT g ro SEAL 6H FRfO- :N, m :a= 'fj'i`••,,`•n.0� Aj�� •ig413 �•��,� r/ V�+�h!.7 • State of Ohio "'""" ""....""' """""'"�, By Dennis P. Baus, National Surety Leader and County of Medina ss.: Senior Executive On this 27th day of MAY A.D.,2014 ,before me personally came Dennis P. Baus to me known,who, being by me duly sworn,did depose and say, that he resides in Wooster, Ohio; that he is National Surety Leader and Senior Executive of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY,the companies described in and which executed the above instrument;that he knows the seals of said Companies;that the seals affixed to said instrument are such corporate seals;that they were so affixed by order of the Boards of Directors of said Companies;and that he signed his name thereto by like order. Notarial Seal Ft1 A✓, 5` Affixed tP:....,..., o. David A. Kotnik,Attorney at Law, Notary Public State of Ohio :V% J0 My Commission Does Not Expire(Sec.147.03 Ohio Revised Code) County of Medina ss.: +L, rFpF �` 1, Frank A.Carrino, Secretary of WESTFIELD INSURANCE COMPANY,WESTFIELD NATIONAL INSURANCE COMPANY and OHIO FARMERS INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Companies, which is still in full force and effect;and furthermore,the resolutions of the Boards of Directors, set out in the Power of Attorney are in full force and effect, 1In Witness Whereof, I have/hereunto set my hand and affixed the seals of said Companies at Westfield Center, Ohio, this// d`ay of cl�CL►K^}.e", ,SufldA7e"f" •`a�tONAL 11l$U r tr► ikt 7G ' ,-:LL SEAL znW. 'CH1JlTER�O' t 3 ro = :m: al 7�a Secretary '•., �'rr:{� yz,, •`o"•` 1848:pt; Frank A. Carrino, Secretary BPOAC2 (combined) (06-02) 7 ® DATE(MM/DD/YYYY) AC"R" CERTIFICATE OF LIABILITY INSURANCE 1/27/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Donna Walker NAME: K&S Insurance Agency PHONE Ext: (972)771-4071 A/C No:(972)771-4695 2255 Ridge Road, Ste. 333 ADDRREss:dwalker@kandsins.com P. 0. Box 277 INSURERS AFFORDING COVERAGE NAIC q Rockwall TX 75087 INSURERA:Cincinnati Insurance Companies 10677 INSURED INSURER B:Texas Mutual Insurance Co. 22945 The Fain Group, Inc. INSURER C: P.O. BOX 750 INSURER D: INSURER E: Ft Worth TX 76101 INSURER F: COVERAGES CERTIFICATE NUMBER:16-17 Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MNUDDY EXP LIMITS LTR1=WVD COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE ❑X OCCUR DAMAGE TO RENTED 500,000 PREMISES Ea occurrence $ EPP0060286 2/1/2016 2/1/2017 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY JE LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 _ A IX ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED ERA0060286 2/1/2016 2/1/2017 BODILY INJURY(Per accident) $ AUTOS AUTOS NON OWNED PROPERTY DAMAGE $ HIRED AUTOS X AUTOS (Per PIP-Basic accident) $ 2,500 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED RETENTION$ None EP P0060286 2/1/2016 2/1/2017 $ WORKERS COMPENSATION X STATUTE I OT EERH AND EMPLOYERS'LIABILITY Y�ANY PROPRIETOR/PARTNER/EXECUTIVE N/A E.L.EACH ACCIDENT $ 1,000,000 B (Mandatory EMBERn NH)EXCLUDED? TSF0001220220 2/1/2016 2/1/2017 E.L.DISEASE-EA EMPLOYE $ 1,000,000 (Mandatory in NH) If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Project: Pedestrians and Bicycles Transportation Connections #01734 *Additional Insured, Primary/Non-contributory & Waiver of Subrogation form #GA233 02/07 applies to the General Liability policy. *Additional Insured form AA4171 11/05 & Waiver of Subrogation form AA4172 09/09 apply to the Auto Liability policy. *Waiver of Subrogation form #WC420304B applies to the Workers Compensation policy. *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS & EXCLUSIONS. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 Throckmorton ACCORDANCE WITH THE POLICY PROVISIONS. Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Johnny Moss/WALKER ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage..................................................................................................2 2. Unintentional Failure to Disclose Hazards..........................................................................................7 3. Damage to Premises Rented to You...................................................................................................8 4. Supplementary Payments ...................................................................................................................9 5. Medical Payments................................................................................................................................9 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b.).........................................................................................................9 7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10 8. Waiver of Subrogation.......................................................................................................................10 9. Automatic Additional Insured-Specified Relationships: ................................................................10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions-Permits Relating to Premises; f • State or Political Subdivisions-Permits;and • Contractors'Operations 10. Broadened Contractual Liability-Work Within 50'of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment.......................................................................................14 12. Employees as Insureds-Specified Health Care Services: ..................................................... ......14 • Nurses; • Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence......................................................................................................14 i I B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment,except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You f The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15 I 6. Voluntary Property Damage (Coverage a.)and Care,Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles(Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM a) Area (For Limits in Excess of (For Limits in Excess of b) Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- 1. Employee Benefit Liability Coverage since in the payment of a. The following is added to SECTION I judgments or settle- COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act,er- ror or omission of the in- (b) This insurance applies to sured, or of any other per- damages only if the act, or- son for whose acts the in- ror or omission, is negli- sured is legally liable, to gently committed in the which this insurance ap- administration of your plies. We will have the right employee benefit pro- and duty to defend the in- gram';and sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period;or However, we will have no duty to defend against any 2) Occurredprior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have a report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE;and claim or "suit" when any 2) Our right and duty to "authorized repro- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 2 of 15 i) Reports all, or formance of investment any part,of the vehicles;or act, error or 3 Advice given to an omission o er ) person ith respect to or any other p P :insurer; that person's decision !I) Receives a tparticipate participate an notto lan written or ver- eludd in the plan demand or ployee benefit pro- claim for dam- gram". ages because of the act, or- (#) Workers' Compensation ror or omis- and Similar Laws slon;and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ante. any workers'compensation, unemployment compensa- (2) Exclusions tion insurance, socia[ secu- rity or disability benefits law This insurance does not apply to: or any similar law. (a) Bodily Injury, Property (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of liability imposed on a fiduci- "Bodi[y injury+", "property ary by the Employee Re- damage or personal and tirement Income Security advertising injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason- including the willful or reek- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, I tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law, Insufficiency of funds to Employment-Related meet any obligations under U) Pratics any plan included in the employee benefit pro- Any liability arising out of gram., any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, evaluation, reassign- 1) Failure of any invest- ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office,Inc.,with its permission. Page 3 of 15 i ment-related practices, (e) A trust, you are an insured. acts or omissions;or Your trustees are also in- 4 Consequential liability in- sureds, but only with re- ( ) q y spect to their duties as as a result of(1), (2) or trustees. (3)above. (2) Each of the following is also an This exclusion applies insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or "employees" having proper temporary authori- (3) Supplementary Payments zation to administer your employee benefit program" SECTION I - COVERAGES, if you die, but only until your SUPPLEMENTARY PAY legai representative is ap- MENTS - COVERAGES A AND pointed. 8 also apply to this Coverage. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. fly Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have all your rights and du- tirety and replaced by the following: ties under this Coverage Fart. (1). If you are designated in the (3) Any organization you newly ac- Declarations as: quire or.form, other than a part- - (a) An individual, you and your nershlp, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify - which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint von- age under this provision: Lure, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th day after you acquire also insureds but only with or form the organization or respect to the conduct of the end of the policy period, your business. whichever is earlier;and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business. ganization• Your managers are in C. Limits of insurance sureds, but only with re- spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION [if - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- executive officers" and di- ance, 1. Employee Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. ' Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 4 of 15 i (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages (c) Persons or organizations sustained by any one "em- making claims or bringing ployee", including such "suits"; "employee's" dependents (d) Acts,errors or omissions;or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability right Coverage of this endorsement 1) Our g ht and duty to Is the most we will pay for all defend the insured damages because of acts, er- against any "suits" rors or omissions negligently seeking those dam- committed in the "administra- ages;and tion" of your "employee benefit 2} Your duties, and the program'. duties of any other In- (3) Subject to the limit described In volved. insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission,or claim, of insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may.pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: claim or "suit" and, upon notification of the action (a) An act,error or omission;or taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts,errors or omissions, negligently committed In the As respects Employee Benefit Li- "administration" of your "em- COMM COMMERCIAL GEN GENERAL LIA IL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in Its entirety and 1 apply to the payment of benefits replaced by the following: in any plan included in the em- ployee benefit program 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission,or Claim or Suit a Our obligation to a dam- a. You must see to it that we are not!- (a) g pay fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no- amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred;and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 b. if a claim is made or"suit" is brought b. Method of Sharing against any insured,you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received;and we will follow this (2) Noti us as soon as practicable. method also. Under fy p this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or"suit" as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first, (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or"suit'; contribute by limits. (2) Authorize us to obtain records Under this method,each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- plicable limits of insur- ance defense against the "suit"; ance of all insurers. and (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any foss for tion which may be liable to the which the insured is r insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in to the effective date of sured's own cost, voluntarily make a this Coverage Part. payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- ability Coverage, SECTION V - (2) Item 5. Other Insurance is de- DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other insurance added: If other valid and collectible 1. "Administration"means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or a. Primary Insurance scope of "employee This insurance is pri- benefit programs'; maty except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams'; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then,we "employee benefit pro- will share with all that grams";or other insurance by the method described in b. d. Effecting, continuing or below. terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 6 of 15