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Home My WebLink AboutContract 58812FoRTWORTH CONTRACT FOR THE CONSTRUCTION OF CSC No. 58812 LAKE WORTH TRAIL PHASE 1B City Project No. C01920 Mattie Parker David Cooke Mayor City Manager Richard Zavala Director, Park & Recreation Department ��,pNDSCgpF W COyIS N%9r 2964 +Q� Prepared for: The City of Fort Worth Park & Recreation Department 2022 Prepared by: FREESE 91111 MICHOLS FREESE AND NICHOLS, INC. 4055 International Plaza, Suite 200 Fort Worth, TX 76109 (817)735-7300 Texas Registered Engineering Firm F-2144 OF DAN BADALUTA f98489`O r r N 04XJ j 05/25/2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 05/25/2022 FORT WORTH. "I'll City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pagel of 4 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 00 05 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 00 nc i i �z 09/13O i �z , 00 n c i � �z 09/30�02z , 004 n4i z 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 08/22/2022 0061 13 Performance Bond 07/01/2011 0061 14 Pa ment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 0132 16 Construction Schedule 08/13/2021 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Si na e 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 9, 2022 Lake Worth Trail Phase I 1920 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 4 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 - Existing Conditions Date Modified 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03 - Concrete 03 1000 Concrete Formwork and Accessories - Bride (Structural -Goer) 03 20 00 Concrete Reinforcement - Bride (Structural -Go "er) 03 30 00 Cast -in -Place Concrete - Bride (Structural -Goer) 03 34 13 Cast -In -Place Concrete 03 34 16 Drilled Piers - Bridge 03 80 00 Modifications to Existing Concrete Structures Division 05 — Metals 05 50 00 1 Miscellaneous Metals (Freese and Nichols) Division 10 — Specialties 10 43 00 1 Site Si a e (Freese and Nichols) Division 12 — Furnishings 1167 13 1 Site Furnishings Division 31- Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control 31 37 00 Ri ra Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 01 90 Preservation + Protection of Plant Materials (Freese and Nichols) 32 1216 Asphalt Paving 32 13 13 Concrete Paving 32 1373 Concrete Paving Joint Sealants 32 31 29 Wood Fences and Gates 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro -Mulching, Seeding, and Sodding Division 33 - Utilities CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised December 9, 2022 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 4 33 04 30 Temporary Water Services 3305 10 Utility Trench Excavation, Embedment, and Backfill 3305 14 Adjusting Manholes, Inlets, Valve Boxes, and Other Structures to Grade 33 05 30 Location of Existing Utilities 33 11 12 Polyvinyl Chloride PVC Pressure Pipe 33 1210 Water Services 1-inch to 2-inch 33 1225 Connection to Existing Water Mains 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 3341 11 High Density Polyethylene HDPE Pipe for Storm Drain 3341 12 Reinforced Polyethylene SRPE Pipe 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 3471 13 1 Traffic Control Appendix TxDOT SPECIFICATIONS: 500 — Miscellaneous Construction 529 Concrete Curb, Gutter, and Combined Gutter 540 Metal Beam Guard Fence 600 - Lighting, Signing, Markings, and Signals 644 Small Roadside Sign Assemblies 666 Retro reflectorized Pavement Markings GC-4.01 Geotechnical Investigation (Gorrondona Associates, Report No. FNI1317.00) GC-6.03 Minority and Women Owned Business Enterprise Compliance GC-6.04 Wage Rates GC-6.06 Weather Table END OF SECTION CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised December 9, 2022 City of Fort Worth, Mayor and Texas Council Communication DATE: 11/29/22 M&C FILE NUMBER: M&C 22-0942 LOG NAME: 80LAKE WORTH TRAIL PHASE 1 B COLE SUBJECT (CD 7) Authorize Execution of a Contract with Cole Construction, Inc., in the Amount of $1,821,821.56 for the Construction of the Lake Worth Trail Phase 1 B Project RECOMMENDATION: It is recommended that the City Council authorize execution of a contract with Cole Construction, Inc., in the amount of $1,821,821.56 for the construction of the Lake Worth Trail Phase 1 B project (City Project No. C01920). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a contract with Cole Construction, Inc., in the amount of $1,821,821.56 for the construction of the Lake Worth Trail Phase 1 B project. The project was posted on the City purchasing website on July 7, 2022, and advertised in the Fort Worth Star -Telegram on July 7, 2022, & July 14, 2022. The following bids were received on August 4, 2022. BIDDER BASE BID ALTERNATES (Line Items 3, 5, & 9) TOTAL Cole Construction, Inc $1,756,821.56 $65,000.00 $1,821,821.56 L.J. Design & $1,786,924.00 $65,000.00 $1,851,924.00 Construction, LLC 2L Constr 1$1,878,037.001 $65,000.00 $1,943,037.00 Northstar Construction, LLC $1,919,777.00 $65,000.00 $1,984,777.00 North Rock Construction LLC $2,029,728.26 $65,000.00 $2,094,728.26 Cte Concreures Structaucto LLC $2,055,239.00 $65,000.00 $2,120,239.00 Klutz Construction, LLC $2,384,340.90 $65,000.00 $2,449,340.90 Improvements for this contract include installation of concrete trail, one pedestrian bridge, retaining walls, fencing, signage, drinking fountain, security lighting, benches and a trash receptacle. All selected Alternates (Line Item Numbers 3, 5 & 9) are construction allowances. Construction of this project is anticipated to begin in December 2022 and be completed in September 2023. Funding for this project is budgeted in the Lake Worth Gas Lease Capital Legacy Fund in the Lake Worth Trail Phase 1 B project. Lake Worth Trail Phase 1 B is estimated to increase the Department's annual maintenance by $31,630.00 beginning in Fiscal Year (FY) 2024. As of September 30, 2022, the cumulative total of all previously approved M&C's increased the Department's estimated annual maintenance by $193,603.00 beginning in FY2024. Compliance with the City's Business Equity Ordinance has been achieved by the following method: Cole Construction, Inc., is in compliance with the City's Business Equity Ordinance by committing to 18% Business Equity participation on this project. The City's Business Equity goal for this project is 13%. The Lake Worth Trail Phase 1 B project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Lake Worth Gas Lse Cap Legacy Fund for the Lake Worth Trail - Phase 1 project to support the approval of the above recommendation and execution of the contract. Prior to any expenditure being incurred, the Park and Recreation Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by: Jesica McEachern 5804 Originating Business Unit Head: Dave Lewis 5717 Additional Information Contact: Joel McElhany 5745 Carlos Gonzalez 5734 ADDENDUM #1 Lake Worth Trail Phase 1 B August 01, 2022 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. CLARIFICATIONS 1) The Business Equity Project Goal on the project is 13% 2) Lock+Load Retaining Wall Systems are an acceptable product for the RediRock Retaining wall system. The design shall conform with the contract document design needs and performance requirements. 3) SOL UP2 by Sunna Design is an acceptable solar light product as long as the fixtures provide matching warranty and performance standards of the fixture shown on the plans. 4) The water source for the drinking fountain will be provided by the City at a meter, 1 ". Anticipate 40' of pipe needed to make this connection nearby the ROW. 5) The headwall for the pipe outfalls will be designed by the retaining wall manufacturer to fit into their retaining wall products. 6) Handrail installation on top of retaining walls shall be per wall block manufacturer's standard detailing and design. 7) Pavement Marking pay item #22 is the same as Crosswalk Item. Remove Pavement Marking. 8) For the sign posts use the City standard 2" square. 9) Mobilization is subsidiary to the various bid items. 10)Adjust Traffic Control bid item to 9 months. A new bid form is provided. 11)Refer to Geotech report for information regarding lime stabilization under the 6" trail. Use this in place of compacted subgrade referred to in construction details. CONSTRUCTION DRAWINGS REFER TO SHEET L1.01 ADD the following description information for 40 LF Link Pedestrian Contech Bridge Span 1. Rail Option: Vertical Picket/Pipe Handrail 2. Decking: Wood 3. Finish: Dark Green Painted Steel, Submit colors for selection. PROJECT MANUAL REFER TO SECTION TABLE OF CONTENTS 1. REMOVE and REPLACE with updated version. REFER TO SECTION 00 42 43 PROPOSAL FORM 1. REMOVE and REPLACE with updated version. REFER TO SECTION 01 55 26 STREET USE PERMIT 1. ADD this spec section to the manual REFER TO SECTION 01 70 00 MOBILIZATION AND REMOBILIZATION 1. REMOVE and REPLACE section 1.02 price and payment procedures. REFER TO SECTION 02 41 15 PAVING REMOVAL 1. ADD this spec section to the manual REFER TO SECTION 32 01 29 CONCRETE PAVING REPAIR 1. ADD this spec section to the manual REFER TO SECTION 32 11 29 LIME TREATED BASE COURSE 1. ADD this spec section to the manual REFER TO SECTION 32 92 13 SODDING 1. ADD this spec section to the manual REFER TO SECTION 33 11 12 POLYVINYL CHLORIDE (PVC) PRESSURE PIPE 1. ADD this spec section to the manual REFER TO SECTION 34 71 13 TRAFFIC CONTROL 1. REMOVE and REPLACE section 1.5 submittals END OF ADDENDUM #1 Bid Opening Date: August 01, 2022 Acknowledge the receipt of this Addendum on your Proposal. Digitally signed by a2541862-72e1-448b- a92f-5dda7701 fcd2 Date: 2022.08.01 10:50:34-05'00' Carlos M Gonzalez, Project Manager Release Date: August 01, 2022 ADDENDUM #2 Lake Worth Trail Phase 1 B August 02, 2022 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. CLARIFICATIONS 1) In reference to required concrete pavement 28-day testing strength, refer to Geotech report. 4000 PSI. END OF ADDENDUM #2 Bid Opening Date: August 04, 2022 Acknowledge the receipt of this Addendum on your Proposal. 0 Digitally signed by a2541862-72e1-448b- C a92f-5dda7701fcd2 Date: 2022.08.02 11:33:15-05'00' Carlos M Gonzalez, Project Manager Release Date: August 02, 2022 00 11 13 INVITATION TO BIDDERS Pagel of 2 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of Lake Worth Trails Phase 1B — Marion Sansom Park ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, August 4, 2022 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. C!�&I1017107 1119i 7171Yto) 0Ell AY,1117N The major work will consist of the (approximate) following: The Base bid will include the construction of approx. 3,580 LF of 10' wide concrete trail, related markings, retaining walls, signage, trailhead and (1) one pedestrian bridge along the northeaster edge of Lake Worth. This base bid segment lies between Quebec St on the west and Roberts Cut off Rd on the east. QUALIFICATION The improvements included in this project must be performed by a contractor who is qualified by the City. The procedures for qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at http://www.fortworthtexas.gov/purchasing/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTERSEST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: July 27, 2022 TIME: 10:00 am CITY OF FORT WORTH Lake Worth Trail Phase IB STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised 7/19/2021 00 11 13 INVITATION TO BIDDERS Page 2 of 2 Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from Resolution of Lake Worth Gas Lease Capital Funds and reserved by the City for the Project. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Carlos Gonzalez, City of Fort Worth Email: carlos.gonzalez@fortworthtexas.gov Phone: 817-392-5734 AND/OR Attn: Seth Henry, PLA, ASLA, Freese and Nichols, Inc. Email: Seth.Henry@freese.com Phone: 214-217-2200 ADVERTISEMENT DATES 1 st Advertisement July 7, 2022 2°d Advertisement July 14, 2022 END OF SECTION CITY OF FORT WORTH Lake Worth Trail Phase IB STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 9 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. Bidders or their designated subcontractors are required to be prequalified for the work types requiring prequalification as per Sections 00 45 11 BIDDERS PREQUALIFICATIONS and 00 45 12 PREQUALIFICATION STATEMENT. Firms seeking pre -qualification, must submit the documentation identified in Section 00 45 11 on Section 00 45 13 PREQUALIFICATION APPLICATION at least seven (7) calendar days prior to Bid opening for review and, if qualified, acceptance. The subcontractors listed by a Bidder on 00 45 12 must be prequalified for the appropriate work types. Subcontractors must follow the same timelines as Bidders for obtaining prequalification review. Bidders or Subcontractors who are not prequalified at the time bids are opened and reviewed may cause the bid to be rejected. Prequalification requirement work types and documentation are available by accessing all required files through the City's website at: https://apps.fortworthtexas. og v/ProjectResources/ CITY OF FORT WORTH Lake Worth Trail Phase 1B STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 1920 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.2. Each Bidder, unless currently prequalified, must submit to City at least seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 45 11, BIDDERS PREQUALIFICATIONS. 3.2.1. Submission of and/or questions related to prequalification should be addressed to the City contact as provided in Paragraph 6.1. 3.3. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.4. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Be advised that, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration of award. CITY OF FORT WORTH Lake Worth Trail Phase 1B STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 1920 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. CITY OF FORT WORTH Lake Worth Trail Phase 1B STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 1920 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4. Standard insurance requirements, coverages and limits. 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. CITY OF FORT WORTH Lake Worth Trail Phase 1B STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 1920 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth Park & Recreation Department 4200 South Fwy St. #2200 Fort Worth, TX 76115 Attn: Carlos Gonzalez, City of Fort Worth Fax: 817-392-5724 Email: carlos.gonzalez@fortworthtexas.gov Phone: 817-392-5734 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via the City's electronic document management and collaboration system at <Insert Link to Documents>. 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. CITY OF FORT WORTH Lake Worth Trail Phase 1B STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 1920 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https://codelibrga.amleaal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. CITY OF FORT WORTH Lake Worth Trail Phase 1B STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 1920 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Withdrawal of Bids CITY OF FORT WORTH Lake Worth Trail Phase 1B STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 1920 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. CITY OF FORT WORTH Lake Worth Trail Phase 1B STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 1920 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httys://www.ethics.state.tx.us/data/forms/1295/1295.pdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. I Biel ZII OM XQ111130 CITY OF FORT WORTH Lake Worth Trail Phase 1B STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 1920 Revised/Updated November 2, 2021 003513 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent (hereinafter referred to as "You") to a City of Fort Worth procurement may be required to complete a Conflict of Interest Questionnaire (the attached CIO Form) and/or a Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) pursuant to state law. You are urged to consult with counsel regarding the applicability of these forms to your company. The referenced forms may be downloaded from the links provided below. http://www.ethics.state.tx.us/form s/CIQ. pdf http://www.ethics.state.tx.us/forms/CIS.pdf CIO Form does not apply ❑ CIO Form is on file with City Secretary ❑ CIO Form is being provided to the City Secretary ❑ CIS Form does not apply ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: 0 By: 0 Signature: 0 0 Title: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20200224 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 0041 00 BID FORM Page 1 of 3 TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: City Project No.: C01920 SECTION 00 41 00 BID FORM Lake Worth Trail - Phase 1 B Cahoba Dr to Marion Sansom Park Units/Sections: UNIT 1 BASE BID ITEM - General UNIT 2 BASE BID ITEM - Erosion Control UNIT 3 BASE BID ITEM - Trail UNIT 4 BASE BID ITEM - Miscellaneous Improvements UNIT 5 BASE BID ITEM - Structural Improvements UNIT 1 ALTERNATE BID ITEM - Allowance 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20210930 00 41 00 00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 0041 00 BID FORM Page 2 of 3 without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Qualification The Bidder acknowledges that the following work types must be performed only by qualified contractors and subcontractors: a. Concrete Paving Construction/Reconstruction (less than 15,000 sq yards) b. Roadway and Pedestrian Lighting c. Water and Sewer Improvements (Water) d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 275 days days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20210930 00 41 00 00 43 13_00 42 43 00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 0041 00 BID FORM Page 3 of 3 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 Alternate Bid Total Bid 7. Bid Submittal This Bid is submitted on Respectfully sub Bv: r (SigWure) 2'1 /-;� ThUrr� (Printed Name) $136,000.00 ,#/� gn Z/ e Z1.5 % by the entity named below. Title: A iv�� Company: Address: /Q%� '14—�,[i%!!�� State of Incorporation: Email: 4h Z) Phone: 0,j �_ 6 - 5 END OF SECTION Receipt is acknowledged of the following Addenda: Initial Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20 21093 0 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 00 42 43 BID PROPOSAL Page 1 of 2 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid Description Unit Price Bid Value No. Section No. Measure Quantity BASE BID Unit 1 General 1 Construction Staking and Survey 01 71 23 LS 1 $17,960.55 $17,960.55 2 Temporary Project Sign 01 58 13 EA 2 $679.51 $1,359.02 3 Traffic Control 3471 13 Month 9 $3,993.24 $35,939.16 4 Tree Protection (as shown in drawings) 3201 90 LS 1 $4.88 $4.88 5 Temporary watering 33 04 30 LS 1 $9,483.77 $9,483.77 6 Miscellaneos Demo 31 0000 LS 1 $9,399.97 $9,399.97 7 Clearing and Grubbing 31 0000 LS 1 $60,403.12 $60,403.12 Unit 2 Erosion Control 8 Stone Sediment Outlet Traps 31 3700 EA 2 $2,377.10 $4,754.20 9 12" Diameter Filter Soxx 31 2500 LF 3180 $6.11 $19,429.80 10 Sodding 3292 13 SF 82,744 $0.60 $49,646.40 Unit 3 Trail 11 Removal Concrete Sidewalk SF 1000 $7.07 $7,070.00 12 Miscellaneous Saw Cutting 0241 15 LS 1 $1,416.85 $1,416.85 13 Detectable Warnings TxDOT 529 EA 2 $1,246.77 $2,493.54 14 5" Thick Concrete Pad (Trailhead) 32 13 13 SF 225 $9.85 $2,216.25 15 Trail Excavation 31 1000 CY 7,200 $26.35 $189,720.00 16 Trail Embankment 31 2400 CY 2,354 $28.24 $66,476.96 17 Material Haul Off and Rock Disposal CY 4,846 $28.40 $137,626.40 18 Concrete Trail 10' Wide (Including Subgrade Prep) 32 13 13 SF 35,416 $9.50 $336,452.00 19 Finish Grading on Sides of Trail LS 1 $67,573.65 $67,573.65 20 Trail Marker Stamp See Drawing EA 3 $136.001 $408.00 Unit 4 Miscellaneous Improvements 21 Metal Rail \ Beam Fencing 3231 29 LF 900 $173.43 $156,087.00 22 48" RCP 3341 10 LF 16 $209.68 $3,354.88 23 48" Headwall 33 49 40 EA 2 $2,508.63 $5,017.26 24 24" RCP 3341 10 LF 40 $132.76 $5,310.40 25 Y inlet See Drawings,EA 2 $2,507.65 $5,015.30 26 24" Headwall 33 49 40 EA 2 $1,860.66 $3,721.32 27 Rip Rap See Drawings SY 288 $118.02 $33,989.76 28 2'x2'x5' Cut Limestone Boulders See Drawing EA 11 $1,273.48 $14,008.28 29 Plaza pavement (6" Thick, Sawcut Grid Pattern) 32 13 13 SF 385 $9.95 $3,830.75 30 6' Bench (Including Installation) 11 67 13 EA 1 $2,529.131 $2,529.13 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 00 42 43 BID PROPOSAL Page 2 of 2 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item No Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 31 Drinking Fountain (Including Installation and Sump) 11 67 13 EA 1 $6,512.09 $6,512.09 32 1" Water Line 33 12 10 LF 40 $70.48 $2,819.20 33 Water Main Tap 33 1225 EA 1 $1,996.62 $1,996.62 34 Trash Receptacle (Including Installation) 11 6713 EA 1 $1,617.83 $1,617.83 35 Solar Light See Drawing EA 1 $15,919.05 $15,919.05 36 Crosswalk EA 1 $3,136.64 $3,136.64 37 Small Signs See Drawing EA 6 $329.54 $1,977.24 38 1 Split Rail Fence See Drawing LF 20 $34.951 $699.00 Units 5 Structural Improvements 41 Pedestrian Bride See Drawing EA 1 $103,499.27 $103,499.27 42 Bridge Abutments 03 30 00S Cy 7 $2,605.90 $18,241.30 43 Drilled Shafts 03 63 29S LF 45 $285.79 $12,860.55 44 Segmental Block Retaining Wall (including Cap) See Drawings SF 8354 $29.51 $246,526.54 45 Retaining Wall Drainage See Drawing LS 1 $88,317.63 $88,317.63 BASE BID TOTALI $1,756,821.56 ALTERNATE BIDS Units 1 Allowance 1 Allowance No. 1 NA LS 1 $1,000.00 $1,000.00 2 Allowance No. 2 NA LS 1 $2,500.00 $2,500.00 3 Allowance No. 3 NA LS 1 $5,000.00 $5,000.00 4 Allowance No. 4 NA LS 1 $7,500.00 $7,500.00 5 Allowance No. 5 NA LS 1 $10,000.00 $10,000.00 6 Allowance No. 6 NA LS 1 $15,000.00 $15,000.00 7 Allowance No. 7 NA LS 1 $20,000.00 $20,000.00 8 Allowance No. 8 NA LS 1 $25,000.00 $25,000.00 g Allowance No. 9 NA LS 1 $50,000.00 $50,000.00 ALTERNATE BID TOTAL 1 $136,000.00 BID SUMMARY BASE BID $1,756,821.56 ALTERNATE BIDS 1 $136,000.00 ALTERNATE BID TOTALI $1,892,821.56 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Re%ised 20120120 00 41 00_00 43 I3_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook Bid Bond CONTRACTOR: (,'Janie, legal status and addrecti) Cole Construction, Inc. 10315 Alta Vista Road Keller, TX 76248 OWNER: IXantc, legal status and address) City of Fort Worth 200 Texas St. Fort Worth, TX 76102 Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 SURETY: (Newre, legal status mtd prirrcipul place of hresinevs) RLI Insurance Company 9025 N. Lindbergh Drive Peoria, IL 61615 BOND AMOUNT: 5 5% Five Percent of Amount Bid PROJECT: (,'dame, location or address andl)toojectnumber. ijaulj Lake Worth Trails Phase 1 B Trail Improvements This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves. their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond arc such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or % ithin such dine period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Or'llcr in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherrnise acceptable to the Owner, for the faithful performance of such Contract and for the prompt paynient of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the dit3crcnce, not to exceed the amount of this Bond, between tine amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perlonn the work covered by said bid, then this obligation shall be null and void, otherwise to remain in 1'611 lorce and elTect. The Surety hereby waives any notice olan agreement between [lie Owner and Contractor to extend the dine to vvillch the Owner may accept the bid. lraiver olnotice by the Surely shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance olbids specified in the bid docun)enuL and the O% ner and Contractor shall obtain the Surety's consent for an extension beyond sixty (60) days. If this Bond is issued in connection with a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. %�9ien this Bond has been lumislied to comply with a slatulon• or other legal requirement in the location of the Project, any provision in this Bond conflicting % ilh timid statutory or legal requirement shall be deemed deleted herelrom and provisions conibmiing to such statutor;• or other IeLal requirement shall be deemed incorporated herein. When so 1'umished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Siancd and scaled this 4th day of August, 2022 Cole Construction, Inc. (Principal) al) !V irn=) JOOO By: (Title) Or c (!T'idres�y RLI Insuran a Company (S ) (Senn) y: (Till • une g Attorney -in Fact S-00541AS 8110 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Steven R. Foster. Jack M. Crowiev, Deborah English. Luke J. Nolan Jr.. Danhne Massey, Teuta Luri. JulieyL Dccker. Joshua Sanford, Laurie Pflug,1ointly or severally in the City of Dallas . State of Texas its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twentv Five Million Dollars ( S25.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 8th day of January 2020 RLI Insurance Company 0e AND J�MCE co. Contractors Bonding and Insurance Company •n= _ • iV SEAL if I I . SEAL . �- By: F= Barton W. Davis Vice President �J, State of Illinois ILL�"5 SS County of Peoria CERTIFICATE On this 8th day of January 202 before me, a Notary Public, I, the undersigned officer of RLI Insurance Company and/or personally appeared Barton W. Davis who being by me duly swom, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore. that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bondi ng022 d Insurance Company this : 4th day of August 22 By: t LEllirlk� d, V 1& Gretchen L. Johnigk I Notary Public PUBLIC 'OFFICIAL SEAL' STATE C1 IroF My '� ......................... May 26, �' ... ..i RLI Insurance Company Contractors Bonding and Insurance Company By: 10 Jeffrey DCYicku V V Corporate Secretary 4224953020212 A0058D 19 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER: ■❑ END OF SECTION Title: 0. Date: ^��Z CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 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. 44073. Contractor further certifies that, pursuant to Texas Labor Code, Section 6 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 9 CONTRACTOR: 10 11 Company 12 13 1�,J,Cm`i�& 1zw 14 Address15 /L(/ 16 17 City/State/Zip 18 19 20 THE STATE OF TEXAS § 21 22 COUNTY OF TARRANT § 23 By: of n�A �ha�n Cr (Please P Signature: Title: pr-! 51 de n 1 (Please Print) 24 BEFPRE ME, thp under ' ne authority, on this day personally appeared 25 p p , known to me to be the person whose name is 26 subscribed to the foregoipg instrument and acknowledged to me that he/she executed the same as 27 the act and deed of d&UQZ--1 4C 414U for the purposes and 28 consideration therein expressed and in the capacity therein stated. 29 30 GIV/(EN UNDER . MY HAND AND SEAL OF OFFICE this day of 31 T Q�'L�m,P�l� , 20 32 33 34 1aRY Pie EILEEN BANKE 35 Notary ID #125765901 Notary Public -en and for the State of Texas NP My Commission Expires 36 'TFCFi� April 14, 2023 37 END OF SECTION CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised July 1, 2011 00 45 40 - 1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: https:HcodelibrM.amleaal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EQUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 13% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Protege participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 https:Hgpps.fortworthtexas. og v/ProjectResources/ResourcesP/60 - MW E/Business Equity Utilization 46 Form_DVIN 2022 220324.pdf 47 48 49 CITY OF FORT WORTH Lake Worth Trail Phase 1B STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 Letter of Intent 2 https://apps.fortworthtexas. o�jectResources/ResourcesP/60 - MWBE/Letter of Intent_DVIN 3 2021.pdf 4 5 Business Equity Good Faith Effort Form 6 htips://apps.fortworthtexas..ov�/ProjectResources/ResourcesP/60 - MWBE/Good Faith Effort 7 Form _DVIN2022.pdf 8 9 Business Equity Prime Contractor Waiver Form 10 hLtps:Hgpps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 11 Waiver-220313.pdf 12 13 Business Equity Joint Venture Form 14 hLtps:Hqpps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/MWBE Joint 15 Venture_220225.pdf 16 17 18 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL 19 RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID 20 REJECTED. 21 22 23 FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE 24 COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- 25 RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS 26 AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. 27 28 For Questions, Please Contact The Business Equity Division of the Department of Diversity and 29 Inclusion at (817) 392-2674. 30 END OF SECTION 31 CITY OF FORT WORTH Lake Worth Trail Phase 1B STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised October 27, 2021 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on November 29, 2022, is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and Cole Construction Inc., authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Lake Worth Trails Phase IB Proiect No. C01920 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of One million eight hundred twenty-one thousand eight hundred twenty-one dollars and fifty-six cents ($1,821,821.56). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 225 days Two Hundred and Twenty -Five Calendar Days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD CITY OF FORT WORTH CITY SECRETARY Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS FT. WORTH, TX 1920 Revised 8/22/2022 005243-2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised 8/22/2022 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by any act, omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other parry hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised 8/22/2022 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised 8/22/2022 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised 8/22/2022 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: �,; 0 �//Signature Kenneth Thorne (Printed Name) NN// Title 10315 Alta Vista Road Address Fort Worth, Tx. 76244 City/State/Zip /, hd Date OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth By: Jesica L. McEachern Assistant City Manager Jan 27, 2023 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 8/22/2022 dp60pn �b q� Date � cF fORTkad o°' O v_o o-+o Attest: U a4CnnEXASoo d v v"�'Li1-� "1 Jannette Goodall, City Secretary (Seal) M&C: 22-0942 Date: 11/29/2022 Form 1295 No.: 2022-933934 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Carlos MGonzalez Park Planner ApproAv/ed as to Form and Legality: Jeremy Anato Mensah Sr. Assistant City Attorney APPROVAL RECOMMENDED: )got fa-,4- Dave Lewis, Acting Director, SP Park & Recreation Department sP JY Lake Worth Trail Phase I 1920 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Bond #RCB0043740 SECTION 00 61 13 PERFORMANCE BOND 0061 13- 1 PERFORMANCE BOND Page 1 of 2 THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Cole Construction, Inc. , known as "Principal" herein and _ RLI Insurance Company , a corporate surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, One million eight hundred twenty-one thousand eight hundred twenty-one dollars and fifty-six cents ($1,821,821.56), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 29_ day of November , 2022_, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as LAKE WORTH TRAIL PHASE 1B #1920 NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Lake Worth Trail Phase 1B 1920 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and the Surety have SIGNNED and SEALED 2 th is *instrument by duly authorized agents and officers on this the . l �`�day of 3 4A 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Val ) Secretary fitness as eo Principal IL Witn ss as to Surety PRINCIPAL: Cole Construction, Inc. 10 BY: Signature I r 011/0'0 Of "141 Address: 10315 Alta Vista Road Fort Worth, TX 76244 SURETY: RLI Insurance Company Holly Clevenger, Attorney -in -Fact Name and Title Address: 9025 N. Lindbergh Drive Peoria, IL 61615 Telephone_Number. 309-692-1000, *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised July 1, 2011 0061 14-1 PAYMENT BOND Page 1 of 2 Bond #RCB0043740 1 SECTION 00 61 14 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, _Cole Construction, Inc. known as "Principal" herein, 8 and RLI Insurance Company , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 12 in the penal sum of One million eight hundred twenty-one thousand eight hundred twenty 13 hundred dollars and fifty-six cents ($1,821,821.56), lawful money of the United States, to be paid 14 in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we 15 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 _29 day of _November , 2022, which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 20 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 21 said Contract and designated as LAKE WORTH TRAIL PHASE 111 #1920 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Lake Worth Trail Phase 113 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 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 day of 3 P.tsl� 20, 4 ATTE (Princ' al) Secretary Wit ss as to Pri a ATTEST: (Sue ) a XXJ I e s s Witness as to Sur i 5 PRINCIPAL: Cole Construction, Inc. BY. Signature Name and Title Address: 10315 Alta Vista Road Fort Worth, TX 76244 SURETY: RLI Insurance Company Holly Clevenger, Attorney -in -Fact Name and Title Address: 9025 N. Lindbergh Drive Peoria. IL 61615 Telephone Number. 309-692-1000 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised July 1, 2011 0061 19 - 1 MAINTENANCE BOND Page 1 of 3 Bond #RCB0043740 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we _Cole Construction, Inc. , known as "Principal" herein 8 and _ RLI Insurance Company , a corporate surety (sureties, if 9 more than one) 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 sum 12 of One million eight hundred twenty-one thousand eight hundred twenty-one dollars and fifty-six 13 cents ($1,821,821.56), lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for payment of which sum well and truly be made unto the City and its 15 successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 16 and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the_29_ day of November , 2022 which Contract is hereby referred to and a made part 20 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 21 other accessories as defined by law, in the prosecution of the Work, including any Work resulting 22 from a duly authorized Change Order (collectively herein, the "Work") as provided for in said 23 contract and designated as LAKE WORTH TRAIL PHASE 1B #1920 and 24 25 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 26 accordance with the plans, specifications and Contract Documents that the Work is and will 27 remain free from defects in materials or workmanship for and during the period of two (2) years 28 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 29 30 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 31 upon receiving notice from the City of the need therefor at any time within the Maintenance 32 Period. 33 CITY OF FORT WORTH Lake Worth Trail Phase 113 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 006119-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Lake Worth Trail Phase 113 1920 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 006119-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGyyNEED and SEALED this irAtrument by duly authorized agents and officers on this the rday of 20� /its as t rincipal PRINCIPAL: Cole Construction, Inc. 1 n r ePre,51d�fl-� Name and Title Address: 10315 Alta Vista Road Fort Worth, TX 76244 SURETY: RLI Insurance Company BY: VA a( Sign re Holly Clevenger, Attorney -in -Fact Name and Title Address: 9025 N. Lindbergh Drive Peoria, IL 61615 Telephone_Number: 309-692-1000 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 Lake Worth Trail Phase 113 1920 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know All Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Jack M. Crowley, Deborah English Luke J. Nolan Jr Daphne Massey, Julie M. Decker Joshua Sanford Brendan Fletcher Laurie Pflug Holly Clevenger, jointly or severally in the City of Dallas , State of Texas its true and lawful Agent(s) and Attorney(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25,000,000.00 1 for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 19th day of September , 2022 . .. NG AND SEAL 0 - SEAL y°u • � er: State of Illinois ",, ;L"Noss �° �, L t N 0A5 SS County of Peoria On this 19th day of September . 2022 before me, a Notary Public, personally appeared Barton W. Davis who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: ootj� , � , lam- `cax.+ Catherine D. Glover Notary Public CATHERINE D. GLOVER . OFFICIAL SEAL VNotary Pudic - Shts a Iwnw. u . My CommissionExprn March 2� P024 RLI Insurance Company Contractors Bonding and Insurance Company By. yli s✓ .I Barton W. Davis X Vice President CERTIFICATE I, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this day of RLI Insurance Company Contractors Bonding and Insurance Company By: 44n�A Jeffrey ick V v Corporate Secretary 4224953020212 A0058D19 RL I ® RLIInsurance Company P.O.P.OBox 3967 Peoria, II, 61612-3967 Phone:309-692-1000 Fax:309-683-1610 TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call RLI Insurance Company's toll free telephone number for information or to make a complaint at 800-645-2402. You may also write to RLI Insurance Company at: 9025 N. Lindbergh Drive Peoria,11, 61615 FAX # 309-683-1610 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may also write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax Number: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection a tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Texas Policyholder Notice TEXAS AVISO IMPORTANTE Para obtener informacion o para presentar una queja: Usted puede llamar at numero de telefono gratuito de RLI Insurance Company para obtener informacion o para presentar una queja at 800-645-2402. Usted tambien puede escribir a RLI Insurance Company: 9025 N. Lindbergh Drive Peoria, IL 61615 FAX # 309-683-1610 Usted puede comunicarse con el Departamento de Seguros de Texas para obtener informacion sobre companias, coberturas, derechos o quejas at 1-800-252-3439 Usted puede escribir at Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax Number: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.Qov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con reclamacion, usted debe comunicarse con el agente primero. Si la disputa no es resuelta, puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propositos informativos y no se convierte en parte o en condicion del documento adjunto. UW 1042-S (08/15) M4201815