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Contract 47481
CITY SROWAM CITY sF-(;f rA CONTRACT D.O.E. FIDE FORT WO RrT H CONTRAC70R'S sC LADING CO. "'Jor� CONSTRUCTION'S COPY WENT DEPARTMENT PROJECT MANUAL FOR THE CONSTRUCTION OF Park Renovations at Lost Spurs Park Oakland Lake bark Sylvania bark Ciiy Project No. 45783 Betsy Price Tom Higgins Mayor Interim City Manager Richard Zavala Director, Parks & Community Services Prepared for The City of Fort Worth Parks & Community Services oF'fIew-Ree 2015 C 'TOAlty Y -Cia Shield Engineering Group, PLLC 16110 West 7th Street, Suite 200 Fort Worth, TX 76142 FirmP F-110.39 L KC-ES 2201 Main St., Suite 400-16 - Dallm, TX 75201 Firm# F-13810 00 1000-1 SEALS PAGE Page I of I SECTION 00 10 00 SEALSPAGE Aw APL _ ' uP f_ CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised July I,2011 FORTWORT HIG City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page I of 5 SECTION 00 0000 TABLE OF CONTENTS Division 00-General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 0041 00 Bid Form 004243 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Pr-equalifleation Statement 0045 14 Bidder's Statement of Qualification 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 0073 00 Supplementary Conditions Division 01 -General Requirements 01 11 00 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 01 32 16 Construction Progress Schedule 01 32 33 Preconstruction Video 0133 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 0157 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 7000 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 74 23 Cleaning 0177 19 Closeout Requirements 01 7823 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 22,2013 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents 11 68 13 Site Furnishings 26 05 00 Common Work Results for Electrical 2605 10 Demolition for Electrical Systems 26 05 33 Raceway and Boxes for Electrical Systems 26 56 68 Oakland Park Construction Specifications Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://proj ectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Specifications Division 02-Existing Conditions 0241 13 Selective Site Demolition 02111 14 r rt;li ,Refn,y lin t..,..,1,.nnie.+ 0241 15 Paving Removal Division 03- Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material(CLSM) 034 16 r >\n ro+a n��o +or; l foF Tro. L nor,,;,. 03 8000 Modifications to Existing Concrete Structures Division 26-Electrical 26 05 00 Common Work Results for Electrical 2605 10 Demolition for Electrical Systems 26 05 33 Raceways and Boxes for Electrical Systems 26 05 43 vn a Duets d n o R1 trieal Sy terns iiuci-bx-vuiicrnuccrai�i�ccccc�r'-ccj6zv>-Lr�crc�-uiyT:rccrrio Division 31 -Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 31 2323 Borrow 3124 00 Embankments 31 2500 Erosion and Sediment Control 313600 /'_abions 313700 RiPi-ap Division 32-Exterior Improvements 32 0i i7 x cxniuucuc Asphalt Paving nxs-Repair- 32 ccPuxr32 03 1 g Temporary Asphalt It n.,.,;ng Repair 320129 Goner-ete Pw,,ing Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 11 33 Cement Treated Base Courses 32 12 16 Asphalt Paving CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 22,20I3 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 32 1273 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 32 14 16 Bfiek Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 1725 Curt A ddFess Pal t;„ 3231 13 Chain Fences and Gates 3231 26 Wi-e Fenees and Gates 32 31 29 Wood Fences ail-Qa4cs 3232 13 Cast-in-Place Concrete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs Division 33-Utilities 33 01-30 SeWer-a-EdTRIti Ig 33 01 31 Closed Gife it Television(GGTV)Inspeet;,.r, 33 03T0 u.,pass Puri,,,;ng of'Existing Sewer Systems 3304 10joint Bonding and Eleetr-seal iselatio 33 04 11 Corrosion!'e tree Tact Stations 33 04 12 Magnesium Anode Gathodie PFoteetie System 33 04 30 T-efflpor-apy 33 04 40 Cleaning and A,oepta e Testing o f-W,tor Mains 3304 50 Qe n;ng of Sewer Mai 33 05 10 Utility Trench Excavation,Embedment, and Backfill 3305 12 Water Line Lowering 33 05 i3 Frame f'OVeF and n ade Rings inlets,33 05 14 Adjusting Manholes, Valve Boxes, and Other Str-uetur-es to G 33 051-1 Cencfete WesterAms 3305 17 Gener-ete!'..11afs 33 05 20 Auger-Peri g 330521 Tunnel T ; r Plate 330522 Steel CasingP4-pe 33 0523 Hand Tunneling 33 0524 Installation of Ga fieF Pipe in Casingor-Tunnel r; r Plate 33 05 26 Utility Tarikers4boeaters 33 0530 Location of Existing Utilities 33-1T05 Pelt Nuts and Gasket-s 33 11 i o Duetilelr-on-Plipe 33 1al 1 1 Duet;le iron Fittings 33 1 11 1 12 Poly ,inyl!`t-chlorid (PVC)Pressure Pipe 33 i i i 3 QnGr-ete Pressure Pipe,BaF A4-apped, Steel Gylinder-Type 33 11 14 Bur-i€d Steel pipe and Fittings 33 12 10 Water Services 1-inch to 2-inch 33-1 2 11 1-large`atef Meters 33 1220 Resilient Seated Gate Valve 33 1221 A WW A Rubber Seated Butteffl..Valves 33 1225 rte,,,neetion to Existing\x ateF Mains CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 22,2013 000000-4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 4 of 5 3339 Combination Ai`Valve Assemblies foi::--Po le Water Systems 33 1240 Fife Hydrants 33 1250 Wa4er-Sample Siations 33 1260 Standard Blew efffV-alve Assembly 333 31 12 cured-in Pl cee Pipe(GiDrP-) 33 31 13 Y-ibe,-glass Reinf Feed n:„o for-r:rayit., canitafy eo.,,or� 3331 35 High Densi ,Polyethylene(HDPE)Pipe f r Sanitary Sewer 33-3 20 Polyvinyl Chloride (PVC) riuizry=Sanitary ScvciD *e 33 3121 Polyvinyl (PNIC)mea Pfefile Gr Sanitai—y Sewer pipe 33 31 22 Sanitary Sewer-Slip Lining 3331 23 Sanitai-y Sewer Pipe Enlafgeme 33 31 159 canit.,,..,Sewer-Sen4ee r,.,,neetions and Seiwiee r;. 33 31 70 Combination Air Valve f:,r Sanitary Sewer-For-ee M.,;�� 3339 10 Gast in Ulaee Concrete Manholes 333920 PFee st� ro+o T,r.,,,hAlo� 333930 Fiberglass Manholes 333940 `a rite.,..,+or Aeoess Cha b e e(WAG) 33 39 60 Epoxy T : s for Canna,, C ewef Str-u.tuFes 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 3341 11 High Density Polyethylene(HDPE)Pipe for Storm Drain 33 4600 cubdr.,:, age 33 4601 SlottedStefm Drains 33 46 02 Tr-enoh D Dai s 33 49 10 Gast in -Plane. N.4-anholos -and T,,notion Boxes 33 4920 Gurh and Dr„r,inlets 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34-Transportation 34-41 10 Traf=e Signals 34 41 11 Temper-ary T-Faffie Signals 34 41-13 Removing Tr„f e Signals 34 41 16 Reef ngul.,r Rapid Flashing Beaeo 34 41 16 Pedestrian 14 ,hrid Signal 34 44 20 Roadway illumination Assemblies 34 4130 Aldtnirrum Signs 3471 13 Traffic Control Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GG 4.04 Underground Faeilities GG 4.06 14azafdous Envinamm-ent–al Genditien at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 22,2013 0005 10-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page 1 of 1 1 SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with the approved 7 M&C for the award of the project. M&C insert shall be on blue paper.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH Lost Spurs,Oakland Lake$Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised July I,2011 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/12/2016 —Ordinance No.22042-01-2016 DATE: Tuesday,January 12, 2016 REFERENCE NO.: **C-27598 LOG NAME: 80THREE PARK SITE IMPROVEMENTS SUB.TECT: Authorize Execution of a Construction Contract with North Rock Construction,LLC,in the Amount of $769,648.74 for the Construction of Park Improvements at Oakland Lake Park, Sylvania Park and Lost Spurs Park and Provide for Staff Costs and Contingencies in the Amount of$203,207.16 for a Total Project Construction Cost of$972,855.90 and Adopt Appropriation Ordinance(2014 BOND PROGRAM) (COUNCIL DISTRICTS 4,7 and 8) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached ordinance increasing appropriations for this project from the Parks Dedication Fees Fund in the amount of$179,250.00; and 2. Authorize the execution of a construction contract with North Rock Construction,LLC,in the amount of $769,648.74 for the construction of the park improvements at Oakland Lake Park,Sylvania Park and Lost Spurs Park. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to authorize the award and execution of a construction contract to North Rock Construction,LLC, in the amount of$769,648.74 for the construction of park improvements at Oakland Lake Park(Council District 8), Sylvania Park(Council District 4) and Lost Spurs Park(Council District 7). On July 15, 2014, an Engineering Agreement was executed with Shield Engineering Group,PLLC, (M&C C-26849, City Secretary No. 45783) in the amount of$183,722.00 for design and engineering of park improvements at Oakland Lake Park, Sylvania Park,Lost Spurs Park and J. T.Hinkle Park(J. T.Hinkle is not awarded in the scope of this construction contract). The resulting project was advertised on August 13,2015 and August 20, 2015 in the Fort Worth Star—Telegram. On September 10,2015,the following bids were received and tabulated as follows: Bidders Base Bid Alternate Bids Total **Falkenberg Construction Co. Inc $630,759.17 $ 130,234.98 $W994.15 *North Rock Construction LLC $678,709.97 $ 90,938.77 $769,648.74 Fain Group,Inc. $661,189.90 $ 114,019.00 $775,208.90 **Falkenberg Construction Co. Inc. (FCC),the lowest submitted and received bid was reviewed and rejected as non—responsive to the City's requirements for qualifications. FCC did not complete and submit a notarized Joint Venture (JV)Eligibility Form by the deadline identified in the MBE specifications. Additionally,the JV Agreement ultimately provided did not disclose the basic information necessary such as identifying the provider of initial capital contribution. Lastly,FCC did not fulfill the 35 percent self—performance required by City's specifications. The Base Bid items include: Oakland Lake Park: Demolition and spot removal of existing concrete curb, gutter and site clearing,new ballfield lighting,new asphalt overlay on parking lot, wheel stops, spot replacement of curb and gutter and new striping, a new shelter, additional walk access,three picnic tables, two park benches and trash receptacles. Sylvania Park: Demolition and spot removal of existing concrete curb, gutter and site clearing, asphalt overlay, spot replacement of curb and gutter and new striping at main parking lot. Lost Spurs Park: Site grading work,demolition and relocation of existing picnic table,park bench and concrete pads,installation of new shelter, three picnic tables and two benches, multi—use court with basketball goal assembly, new trash receptacles and additional connecting walks. Alternate Bid items include: Oakland Lake Park: Small skate park. Sylvania Park: Asphalt overlay,removal and replacement of wheel stops,new curb and gutters and restriping of the east parking lot. It is recommended that the base bid in the amount of$678,709.97 and the alternate in the amount of$90,938.77 as submitted by North Rock Construction,LLC,be approved for award of contract. Associated construction administration,inspection, testing and change order contingency funding totals$203,207.16. Upon approval of this M&C, appropriations and contracts are allocated as follows: Oakland Sylvania Park Lost Spurs Parks Lake Park CO2194 Park CO2192 Total CO2193 Engineering Agreement(Shield Engineering Group,PLLC) $ 52,000.00 $ 27,200.00 $ 13,100.00 $ 92 300.00 Project Administration,etc. $ 6,700.00 $ 2,700.00 $ 2,150.00 $ 11550.00 Design Phase Total $ 58,700.00 $ 29,900.00 $ 15,250.00 $ 103 850.00 Construction Contract(North Rock Construction,LLC) $401,082.90 $ 108,645.79 $ 259,920.05 $ 769 648.74 Testing,Inspection, Contingencies,etc. $ 56,556.55 $ 94,519.21 $ 52,131.40 $ 203 207.16 Construction Phase Total $457,639.45 $203,165.00 $ 312,051.45 $ 972 855.90 Project Total $516 339.45 1 $233,065.00 $327 301.45 1 $1,076,705.90 Total funding is summarized in the table below: Lost Spurs Oakland Lake Sylvania Park Park Parks Park CO2193 CO2194 CO2192 Total Certificates of Obligation 39801 $300,000.00 $ 0.00 $ 0.00 $ 300,000.00 Gas Revenue(39302) $ 160,239.45 $ 142,555.00 $ 104,171.14 $ 406 965.59 2014 CIP 34014 $ 56,100.00 $ 90,510.00 $ 0.00 $ 146,6-10.00 Park Dedication Fee (Interest) (30110 $ 0.00 $ 0.00 $223,130.31 $ 223130.31 Total $516 339.45 $233,065.00 $327301.45 $-1,076,705.90 This project is included in the 2014 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with this project is sold,bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election(Ordinance No. 21241-05-2014). M/WBE OFFICE—North Rock Construction,LLC,is in compliance with the City's Business Diversity Ordinance by committing to eight percent MBE participation on the Park and Recreation Department(PARD) base bid price only. The City's MBE goal on this base bid contract is eight percent. Construction is anticipated to commence February 2016 and will be completed by July 2016. The contract period is 180 calendar days. The maintenance impact is expected to begin August of 2016 and estimated to be $800.00 for Oakland Lake Park,no additional cost for Sylvania Park and$800.00 for Lost Spurs Park. Beginning in Fiscal Year 2017,the operating annual impact is anticipated to be$2,175.00 for Oakland Lake Park,no additional cost for Sylvania Park and$925.00 for Lost Spurs Park. There is no Furniture,Fixtures and Equipment associated with this project scope. Oakland Lake Park is located in COUNCIL DISTRICT 8,Sylvania Park is located in COUNCIL DISTRICT 4, and Lost Spurs Park is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, appropriations are available in the current capital budget for this construction contract, as appropriated, of the PACS Gas Lease Cap Proj Legacy,2014 Bond Fund and the Parks Dedication Fees Fund and the PACS Improvement Fund and funds are available in the operating budget for the maintenance impact, as appropriated in the General Fund. FUND IDENTIFIERS(FIDs): M Department Project ProgramActivity Budget Reference#(Chartfield Amount Fund ID Account ID Year 2) 1)30110 0800450 CO2192 $179,250.00 1)30110 0800450 4611010 CO2192 $179,250.00 Department Budget Refetvnce#(Chartlie.ld FROM FundEDAtccouttt)�roject I]il)�irogramActivi�ty Year �? Amount 2)39302 0800450 002193 004980 $93:439.A5 2)34014 08004501 CO2193 CO-1780 2015 14020108 $(1�(7�,643�.45 2}39801 0800450 002193 004390 $aj11/3rf�OM 2)39302 0800450 002194 004980 $108,645.79 2139302 0800450 002.192 004980 $79,421.f 4 200110 0800450 002192 004990 $180.498.91 1 F 30I l 0 08004,50 46110 10 UNSPSC $179,250M 10100 0807071 5610602. $800.t)D 10100 0807081 5610602 $800.00 CERTIFICATIONS: Submitted jer City r n r' Susan Mani& (BIRD) 0rieinatin g,Dega(tIhea( Head: Richard Zavala (5704) Additional Information Contact; David Creek (5744) ATTACHMENTS 1_ fi0TLISEF BAHT{ STTF rMPRC7-'F.MENIS Budga janLUal 1 1'2 16 at[jcx (cHPwtutemal) 2. 80THREE PARK SITTF IMPROVEMENTS FY2016 A{3 REV 12,17,15,doex (Pubic) 3. Contract Ccmpliancc: Mcmorandtlm.pdf (Cr-vl initmol) 4. harm 1295 (801HREJU l'_ RK—North Rock}, (Nbfic)�o Vic— M lq"1 5. Lust Spurs..Park.Loggtion Map.pd IF�ihrrI 6. Oakland Lake Park Site I.nc:.tilon Nluo.radi (i}tjetiu) 7. SAM North Rock Cens.pdF (i7E7v intrun) 8.Sylvania Park Sitc Location MpR,Vdf tPubiic) 0005 15-1 ADDENDA Page I of 1 1 SECTION 00 05 15 2 ADDENDA 3 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with any addenda 7 issued during bidding.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised July 1,2011 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of Park Improvements at Oakland Lake Park,Lost Spurs Park 6 and Sylvania Park will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth, Texas 76102 12 until 1:30 P.M. CST, Thursday, September 10,2015,and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: Sylvania Park and Oakland Lake 17 Park will include renovation of parking lots; Oakland Lake Park and Lost Spurs Park include new 18 shelters, concrete sidewalks; benches; picnic tables;grading work;multi-use court renovation; 19 grading and grass sodding. Oakland Lake Park site also includes an alternate for renovation of a 20 tennis court to small skate park. 21 22 DOCUMENT EXAMINATION AND PROCUREMENTS 23 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 24 of Fort Worth's Purchasing Division website at http://www.fortworth og v.org/purchasing/and 25 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 26 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 27 suppliers. 28 29 PREBID CONFERENCE 30 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 31 BIDDERS at the following location, date, and time: 32 DATE: August 27, 2015 33 TIME: 1:00 pm 34 PLACE: Parks and Community Services Department, 35 4200 South Freeway, 36 Suite 2200 Conf. Room IJ 37 Fort Worth Texas 76115-5759 38 LOCATION: La Grand Plaza, second floor Conference Room #1 39 40 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 41 City reserves the right to waive irregularities and to accept or reject bids. 42 43 INQUIRIES 44 All inquiries relative to this procurement should be addressed to the following: 45 Attn: Tonda Rice, City of Fort Worth 46 Email: Tonda.Rice@fortworthtexas.gov 47 Phone: 817-392-5759 48 AND/OR 49 Attn: Ryan Hill, Shields Engineering Group,PLLC CITY OF FORT WORTH Park Improvements at Oakland Lake Park,Lost Spurs Park and Sylvania Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02193,02192,02194 Revised July 1,2011 0011 13-2 INVITATION TO BIDDERS Page 2 oft 1 Email: ryanhill@segpllc.com 2 Phone: 817-810.0696 3 4 ADVERTISEMENT DATES 5 First date for advertisement, Thursday, August 13, 2015 6 Second date for advertisement, Thursday,August 20, 2015 7 8 END OF SECTION CITY OF FORT WORTH Park Improvements at Oakland Lake Park,Lost Spurs Park and Sylvania Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02193,02192,02194 Revised July 1,2011 0021 13-1 INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 7 00-GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person,firm,partnership, company, association, or corporation acting 13 directly through a duly authorized representative,submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2. Nonresident Bidder:Any person,firm,partnership, company,association, or 17 corporation acting directly through a duly authorized representative, submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided)makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Examination of Bidding and Contract Documents, Other Related Data, and Site 34 35 3.1.Before submitting a Bid, each Bidder shall. 36 37 3.1.1. Examine and carefully study the Contract Documents and other related data 38 identified in the Bidding Documents(including"technical data"referred to in 39 Paragraph 4.2. below).No information given by City or any representative of the 40 City other than that contained in the Contract Documents and officially 41 promulgated addenda thereto, shall be binding upon the City. 42 43 3.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 44 site conditions that may affect cost,progress,performance or furnishing of the 45 Work. 46 47 3.1.3. Consider federal,state and local Laws and Regulations that may affect cost, 48 progress,performance or furnishing of the Work. 49 CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 27,2012 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.1.4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 2 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, 3 Department of Transportation, Subtitle A, Office of the Secretary, Part 21, 4 Nondiscrimination in Federally-assisted programs of the Department of 5 Transportation issued pursuant to such Act,hereby notifies all bidders that it will 6 affirmatively insure that in any contract entered into pursuant to this advertisement, 7 minority business enterprises will be afforded full opportunity to submit bids in 8 response to this invitation and will not be discriminated against on the grounds of 9 race, color, or national origin in consideration of award. 10 11 3.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 12 contiguous to the Site and all drawings of physical conditions relating to existing 13 surface or subsurface structures at the Site(except Underground Facilities)that 14 have been identified in the Contract Documents as containing reliable "technical 15 data" and(ii)reports and drawings of Hazardous Environmental Conditions,if any, 16 at the Site that have been identified in the Contract Documents as containing 17 reliable "technical data." 18 19 3.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 20 the information which the City will furnish.All additional information and data 21 which the City will supply after promulgation of the formal Contract Documents 22 shall be issued in the form of written addenda and shall become part of the Contract 23 Documents just as though such addenda were actually written into the original 24 Contract Documents.No information given by the City other than that contained in 25 the Contract Documents and officially promulgated addenda thereto, shall be 26 binding upon the City. 27 28 3.1.7. Perform independent research, investigations,tests,borings, and such other means 29 as may be necessary to gain a complete knowledge of the conditions which will be 30 encountered during the construction of the project. On request, City may provide 31 each Bidder access to the site to conduct such examinations, investigations, 32 explorations,tests and studies as each Bidder deems necessary for submission of a 33 Bid. Bidder must fill all holes and clean up and restore the site to its former 34 conditions upon completion of such explorations,investigations,tests and studies. 35 36 3.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 37 cost of doing the Work,time required for its completion, and obtain all information 38 required to make a proposal.Bidders shall rely exclusively and solely upon their 39 own estimates, investigation,research,tests,explorations, and other data which are 40 necessary for full and complete information upon which the proposal is to be based. 41 It is understood that the submission of a proposal is prima-facie evidence that the 42 Bidder has made the investigation, examinations and tests herein required. Claims 43 for additional compensation due to variations between conditions actually 44 encountered in construction and as indicated in the Contract Documents will not be 45 allowed. 46 CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 27,2012 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 3.1.9. Promptly notify City of all conflicts, errors,ambiguities or discrepancies in or 2 between the Contract Documents and such other related documents. The Contractor 3 shall not take advantage of any gross error or omission in the Contract Documents, 4 and the City shall be permitted to make such corrections or interpretations as may 5 be deemed necessary for fulfillment of the intent of the Contract Documents. 6 7 3.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of. 8 9 3.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 10 the site which have been utilized by City in preparation of the Contract Documents. 11 The logs of Soil Borings, if any,on the plans are for general information only. 12 Neither the City nor the Engineer guarantee that the data shown is representative of 13 conditions which actually exist. 14 15 3.2.2.those drawings of physical conditions in or relating to existing surface and 16 subsurface structures (except Underground Facilities)which are at or contiguous to 17 the site that have been utilized by City in preparation of the Contract Documents. 18 19 3.2.3. copies of such reports and drawings will be made available by City to any Bidder 20 on request. Those reports and drawings may not be part of the Contract 21 Documents, but the "technical data" contained therein upon which Bidder is entitled 22 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 23 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 24 responsible for any interpretation or conclusion drawn from any "technical data" or 25 any other data, interpretations, opinions or information. 26 27 3.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 28 that Bidder has complied with every requirement of this Paragraph 4, (ii)that without 29 exception the Bid is premised upon performing and furnishing the Work required by the 30 Contract Documents and applying the specific means,methods,techniques,sequences or 31 procedures of construction(if any)that may be shown or indicated or expressly required 32 by the Contract Documents, (iii)that Bidder has given City written notice of all 33 conflicts,errors, ambiguities and discrepancies in the Contract Documents and the 34 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 35 etc.,have not been resolved through the interpretations by City as described in 36 Paragraph 6., and (iv)that the Contract Documents are generally sufficient to indicate 37 and convey understanding of all terms and conditions for performing and furnishing the 38 Work. 39 40 3.4.The provisions of this Paragraph 4,inclusive, do not apply to Asbestos,Polychlorinated 41 biphenyls (PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 42 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 43 Documents. 44 45 4. Availability of Lands for Work,Etc. 46 CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 27,2012 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.1.The lands upon which the Work is to be performed, rights-of-way and easements for 2 access thereto and other lands designated for use by Contractor in performing the Work 3 are identified in the Contract Documents. All additional lands and access thereto 4 required for temporary construction facilities, construction equipment or storage of 5 materials and equipment to be incorporated in the Work are to be obtained and paid for 6 by Contractor. Easements for permanent structures or permanent changes in existing 7 facilities are to be obtained and paid for by City unless otherwise provided in the 8 Contract Documents. 9 10 4.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 11 in Paragraph SC 4.01 of the Supplementary Conditions.In the event the necessary right- 12 of-way, easements, and/or permits are not obtained,the City reserves the right to cancel 13 the award of contract at any time before the Bidder begins any construction work on the 14 project. 15 16 4.3. The Bidder shall be prepared to commence construction without all executed right-of- 17 way,easements, and/or permits, and shall submit a schedule to the City of how 18 construction will proceed in the other areas of the project that do not require permits 19 and/or easements. 20 21 5. Interpretations and Addenda 22 23 5.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 24 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 25 received after this day may not be responded to. Interpretations or clarifications 26 considered necessary by City in response to such questions will be issued by Addenda 27 delivered to all parties recorded by City as having received the Bidding Documents. 28 Only questions answered by formal written Addenda will be binding. Oral and other 29 interpretations or clarifications will be without legal effect. 30 31 Address questions to: 32 33 City of Fort Worth 34 1000 Throckmorton Street 35 Fort Worth,TX 76102 36 Attn: Tonda Rice,Parks and Community Service 37 Fax: (817)392-5724 38 Email: Tonda.rice@fortworthtexas.gov 39 Phone:(817)392-5759 40 41 42 5.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 43 City. 44 45 5.3.Addenda or clarifications may be posted via Buzzsaw at 46 hfp://www.fortworthtexas.gov/purchasing/. 47 CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 27,2012 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.4.A prebid conference may be held at the time and place indicated in the Advertisement or 2 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 3 Project. Bidders are encouraged to attend and participate in the conference. City will 4 transmit to all prospective Bidders of record such Addenda as City considers necessary 5 in response to questions arising at the conference. Oral statements may not be relied 6 upon and will not be binding or legally effective. 7 8 6. Bid Security 9 10 6.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 11 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 12 the requirements of Paragraphs 5.01 of the General Conditions. 13 14 6.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 15 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 16 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 17 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 18 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 19 other Bidders whom City believes to have a reasonable chance of receiving the award 20 will be retained by City until final contract execution. 21 22 7. Contract Times 23 The number of days within which, or the dates by which,Milestones are to be achieved in 24 accordance with the General Requirements and the Work is to be completed and ready for 25 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 26 attached Bid Form. 27 28 8. Liquidated Damages 29 Provisions for liquidated damages are set forth in the Agreement. 30 31 9. Substitute and "Or-Equal" Items 32 The Contract, if awarded, will be on the basis of materials and equipment described in the 33 Bidding Documents without consideration of possible substitute or"or-equal" items. 34 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 35 equal"item of material or equipment may be furnished or used by Contractor if acceptable to 36' City, application for such acceptance will not be considered by City until after the Effective 37 Date of the Agreement. The procedure for submission of any such application by Contractor 38 and consideration by City is set forth in Paragraphs 6.05A., 6.05B.and 6.05C. of the General 39 Conditions and is supplemented in Section 0125 00 of the General Requirements. 40 41 10. Subcontractors,Suppliers and Others 42 CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 27,2012 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 10.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 2 12-2011 (as amended),the City has goals for the participation of minority business 3 and/or shall business enterprises in City contracts.A copy of the Ordinance can be 4 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 5 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 6 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 7 Venture Form as appropriate. The Forms including documentation must be received 8 by the City no later than 5:00 P.M. CST, five(5)City business days after the bid 9 opening date.The Bidder shall obtain a receipt from the City as evidence the 10 documentation was received.Failure to comply shall render the bid as non- 11 responsive. 12 13 10.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 14 or organization against whom Contractor has reasonable objection. 15 16 11. Bid Form 17 18 11.1. The Bid Form is included with the Bidding Documents; additional copies may be 19 obtained from the City. 20 21 11.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 22 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 23 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 24 price item listed therein. In the case of optional alternatives,the words "No Bid," 25 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 26 written in ink in both words and numerals,for which the Bidder proposes to do the 27 work contemplated or furnish materials required. All prices shall be written legibly. 28 In case of discrepancy between price in written words and the price in written 29 numerals,the price in written words shall govern. 30 31 11.3. Bids by corporations shall be executed in the corporate name by the president or a 32 vice-president or other corporate officer accompanied by evidence of authority to 33 sign. The corporate seal shall be affixed. The corporate address and state of 34 incorporation shall be shown below the signature. 35 36 11.4. Bids by partnerships shall be executed in the partnership name and signed by a 37 partner,whose title must appear under the signature accompanied by evidence of 38 authority to sign. The official address of the partnership shall be shown below the 39 signature. 40 41 11.5. Bids by limited liability companies shall be executed in the name of the firm by a 42 member and accompanied by evidence of authority to sign. The state of formation of 43 the firm and the official address of the firm shall be shown. 44 45 11.6. Bids by individuals shall show the Bidder's name and official address. 46 47 11.7. Bids by joint ventures shall be executed by each joint venturer in the manner 48 indicated on the Bid Form. The official address of the joint venture shall be shown. 49 50 11.8. All names shall be typed or printed in ink below the signature. 51 CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 27,2012 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 11.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 2 which shall be filled in on the Bid Form. 3 4 11.10. Postal and e-mail addresses and telephone number for communications regarding the 5 Bid shall be shown. 6 7 11.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 8 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 9 to State Law Non Resident Bidder. 10 11 12. Submission of Bids 12 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 13 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 14 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 15 marked with the City Project Number,Project title,the name and address of Bidder, and 16 accompanied by the Bid security and other required documents. If the Bid is sent through the 17 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 18 with the notation"BID ENCLOSED" on the face of it. 19 20 13. Modification and Withdrawal of Bids 21 22 13.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 23 withdrawn prior to the time set for bid opening. A request for withdrawal must be 24 made in writing by an appropriate document duly executed in the manner that a Bid 25 must be executed and delivered to the place where Bids are to be submitted at any 26 time prior to the opening of Bids. After all Bids not requested for withdrawal are 27 opened and publicly read aloud,the Bids for which a withdrawal request has been 28 properly filed may, at the option of the City,be returned unopened. 29 30 13.2. Bidders may modify their Bid by electronic communication at any time prior to the 31 time set for the closing of Bid receipt. 32 33 14. Opening of Bids 34 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 35 abstract of the amounts of the base Bids and major alternates(if any)will be made available 36 to Bidders after the opening of Bids. 37 38 15. Bids to Remain Subject to Acceptance 39 All Bids will remain subject to acceptance for the time period specified for Notice of Award 40 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 41 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 42 43 16. Evaluation of Bids and Award of Contract 44 CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 27,2012 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 16.1. City reserves the right to reject any or all Bids, including without limitation the rights 2 to reject any or all nonconfonning,nonresponsive, unbalanced or conditional Bids 3 and to reject the Bid of any Bidder if City believes that it would not be in the best 4 interest of the Project to make an award to that Bidder,whether because the Bid is 5 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 6 meet any other pertinent standard or criteria established by City. City also reserves 7 the right to waive informalities not involving price, contract time or changes in the 8 Work with the Successful Bidder. Discrepancies between the multiplication of units 9 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 10 between the indicated sum of any column of figures and the correct sum thereof will 11 be resolved in favor of the correct sum. Discrepancies between words and figures 12 will be resolved in favor of the words. 13 14 16.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 15 among the Bidders,Bidder is an interested party to any litigation against City, 16 City or Bidder may have a claim against the other or be engaged in litigation, 17 Bidder is in arrears on any existing contract or has defaulted on a previous 18 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 19 Bidder has uncompleted work which in the judgment of the City will prevent or 20 hinder the prompt completion of additional work if awarded. 21 22 16.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 23 other persons and organizations proposed for those portions of the Work as to which 24 the identity of Subcontractors, Suppliers, and other persons and organizations must 25 be submitted as provided in the Contract Documents or upon the request of the City. 26 City also may consider the operating costs,maintenance requirements,performance 27 data and guarantees of major items of materials and equipment proposed for 28 incorporation in the Work when such data is required to be submitted prior to the 29 Notice of Award. 30 31 16.3. City may conduct such investigations as City deems necessary to assist in the 32 evaluation of any Bid and to establish the responsibility, qualifications, and financial 33 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 34 organizations to perform and furnish the Work in accordance with the Contract 35 Documents to City's satisfaction within the prescribed time. 36 37 16.4. Contractor shall perform with his own organization,work of a value not less than 38 35%of the value embraced on the Contract,unless otherwise approved by the City. 39 40 16.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 41 responsive Bidder whose evaluation by City indicates that the award will be in the 42 best interests of the City. 43 44 16.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 45 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 46 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 47 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 48 comparable contract in the state in which the nonresident's principal place of 49 business is located. 50 CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 27,2012 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 16.7. A contract is not awarded until formal City Council authorization. If the Contract is 2 to be awarded, City will award the Contract within 90 days after the day of the Bid 3 opening unless extended in writing. No other act of City or others will constitute 4 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 5 the City. 6 7 16.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 8 9 17. Signing of Agreement 10 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 11 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 12 Contractor shall sign and deliver the required number of counterparts of the Agreement to 13 City with the required Bonds, Certificates of Insurance, and all other required documentation. 14 City shall thereafter deliver one fully signed counterpart to Contractor. 15 16 17 18 END OF SECTION CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised November 27,2012 003513 BID FORM P:90e 1 of f SECTION tag 3513 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent(hereinafter also referred to as "yoj") to a City of Fort Worth (also referred to as "City") procurement are required tc complete Conflict of Interest Questionnaire (the attache! CIQ Form) and Local Goverrment Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretarythe required documentation and is eligible to hid on City Work. The referenced forms may also be downloaded frarn the website links provided below. htty_ffavvvw.ethics.state.tx.usfformslCIQ.pdf ht<to:ll wovw sethics.5tate tx us,'fRrms/CIS.odf Ca CIO Form is an file with City Secretary El C1Q Form is being provided to the City Secretary 0 CIS Form is on File with City Secretary ❑ CIS Farm is being provided to the City Secretary BIDDER: North Rock Construction LLC By: ,John F. Gann Il 525 S Loop 2$$ Signature- Suite 105 Denton, TX 76205 Title: President END OF SECTION CITY OF FORT WORTH STAN DARO CONSTRUCTI ON S F ECI FICATI ON 0000MENTS Farm Revised 20120327 rebid Old Rropasal Workbook 0041 00 BID FORM Page 1 of 11 SECTION 00 41 00 BID FORM TO: The City Manager c/o: The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: CITY OF FORT WORTH PARKS AND COMMUNITY SERVICES PARK RENNOVATIONS AT SYLVANIA, OAKLAND LAKE,AND LOST SPURS City Project No.: 45783 Unit/Parks: Unit 1/LOST SPURS PARK Unit 2/OAKLAND LAKE PARK Unit 3/SYLVANIA PARK 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 rebid Bid Proposal Workbook 0041 00 BID FORM Page 2 of 11 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) b. Concrete Paving Construction/Reconstruction(LESS THAN 15,000 square yards) c. Roadway and Pedestrian Lighting 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 rebid Bid Proposal Workbook 004100 Bre FDRU I-age3cf11 6,2. It is understood and agreed by ttw, biddur in signing this prupusaP that the total bid amount entered below is subject to verification andior modification by multiplying tho unit bid prlcoss for each pay item by the respective estimated quantities shown in this proposal and than totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items Total Base Bid $678,709.97 Alternate Birt V36,616.44 Additive Alternate Bid $14-8,374.57 Tata I Bid 7,1 ,740.98 7. Bid Submittal This Bid is submitted an Septernher 1C,2015 by the entity named helow Respectfully submitted, Recelpt is acknowledged of the Initial Ffollowing Addenda, Addondum No. 1: 'Signature) Addendum Inc. 2; Addendum No. 3: John F. Cann it Addendum No. 4: ;Printed Name) Title: President Company: North Rock Construetlon LLC Corporate Seat: Address' 525 S Loop 288 Suite 105 Denten, TX 76205 Mate of 0corperabom Texas Email: laann nrockconstruction,cram Phone: 04 C-220-5504 END OF SECTION CITY OF PC R7 WORTH 5TANRAW CONURUCTION SPECIFICATION OCCUMENT-5 Form RaMea ea 20120327 robld Old Pmpcwul Workbook 00 42 43 BID PROPOSAL Page 5 of I I t SECTION 00 42 43 PROPOSALFORM UNIT PRICE BI® Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification Unit of Bid Unit Price Bid Value No. Section No. Measure Quantity :LQST 'SPIJRS 1 3110.0101 Site Clearing 31 1000 AC 3 $1,023.15 $3,069.45 2 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 7170 $25.00 $179,250.00 3 0241.0013 Remove&Relocate of Existing Park Bench 0241 13 EA 1 $1,441.26 $1,441.26 4 0241.0900 Remove Concrete Pad 0241 13 SF 119 $5.96 $709.24 - - 5 9999.0003 Furnish and Install Shade Pavilion 11 68 13 EA 1 $24,027.61 $24,027.61 6 9999.0004 Pavilion Slab and Footing 32 13 13 SF 729 $7.93 $5,780.97 7 9999.0005 6'Picnic Tables 11 68 13 EA 2 $1,044.08 $2,088.16 8 9999.00058'PicnicTables 116813 EA 1 $1,044.08 $1,044.08 9 9999.0006 Benches 116813 EA 2 $1,160.09 $2,320.18 10 3213.0302 5"Conc Sidewalk(6'wide) 32 1320 SF 3006 $4.86 $14,609.16 11 0380.0001 Sawcut&Connect to Existing Concrete 03 8000 LF 65 $20.19 $1,312.35 12 3292.0100 Block Sod Placement-Bermudagrass 3292 13 SF 488 $1.26 $614.88 13 3292.0400 Seeding,Hydromulch 3292 13 SF 1,975 $0.33 $651.75 14 9999.0008 Multi-Use Court Slab 32 13 13 SF 905 $10.71 $9,692.55 - -- 15 9999.0009 Basketball Court Goal Assembly 1168 13 EA - 1 $3,645.42 $3,645.42 16 9999.0015 Trash Receptacles 1168 13 EA 1 $812.06 $812.06 17 3125.0101 SWPPP >_1 acre 31 2500 LS 1 $8,850.931 $8,850.93 Base Bid Total $259,920.05 ***Line Item 2 as a Lump Sum per plans as bid previously should have a total of$45816.30 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 rebid Bid Proposal workbook 00 42 43 BID PROPOSAL Page 6 of I 1 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal BidlistItem Description Specification Unitof Bid Unit Price Bid Value No. Section No. Measure Quantity 11 NIT 2: • 1 3110.0101 Site Clearing- 31 1000 AC 0.3 $10,231.53 $3,069.46 2 3123.0101 Unclassified Excavation by Plan 31 23 16 CY 808 $24.85 $20,078.80 3 3125.0101 SWPPP >_l acre 31 25 00 LS 1 $8,885.73 $8,885.73 4 0241.1300 Spot Remove Cone Curb&Gutter_ 0241 15 LF 107 $19.76 $2,114.32 5 3216.0101 Spot 6"Cone Curb and Gutter 32 16 13 LF 107 $35.48 $3,796.36 6 3213.0302 5"Conc Sidewalk(6'wide) 3213 20 SF 2083 $5.14 $10,706.62 7 0380.0001 Sawcut&Connect to Existing Concrete 03 8000 LF 48 $27.17 $1,304.16 8 0241.1700 1.5"Asphalt Overlay Parking Lot 02,41 15 SY 3033 $13.11 $39,762.63 9 3217.0101 6"SLD Pvmt Marking HAS(W) 32 17 23 LF 1582 $1.74 $2,752.68 10 3217.1008 Parking Lot Legend HC 3217,23 EA 4 $75.41 $301.64 11 3441.4000 Furnish/Install Alum Sign HC 34 41 30 EA 1 $458.24 $458.24 12 3292.0100 Block Sod Placement-Bermudagrass 3292 13 SF 232 $4.07 $944.24 13 3292.0400 Seeding,Hydromulch 3292 13 SF 1344 $0.33 $443.52 14 9999.0002 Wheel Stops 03 30 00 EA 25 $52.20 $1,305.00 15 9999.0003 Furnish and Install Shade Pavilion 1168 13 EA 1 $25,767.74 $25,767.74 16 9999.0004 Pavilion Slab and Footing 03 30 00 SF 729 $7.28 $5,307.12 17 9999.0005 6'Picnic Tables 1168 13 EA 2 $1,044.08 $2,088.16 18 9999.0005 8'Picnic Tables 11 68 13 EA 1 $1,044.08 $1,044.08 19 9999.0006 Benches 11 68 13 EA 2 $1,160.09 $2,320.18 20 9999.0015 Trash Receptacles 11 68 13 EA 1 $812.06 $812.06 21 3212.0303 3"Asphalt Pvmt Type D 32 12 16 SY 60 $23.96 $1,437.60 22 3212.0505 8"Asphalt Base Type B 3212 16 SY 60 $62.53 $3,751.80 23 9999.0012 Light Pole&Base Removal 2605 10 EA 8 $580.04 $4,640.32 24 9999.0013 Exterior Athletic Lighting&Electric Facilities 26 56 68 LS 1 $200,230.58 $200,230.58 (See Sheet 10 for Schedule)includes 26 05 00&26 05 33 Base Bid Total $343,323.04 Alternate 1 1 9999.0016 Solar Light Installation 126 56 00 JEA 1 $9,280.681 $9,280.68 2 9999.0017 SOL Greenway Lighting System 26 56 00 JEA 8 $5,394.39 $43,155.12 Alternative 1 Total $52,435.80 Alternate 2 1 9999.0018 Skate Park 11 68 13 LS 1 $52,957.86 $52,957.86 2 3231 0125 8 Chain Link,Aluminum 1168 13 LF 108 $31.90 $3,445.20 3 3213.0302 5"Cone Sidewalk(6'wide) 32 1320 SF 80 $10.79 $863.20 4 0380.0001 Sawcut&Connect to Existing Concrete 03 80 00 LF 16 $30.85 $493.60 Alternative 2 Total $57,759.86 Base Bid+Alternative 1 Total $395,758.84 Base Bid+Alternative 2 Total $401,082.90 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 rebid Bid Proposal Workbook 00 42 43 BID PROPOSAL Page 7 of 1 I SECTION 00 42 43 PROPOSALFORM 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 wow -UNIT 3:,SYLVANIA 1 0241.1300 Remove Conc Curb&Gutter 0241 15 LF 20 $53.75 $1,075.00 2 3216 0101 6"Conc Curb and Gutter 32 16 13 LF 20 $129.98 $2,599.60 3 0241.0001 1 5' Asphalt Overlay(Parking Lot) 02 41 15 SY 3002 $12.74 $38,245.48 _ - , - 4 3217 0101 6'SLD Pvmt Marking HAS(W) r.._ 32 17 23 LF 1805 $1.74 $3,140.70 5 3217.1008 Parking Lot Legend HC 32 17 23 EA 3 $75.41 $226.23 6 3125 0101 SWPPP >_1 acre 31 25 00 LS 1 $10,138.63 $10,138.63 7 0241.1700 1.5"Asphalt Overlay(Drive) 0241 15 SY 117.8 $16.88 $192884.64 8 19999.0002 Wheel Stops 03 30 00 EA 3 $52.201 $156.60 Base Bid Total $75,466.88 Alternate 1-West Parking Lot 1 0241.0002 Remove Asphalt Pavement(Lot) 0241 15 SYLL 3002 $10.80 $32,421.60 2 0241 1300 Remove Conc Curb&Gutter 0241 15 LF 1092 $14.00 $15,288.00 3 3213 0400 5 Concrete Parking Lot 32 13 13 SY 3002 $41.52 $124,643.04 4 3216.0101 6"Conc Curb and Gutter 32 16 13 LF 1092 $31.12 $33,983.04 Alternative 1 Total $206,335.68 Alternate 2-East Parking Lot 1 3217.01016"SLD Pvmt Marking HAS(W)_ 32 17 23 LF 660 $1.74 $1,148.40 2 3217.1008 Parking Lot Legend HCT 32 17 23 T EA 2 $75.41 $150.82 3 _ 0241 1700 1.5"Asphalt Overlay(Parking Lot) 0241 15 SY 1237 $10.32 _ _ _. $12,765.84 - 4 9999.0002 Remove&Replace Wheel Stops 03 30 00 EA 45 $52.20 $2,349.00 Alternative 2 Total $16,414.06 Alternate 3-East Parking Lot 1 9999.0002 Remove Wheel Stops 03 30 00 EA 45 $23.01 $1,035.45 2 9999.000 2 Replace Wheel Stops 03 30 00 EA- 30 $52.20 $1,566.00 _ ._ -- 3 132i6.0101 6"Conc Curb and Gutter 32 16 13 LF 460 $30.79 $14,163.40 Alternative 3 Total $16,764.85 Alternate 4-Concrete Drive 1 0241.0002 Remove Asphalt Pavement(Drive) 0241 15 SY 1178 $10.54 $12,416.12 2 0241.1300 Remove Conc Curb&Gutter 02 41 15.1.LF 804 $53.73 $43,198.92 3 3213.0400 5"Concrete Driveway___ _ _ _ 32 13 20 SY____,____ 1178 $41.52 $48,910.56 4 3216.0101 6"Conc Curb and Gutter 32 16 13 LF 804 $30.79 $24,755.16 Alternative 4 Total $129,280.76 Base Bid+Alternative 1 -Asphalt Parking Total $243,557.08 Base Bid+Alternative 2 Total $91,880.94 1, CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 rebid Bid Proposal Workbook 00 42 43 BID PROPOSAL Page 8 of I I SECTION 00 42 43 PROPOSALFORM UNIT PRICE BI® Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Specification U�oflffidNo. Section No. Mantity Unit Price Bid Value Bid Summary Base Bid UNIT 1: LOST SPURS $259,920.05 UNIT 2:OAKLAND LAKE $343,323.04 UNIT 3:SYLVANIA -_ .$75,466.88 Total Base Bid "-$678,709.97 Alternate Bid UNIT 3:SYLVANIA Alternate 1 $206,335.68 Alternate 4 $129,280.76 Total Alternate Bid $335,616.44 Additive Alternate Bid UNIT 2:OAKLAND LAKE Alternate 1 $52,435.80 Alternate 2 _ __-- -— $57,759.86 UNIT 3:SYLVANIA Alternate 2 $16,414.06 Alternate 3 _ $16,764.85 Total Additive Alternate Bid $143,374.57 Total Bidl $1,157,700.98 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 rebid Bid Proposal Workbook 004-137 VENDOR C[]MPPAKF TO STATE LAW Page IofI SECTION QD 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDE=NT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This taw provides that, In order to he awarded a contract as lour bidder. nonresidet)t bidden (0ut-Qt-stats oantractors 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 wouId be required to underW a nonresident biifder in order to obtain a comparable contract in the State which the nonresident's principal place of husiness 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 nor resident bidders tv do so will automatically disqualify that bidder. Resident bidders must check the boat in Section B. A. Nonresident bidders in the State cF our principal place of business, are required to be percent lower than resident bidders by State Law. A wpy of the statute is attached. Nonresident bidders in the Mata cf oilr principal place of business, are not required to underbid resident bidders. B. The principal place Df business of our company or our parent company or majority owner is in the State of Texas. P BIDDER: North Reck Construction LLC By: John F. Gann II 525 5 Loop 288 r Suite 10 (Signat�fre] Denten, 7X 76205 Titley President Date: Ct —to—1' FND OF SECUON CITY CSF FORT w®RTH STANDARD C ONS MUCT;ON S PEGI FICATON DD,UMENTS Form Revised 20113527 rebid Bfd Proposal Workbook 00 45 12 SID FORM Page 1 or I SECTION 00 4512 PREQJALPFICATION STATEMENT Each Bidder f€1r a City pro curernent is required to corn plete the Information below by identifying the prequalified Contractors andlor subcontractors whore they intend to ullilize for the majur work type(s)Iisted. Major Work Type ContractoriSubccntraclor Company Name Pregoalification Expiration Date ;asphalt Paving Construction/Reconstruction R,e You P L-r--6T P4 +L E {LESS THAN 15,000 square yards} Concrete Paving ConstructlonlReconstruction t-'a'-TR T'v f v- Lcr>~ - (LESS THAN 15,000 square yards) Roadway and Pedestrian 6r-,',C-5 E'I Lighting The undersigned hereby cerrtifres that the contractors andlor subcontractors described in the table above are currently prequalif led for the work types listed. BIDDER: North Rack Construction I_LC By: John F. Gann II 525 S Loop 288 Suite 105 (Signature) .. Denton, TX 76205 Title: President Date, END OF SECTION CrrYOF FORT WORTH 8iTANr7ARp CONSTRUCTION SPECIFICATION DOCUMENTS Farm Revised 24120120 rebid Bid Prgpp"1'iNprkbppk Fb- >'0 R T 1 May 11,2015 Reynolds Asphalt and Construction Co. ATTN: Bart McKay 710 S. Industrial Blvd, Suite 100 Euless, Texas 76039 RE: PREQUALIFICATION FOR PAVING PROJECTS City of Fort Worth APPROVAL EFFECTIVE DATE-•JUNE, 12015 ASPHALT PAVEI�fir ENT ILII AINTENANCE, -UNLIMITED ASPHALT PAVEMENT CONSTRUCT)ION/RECONSTRUCTIION 6-UNLIMITED Dear Mr. McKay: The City of Fort Worth Department of Transportation and Public Works has reviewed the materials you have submitted for prequalification RENEWAL to perforin street paving in the City of Font Worth. This letter is to advise you that you have been deemed qualified to bid upon and perform the types of street paving indicated above, up to the limits specified. This notice serves only to advise you of that prequalification as future project specifications may require and does not otherwise affect any other provisions of those same project specifications. This prequalification will remain in effect for two (2) years as long as you remain in good standing with the City of Fort Worth. Prior to the end of the two years you are required to submit a new financial statement for consideration. In the interim,if you have any questions or comments,please do not hesitate to contact me. Sincerely, C.W. "Andy"Anderson, PE,RPLS Assistant.Director of Transportation and Public Works Infrastructure Design and Construction Services TRANSPORTATION AND PUBLIC WORKS DEPARTMENT INFRASTRUCTURE PLAN REVIEW CENTER THE CITY Or FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH, TEXAS 76102 817-392-8363 * Fax 817-392-2483 C,'j Printed on recycled paper 0045 12-1 BIDDER QUALIFICATION STATEMENT Page 1 of 4 SECTION 00 4512 BIDDER QUALIFICATION STATEMENT Firm Name: North Rock Construction LLC Date Organized: 1/2013 LUPARTNERSHIP ❑ CORPORATION Address: 525 S Loop 288, Suite 105 City: Denton State: TX zip: 76205 Telephone Number: (940) 220-5500 Fax Number: (877) 305-4657 Number of years in business under present name: 2.5 current ownership Former name(s)of organization: "North Rock was formerly a division of JDK Assoc. CLASSIFICATION: ❑x General ❑ Building ❑ Electrical ❑Plumbing ❑ HVAC ❑Utilities ❑x Earthwork ❑Paving ® OtherConcrete LIST A MINIMUM OF THREE SIMILAR COMPLETED PROJECTS WITHIN LAST THREE YEARS PROJECT NAME AND LOCATION Unity Park Phase 2B, Highland Village, TX NAME/TELEPHONE NUMBER OF OWNER City of Highland Village Fince Espinosa (972) 317-7430 NAME/TELEPHONE NUMBER OF SURETY Philadelphia Indemnity Insurance Co. 1-877-438-7459 AMOUNT OF CONTRACT $380,713.75 COMPLETION DATE November 2013 SCOPE OF WORK DESCRIPTION N parking lot,restrooms and volleyball ct,erosion control,remove existing,earthwork and grading,construct/install concrete,signage,pavement markings,fencing,bike racks,landscaping,restroom bldg. PROJECT NAME AND LOCATION Watters Crossing, City of Allen, TX NAME/TELEPHONE NUMBER OF OWNER City of Allen,Matthew McComb (214) 509-4721 NAME/TELEPHONE NUMBER OF SURETY Philadelphia Indemnity Insurance Co. 1-877-438-7459 AMOUNT OF CONTRACT $369,894.23 COMPLETION DATE February 2014 SCOPE OF WORK DESCRIPTION Demo&haul off,excavation&grading,handicap&playground ramps,new concrete CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised August 17,2012 004512-2 BIDDER QUALIFICATION STATEMENT Page 2 of 4 pavement,hike&bike trail,drainage,install grills,benches&playground units,construct decomposed granite walk& seating area, stone veneer,sod&irrigation. PROJECT NAME AND LOCATION Highland Village Pedestrian Tunnel Trail Connection Highland Village,TX NAME/TELEPHONE NUMBER OF OWNER City of Highland Village Fince Espinosa (972) 317-7430 NAME/TELEPHONE NUMBER OF SURETY Philadelphia Indemnity Insurance Co. 1-877-438-7459 AMOUNT OF CONTRACT $1,007,937.94 COMPLETION DATE May 2015 SCOPE OF WORK DESCRIPTION 5"&6"reinf.concrete pavement,reinforced concrete pipe and box culvert drainage, structures,inlets,headwalls,stone veneer reinforced concrete retaining walls,landscaping,irrigation,electrical,and misc related appurtenances. PROJECT NAME AND LOCATION Russell Creek Trail Undercrossing at Independence Plano, TX NAME/TELEPHONE NUMBER OF OWNER City of Plano,Renee Burke Jordan (972) 941-7168 NAME/TELEPHONE NUMBER OF SURETY Philadelphia Indemnity Insurance Co. 1-877-438-7459 AMOUNT OF CONTRACT $440,292.07 COMPLETION DATE December 2013 SCOPE OF WORK DESCRIPTION Erosion control,temp fencing,clearing&grubbing,grading,demo,construct and connect drainage structures,new hike&bike reinforced concrete trial,retaining wall w/stone face,guard rail w/stone columns,sod. PROJECT NAME AND LOCATION E. Jefferson Bridge# 2 Rehabilitation Grand Prairie, TX NAME/TELEPHONE NUMBER OF OWNER City of Grand Prairie,Leland Miller (972) 237-8529 NAME/TELEPHONE NUMBER OF SURETY Philadelphia Indemnity Insurance Co. 1-877-438-7459 AMOUNT OF CONTRACT $516,812.91 COMPLETION DATE January 2014 SCOPE OF WORK DESCRIPTION Erosion control&prep row,demo&remove existing concrete&metal,remove& repair cracked concrete,install new guard fence&rail,concrete,wing wall extensions,bridge rail&transitions. CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised August 17,2012 004512-3 BIDDER QL;Af 1FICATION STATEMENT Page.3 of 4 2. LIST CONSTRUCTION SUPIERTNTENDENT'S NAME AND CONSTRUCTION EXPERIENCE: MY OF FORT WORTH Lust Spun,Oakland Lakr&Sylvania Parte Reror+a#ion3 STANDARD CONSTRUCT[ON SPEQFICAT]ON DOCUMENTS 43383 Reviiied August 17,2012 0045 12.4 DMI)ER QUALTMATION STATEMENT Page 4 of 4 3. LIST ALL LABOR SUBCONTRACTORS (attach additional pages as needed) SUBCONTRACTOR NAME J Gla ,�Tf ktiW TF—kDE PREVIOUS PROJECT EXPERIENCE/CONTACT NAME/TELEPHONE NUMBER A. B C. StMCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE(CONTACT NA M&FTELEPHONE NUMBER A. B C. SUBCONTRACTOR NAME TRADE PREVIOUS PROJECT EXPERIENCE iCONTACT NAMRITELEPHONE NUMBER A. B C. SU13CONT'R,ACTOR NAME TRADE PREVIOUS PROJECT EXPERJENCE ICONTACT NAMEITELEPHONE NUMBER A- B C. C[TV OF FORT WORTH Lapk Spars,Oddapd Lake&5ylvwia Perk RmovAms STANDAR 1)CONSTRUCTION SP)E CIFIC".AT[ON OCOMEM 45763 RcviodAugust 17,2612 OD452b-1 WNTRACTOP.COI PLUNCE WITH 11 ORKEk'S C0106NSAMN LAW Page lofI 1 SECE[ON 110 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S CDMFENSATICN 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 P'rojeet No.2013049.0. Contractor further certifies that,pursuant to Texas Labor Code, Section 6 406.096(b). as amended, it will provide to City its suboontractor's certificates of compliance with 7 worker's compensation coverage. a 9 CONTRACTOR: 10 11 Worth Rack Construction LLC 13y: Jahn F. Gann 11 12 Company (Please Print) 13 - 14 525 S Loop 288, Suite 105 Signature: 15 Address 16 17 Denton, TX 76205 Title: President 18 LitylStatelzip (Please Print) 19 20 21 THE STATE OF TEXAS 22 2.3 CouNT5C UP' 1'AffltAdqT Deuton 24 25 BEFORE ME,the undersigned authority, on this clay personally appeared 26 John F_ Gann 1I ,known to me to be the person whose name is 27 subscribed to the foregoiulg instrunrent,and a.olwowledged to me that helshe executed the same as 2E the acct and deed of Pmsidetit for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 Oth day of 32 Srwptembear ,Z11 - 1%- 33 34 . 35 : 36 'f otary Public in Lind for the State of Texas 37 38 END OF SECTION ;',; ' x StARR Texas xfn. 9 Me 8ARDARh Sts O 01 Te=S CW eslar�+PWta41�C, my Cernmisilon ExPlras + `,p Novembei 26. 20t8 CT]I"'Y OF FORT WORTH Lost Spurs,Oakland Lake and Sylvania park Rertouelians STANDARD CGNSTRUCTION SPECIFICATION>ICJC[J ONTS 45783 Revised July 1,2011 004541-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page I of 1 1 SECTION 00 45 41 2 SMALL BUSINESS ENTERPRISE GOAL 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than$50,000,then the SBE subcontracting goal may 6 be applicable. If the total dollar value of the contract is$50,000 or less,the SBE subcontracting goal 7 is not applicable. 8 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Small 11 Business Enterprises (SBE) in the procurement of all goods and services. All requirements and 12 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 13 14 SBE PROJECT GOAL 15 The City's SBE goal on this project 8% of the total bid (Base bid applies to Parks and Community 16 Services). Note: If both MBE and SBE subcontracting goals are established for this project,then an 17 Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed 18 responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts greater than $50,000 where a SBE subcontracting goal is applied, bidders are 22 required to comply with the intent of the City's Business Diversity Ordinance by one of the 23 following: 24 1. Meet or exceed the above stated SBE goal through SBE subcontracting participation, or 25 2. Meet or exceed the above stated SBE goal through SBE Joint Venture participation, or 26 3. Good Faith Effort documentation, or; 27 4. Waiver documentation. 28 Failure to comply with the City's Business Diversity Ordinance, shall result in the Bid being 29 considered non-responsive.Any questions,please contact the M/WBE Office at(817)392-6104. 30 31 SUBMITTAL OF REQUIRED DOCUMENTATION 32 The applicable documents must be received by the Managing Department, within the following 33 times allocated, In order for the entire bid to be considered responsive to the specifications the 34 Qfe�ahall delivxtlie 5 �loeioltaatnie o a -�pN P 3' 1 35 e aztne t and algin dtefi eceip S}rG ea co�rttieG ,tT1_t €fiex �e ved the P 1� 36 doeuxlenlaton n1z tinrr�alloGateAaecLc n ct1Gceecl 1. Subcontractor Utilization Form,if goal is received by 2:00 p.m.,on the second City business days after met or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 2:00 p.m.,on the second City business days after Utilization Form,if participation is less than the bid opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 2:00 p.m.,on the second City business days after Utilization Form,if no MBEparticipation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm will received by 2:00 p.m.,on the second City business days after perform all subcontracting/supplier work: the bid o e ing date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint received by 2:00 p.m.,on the second City business days after venture to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 37 END OF SECTION CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised December 20,2012 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on January 12, 2016 is made by and between the City of 5 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 6 Manager, ("City"), and North Rock Construction LLC authorized to do business in Texas, 7 acting by and through its duly authorized representative, ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Park Improvements at Oakland Lake Park,Sylvania Park and Lost Spurs Park 17 45783 18 Article 3. CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 180 calendar days after the date 24 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 25 Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for six hundred fifty Dollars ($650.00) for each day 34 that expires after the time specified in Paragraph 3.2 for Final Acceptance until the City 35 issues the Final Letter of Acceptance. CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 45783 Revised August 17.2012 005243-2 Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Seven Hundred Sixty Nine Thousand Six Hundred 39 Forty Eight and 74/100...........................................................Dollars($769,648.74) 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A. The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents (project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Foim(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MBE and/or SBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 45783 Revised August 17.2012 005243-3 Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of, the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages beim 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs,expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city,arising out of,or alleged to arise out of,the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act,omission or negligence of the city. 95 96 Article 7.MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 45783 Revised August 17.20I2 945243-4 Agrtvtmcnr Pgv-4 of4- 116 J16 7.6 {Other Provisions. 117 The Cantmctor agrees to pay at least minimum wage per hour for all labor as the same is II classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to .sign Agreement, if other than duly l22 authorized signatory ofrho Contractor. 1.23 12.4 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 12.6 1.27 This Agreement is effective as of the last date signed by the Parties("Effcctive Date"). 128 Cotitractoit- City ort earth > r :. ,— ;r Susan Aianis B �' T s _._ assistant City Manager (Signature) Date ,, e n � Attest: (Printed Name) City Secretary (Seal) + , Title: ?mss l' +> ,)t M&C C . Date. Ci JStatel i r, A proved as tG Form and.Legality: ❑ate Douglas W. Black Assistant City Attorney 130 131 APPROVAL RUCOMMEND 132 133 Orr-IC1AL RE 134 135 ,11M � ich and Zavala 1361 pg14x IX ]RECTOR. 137 epurtmenl of Forks & Community Services 139 CITY CE=PORT WORTI I J wo*ars,Oakland?,ake&Syhauea Pai k STANDARD CONSTRUCTION SJECJFICAT]ON DOCUMENT 45763 Ravi"August 17.2012 006113-1 PERFORMANCE BOND Page 1 of 2 Bond No. PB03228301451 t SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 KNOW ALL BY THESE PRESENTS- 6 SE6 COUNTY OF TARRANT § 7 That we,North Rock Construction,LLC,known as"Principal"herein and 8 Philadelphia Indemnity Insuraolce Company ,acorporate surety(sureties,if more than 9 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 10 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 11 pursuant to the laws of Texas,known as"City"herein,in the penal sum of,Seven Hundred 12 Sixty Nine Thousand Six Hundred Forty Eight and 741100.,.....Dollars($7§9,648.'74 ,lawful 13 money of the United States,to be(said in Fort Worth,Tarrant County,Texas for the payment of 14 which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators, 15 successors and assigns,jointly and severally,firmly by these presents. 16 VAHEREAS,the Principal has entered into a certain written contract with the City 17 awarded the 12t1►day of January,2016which Contract is hereby referred to and made a part 18 hereof for all purposes as if fully set forth herein,to furnish all materials,equipment labor and 19 other accessories defined by law, in the prosecution of the Work,including any Change Orders, 20 as provided for in said Contract designated as Park Improvements at Oakland Lake Park, 21 Sylvania Park and Lost Spurs Park, 22 45783 23 NOW,THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perform the Work,including Change Orders,under the Contract,according to the plans, 26 specifications,and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in full force and effect. 29 PROVIDED FURTBER,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northem District of Texas,Fort 31 Worth Division. CITY OF FORT WORTH Lost Spurs,Oakland Lake,&Sylvania Park STANDARD CONSTRUC HON SPECIFICATION DOCUMENTS 45783 Revised July 1,2011 006L 13-2 PbRFOR NCE WAD D Pap 2of2 1 This hmd is ode and executed in complinew with the provisim,%of Chapter 2253 of the 2 Texas Caverurnput Code,as wnended,and ill liahiftes ori tW bond snail be deUrmined in 3 +accordanec wkb the provisions of said staluc. 4 IN1lVffNFSS V;UFdIMJF,the Principal and the Sural have SIGNED and SEALM 5 this katmment by duty authorized agents and officers on this die.14h day of.Jmtka y 2.0 16.. 7 PKiMPAL, g North Racy Construction LLC 1b i BY: 44 12 $igu$ku 3 A I 14 is 16 Secretary and' a)lc 17 18 Address 19 Denten,X 7$ 5 24 - 21 ,-v 22 witaoss as to Principal, - -- 23 SURETY: 24 qtr prr.� Philadelphia Indemnity Insurance 26 27 '13Y: fry} 29 30 .Brady K- Ct}x. Al rrtey_irt-Fact 31 Name and Title 32 33 Address One Bala Plat Suite 100 �`.,. 34 Bala Cynwyd PA 19004-1403 35 37 WiaiDks as to SuretyyT Taleptaone-xumher. 610-61 7-7900 - 38 Lindsey Laakerman 39 40 41 *N*te: If signed by an affleer of the Surety Company, there roust he on dile a cerdfied extract 42 f m the by-laws shuwiag thaC this peraon has authority to sigh snob obligation. If 43 Suit 's physical address is drt'fierent Born its mailing address, botli roust be provided. 44 The dam of the bond shall not be prier to the date the Conztmet its awartted. 45 CITY OF FORT WORTH Luist Spurs,Oakland Ln1=,A SyNaviaftk STANDA"MNSnUCMNSP!?Cf,PrCAT[ON DOCUMENTS 45781 K"iwd tiny 1,2011 006114-1 PAYMENTBOND Page 1 of 2 Bond No. PB03228301451 1 SECTION 00 6114 2 PAYMENT BOND 4 THE STATE OF TEXAS 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, North Roc& Construetion, LLC known as "Principal" herein, and 8 Philadelphia Indemnity Insurance Company corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of Seven Hunred Sly&Nine Thousand Six Hundred Forty Eight and 74/100...... 13 Dollars ($769.648.70, lawful money of the United States, to be paid in Fort Worth, Tarrant 14 County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our 15 heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 12th day of January, 20I6, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law,in the prosecution of the Work as provided for in said Contract and 21 designated as Park Improvement at Oakland Lake Park, Sylivania Park and Los# Surs 22 Park 23 15783 24 NOW, TFIEREFORE, CONDITION OF THIS OBLIGATION is such that if 25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 26 Chapter 2253 of the Texas Government Code, as amended)in the prosecution of the Work under 27 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 28 force and effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 'Texas Government Code, as amended, and all liabilities on this bond shall be determined in 31 accordance with the provisions of said statute, 32 CITY OF MRT WORTH Lost Spurn,Oakland lake&Sylvania Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised July 1,2011 005} 14-2 T'AYMLWF BOND Papa 2 Oft 2 IN AVUNES.9 WRL,REOF,the Pt-incipel &ad Sutety have eavh SIGNED and SEALED 2 this instrument by My authorized agents aad officers on this the 12th day of Januam 2016. 3 PRINCIrAL: North Rack Construction, LLC _ A i TEW BY: Si re ++ ( ncip�l}S tea y h -%-- N and Tide Address- 525-So.Loop 288,-Suite 105 Dentan. X762 5 Witness as to Principal SURETY: Philadelp is Indemnity Insurance Com art --- ATTEST: Bpi.- a�... { Brady K. Cox,Attorney-in-Fact (Surety)Socrotary Calidiee Allure Nme and Tilley -- r' Address: one Bab PIaza 5uita 10D t Bala Cvr7wyd. PA 19041-1 Q03 r Oft 4to Surety — - Lindsey Lockerman Telephone Number. 610-617-7900 4 5 Note: If sigmA by an officer of the Surety, there ntust be €>'ra We ii certified extinct firom the 6 bylaws showing that this person has authority to sigtn such obligation. If Surety's physicat 7 addimss is diffinent from its mailing address,both>rmi9t be provided. 8 9 The data of the bond shah not he prior to the date the Contract is awarded_ 10 END OF SECHOW t1 CITY Of FOIST WORTH LAY Spurs,OaUuW Laky&Sylviwigi Park STANDAW COMTRUCnON SP CIMCq,MN DOC UMENYS 45783 ltc^visnd July 1,2011 006119-1 MAINTENANCE BOND Page I of3 l SECT110N 00 6119 Bond No. PB03228301451 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we North Rack Canatruction,LLC.known as"Principal"herein and 9 Philadelphia Indemnity Insurance Company ,a corporate surety(sureties,if more than 10 one)duly authorized to do business in the State of Texas,known as"Surety"herein(whether one 11 or more),are held and firmly bound unto the City of Fort Worth,a municipal corporation created 12 pursuant to the laws of the State of Texas,known as"City"herein,in Seven Hundred Sixty 13 Nine Thousand Six Hundred FoM Eight and 74/100.......................Dollars($769, .74), 14 lawful money of the United States,to be paid in Fort Worth,Tarrant County,Texas,for payment 15 of which sum well and truly be made unto the City and its successors,we bind ourselves, our 16 heirs,executors,administrators,successors and assigns,jointly and severally,fmnly by these 17 presents. 18 19 WHEREAS,the:Principal has entered into a certain written contract with the City awarded 20 thel2th day of January,2016 which Contract is hereby referred to and a made part hereof for 21 all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 22 accessories as defined by law,in the prosecution of the Work,including any Work resulting from 23 a duly authorized Change Order(collectively herein,the"Work")as provided for in said contract 24 and designated as Park Improvements at Oakland Lake Park,Sylvania Park and Lost Spurs 25 Park,945783 and 26 27 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans,specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 31 32 VVHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 45783 Revised July 1,2011 006119-2 MAINTENANCE BOND Page 2 of 3 9 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed.defective Work,it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond;and 11 12 PRO ED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern.District of Texas,port I4 Worth Division; and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches, 18 19 20 MY OF FORT WORTH Lost Spurs,Oakland Lake&Sylvania Park Renovations STANDARD CONSTRUC'ION SPECIFICATION DOCUMENTS 45783 Revised July 2,2011 006119-3 MAIhTENANC t BM Rap 3 UO 3 (N W11WESS MWREOF.the Principal and the Surety have each SIGNED and SEALED this 2 iW umnent byf duly authofdzed a Wats and officers on this the 2lh day of Junu% 2016, 3 d PitilwlCiPAL: s Aorth R-Pok Gond#raiOnn LLC 6 _ 8 By: 4 [a 11 r } 13 riticipani etary ,firrw 'Nam sand TRIP- 14 itle14 15 Address.k2SSQ. Loo 18.8 quite 1a 16 � 17 19 19 Witness as to Principal 20 -jz, -V&) -0^T4-i SURETY: 21 22 23 24 BY: 25 U .- 26 27 Brady K. Go Attorney'-in-Pact__ 29 A=ST,. Naum arta Title 29 30a, A,ddtass:One Bala Plaza, Suite 100 31 { Candice ALIP'] BaIa-Cynwyd, PA 19004-1403 32 33 34 Wiumk as toS ety `ulephone Number: 610-617-7900 35 Undsey Leckerman - 36 *Note: „iff's ped by an officer of the Surety Compamy.,there must be on filly a certified extract 37 from the by-taws showing that this parson has authority to sign such obligation-tion- Tf 38 Surety's physical address is different from its imatiiing address, both must be provided, 39 The date of the band shall not be prior to the date the Canard is awarded. 40 Cff Y[JF FUKT WURT11 I imt Spurs.CWdand Uks do 5ylvnriia Park Rewvadans S rANDARD COi'IS'!RUC'Y`t N SPElwFMATION I?D[;t]i4fE'[+17'S 457633 Ravistwi IWY 11 2011 ifi p'0-ktA'NT NOT-ICE ADVISO 1MPORTANTE T6 d twin intortraatian or make a camplaint:. Yau may para obcner inf. acion o para someter una que�a: tail ih surety's Jolt free W." hon Number#ar Usted puede.ilarraar l numerc,.de tei fond gratis de inf+arr iafiort onto mike a ccitimpt aht`at: para h rmacion o Para i Someter uric quela ah ora may atga uirrit RhHatlelphta tnctemJ. nity Ir�sut rac _ Uste�d#aq Xdn puede esarlbir.a pt�iladeiphla Comp by at< 1ha&n'n:ify 1nwrance Obwpony C1ai p) a t�lte 1c Baia tlez � u>t ;�itl0 gat; y d PA�± tlb4 8460y�.Wyds PA 1 004 1Fett+ .. rtrrritrdnt end__ Aft�r�tr�r flfax Vt I�roideni aril ��r tdr f:Surety. t arOdw Of Sure#y Yod miry �ntacf h�=Te a .l��parfrr��nt af:inwr.Mce Nede a6muniearae con et Depen0roento de to ab tri nisarm t+on.ora comp n� s;coverage, Figtits a�t�ros-4 .xe pay abtaner 9nformactQn grca or ori p�>�ant ;at oa CoMpanfas,coberturas, derech+5s a quejas ai: 1� 6 0Z�34J 439 You may vfiritethe Texts Q.apprtrri nt'of Irasuratace. . Puede escribir al.Depa#mento de Seguros de Texas: R i x 14 704 . P.'Q Sdx 140104 ,r�udt7itis t'X 78.71*J1 04 Au atm,l' 71 114-9104 i�(eFf t /ltrwvsr t US. ulleb httir�tluvanturttd(state tx us �(: r�i5 ux erf r eCitr�" t i<. fe.t us._ etaaal .fbnsu' r rrfea#fi n, d1 tate .0 PRF-L411�J t1 R Ct_AIIVi ni pLlT t hca0 d you I Ove:. i 1 PU7 A so8k PRIMAS CJ RECLAMOSi ilia i�tt�d f err 109 y�itar premium:o 0;out n Ctaitra, : tune urair dtsputq ec�ricerniente a su prim�p:a.iln out h#�ta1c cont of file Oro fiat ffthi dtptfXi".la t "Jahib,.c ohm. nlparae cin el°urety primer©.Si as-b not d,y cr may ooit Cf a etfJo T iJep8rtri`t n sa fe uet r ve Ca disputa,pude entorice of tnsurat :. . .. poram rCaiearr e Cori e((epp ti rrientc�( t 1). AiT i-Ap. THIS NOTIM TO YOU �B(�ND Tfri U:NA TE± Vk�S( A lJ f��PsMZ�D GAft trytie.as boa'�Ofarrntcan only�rrdf�ides not become a. .ste ayis4 es halo pari gropQsitcs de inforrnaign y Mit(5r rfiradl#' fr of iiia ttt3i ed ti�ap�lrl�int':.. tip 0 hvOfte Q.,fiarfe ra corid►��ori ci> t doF;urrlentp atC�nte; r 10601 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza,Suite 100 Bala Cynwyd,PA 19004 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILADELPHIA INDEMNITY INSURANCE COMPANY(the Company),a corporation organized and existing under the laws of the Commonwealth of Pennsylvania,does hereby constitute and appoint:William D.Baldwin,Blaine Allen,Brent Baldwin,Brock Baldwin,Michael B.Hill,Monica Campos,Brady K.Cox&Russ Frenzel of Baldwin-Cor Auncv LLC Its true and lawful Attorney(s)in fact with full authority to execute on its behalf bonds,undertakings,recognizances and other contracts of indemnity and writings obligatory in the nature thereof,issued in the course of its business and to bind the Company thereby,in an amount not to exceed$25,000,000 This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly called the I'day of July,2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings,contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And,be it FURTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile,and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the future with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF,PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7TH DAY OF FEBRUARY 2013. P , (Seal) Robert D.O'Leary Jr.,President&CEO Philadelphia Indemnity Insurance Company On this 7`h day of February 2013,before me came the individual who executed the preceding instrument,to me personally known,and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY;that the seal affixed to said instrument is the Corporate seal of said Company;that the said Corporate Seal and his signature were duly affixed. COMMO Wl�AL OPPEPM VMA NOTARIAL WL- DANIELLE PORATH,Notary Pub➢c Lowu CoMerim n Mardi=2018 ,/►V�G�] Notary Public: residing at: Bala Cynwyd.PA (Notary Seal) My commission expires: March 22,2016 1,Craig P.Keller,Executive Vice President,Chief Financial Officer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY,do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in full force and effect.I do further certify that Robert D.O'Leary Jr.,who executed the Power of Attorney as President,was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 12th day of ,JanUary 2016 Craig P.Keller,Executive Vice President,Chief Financial Officer&Secretary W PHILADELPHIA INDEMNITY INSURANCE COMPANY DATE(MMIDDIYYYY) A CERTIFICATE OF LIABILITY INSURANCE 1/25/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME CT Cheryl Rogers K & S Insurance Agency PHONE (972)771-4071 FAX o.(972)771-4695 2255 Ridge Road, Ste. 333 E-MAiLAppgESS crogers@kandsins.com P. 0. BOX 277 INSURERS AFFORDING COVERAGE NAIC# Rockwall TX 75087 INSURERA:The Cincinnati Insurance Co. INSURED INSURERB:Service Lloyds Insurance Co North Rock Construction, LLC INSURERC: 525 S. Loop 288 INSURER D: Shite 105 INSURER E: Denton TX 76205 INSURER F: COVERAGES CERTIFICATE NUMBER:15/16 Revised 12/4/15 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDL SUER im POLICY NUMBER MM/DDY EFF MMIDD EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED 100 0 PREMISES Ea occurrence $ r 00 A CLAIMS-MADE �OCCUR PP0184103 /11/2015 /11/2016 MED EXP(Any one person) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OPAGG $ 2,000,000 POLICYFX PRO LOC $ AUTOMOBILE LIABILITY COaBINED SINGLE LIMIT 1,000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED EPA0184103 /11/2015 /11/2016 BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident PIP-Basic $ 2,500 X UMBRELLA LIABOCCUR EACH OCCURRENCE $ 2,000,000 A EXCESS LIAB HCLAIMS-MADE AGGREGATE $ 2,000,000 DED I X I RETENTION$ 10,00C PP0184103 /11/2015 /11/2016 $ $ WORKERS COMPENSATION X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1, 00,000 OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) RZG27562-15 /11/2015 /11/2016 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Leased/Rented Equipment EPP0184103 /11/2015 /11/2016 $400,000w/$1000Deductible Installation Floater EPP0184103 /11/2015 /11/2016 $2,500,000 w/$1000 Deductible DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if more space is required) Project: Park Improvements at Oakland Lake Park, Sylvania Park and Lost Spurs Park City Project #45783 / M & C No. C-2598 *Additional Insured & Waiver of Subrogation form #GA233 02/07 applies to the General Liability policy. *Additional Insured form AA4171 11/05 & Waiver of Subrogation form AA4172 09/09 apply to the Auto Liability policy. *Waiver of Subrogation form #WC420304B applies to the Workers Compensation policy. Waiver of Subrogation and Additional Insured form #US101 UM 12/04 applies to the Umbrella policy. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fort Worth ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Gary Thompson/CHERYL / �- ACORD 25(2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS025lgmnmi n1 Tho A(,npn nnmo nnel Inn^oro ronie4ororil mnrlra of Arnpn GENERAL LIABLITY COMMENTS/REMARKS Automatic Additional Insured - Any person or organization whom your required to add as such by reason of a written contract or agreement Primary & Non-Contributory where required by a written contract between the named insured and any person or organization that requires such status. Blanket Waiver of Subrogation as required by written contract between the named insured and any person or organization that requires such status. 30 Day Notice of Cancellation form #IA40870811 AUTOMOBILE LIABILITY Additional Insured by Contract - Any person or organization that you are required by a written contract to name as additional insured. Blanket Waiver of Subrogation - We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered "auto" when you have assumed liability for such "bodily injury" or "property damage" under an "insured contract", provided the "bodily injury" or "property damage"occurs subsequent to the execution of the "insured contract". 30 Day Notice of Cancellation form #IA40870811 WORKERS COMPENSATION Blanket Waiver of Subrogation as required by written contract between the named insured and any person or organization that requires such status. 30 Day Notice of Cancellation form #WC420601 UMBRELLA 30 Day Notice of Cancellation form #IA40870811 Waiver of Subrogation and Additional Insured form #US101 UM 12/04 applies to the Umbrella policy. *ALWAYS REFER TO THE ATTACHED POLICY FORMS FOR SPECIFIC WORDING OF SUCH COVERAGE, LIMITS, CONDITIONS AND EXCLUSIONS. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. EPP0184103 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' M I L GENERAL LIABILITY BROADENEDS NT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement-Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage ..................................................................................................2 2. Unintentional Failure to Disclose Hazards..........................................................................................7 3. Damage to Premises Rented to You...................................................................................................8 4. Supplementary Payments................................................................................................................... 9 5. Medical Payments................................................................................................................................ 9 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b.).......................................... ..... .........................................................9 7. 180 Day Coverage for Newly Formed or Acquired Organizations ..................................................10 8. Waiver of Subrogation .......................................................................................................................10 9. Automatic Additional Insured-Specified Relationships: ................................................................10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • State or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions -Permits;and • Contractors'Operations 10. Broadened Contractual Liability -Work Within 50'of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment.......................................................................................14 12. Employees as Insureds -Specified Health Care Services: ............................................................14 • Nurses; • Emergency Medical Technicians;and • Paramedics 13. Broadened Notice of Occurrence......................................................................................................14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment,except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations;or b. $500,000 unless otherwise stated$ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.)and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a.$1,000 Coverage b.$5,000 unless otherwise stated $ Deductibles (Each Occurrence) Coverage a.$250 Coverage b.$250 unless otherwise stated , $ COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM a Area (For Limits in Excess of (For Limits in Excess of b Payroll $5,000) $5,000) (c) Gross Sales (d) Units e Other b. Care, Custody $ or Control TOTAL ANNUAL PREMIUM 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- plicable p- tle limit in t. Employee Benefit LiabilityCoverage ane in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or liabil- (1) Insuring Agreement ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explicitly provided for the insured becomes legally under Supplementary Pay- obligated to pay as dam- ments. ages caused by any act, er- (b) This insurance applies to ror or omission of the in- damages only if the act, er- sured, or of any other per- ror or omission, is negli- son for whose acts the in- gently committed in the sured is legally liable, to which this insurance ap- ,administration, of your plies. We will have the right employee benefit pro- and duty to defend the in- sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period;or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or suit on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE;and claim or "suit" when any 2) Our right and duty to "authorized repre- defend ends when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 2 of 15 i) Reports all, or formance of investment any part, of the vehicles;or act, error or 3 Advice y omission to us ) given to an or any other person with respect to insurer; that person's decision to participate or not to ii) Receives a participate in any plan written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion;and Any claim arising out of b) There is no other your failure to comply with applicable insur- the mandatory provisions of ance. any workers'compensation, unemployment compensa- (2) Exclusions tion insurance, social secu- rity or disability benefits law to: This insurance does not apply or any similar law. (a) Bodily Injury, Properly (g) ERISA Damage or Personal and Damages for which any in- Advertising Injury sured is liable because of "Bodily injury", "property liability imposed on a fiduci- damage" or 'personal and ary by the Employee Re- advertising injury". tirement Income Security Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits committed by any insured, are available, with reason- including the willful or reck- able effort and cooperation less violation of any statute. of the insured, from the ap- (c) Failure to Perform a Con- plicable funds accrued or tract other collectible insurance. Damages arising out of fail- (i) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer, including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to Employment-Related to meet any obligations under (j) Em Practices any plan included in the "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em- to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reassign- ment to perform; ment, discipline, defa- mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 3 of 15 ment-related practices, (e) A trust, you are an insured. acts or omissions;or Your trustees are also in- sureds, but only with re- (4) Consequential liability spect to their duties as as a result of(1), (2) or trustees. (3) above. This exclusion applies (2) Each of the following is also an PP insured: whether the insured may be held liable as an employer (a) Each of your "employees" or in any other capacity and who is or was authorized to to any obligation to share administer your "employee damages with or repay benefit program". someone else who must pay damages because of (b) Any persons, organizations the injury. or 'employees" having proper temporary authork (3) Supplementary Payments zation to administer your "emplo ee benefit program SECTION 1 - COVERAGES, " SUPPLEMENTARY PAY- if you die, but only until your MENTS - COVERAGES A AND legal representative is ap- B also apply to this Coverage. pointed. b. Who is an Insured (c) Your legal representative if you die, but only with re- As respects Employee Benefit Liabil- spect to duties as such. ity Coverage, SECTION II - WHO IS That representative will AN INSURED is deleted in its en- have allour rights and du- tirety and replaced by the following: ties under this Coverage Part. (1) If you are designated in the (3) Any organization you newly ac- Declarations as: quire or form, other than apart- (a) An individual, you and your nership, joint venture or limited spouse are insureds, but liability company, and over only with respect to the which you maintain ownership conduct of a business of or majority interest, will qualify which you are the sole as a Named Insured if no other owner. similar insurance applies to that organization. However, cover- (b) A partnership or joint ven- age under this provision: ture, you are an insured. Your members, your part- (a) Is afforded only until the ners, and their spouses are 180th dayy after you acquire also insureds but only with or form tfie organization or respect to the conduct of the end of the policy period, your business. whichever is earlier;and (c) A limited liability company, (b) Does not apply to any act, you are an insured. Your error or omission that was members are also insureds, committed before you ac- but only with respect to the quired or formed the or- conduct of your business. ganization. Your managers are in- C. Limits of Insurance sureds, but only with re- spect to their duties as your As respects Employee Benefit Liabil- managers. ity Coverage, SECTION III - LIMITS (d) An organization other than OF INSURANCE is deleted in its en- a partnership, joint venture tirety and replaced by the following: or limited liability company, (1) The Limits of Insurance shown you are an insured. Your in Section B. Limits of Insur- "executive officers" and di- ance, 1. Employee Benefit Li- rectors are insureds, but ability Coverage and the rules only with respect to their below fix the most we will pay duties as your officers or di- regardless of the number of: rectors. Your stockholders are also insureds, but only (a) Insureds; with respect to their liability as stockholders. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations (c) Persons or organizations applies to all damages makingby any one "em- making claims or bringing ployee", including such suits"; "employee's" dependents (d) Acts,errors or omissions;or and beneficiaries, because of all acts, errors or omis- (e) Benefits included in your sions to which this insur- "employee benefit pro- ance applies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability Our right Coverage of this endorsement 1) g ht and duty to is the most we will pay for all defend the insured damages because of acts, er- against any "suits" rors or omissions negligently seeking those dam- committed in the "administra- ages;and tion" of Your "employee benefit 2) Your duties, and the program'. duties of any other in- (3) Subject to the limit described in volved insured, in the (2) above, the Each Employee event of an act, error or Limit shown in Section B. Limits omission,or claim, of Insurance, 1. Employee apply irrespective of the Benefit Liability Coverage of application of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee", (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries,as a result of: claim or "suit" and, upon (a) An act,error or omission;or notification of the actiontaken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such d. Additional Conditions acts,errors or omissions, negligently committed in the As respects Employee Benefit Li- ability Coverage, SECTION IV - administration of your em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as However, the amount paid un- follows: der this endorsement shall not (1) Item 2. Duties in the Event of exceed, and will be subject to Occurrence, Offense, Claim or the limits and restrictions that Suit is deleted in its entirety and apply to the payment of benefits replaced by the following: in any plan included in the em- ployee benefit program". 2. Duties in the Event of an Act, Error or (4) Deductible Amount Omission,or Claim or Suit (a) Our obligation to pay dam- a. You must see to it that we are noti- on behalf of the - fied as soon as practicable of an act, ages ages applies only h the error or omission which may result in amount of damagessureo ex- a claim. To the extent possible, no- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred;and Each Employee. The limits of insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam- this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought b. Method of Sharing against any insured,you must: If all of the other insur- (1) Immediately record the specifics ance permits contribu- of the claim or "suit" and the tion by equal shares, date received;and we will follow this 2 Notify us as soon as practicable. method also. Under ( ) Y P this approach each in- You must see to it that we receive surer contributes equal written notice of the claim or suit as amounts until it has soon as practicable. paid its applicable limit of insurance or none of c. You and any other involved insured the loss remains, must: whichever comes first. (1) Immediately send us copies of If any of the other in- any demands, notices, sum- surance does not per- monses or legal papers re- mit contribution by ceived in connection with the equal shares, we will claim or"suit"; contribute by limits. Under this method, (2) Authorize us to obtain records each insurer's share is and other information; based on the ratio of its (3) Cooperate with us in the investi- applicable limit of in- gation or settlement of the claim surance to the total ap- or defense against the "suit"; plicable limits of insur- and ance of all insurers. (4) Assist us, upon our request, in c. No Coverage the enforcement of any right This insurance shall not against any person or organiza- cover any loss for tion which may be liable to the which the insured is insured because of an act, error entitled to recovery un- or omission to which this insur- der any other insur- ance may also apply. ance in force previous d. No insured will, except at that in- to the effective date of sured's own cost, voluntarily make a this Coverage Part. payment, assume any obligation, or e. Additional Definitions incur any expense without our con- sent. As respects Employee Benefit Li- t Item 5. Other Insurance is de- ability Coverage, SECTION V - ( ) DEFINITIONS is amended as fol- leted in its entirety and replaced lows: by the following: (1) The following definitions are 5. Other Insurance added If other valid and collectible 1. "Administration"means: insurance is available to the insured for a loss we cover a. Providing information to under this Coverage Part, "employees", including our obligations are limited their dependents and as follows: beneficiaries, with re- spect to eligibility for or Primary scope of "employee This insurance is pri- benefit programs'; mary except when c. b. Interpreting the "em- below applies. If this ployee benefit pro- insurance is primary, grams"; our obligations are not affected unless any of c. Handling records in the other insurance is connection with the also primary. Then, we employee benefit pro- will share with all that grams';or other insurance by the d. Effecting, continuing or method described in b. terminating any "em- below. ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 6 of 15 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits;and However, "administration" d. Vacationplans, includ- ingdoes not include: buy and sell pro- grams; leave of ab- a. Handling payroll de- sence programs, in- cluding military, mater- b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transpor- coverage of insurance, tation and health club including but not limited subsidies. to unemployment in- (2) The following definitions are surance, social security deleted in their entirety and re- benefits, workers' com- placed by the following: pensation and disability benefits. 21. "Suit" means a civil pro- 2. "Cafeteria plans" means ceeding in which money Ian authorized by applica- damages because of an ppla ee law le allow "employ- actwhich this or omission to insurance applies ees to elect to pay for -cer-tax are alleged. "Suit"includes: tain benefits with pre-tax dollars. a. An arbitration pro- 3. in which such 3. Employee benefit pro- „ damages are claimed grams means a program and to which the in- providing some or all of the sured must submit or following benefits to em- does submit with our ployees", whether provided consent; through a cafeteria plan or otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro- group accident or ceeding in which such health insurance; den- damages are claimedand to which the In- plans; and flexible tal, vision and hearing sured submits with our spending accounts; consent;or provided that no one c. An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and a. "Employee" means a per- such benefits are made son actively employed, for- generally available to merly employed, on leave those "employees"who of absence or disabled, or satisfy the plan's eligi- retired, "Employee" in- bilit requirements; cludes a "leased worker". y q "Employee" does not in- b. Profit sharing plans, clude a"temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV- COMMERCIAL GENERAL subscription plans, LIABILITY CONDITIONS, 7. Represen- provided that no one tations is hereby amended by the addi- ployee" may subscribe other than an em- tion of the following: to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to unintentionally you should fail to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not reject coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, of Paragraph shrinking or ex- a. The last Subparagraph g p pansion;or 2. SECTION I - COVERAGES, COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c.through do not I secretions, , o- 9 q• apply sects, birds, ro- to damage by fire, explosion, light- dents or other ning, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or indi- the owner. rectly by any of the follow- b. The insurance provided under SEC- ing. TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move- to "property damage" arising out of menta water damage to premises that are both rented to and occupied by you. 2) Water that backs up or overflows from a (1) As respects Water Damage Le- sewer,drain or sump; gal Liability, as provided in Water under the Paragraph 3.b.above: 3) ground surface press- The exclusions under SECTION ing on, or flowing or - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND Foundations, PROPERTY DAMAGE LIABIL- a) ITY, 2. Exclusions, other than i. walls, floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b) Basements, and the following are added: whether paved or This insurance does not apply not;or to: c) Doors,windows or other openings. (a) Property damage": 1) Assumed in any con- (c) Loss caused by or resulting tract;or from water that leaks or flows from plumbing, heat- 2) Loss caused by or re- ing, air conditioning, or fire sulting from any of thepprotection systems caused following: by or resulting from freez- ing, unless: a) Wear and tear; 1) You did your best to b) Rust, corrosion, maintain heat in the fungus, decay, building or structure;or deterioration, hid- den or latent de- 2) You drained the fect or any quality equipment and shut off in property that the water supply if the causes it to dam- heat was not main- age or destroy it- tained. self; (d) Loss to or damage to: C) Smog; 1) Plumbing, heating, air d) Mechanical conditioning, fire pro- breakdown in- tection systems, or cluding rupture or other equipment or ap- bursting caused pliances;or by centrifugal force; 2) The interior of any building or structure, or to personal property in the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 8 of 15 i caused by or resulting 5. Medical Payments from rain, snow, sleet The Medical Ex e y or ice, whether driven Person as stated in they Declarations is by wind or not. amended to the limit shown in Section B. c. Limit of Insurance Limits of Insurance, 5. Medical Pay- The Damage to Premises Rented to ments of this endorsement. You Limit as shown in the Declara- 6. Voluntary Property Damage and Care, tions is amended as follows: Custody or Control Liability Coverage (2) Paragraph 6. of SECTION III - a. Voluntary Property Damage Cov- LIMITS OF INSURANCE is erage hereby deleted and replaced by the following: We will pay for "property damage" to property of others arising out of opp- 6. Subject to 5. above, the orations incidental to the insured's Damage to Premises business when: Rented to You Limit is the most we will pay under ( ) y 1 Damage is caused b the in- COVERAGE A. BODILY sured or INJURY AND PROPERTY (2) Damage occurs while in the in- DAMAGE LIABILITY, for sured's possession. damages because of "property damage" to With your consent, we will make premises while rented to these payments regardless of fault, you or temporarily occupied by you with permission of b. Care, Custody or Control Liability the owner, arising out of Coverage any one "occurrence" to SECTION I - COVERAGES COV- which this insurance ap- plies. ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. (3) The amount we will pay is lim- Exclusions,J. Damage to Property, ited as described in Section B. Subparagraphs (3), (4) and (5) do Limits of Insurance, 3. Dam- not apply to "property damage" to age to Premises Rented to the property of others described You of this endorsement. therein. 4. Supplementary Payments With respect to the insurance provided by this section of the endorsement, the fol- Under SECTION I - COVERAGE, SUP- lowing additional provisions apply: PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. The Limits of Insurance shown in the Declarations are replaced by the lim- a. Paragraph 2. is replaced by the fol- its designated in Section B.Limits of lowing: Insurance, 6. Voluntary Property Up to the limit shown in Section B. Damage and Care, Custody or Limits of Insurance, 4.a. Bail Bonds Control Liability Coverage of this of this endorsement for cost of bail endorsement with respect to cover- bonds required because of accidents age provided by this endorsement. or traffic law violations arising out of These limits are inclusive of and not the use of any vehicle to which the in addition to the limits being re- Bodily Injury Liability Coverage ap- placed. The Limits of Insurance plies. We do not have to furnish shown in Section B. Limits of Insur- these bonds. ance, 6. Voluntary Property Dam- age and Care, Custody or Control b. Paragraph 4. is replaced by the fol- Liability Coverage of this endorse- lowing: ment fix the most we will pay in any one "occurrence" regardless of the All reasonable expenses incurred by number of: the insured at our request to assist us in the investigation or defense of (1) Insureds; the claim or "suit", including actual (2) Claims made or "suits" brought; loss of earnings up to the limit shown or in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- (3) Persons or organizations mak- dorsementper day because of time ing claims or bringing "suits", off from work. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 9 of 15 b. Deductible Clause 9. Automatic Additional Insured - Speci- (1) Our obligation to pay damages fied Relationships on your behalf applies only to a. The following is hereby added to the amount of damages for each SECTION II-WHO IS AN INSURED: "occurrence" which are in ex- cess of the deductible amount (1) Any person or organization de- stated in Section B. Limits of scribed in Paragraph 9.a.(2) Insurance, 6. Voluntary Prop- below (hereinafter referred to as erty Damage and Care, Cus- additional insured) whom you Jody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover- limits of insurance will not be re- age Part by reason of: duced by the application of such (a) A written contract or deductible amount. agreement;or (2) Condition 2. Duties in the Event (b) An oral agreement or con- of Occurrence, Offense, Claim tract where a certificate of or Suit, applies to each claim or insurance showing that per- suit irrespective of the amount. son or organization as an (3) We may pay any part or all of additional insured has been the deductible amount to effect issued, settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- tion taken, you shall promptly (a) The written or oral contract reimburse us for such part of the or agreement is: deductible amount as has been paid by us. 1) Currently in effect or becomes effective 7. 180 Day Coverage for Newly Formed or during the policy pe- Acquired Organizations riod;and SECTION II - WHO IS AN INSURED is 2) Executed prior to an amended as follows: "occurrence"or offense Subparagraph a. of Paragraph 4. is to which this insurance would apply;and hereby deleted and replaced by the fol- lowing: (b) They are not specifically provision is af- named as an additional in- a. Insurance under this p sured under any other pro- forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever is earlier; 8. Waiver of Subrogation (2) Only the following persons or g organizations are additional in- SECTION IV- COMMERCIAL GENERAL sured$ under this endorsement, LIABILITY CONDITIONS, 9. Transfer of and insurance coverage pro- Rights of Recovery Against Others to vided to such additional in- Us is hereby amended by the addition of sureds is limited as provided the following: herein: We waive any right of recovery we may (a) The manager or lessor of a have because of payments we make for premises leased to you with injury or damage arising out of your on- whom you have agreed per going operations or "your work" done un- Paragraph 9.a.(1) above to der a written contract requiring such provide insurance, but only waiver with that person or organization with respect to liability aris- ingand included in the "products-completedout of the ownership, operations hazard". However, our rights maintenance or use of that may only be waived prior to the "occur- part of a premises leased to rence" giving rise to the injury or damage you, subject to the following additional exclusions: for which we make payment under this Coverage Part. The insured must do This insurance does not nothing after a loss to impair our rights. apply to: At our request,the insured will bring suit or transfer those rights to us and help us 1) Any "occurrence" enforce those rights. which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant in that premises. chemical change 2) Structural alterations, in the product new construction or made intentionally by the vendor; demolition operations performed by or on be- d) Repackaging, un- half of such additional less unpacked insured. solely for the pur- pose of inspection, (b) Any person or organization on, demonstrati from which you lease testing, ti e th equipment with whom you substitution e have agreed per Paragraph under 9.a.(1) above to provide in- parts parts ons from the in- surance. Such person(s) or struc ,manufacturerand then repackaged organization(s)are insureds solely with respect to their in the al liability arising out of the container; maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organizations(s). spections, adjust- However, this insurance ments, tests or does not apply to any "oc- servicing as the currence"which takes place vendor has after the equipment lease agreed to make or expires. normally under- (c) Any person or organization takes to make in (referred to below as ven- the usual courseof business, in dor) with whom you have connection with distribution h agreed per Paragraph the d 9.a.(1) above to provide in- sale is the prod- surance but only with re- spect to "bodily injury" or ucts; "property damage" arising f) Demonstration, in- out of"your products"which stallation, servic- are distributed or sold in the ing or repair op- regular course of the ven- erations, except dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The insurance afforded in connection with the vendor does not the sale of the apply to: product; g) Products which, a) ;Bodily injury" or after distribution or property damage" sale by you, have for which the ven- been labeled or dor is obligated to relabeled or used pay damages by as a container, reason of the as- sumption of liabil- of any other thing ity in a contract oror substance by or agreement. Thiss for the vendor. exclusion does not apply to liability for 2) This insurance does damages that the not apply to any in- vendor would sured person or or- have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acquired such products, or b) Any express war- any ingredient, ranty unauthorized part or container, by you; entering into, ac- Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.,with its permission. Page 11 of 15