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Contract 50315
CITY j CONTRACT NO.SECRETARY0 3 l 5 FORT WORTH City Secretary i Construction p PROJECT MANUAL PtOJGCt Maln�aget® PROJECT THE CONSTRUCTION OF PEDESTRIAN SIDEWALK IMPROVEMENTS JOHN T. WHITE ROAD FROM ANDERSON BLVD TO COOKS LANE City Project No. 100637 Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig,P.E. Director,Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department & Water Department 2017 tE OF TF i . . AiARX V.ASSAAU /p t 761�9p A.N.A. Consultants,LLC s 5000 Thompson Terrace ANA CONSULTA"LLC RECEiVEp Colleyville,TX 76034 F,N O,F-20 ® SEALON TI TBPE Registered Firm No.F-20 r " "CDOCUMENT WAS„4J FEB 2 7 2018 BY WItnG v_/ISSJNIO.PE - LICENCE ORTH LICENCE NO.xM19 CITYSECRETARY � �� OFFICIAL RECORD CITY SECRETARY Ia"I". WORT",TX V I CITY OF FORT WORTH Pedearron Si*waik Ampruremen►s JoAn T.Whyte Road City Prwa No.100637 FORTWORTM, City of Fort Worth Standard Construction Specification Documents Adopted September 2011 000000-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 3 SECTION 00 00 00 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 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 - General Requirements 01 1100 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings 013216 Construction Progress Schedule 01 32 33 Preconstruction Video 01 33 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 01 57 13 Storm Water Pollution Prevention Plan 01 5813 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey(MODIFIED) 01 71 23.01 Attachment A, Survey Staking Standards 01 74 23 Cleaning 0177 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN:100637 Revised February 2,2016 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 33-Utilities 3305 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade 33 12 10 Water Services 1-inch to 2-inch Appendix GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GG 6.2 4 Nendiser-ifniaa4ien GR 0160 00 Pr-edue4 Requir-emeffts CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN.-100637 Revised February 2,2016 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 3 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 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03-Concrete 03 30 00 Cast-In-Place Concrete 0334 13 Controlled Low Strength Material(CLSM) 0334 16 Concrete Base Material for Trench Repair 03 8000 Modifications to Existing Concrete Structures Division 31 -Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control Division 32-Exterior Improvements 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 13 73 Concrete Paving Joint Sealants 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 3231 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 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 05 30 Location of Existing Utilities 33 1105 Bolts,Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 33 1220 Resilient Seated Gate Valve 33 1225 Connection to Existing Water Mains 33 1240 Fire Hydrants 33 49 20 Curb and Drop Inlets Division 34-Transportation 3471 13 Traffic Control END OF SECTION CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN.•100637 Revised February 2,2016 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/30/2018 DATE: Tuesday, January 30, 2018 REFERENCE NO.: **C-28554 LOG NAME: 20SIDEWALK IMPROVEMENTS JOHN T. WHITE ROAD SUBJECT: Authorize Execution of a Contract with Northstar Construction, LLC, in the Amount of$534,777.00 for the Construction of Pedestrian Sidewalks along John T White Road, Medical Drive and Sartain Drive (COUNCIL DISTRICT 5) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Northstar Construction, LLC, in the amount of$534,777.00 for construction of sidewalks along John T White Road, Medical Drive and Sartain Drive (100637). DISCUSSION: The Pedestrian Sidewalk Improvements project includes the construction of approximately 8,100 linear feet of concrete sidewalk and twenty-three Americans with Disabilities Act barrier free ramps along John T White Road between Anderson Boulevard and Medical Drive, Medical Drive between John T White Road and Sartain Drive and Sartain Drive between Medical Drive and Brook Ridge Drive. The project was advertised for bids in the Fort Worth Star-Telegram on October 26, 2017 and November 2, 2017. On November 30, 2017, the following bids were received: Bidders Amount Northstar Construction, LLC $534,777.00 New World Contracting, LLC $591,887.90 C. Green Scaping, LP $592,861.79 MHB Construction, Inc. $631,436.59 M/WBE OFFICE— Northstar Construction, LLC is in compliance with the City's BDE Ordinance by committing to 10 percent MBE participation. The City's MBE goal on this project is 10 percent. This sidewalk project is located in COUNCIL DISTRICT 5. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as appropriated, of the General Gas Lease Capital Project Fund. Logname: 20SIDEWALK IMPROVEMENTS JOHN T. WHITE ROAD Page 1 of 2 FUND IDENTIFIERS (FIDS): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year ChartField 2 FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Lane Zarate (7802) ATTACHMENTS 1. Compliance Memo John T White.pdf (CFW Internal) 2. FID John T White .pdf (CFW Internal) 3. Form 1295 John T White .pd f (Public) 4. Map John T White .pdf (Public) Logname: 20SIDEWALK IMPROVEMENTS JOHN T. WHITE ROAD Page 2 of 2 CITY OF FORT WORTH,TEXAS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT BID OPENING DATE: NOVEMBER 30TH,2017 ADDENDUM NO. 1 To the Specifications and Contract Documents For PEDESTRIAN SIDEWALK IMPROVEMENTS JOHN T. WHITE ROAD FROM ANDERSON BLVD TO COOKS City Project No. 100637 This addendum forms a part of the Specifications and Contract Documents for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below and acknowledge receipt on the outer envelope of your bid. Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The specifications and contract documents for PEDESTRIAN SIDEWALK IMPROVEMENTS JOHN T. WHITE ROAD are herebyrevised by Addendum No. 1 as follows: ? I. Specification Section 0045 12 Prequalification Statement is revised as follows: 1. On Page 1 of 1, Contractor is no longer required to be Prequalified for Paving—Sidewalk and Ramp work. See Attached revised specification document. This Addendum No. 1,forms part of the Specifications & Contract Documents for the above referenced project and modifies the original Project Manual & Contract Documents of thesame. Acknowledge your receipt of Addendum No. 1 by completing the requested information at the following locations: (1) In the space provided in Section 00 41 00, Bid Form, Page 3 of 3 (2) Indicate in upper case letter on the outside of your sealed bid envelope: "RECEIVED & ACKNOWLEDGE ADDENDUM NO. 1" Include a signed copy of Addendum No. 1 in the sealed bid envelope at the time of bid submittal, Failure to acknowledge receipt of Addendum No. 1 below could cause the subject bidder to be considered "NONRESPONSIVE", resulting in disqualification. RECEIPT ACKNOWLEDGED Kim Arnold, PMP, LEED-AP ASSISTANT DIRECTOR TRANSPORTATION AND PUBLIC ) WOR , DEP RTMENT By: w By: 11J j �`? 2 — 17 Najib Fard, P.E. Company: Northstar Construction, LLC Engineering Manager 0045 12-1 PREQUALIFICATION STATEMENT Page 1 of 1 1 SECTION 00 4512 2 PREQUALIFICATION STATEMENT 3 4 Each Bidder for a City procurement is required to complete the information below by 5 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 6 major work type(s)listed. 7 8 Major Work Prequalification Type Contractor/Subcontractor Company Name Expiration Date Favi} sid %—q Water Improvements 9 10 11 The undersigned hereby certifies that the contractors and/or subcontractors described in 12 the table above are currently prequalified for the work types listed. 13 14 BIDDER: 15 16 By: 17 Company (Please Print) 18 19 Signature: 20 Address 21 22 Title: 23 City/State/Zip (Please Print) 24 25 Date: 26 27 END OF SECTION 28 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN:100637 Revised July 1,2011 001113-1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 5 RECEIPT OF BIDS 6 Sealed bids for the construction of Pedestrian Sidewalk Improvements:John T.White Road will 7 be received by the City of Fort Worth Purchasing Office: 8 9 City of Fort Worth 10 Purchasing Division 11 200 Texas Street 12 Fort Worth,Texas 76102 13 until 1:30 P.M.CST,Thursday,November 30,2017,and bids will be opened publicly and read 14 aloud at 2:00 PM CST in the Council Chambers. 15 16 GENERAL DESCRIPTION OF WORK 17 The major work will consist of the(approximate)following: 18 Pedestrian Sidewalk Improvements: 19 • John T White Road(Anderson Boulevard to Cooks Lane) 20 • Medical Drive(John T White Road to Sartain Road) 21 • Sartain Drive(Medical Drive to Brook Ridge Drive 22 • Total—8,1001,17 of New Sidewalk 23 24 PREQUALIFICATION 25 The improvements included in this project must be performed by a contractor who is pre- 26 qualified by the City at the time of bid opening.The procedures for qualification and pre- 27 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 28 29 DOCUMENT EXAMINATION AND PROCUREMENTS 30 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 31 of Fort Worth's Purchasing Division website at h=:Hfortworthtexas.sov/purchasinJ and 32 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 33 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 34 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 35 Parties Form 1295 and the form must be submitted to the Project Manager before the 36 Contract Will he presented to the City Council.The form can be obtained at 37 httys://www.ethics.state.tx.us/tec/1295-Info.htm. 38 39 Copies of the Bidding and Contract Documents may be purchased from:A.N.A.Consultants, 40 LLC,which is located as follows: 5000 Thompson Terrace,Colleyville,TX 76034. 41 42 The cost of Bidding and Contract Documents is: 43 Set of Bidding and Contract Documents with half size drawings: $50 44 45 PREBID CONFERENCE 46 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 47 BIDDERS at the following location,date,and time: 48 DATE: November 7,2017 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised December 22,2016 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 TIME: 9 AM 2 PLACE: City Hall 3 200 Texas Street 4 Fort Worth,TX 76102 5 LOCATION: Conference Room 270,2nd Floor,Transportation and Public Works 6 7 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 8 City reserves the right to waive irregularities and to accept or reject bids. 9 10 INQUIRIES 11 All inquiries relative to this procurement should be addressed to the following: 12 Attn: Jennifer Roberts, P.E.,City of Fort Worth 13 Email: Jennifer.Roberts@fortworthtexas.gov 14 Phone: 817-392-8447 15 AND/OR 16 Attn: Mark Assaad,P.E.,ANA Consultants,LLC 17 Email: Mark.Assaad@ANALLC.com 18 Phone: 817-335-9900 19 20 ADVERTISEMENT DATES 21 October 26,2017 22 November 2,2017 23 24 END OF SECTION CITY OF FORT WORTH Pedestncm Sidewalk lnrprovementsJohn T. kVhrte Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised December 22,2016 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 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 00- 7 GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings 10 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 the 14 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 bid for 18 performing the work contemplated under the Contract Documents whose principal place 19 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(on the 22 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 for 31 any other use. 32 33 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding.Bids received from contractors who are not 37 prequalified(even if inadvertently opened)shall not be considered. Prequalification 38 requirement work types and documentation are as follows: 39 40 3.1.1. Paving—Requirements document located at; 41 https://projectpoint.buzzsaw.com/fortworthgov/Resources/020 42 %20Construction%20Documents/Contractor%o20Prequalification/TPW%20Pavin /°g o20C 43 ontractor%20Prequabfication%20Prouam/PREOUALIFICATION%20REOUIREMEN 44 TS%20FOR%20PA V ING%2000NTRACTORS.PDF?public 45 46 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; CITY OF FORT WORTH Peokstrian Sidewalk Improvements.John T Rhite Rood STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN' 100637 Revised August 21,2015 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of O 1 https:Hproiegtpgint.buzzsaw.com/fortworthizov/Resources/02%20- 2 %20Construction%2ODocuments/Contractor%2OPregualificationfFPW%2OPaving%2OC 3 ontractor%20Prequalification%20Program/PREOUALIFICATION%20REOUIREMEN 4 TS%20FOR%20PAVING%2000NTRACTORS.PDF?public 5 6 3.1.3. Water and Sanitary Sewer—Requirements document located at; 7 https:Hprojectpoint.buzzsaw.con/fortworthgov/Resources/02%20- 8 %20Construction%2ODocuments/Contractor%o2OPregualification/Water%2Oand%2OSan 9 itary%20Sewer%2OContractor%2OPrequalification%2OProgram/WSS%20pregua1%20re 10 quirements.doc?public 11 12 13 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within seven(7) 14 calendar days prior to Bid opening,the documentation identified in Section 00 45 11, 15 BIDDERS PREQUALIFICATIONS. 16 17 3.2.1. Submission of and/or questions related to prequalification should be addressed to the 18 City contact as provided in Paragraph 6.1. 19 20 21 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 22 bidder(s)for a project to submit such additional information as the City,in its sole discretion 23 may require, including but not limited to manpower and equipment records, information 24 about key personnel to be assigned to the project,and construction schedule,to assist the City 25 in evaluating and assessing the ability of the apparent low bidder(s)to deliver a quality 26 product and successfully complete projects for the amount bid within the stipulated time 27 frame.Based upon the City's assessment of the submitted information,a recommendation 28 regarding the award of a contract will be made to the City Council. Failure to submit the 29 additional information,if requested,may be grounds for rejecting the apparent low bidder as 30 non-responsive.Affected contractors will be notified in writing of a recommendation to the 31 City Council. 32 33 3.4.In addition to prequalification,additional requirements for qualification may be required 34 within various sections of the Contract Documents. 35 36 3.5.Special qualifications required for this project include the following: 37 38 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 39 40 4.1.Before submitting a Bid,each Bidder shall: 41 42 4.1.1.Examine and carefully study the Contract Documents and other related data identified 43 in the Bidding Documents(including"technical data'referred to in Paragraph 4.2. 44 below).No information given by City or any representative of the City other than that 45 contained in the Contract Documents and officially promulgated addenda thereto,shall 46 be binding upon the City. 47 48 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and site 49 conditions that may affect cost,progress,performance or furnishing of the Work. 50 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T Rhite Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN:100637 Revised August 21,2015 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost,progress, 2 performance or furnishing of the Work. 3 4 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or contiguous 5 to the Site and all drawings of physical conditions relating to existing surface or 6 subsurface structures at the Site(except Underground Facilities)that have been 7 identified in the Contract Documents as containing reliable"technical data" and(ii) 8 reports and drawings of Hazardous Environmental Conditions,if any,at the Site that 9 have been identified in the Contract Documents as containing reliable"technical data." 10 11 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of the 12 information which the City will furnish.All additional information and data which the 13 City will supply after promulgation of the formal Contract Documents shall be issued in 14 the form of written addenda and shall become part of the Contract Documents just as 15 though such addenda were actually written into the original Contract Documents.No 16 information given by the City other than that contained in the Contract Documents and 17 officially promulgated addenda thereto,shall be binding upon the City. 18 19 4.1.6.Perform independent research,investigations,tests,borings,and such other means as 20 may be necessary to gain a complete knowledge of the conditions which will be 21 encountered during the construction of the project.On request,City may provide each 22 Bidder access to the site to conduct such examinations,investigations,explorations,tests 23 and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all 24 holes and clean up and restore the site to its former conditions upon completion of such 25 explorations,investigations,tests and studies. 26 27 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the cost 28 of doing the Work,time required for its completion,and obtain all information required 29 to make a proposal.Bidders shall rely exclusively and solely upon their own estimates, 30 investigation,research,tests,explorations,and other data which are necessary for full 31 and complete information upon which the proposal is to be based.It is understood that 32 the submission of a proposal is prima-facie evidence that the Bidder has made the 33 investigation,examinations and tests herein required.Claims for additional 34 compensation due to variations between conditions actually encountered in construction 35 and as indicated in the Contract Documents will not be allowed. 36 37 4.1.8.Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or between 38 the Contract Documents and such other related documents.The Contractor shall not take 39 advantage of any gross error or omission in the Contract Documents,and the City shall 40 be permitted to make such corrections or interpretations as may be deemed necessary for 41 fulfillment of the intent of the Contract Documents. 42 f4443 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of- 44 45 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the 46 site which have been utilized by City in preparation of the Contract Documents.The 47 logs of Soil Borings, if any,on the plans are for general information only.Neither the 48 City nor the Engineer guarantee that the data shown is representative of conditions 49 which actually exist. 50 CITY OF FORT WORTH Pedesman 5ideivalk Improvements John T Whise Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN:100637 Revised August 21,2015 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.2.those drawings of physical conditions in or relating to existing surface and subsurface 2 structures(except Underground Facilities)which are at or contiguous to the site that 3 have been utilized by City in preparation of the Contract Documents. 4 5 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on 6 request. Those reports and drawings may not be part of the Contract Documents,but the 7 "technical data"contained therein upon which Bidder is entitled to rely as provided in 8 Paragraph 4.02.of the General Conditions has been identified and established in 9 Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any 10 interpretation or conclusion drawn from any"technical data" or any other data, 11 interpretations,opinions or information. 12 13 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i)that 14 Bidder has complied with every requirement of this Paragraph 4,(ii)that without exception 15 the Bid is premised upon performing and famishing the Work required by the Contract 16 Documents and applying the specific means,methods,techniques,sequences or procedures 17 of construction(if any)that may be shown or indicated or expressly required by the Contract 18 Documents,(iii)that Bidder has given City written notice of all conflicts,errors,ambiguities 19 and discrepancies in the Contract Documents and the written resolutions thereof by City are 20 acceptable to Bidder,and when said conflicts,etc.,have not been resolved through the 21 interpretations by City as described in Paragraph 6.,and(iv)that the Contract Documents are 22 generally sufficient to indicate and convey understanding of all terms and conditions for 23 performing and furnishing the Work. 24 25 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 26 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 27 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 28 Documents. 29 30 5. Availability of Lands for Work,Etc. 31 32 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for access 33 thereto and other lands designated for use by Contractor in performing the Work are 34 identified in the Contract Documents. All additional lands and access thereto required for 35 temporary construction facilities,construction equipment or storage of materials and 36 equipment to be incorporated in the Work are to be obtained and paid for by Contractor. 37 Easements for permanent structures or permanent changes in existing facilities are to be 38 obtained and paid for by City unless otherwise provided in the Contract Documents. 39 40 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed in 41 Paragraph SC 4.01 of the Supplementary Conditions.In the event the necessary right-of-way, 42 easements,and/or permits are not obtained,the City reserves the right to cancel the award of 43 contract at any time before the Bidder begins any construction work on the project. 44 45 5.3. The Bidder shall be prepared to commence construction without all executed right-of-way, 46 easements,and/or permits,and shall submit a schedule to the City of how construction will 47 proceed in the other areas of the project that do not require permits and/or easements. 48 49 6. Interpretations and Addenda 50 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T_PVhzte Road. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN. 100637 Revised August 21,2015 002113-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to City 2 in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions received after 3 this day may not be responded to.Interpretations or clarifications considered necessary by 4 City in response to such questions will be issued by Addenda delivered to all parties recorded 5 by City as having received the Bidding Documents. Only questions answered by formal 6 written Addenda will be binding. Oral and other interpretations or clarifications will be 7 without legal effect. 8 9 Address questions to: 10 11 City of Fort Worth 12 200 Texas Street 13 Fort Worth,TX 76102 14 Attn: Jennifer Roberts,P.E.,City of Fort Worth 15 Email: Jennifer.Roberts@fortworthtexas.gov 16 Phone:817-392-8447 17 18 19 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 20 21 22 6.3.Addenda or clarifications may be posted via Buzz-saw at 23 hops:11projectpoint.bu=saw.com/client/fortworthgov/Infrastructurea/o20Projects/100637%20- 24 01620idewalks%20201701620Gas%20We11%20Funds%20- 25 %2Uohn%20T.%20White/Bid%20Documents%20Package/Addenda. 26 27 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 28 INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. 29 Bidders are encouraged to attend and participate in the conference. City will transmit to all 30 prospective Bidders of record such Addenda as City considers necessary in response to 31 questions arising at the conference. Oral statements may not be relied upon and will not be 32 binding or legally effective. 33 34 7. Bid Security 35 36 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five(5) 37 percent of Bidder's maximum Bid price on form attached, issued by a surety meeting the 38 requirements of Paragraphs 5.01 of the General Conditions. 39 40 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award have 41 been satisfied. If the Successful Bidder fails to execute and deliver the complete Agreement 42 within 10 days after the Notice of Award,City may consider Bidder to be in default,rescind 43 the Notice of Award,and the Bid Bond of that Bidder will be forfeited. Such forfeiture shall 44 be City's exclusive remedy if Bidder defaults. The Bid Bond of all other Bidders whom City 45 believes to have a reasonable chance of receiving the award will be retained by City until 46 final contract execution. 47 CITY OF FORT WORTH Pedestrian Sia envalk Improvements Jc4m T-Glvhite Poad STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised August 21,2015 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which,or the dates by which,Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for Final 4 Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid 5 Form. 6 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or-Equal" Items 11 The Contract,if awarded,will be on the basis of materials and equipment described in the Bidding 12 Documents without consideration of possible substitute or"or-equal" items. Whenever it is 13 indicated or specified in the Bidding Documents that a"substitute"or"or-equal" item of material 14 or equipment may be furnished or used by Contractor if acceptable to City,application for such 15 acceptance will not be considered by City until after the Effective Date of the Agreement. The 16 procedure for submission of any such application by Contractor and consideration by City is set 17 forth in Paragraphs 6.05A.,6.05B.and 6.05C.of the General Conditions and is supplemented in 18 Section 01 25 00 of the General Requirements. 19 20 11. Subcontractors,Suppliers and Others 21 22 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020-12- 23 2011 (as amended),the City has goals for the participation of minority business and/or 24 small business enterprises in City contracts.A copy of the Ordinance can be obtained 25 from the Office of the City Secretary.The Bidder shall submit the MBE and SBE 26 Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor Waiver 27 Form and/or Good Faith Effort Form with documentation and/or Joint Venture Form as 28 appropriate.The Forms including documentation must be received by the City no later 29 than 2:00 P.M. CST,on the second business days after the bid opening date.The Bidder 30 shall obtain a receipt from the City as evidence the documentation was received.Failure to 31 comply shall render the bid as non-responsive. 32 33 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person or 34 organization against whom Contractor has reasonable objection. 35 36 12. Bid Form 37 38 12.1. The Bid Form is included with the Bidding Documents;additional copies may be obtained 39 from the City. 40 41 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form signed 42 in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Folin. 43 A Bid price shall be indicated for each Bid item,alternative,and unit price item listed 44 therein. In the case of optional alternatives,the words"No Bid," "No Change,"or"Not 45 Applicable"may be entered.Bidder shall state the prices,written in ink in both words and 46 numerals,for which the Bidder proposes to do the work contemplated or furnish materials 47 required.All prices shall be written legibly. In case of discrepancy between price in 48 written words and the price in written numerals,the price in written words shall govern. 49 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. 0vte Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: !00637 Revised August 21,2015 002113-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice- 2 president or other corporate officer accompanied by evidence of authority to sign. The 3 corporate seal shall be affixed. The corporate address and state of incorporation shall be 4 shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, 7 whose title must appear under the signature accompanied by evidence of authority to sign. 8 The official address of the partnership shall be shown below the signature. 9 10 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member 11 and accompanied by evidence of authority to sign. The state of formation of the firm and 12 the official address of the firm shall be shown. 13 14 12.6. Bids by individuals shall show the Bidder's name and official address. 15 16 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner indicated on 17 the Bid Form. The official address of the joint venture shall be shown. 18 19 12.8. All names shall be typed or printed in ink below the signature. 20 21 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 22 which shall be filled in on the Bid Form. 23 24 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid 25 shall be shown. 26 27 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas 28 shall be provided in accordance with Section 00 43 37—Vendor Compliance to State Law 29 Non Resident Bidder. 30 31 13. Submission of Bids 32 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents,at the 33 time and place indicated in the Advertisement or INVITATION TO BIDDERS,addressed to 34 Purchasing Manager of the City,and shall be enclosed in an opaque sealed envelope,marked with 35 the City Project Number,Project title,the name and address of Bidder,and accompanied by the 36 Bid security and other required documents. If the Bid is sent through the mail or other delivery 37 system,the sealed envelope shall be enclosed in a separate envelope with the notation"BID 38 ENCLOSED"on the face of it. 39 40 14. Modification and Withdrawal of Bids 41 42 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office cannot be 43 withdrawn prior to the time set for bid opening. A request for withdrawal must be made 44 in writing by an appropriate document duly executed in the manner that a Bid must be 45 executed and delivered to the place where Bids are to be submitted at any time prior to the 46 opening of Bids.After all Bids not requested for withdrawal are opened and publicly read 47 aloud,the Bids for which a withdrawal request has been properly filed may,at the option 48 of the City,be returned unopened. 49 CITY OF FORT WORTH Pedesman Sideivalk bngtrovenents John P White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CP;V:100637 Revised August 21,2015 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the time 2 set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates(if any)will be made available to 7 Bidders after the opening of Bids. 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award and 11 execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole 12 discretion,release any Bid and nullify the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1. City reserves the right to reject any or all Bids,including without limitation the rights to 17 reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids and to 18 reject the Bid of any Bidder if City believes that it would not be in the best interest of the 19 Project to make an award to that Bidder,whether because the Bid is not responsive or the 20 Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent 21 standard or criteria established by City. City also reserves the right to waive informalities 22 not involving price,contract time or changes in the Work with the Successful Bidder. 23 Discrepancies between the multiplication of units of Work and unit prices will be resolved 24 in favor of the unit prices. Discrepancies between the indicated sum of any column of 25 figures and the correct sum thereof will be resolved in favor of the correct sum. 26 Discrepancies between words and figures will be resolved in favor of the words. 27 28 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 29 among the Bidders,Bidder is an interested party to any litigation against City,City or 30 Bidder may have a claim against the other or be engaged in litigation,Bidder is in 31 arrears on any existing contract or has defaulted on a previous contract,Bidder has 32 performed a prior contract in an unsatisfactory manner,or Bidder has uncompleted 33 work which in the judgment of the City will prevent or hinder the prompt completion 34 of additional work if awarded. 35 36 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 37 other persons and organizations proposed for those portions of the Work as to which the 38 identity of Subcontractors,Suppliers,and other persons and organizations must be 39 submitted as provided in the Contract Documents or upon the request of the City. City 40 also may consider the operating costs,maintenance requirements,performance data and 41 guarantees of major items of materials and equipment proposed for incorporation in the 42 Work when such data is required to be submitted prior to the Notice of Award. 43 44 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation 45 of any Bid and to establish the responsibility,qualifications,and financial ability of 46 Bidders,proposed Subcontractors, Suppliers and other persons and organizations to 47 perform and furnish the Work in accordance with the Contract Documents to City's 48 satisfaction within the prescribed time. 49 CITY OF FORT WORTH Pedestrtan Sideivalk Lntproveinents John T. GVhite Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN:100637 Revised August 21,2015 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization,work of a value not less than 35%of 2 the value embraced on the Contract,unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive 5 Bidder whose evaluation by City indicates that the award will be in the best interests of 6 the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award contract 9 to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid 10 submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder 11 would be required to underbid a Nonresident Bidder to obtain a comparable contract in the 12 state in which the nonresident's principal place of business is located. 13 14 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be 15 awarded,City will award the Contract within 90 days after the day of the Bid opening 16 unless extended in writing. No other act of City or others will constitute acceptance of a 17 Bid.Upon the contractor award a Notice of Award will be issued by the City. 18 19 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 20 21 18. Signing of Agreement 22 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the 23 required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor 24 shall sign and deliver the required number of counterparts of the Agreement to City with the 25 required Bonds,Certificates of Insurance,and all other required documentation. City shall 26 thereafter deliver one fully signed counterpart to Contractor. 27 28 29 30 END OF SECTION CITY OF FORT WORTH Pedesjytan SJdevalk Improvements John T White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised August 21,2015 Ilk I CITY OF FORT WORTH Pedemr mw Sidewalk/mprovemoos Joku T Whrre,Road COY Prgecallo 1006,,37 0035 13-1 CONFLICT OF INTEREST AFFIDAVIT Page l of l 1 SECTION 00 3513 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIQ_Vdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 ® CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 CIS Form is on File with City Secretary 20 21 Q CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 Northstar Construction, LLC By: Michael A. Heimlich 28 Company (Please Print) f�f �• / 29 30 2112 Solona Street Signature: 31 Address 32 33 Fort Worth, Texas 76117 Title: President 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN:100637 Revised March 27,2012 0041 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Pedestrian Sidewalk Improvements: John T. White Road from Anderson Blvd to Medical Drive City Project No.: 100637 Units/Sections: UNIT 1 -Existing Conditions UNIT 2-Earthwork UNIT3-Exterior Improvements UNIT 4-Utilities UNIT 5-Transportation UNIT 6-Non-Standard Items 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 Bid Proposal Form 0041 00 BID FORM Page 2 of 3 c. "collusive practice" means a scheme or arrangement between two or more Bidders,with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Paving-Sidwalks and Ramps b. Water Improvements C. d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 days days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work{and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forrn Revised 20150821 Bid Proposal Form 0041 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Total Bid $534,777.00 7. Bid Submittal This Bid is submitted on November 30, 2017 by the entity named below. Respectfully su itted, Receipt is acknowledged of the Initial �` following Addenda: By: !� Addendum No. 1: 7M.Q�GF- (Signature) Addendum No. 2: Addendum No. 3: Michael A. Heimlich Addendum No.4: (Printed Name) Title: President Company: Northstar Construction, LLC Corporate Seal: Address: 2112 Solona Street Fort Worth, Texas 76117 State of Incorporation: Texas Email: mike@northstar93.com Phone: 817-244-8885 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 Bid Proposal Form 004243 BID PROPOSAL Page I of 2 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item information Bidder's Proposal Bidlist Description Specification Section Unit of Bid Quantity Unit Price Bid Value Item No. No. Measure U I-EX$On ndMons 1 0241.0100 Remove Sidewalk 0241 13 SF 252.00 $3.00 $ 756.00 2 0241.0300 Remove ADA Ramp 0241 13 EA 1.00 $300.00 $ 300.00 3 0241.0401 Remove Concrete Drive 0241 13 SF 4,276.00 $3.00 $ 12 828.00 4 0241.0700 Remove Mailbox 0241 13 EA 1.00 $150.00 $ 150.00 5 0241.1300 Remove Conc CurbBGutter 0241 15 LF 285.00 $15.00 $ 4,275.00 6 0241.1512 Salvage 1"Water Meter 0241 14 EA 2.00 $300.00 $ 600.00 7 0241.4103 Remove 20'Recessed Inlet 0241 14 EA 1.00 $1,400.001$ 1,400.00 BASE BID-UNIT 1-Existing Conditions $ 20,309.00 1 th41[Olk 8 3110.0102 6"-12"Tree Removal 31 1000 EA 3.00 $800.00 $ 2,400.00 9 3110.0103 12"-18"Tree Removal 31 1000 EA 4.00 $1,200.00 $ 4,800.00 10 3110.0104 18"-24" Tree Removal 31 1000 EA 3.00 $1,600.00 $ 4,800.00 11 3110.0105 24"and Larger Tree Removal 31 1000 EA 1.00 $2,400.00 $ 2,400.00 12 3123.0101 Unclassified Excavation by Plan 31 2316 CY 364.03 $70.00 $ 25 482.10 13 3125.0101 SWPPP t 1 acre 31 2500 LS 1.00 $18,000.00 $ 18,000.00 BASE BID-UNIT 2-Earthwork $ 57,882.10 Extedor 1 tS 14 3213.0301 4"Conc Sidewalk - 32 13 20 SF 21 338.00 $5.50 $ 117 359.00 15 3213.0311 4"Conc Sidewalk,Adjacent to Curb 32 13 20 SF 6,470.00 $8.40 $ 54,348.00 16 3213.0401 6"Concrete Driveway 32 13 20 SF 3,438.00 $8.25 $ 28 363.50 17 3213.0402 7"Concrete Driveway 32 13 20 SF 838.00 $9.00 $ 7,542.00 18 3213.0501 Barrier Free Ramp,Type R-1 32 13 20 EA 1.00 $3,100.00 $ 3,100.00 19 3213.0504 Barrier Free Ramp,Type M-2 32 1320 EA 2.00 $1,900.00 $ 3,800.00 20 13213.0506 Barrier Free Ramp,Type P-1 32 13 20 EA 1 11.00 $1,600.00 $ 17 600.00 21 3213.0507 Barrier Free Ramp,Type P-2 32 13 20 EA 3.00 $2,150.00 $ 6,450.00 22 3213.0510 Barrier Free Ramp,Type C-3 32 13 20 EA 2.00 $1,500.00 $ 3,000.00 23 3217.0501 24"SLD Pvmt Marking HAE(W) 32 17 23 LF 171.00 $14.00 $ 2,394.00 24 3232.0100 Conc Ret Wall with Sidewalk,Face 32 32 13 SF 399.00 $28.00 $ 11,172.00 25 3232.0101 Conc Ret Wall with Sidewalk,Sidewalk 32 32 13 SF 754.001 $15.00 $ 11,310.00 26 3291.0100 Topsoil 1 32 91 19 CY 100.001 $64.001$ 6,400.00 27 13292.0100 Block Sod Placement 1 32 92 13 1 SY 2,183.141 $8.001$ 17,465.09 BASE BID-UNIT 3-Exterior Improvements I $ 290,303.59 28 3305.0108 Miscellaneous Structure Adjustment 33 05 14 EA 2.00 $500.00 $ 1,000.00 29 3311.0001 Ductile Iron Water Fittings w/Restraint 3311 11 TON 0.10 $7,000.00 $ 700.00 30 3311.0141 6"Water Pipe 33 11 10,33 11 LF 10.00 $150.00 $ 1,500.00 31 3312.0001 Fire Hydrant 33 12 40 EA 1.00 $7,000.00 $ 7,000.00 32 3312.0117 Connection to Existing 4"-12"Water Main 33 12 25 EA 1.00 $2,000.00 $ 2,000.00 33 3312.2001 1"Water Service,Meter Reconnection 33 12 10 EA 2.00 $500.00 $ 1,000.00 34 13312.3002 6"Gate Valve 33 12 20 1 EA 1 1.00 $1 500.00 $ 1 500.00 35 3349.6003 20'Recessed Inlet 33 49 2v EA 1.00 $6 600.00 $ 6,600.00 BASE BID-UNIT;-Utilities $ 21,300.00 UNIT A- 36 3441.4003 Furnish/Install Alum Sign Ground Mount City Std. 3441 30 EA 11.00 $340.00 $ 3,740.00 37 3441.4004 Furnish/Install Alum Sign Ex.Pole Mount 3441 30 EA 8.00 $160.00 $ 1,280.00 38 3441.4108 Remove Sign Panel and Post 3441 30 EA 1.00 $100.00 $ 100.00 39 3441.4109 Remove Sign Panel 3441 30 EA 2.00 $50.00 $ 100.00 40 3441.4110 Remove and Reinstall Sign Panel and Post 3441 30 EA 1.00 $250.00 $ 250.00 41 3471.0001 Traffic Control 3471 13 MO 6.00 4,500.00 $ 21,000.00 42 3471.0002 Portable Message Sign 3471 13 WK 24.00 850.00 $ 2040000 BASE BID-UNITS-Transportation $ 52,870.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Bid PropDW Farm 00 42 43 BID PROPOSAL NP,2J2 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Description Specification Section Unit of Bid Quantity Unit Price Bid Value Item No. No. Measure tlIJIT�- . Ildard Iketi't;§ 43 9999.0001 TxDOT CURB RAMPS(TY 5) TxDOT Item 531 EA 4.00 2,650.00 $ 10,600.00 44 9999.0002 4"Concrete Sidewalk with MonoCurb Wall;Curb Wall 32 32 13 LF 25.00 12.00 $ 300.00 45 9999.0002 4"Concrete Sidewalk with MonoCurb Wall;Sidewalk 32 32 13 SF 50.00 6.00 $ 300.00 46 9999.0003 4"Concrete Sidewalk with MonoCurb Wall;Adjacent to Curb;Curb 32 32 13 LF 325.00 $12.20 $ 3,965.00 47 9999.0004 4"Concrete Sidewalk with MonoCurb Wall;Adjacent to Curb;Sidewalk 32 32 13 SF 1,678.00 $11.00 $ 18,458.00 48 9999.0005 Brush Clearing 31 1000 LS 1.00 $22,000.001$ 22,000.00 49 9999.0006 Water Meter Box Replacement(Concrete) 33 1210 EA 1 25.00 $225.001$ 5,625.00 50 9999.0008 Construction Staking 01 71 23 LS 1.00 $10,000.001$ 10 000.00 51 9999.0009 Construction Survey-Water Improvements ONLY 01 71 23 LS 1.00 $864.311$ 864.31 52 9999.0010 Allowance LS 1 1.00 $20,000.001$ 20,000.00 BASE BID-UNIT 6-Non-Standard Items $ 92,112.31 BA$E BIB SUMMARY BASE BID-UNIT 1-Existing Conditions $ 20,309.00 BASE BID-UNIT 2-Earthwork $ 57,882.10 BASF,BID-UNIT 3-Exterior Improvements $ 290,303.59 BASE BID-UNIT 4-Utilities $ 21,300.00 BASE BID-UNIT 5-Transportation $ 52,870.00 BASE BID-UNIT 6-Non-Standard Items $ 92,112.31 Total Bid I $ 534,777.00 END OF SECTION CrrY OF FORT WORTH STANDARD CONSTRUCTION SPEC1F1CATION DOCUMENTS Foun Revised 20120120 Bid Pmposal Form 00 43 13 BID BOW Pape 1 of 1 SECTION 00 4313 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bider Name) Northstar Construction,LLC hereinafter called the Principal,and(Surety Name) The Hanover Insurance Comriany a corporation or firm duly authorized to transact surety business in the Std of Texas, hereinafter called the Surety. are held and firmly bound unto the City, hereinafter called the ObIlgee, in the sum of Five Percent of Greatest Amount Bid and No/100 Dollars ($ 5%GAB ), the payment of which sum will be well and truly made and the said Principal and ft said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, Identified as: Pedestrian Sidewalk Improvements:John T.White Road from Anderson Blvd to Medical Drive NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract In accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee,without recourse of the Principal and/or Slag, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this 30th day of November ,2017. By: Northstar F onstruction, LLC 0 �VW� President Michael A.Heimlich rely: The Hanov pnsrnce Company Robbie Martin(Signature of Attorney-of-Fad) c r• � impressed 'Attach Pourer of Attorney(Surety)for Attomey-In-Fad Surely Seal Z.4 .. Z ,. Only : 0 , 0.0 ZL66 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20110027 Old Proposal Form sc-- 4 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company')does hereby constitute and appoint, Staci Gross,Robbie Martin and/or Josh Andrajack Of Boley Featherston Huffman&Deal Co.of Wichita Falls,TX each individually,if there be more than one named,as its true and lawful attomey(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States,any and all surety bonds, recognizances, undertakings, or other surety obligations.The execution of such surety bonds,recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however,that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Thirty Million and Noll 00($30,000,000)in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attomeys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety. any and all bonds,recognizances,contracts of indemnity,waivers of citation and all otherwritings obligatory in the nature thereof,with power to attach thereto the seal of the Company.Any such writings so executed by such Attomeys-in-fact shall be binding upon the Company as If they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and all Powers of Attomey and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Company to the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile. (Adopted October 7,1981—The Hanover Insurance Company;Adopted April 14,1982—Massachusetts Bay Insurance Company;Adopted September 7,2001—Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 17th day of October,2016. THE HANOVER INSURANCE COMPANY MA36ACHUSETTS BAY"MURANCE COMPANY para CITIZENS nEANY OF AMERICA Robe" rh" ice Prnident T"a NANOV"INSURANO[COMPANY C t!M N S C8Y OFC��ME/w' THE COMMONWEALTH OF MASSACHUSETTS COUNTY OF WORCESTER )ss. y On this 17th day of October, 2016 before me came the above named Vice Presidents The Hanover Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me pe onally known to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. Akl,kiJ. MAIAWCJ. .Nrry Ph1k! 13%-A +March 4.202: 1,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Compgtrtles.- qpo do hereby further certify that the said Powers of Attorney are still in force and effect. C r � y. GIVElitlind�er e seals of said Companies,at Worcester, Massachusetts,this30tIVay of November 2017 { �Q11rC/IA� >,� 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so Will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER: Northstar Construction, LLC By: Michael A. Heimlich 2112 Solona Street _ i�G� a—� _ (Signature) Fort Worth,Texas 76117 Title: President Date: a l END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Form.xls I CITY OF FORT WORTH Pedest—Si*w dk rmprmements John T.White Road City PmjectNa 100637 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids.To be eligible to bid the contractor must submit Section 00 45 12,Prequalification 6 Statement for the work type(s)listed with their Bid.Any contractor or subcontractor who is 7 not prequalified for the work type (s)listed must submit Section 00 45 13,Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven(7)days prior 12 to the date of the opening of bids.For example,a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects. In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements,if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization,Certificate of Formation,LLC 24 Regulations,Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermiU and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet.This number 33 is used by the City for required reporting on Federal Aid projects.The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification.These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements.Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Pedestrian Sidewalk lmprovemtents John T. White R6 ad STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN. 100637 Revised July 1,2011 004511-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent,certified public accounting firm registered and in 3 good standing in any state.Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual,corporation,or limited liability company. 9 (4) Financial Statements must be presented in U.S.dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America.This must be stated in the accounting firm's opinion. 17 It should:(1)express an unqualified opinion,or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts.Bidding capacity is determined by multiplying the 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10.Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment.Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject,suspend,or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised July 1,2011 004511-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH Pedestrian Sidewalk lm.provements Jahn T. kVhtte Road, STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: ,00637 Revised July 1,2011 CITY OF FORT WORTH PelleurwnSi,- waik[mprovemewJoJm T.White Road City Project Na 100637 0045 12-1 PREQUALIFICATION STATEMENT Page 1 of 1 1 SECTION 00 45 12 2 PREQUALIFICATION STATEMENT 3 4 Each Bidder for a City procurement is required to complete the information below by 5 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 6 major work type(s)listed. 7 8 Major Work Prequalification Type Contractor/Subcontractor Company Name Expiration Date 'Pavil sidewalk-5 Water Improvements Fort Worth Civil Constructors, LLC 04/30/2018 9 10 11 The undersigned hereby certifies that the contractors and/or subcontractors described in 12 the table above are currently prequalified for the work types listed. 13 14 BIDDER: 15 Northstar Construction, LLC By: Michael A. Heimlich 17 Company (Please Print) 18 2112Solona Street ' 19 Signature: 20 Address 21 22 Fort Worth, Texas 76117 Title: President 23 City/State/Zip (Please Print) 24 25 Date: November 30, 2017 26 27 END OF SECTION 28 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN:100637 Revised July 1,2011 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 100637 Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 Northstar Construction, LLC By: Michael A. Heimlich 13 Company (Ple a Print) 14 15 2112 Solona Street Signature: Q 16 Address 17 18 Fort Worth, Texas 76117 Title: President 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFORE ME,the undersigned authority, on this day personally appeared 27 Michael A. Heimlich ,known to me to be the person whose name is subscribed 28 to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and 29 deed of_Northstar Construction, LLC for the purposes and consideration 30 therein expressed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30th day of 33 November, 2017. 34 35 36 D Y Q 37j%A 9p�-- Notary Public and for th Stat of Texas 38 ? �; rn N-- r _ - 39 END OF SECTION "0,i2+OP TE A R SXP S X2018 40 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN:100637 Revised July 1,2011 004540-1 Minority Business Enterprise Specifications Page 1 of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 6 applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MBE PROJECT GOALS 14 The City's MBE goal on this project is 10", of the total bid value of the contract (Base bid applies to 15 Parks and Community Services). 16 17 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 18 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts$50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 22 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 23 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 24 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Prime Waiver documentation. 27 28 SUBMITTAL OF REOUIRED DOCUMENTATION 29 The applicable documents must be received by the Purchasing Division, within the Vllowirg tines 30 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall 31 deliver the MBE documentation in person to the appropriate employee of the purchasing division and 32 obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the 33 time allocated. A faxed and/or emailed copy will not be accepted. 34 1. Subcontractor Utilization Form,if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if day after the bid opening date, exclusive of the bid opening participation is less than statedgoal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if no day after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. 35 36 37 38 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN:100637 Revised June 9,2015 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form,if goal is met received no later than 2:00 p.m.,on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR.THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. 6 7 Any Questions,Please Contact The NIMBE Office at(817)212-2674. 8 END OF SECTION 9 10 11 CITY OF FORT WORTH I-I&S11iarr Idelvalk Improvements John T.U'hite Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised June 9,2015 005243-1 Agreement Page I of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT,authorized on , 3b is made by and between the City of Forth 4 Worth, a Texas home rule municipality, acting Yy and through its duly authorized City Manager, 5 ("City"), and Northstar Construction , LLC, authorized to do business in Texas, acting by and 6 through its duly authorized representative,("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1.WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Pedestrian Sidewalk Improvements John T. White Road 16 CPN.- 100637 17 Article 3. CONTRACT PRICE 18 City agrees to pay Contractor for performance of the Work in accordance with the Contract 19 Documents an amount, in current funds, of Five Hundred Thirty-four Thousand, Seven Hundred 20 Seventy-seven and 00/100 Dollars($534,777.00). 21 Article 4. CONTRACT TIME 22 4.1 Final Acceptance. 23 The Work will be complete for Final Acceptance within 180 days after the date when the 24 Contract Time commences to run, as provided in Paragraph 2.03 of the General Conditions, 25 plus any extension thereof allowed in accordance with Article 12 of the General 26 Conditions. 27 4.2 Liquidated Damages 28 Contractor recognizes that time is of the essence for completion of Milestones, if any, and 29 to achieve Final Acceptance of the Work and City will suffer financial loss if the Work is 30 not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also 31 recognizes the delays, expense and difficulties involved in proving in a legal proceeding, 32 the actual loss suffered by the City if the Work is not completed on time. Accordingly, 33 instead of requiring any such proof, Contractor agrees that as liquidated damages for 34 delay (but not as a penalty), Contractor shall pay City Six Hundred Fifty and 00/100 35 Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for 36 Final Acceptance until the City issues the Final Letter of Acceptance. 37 Article 5. CONTRACT DOCUMENTS 38 5.1 CONTENTS: 39 A. The Contract Documents which comprise the entire agreement between City and 40 Contractor concerning the Work consist of the following: CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised 1I.15.I7 005243-2 Agreement Page 2 of 5 41 1. This Agreement. 42 2. Attachments to this Agreement: 43 a. Bid Form 44 1) Proposal Form 45 2) Vendor Compliance to State Law Non-Resident Bidder 46 3) Prequalification Statement 47 4) State and Federal documents(project specific) 48 b. Current Prevailing Wage Rate Table 49 c. Insurance ACORD Form(s) 50 d. Payment Bond 51 e. Performance Bond 52 f. Maintenance Bond 53 g. Power of Attorney for the Bonds 54 h. Worker's Compensation Affidavit 55 i. MBE and/or SBE Utilization Form 56 3. General Conditions. 57 4. Supplementary Conditions. 58 5. Specifications specifically made a part of the Contract Documents by attachment 59 or, if not attached, as incorporated by reference and described in the Table of 60 Contents of the Project's Contract Documents. 61 6. Drawings. 62 7. Addenda. 63 8. Documentation submitted by Contractor prior to Notice of Award. 64 9. The following which may be delivered or issued after the Effective Date of the 65 Agreement and, if issued, become an incorporated part of the Contract Documents: 66 a. Notice to Proceed. 67 b. Field Orders. 68 c. Change Orders. 69 d. Letter of Final Acceptance. 70 71 Article 6.INDEMNIFICATION 72 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 73 expense, the city, its officers, servants and employees, from and against any and all 74 claims arising out of, or alleged to arise out of, the work and services to be performed 75 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 76 under this contract. This indemnification provision is specifically intended to operate 77 and be effective even if it is alleged or proven that all or some of the damages being 78 sought were caused, in whole or in part, by any act, omission or negligence of the city. 79 This indemnity provision is intended to include, without limitation, indemnity for 80 costs,expenses and legal fees incurred by the city in defending against such claims and 81 causes of actions. 82 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised 11.15.17 005243-3 Agreement Page 3 of 5 83 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 84 the city,its officers,servants and employees,from and against any and all loss,damage 85 or destruction of property of the city,arising out of,or alleged to arise out of,the work 86 and services to be performed by the contractor, its officers, agents, employees, 87 subcontractors, licensees or invitees under this contract. This indemnification 88 provision is specifically intended to operate and be effective even if it is alleged or 89 proven that all or some of the damages being sought were caused, in whole or in part, 90 by any act,omission or negligence of the city. 91 92 Article 7.MISCELLANEOUS 93 7.1 Terms. 94 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 95 have the meanings indicated in the General Conditions. 96 7.2 Assignment of Contract. 97 This Agreement, including all of the Contract Documents may not be assigned by the 98 Contractor without the advanced express written consent of the City. 99 7.3 Successors and Assigns. 100 City and Contractor each binds itself, its partners, successors, assigns and legal 101 representatives to the other party hereto, in respect to all covenants, agreements and 102 obligations contained in the Contract Documents. 103 7.4 Severability. 104 Any provision or part of the Contract Documents held to be unconstitutional, void or 105 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 106 remaining provisions shall continue to be valid and binding upon CITY and 107 CONTRACTOR. 108 7.5 Governing Law and Venue. 109 This Agreement, including all of the Contract Documents is performable in the State of 110 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 111 Northern District of Texas,Fort Worth Division. 112 7.6 Authority to Sign. 113 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 114 than the duly authorized signatory of the Contractor. 115 116 7.7 Prohibition On Contracts With Companies Boycotting Israel. 117 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 118 Code, the City is prohibited from entering into a contract with a company for goods or 119 services unless the contract contains a written verification from the company that it: (1) 120 does not boycott Israel; and(2)will not boycott Israel during the term of the contract. CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised 11.15.17 005243-4 Agreement Page 4 of 5 121 The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms 122 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 123 certifies that Contractor's signature provides written verification to the City that 124 Contractor: (1) does not boycott Israel; and(2) will not boycott Israel during the term of 125 the contract. 126 127 7.8 Immigration Nationality Act. 128 Contractor shall verify the identity and employment eligibility of its employees who 129 perform work under this Agreement, including completing the Employment Eligibility 130 Verification Form.(I-9). Upon request by City,Contractor shall provide City with copies of 131 all I-9 forms and suppot-ting eligibility documentation for each employee who performs 132 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 133 establish appropriate procedures and controls so that no services will be performed by any 134 Contractor employee who is not legally eligible to perform such services. 135 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 136 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 137 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 138 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 139 Contractor, shall have the right to immediately terminate this Agreement for violations of 140 this provision by Contractor. 141 142 7.9 No Third-Party Beneficiaries. 143 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 144 and there are no third-party beneficiaries. 145 146 7.10 No Cause of Action Against Engineer. 147 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 148 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 149 subcontractors, for any claim arising out of, in connection with, or resulting from the 150 engineering services performed. Only the City will be the beneficiary of any undertaking by 151 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 152 whether as on-site representatives or otherwise, do not make the Engineer or its personnel 153 in any way responsible for those duties that belong to the City and/or the City's construction 154 contractors or other entities, and do not relieve the construction contractors or any other 155 entity of their obligations, duties, and responsibilities, including, but not limited to, all 156 construction methods, means, techniques, sequences, and procedures necessary for 157 coordinating and completing all portions of the construction work in accordance with the 158 Contract Documents and any health or safety precautions required by such construction 159 work. The Engineer and its personnel have no authority to exercise any control over any 160 construction contractor or other entity or their employees in connection with their work or 161 any health or safety precautions. 162 163 SIGNATURE PAGE TO FOLLOW 164 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised 11.15.17 005243-5 Agreement Page 5 of 5 165 166 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be 167 effective as of the date subscribed by the City's designated Assistant City Manager ("Effective 168 Date"). 169 Contractor: City of Fort Worth By: Jay Chapa By: W,;4jAssistant City Manager (Signature) Date ,;? �� ®F FQR % Michael A. Heimlich Attest: (Printed Name) City S cre ary L. l Title: President (Seal) .`y Address: 2112 Solona Street -"`AS M&C C-28554 Date: 01/30/2018 Form 1295 No. 2017-292710 City/State/Zip: FortWorth,Texas 76117 Contract Compliance Manager: By signing, I acknowledge that I am the person a� responsible for the monitoring and D e administration of this contract, including ensuring all performance and reporting requirements., Maged Zaki, PMP Graduate Engineer A roved Form and Forand Legality: Douglas W.Black Assistant City Attorney 170 171OVAL RECOMMENDED: 172 W• w , ` 173 174 Doug ' rsig, P.E. 175 DIRE OR, 176 Transportation and Public Works 177 1 CITY OF FORT WORTH Pedestrian Sideivslk, Vexnens,, e oad STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1 0637 Revised 11.15.17 FT. WORTH,TX 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 Bond#1064342 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 THAT WE,NORTHSTAR CONSTRCTION.LLC,KNOWN AS"PRINCIPAL"HEREIN 9 AND The Hanover Insurance Company ,A CORPORATE 10 SURETY(SURETIES,IF MORE THAN ONE)DULY AUTHORIZED TO DO BUSINESS 11 IN THE STATE OF TEXAS,KNOWN AS"SURETY"HEREIN(WHETHER ONE OR 12 MORE),ARE HELD AND FIRMLY BOUND UNTO THE CITY OF FORT WORTH,A 13 MUNICIPAL CORPORATION CREATED PURSUANT TO THE LAWS OF TEXAS, 14 KNOWN AS"CITY"HEREIN,IN THE PENAL SUM OF,FIVE HUNDRED THIRTY- 15 FOUR THOUSAND.�L SEVEN HUNDRED SEVENTY-SEVEN AND 00/100 Dollars 16 ($534,777.00),LAWFUL MONEY OF THE UNITED STATES,TO BE PAID IN FORT 17 WORTH,TARRANT COUNTY,TEXAS FOR THE PAYMENT OF WHICH SUM WELL 18 AND TRULY TO BE MADE,WE BIND OURSELVES,OUR HEIRS,EXECUTORS, 19 ADMINISTRATORS,SUCCESSORS AND ASSIGNS,JOINTLY AND SEVERALLY, 20 FIRMLY BY THESE PRESENTS. 21 WHEREAS,the Principal has entered into a certain written contract with the City 22 awarded the 30 day of January,2018,which Contract is hereby referred to and made a part hereof 23 for all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 24 accessories defined by law,in the prosecution of the Work, including any Change Orders,as 25 provided for in said Contract designated as Pedestrian Sidewalk Improvements John T. White 26 Road, City Project No. 100633. 27 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 28 shall faithfully perform it obligations under the Contract and shall in all respects duly and 29 faithfully perform the Work, including Change Orders, under the Contract,according to the plans, 30 specifications,and contract documents therein referred to,and as well during any period of 31 extension of the Contract that may be granted on the part of the City,then this obligation shall be 32 and become null and void,otherwise to remain in full force and effect. 33 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 34 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 35 Worth Division. CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 9th day of 6 February .2018 . 7 PRINCIPAL: 8 Northstar Construction,LLC 9 10 11 BY: 12 Signature 13 ATTEST: 14 15 Michael A.Heimlich.President 16 (Principal)Secretary Name and Title 17 18 Address:2112 Solona Street 19 Fort Worth,Texas 76117 20 21 22Wifiess as t rinci 1 23 SURETY: 24 The Hanover Insurance Cmmpanv 25 26 — -- 27 BY: , 28 Signature ' 29 30 Staci Gross, Attorney-in-Fact 31 Name and Title 32 33 Address: 5910 North Central Expressway, Ste. 300 34 nallac TX 75208 35 36 /rc:� 37 mess as to Surety Telephone Number: 214-750-3908 38 39 40 41 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T.While Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN.• 100637 Revised July 1,2011 0061 14-1 PAYMENT BOND Page 1 of 2 Bond#1064342 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, NORTHSTAR CONSTRUCTION . LLC, known as "Principal" herein, and 8 The Hanover Insurance Company , a corporate surety 9 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of FIVE HUNDRED THIRTY-FOUR THOUSAND, SEVEN HUNDRED 13 SEVENTY-SEVEN AND 00/100 DOLLARS ($534,777.0#), lawful money of the United 14 States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and 15 truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 16 jointly and severally,firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 30 day of January, 2018, 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 Pedestrian Sidewalk Improvements John T. White Road, City Project No. 100633. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. While Rand STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised July I,2011 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 9th day of 3 February .20 18 4 PRINCIPAL: Northstar Construction,LLC ATTEST: BY: /` -4J Signature Michael A.Heimlich,President (Principal)Secretary Name and Title Address: 2112 Solona Street Fort Worth,Texas 76117 Witness ado Prin i al SURETY: The Hanover Insurance Company ATTEST: BY:Q r d a t—\Ar Signature Staci Gross, Attorney-in-Fact Name and Title ��ua vy�wwvuiy Address: 5910 North Central Expressway, Ste. 300 Dallas, TX 75206 41ess as to Surety Telephone Number: 214-750-3908 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T.White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised July 1,2011 006119-1 MAINTENANCE BOND Page 1 of 3 Bond#1064342 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we NORTHSTAR CONSTRUCTION,LLC,known as"Principal'herein and 9 The Hanover 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 the sum of FIVE 13 HUNDRED THIRTY-FOUR THOUSAND, SEVEN HUNDRED SEVENTY-SEVEN AND 14 00/100 DOLLARS($534,777.00), lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County,Texas,for payment of which sum well and truly be made unto the City and its 16 successors,we bind ourselves,our heirs,executors,administrators,successors and assigns,jointly 17 and severally,firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the 30 day of January,2018,which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 22 as defined by law, in the prosecution of the Work, including any Work resulting from a duly 23 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 24 designated as Pedestrian Sidewalk Improvements John T. White Road, City Project No. 100633; 25 and 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans,specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two(2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 30 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. While Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN: 100637 Revised July I,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work,it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 13 Worth Division;and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T.White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN.• 100637 Revised July 1,20I 1 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 9th day of 3 February ,20-1,a_. 4 5 PRINCIPAL: 6 Northstar Construction,LLC 7 9BY: /E;,;.ji. a- , 10 Signature 11 ATTEST: 12 13 Michael A.Heimlich,President 14 (Principal)Secretary Name and Title 15 16 Address:2112 Solona Street 17 Fort Worth,Texas 76117 18 19 20 Witness as t rinc al 21 SURETY: 22 The Hanover Insurance Company 23 24 25 - 26 Signature - 27 28 Staci Gross, Attorney-in-Fact 29 ATTEST: Name and Title 30 31 Address: 5410 North . Antralx rep csway, Ste. 300 32 (Surety)-gemptary Dallas,TX 7r,9Q6 33 34 35 Withess as to Surety Telephone Number: 214-750-3908 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH Pedestrian Sidewalk Improvements John T. White Road STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CPN.• 100637 Revised July I,2011 THE HANOVER INSURANCE COMPANY MASSACHUSETTS BAY INSURANCE COMPANY CITIZENS INSURANCE COMPANY OF AMERICA POWER OF ATTORNEY THIS Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. KNOW ALL PERSONS BY THESE PRESENTS: That THE HANOVER INSURANCE COMPANY and MASSACHUSETTS BAY INSURANCE COMPANY, both being corporations organized and existing under the laws of the State of New Hampshire, and CITIZENS INSURANCE COMPANY OF AMERICA, a corporation organized and existing under the laws of the State of Michigan,(hereinafter individually and collectively the"Company")does hereby constitute and appoint, Staci Gross, Robbie Martin and/or Josh Andrajack Of Boley Featherston Huffman 81 Deal Co.of Wichita Falls,TX each individually,if there be more than one named, as its true and lawful attorney(s)-in-fact to sign,execute,seal,acknowledge and deliver for,and on its behalf,and as its act and deed any place within the United States, any and all surety bonds, recognizances, undertakings, or other surety obligations.The execution of such surety bonds,recognizances,undertakings or surety obligations,in pursuance of these presents,shall be as binding upon the Company as if they had been duly signed by the president and attested by the secretary of the Company, in their own proper persons. Provided however,that this power of attorney limits the acts of those named herein;and they have no authority to bind the Company except in the manner stated and to the extent of any limitation stated below: Any such obligations in the United States, not to exceed Thirty Million and No/100($30,000,000)in any single instance That this power is made and executed pursuant to the authority of the following Resolutions passed by the Board of Directors of said Company,and said Resolutions remain in full force and effect: RESOLVED: That the President or any Vice President, in conjunction with any Vice President, be and they hereby are authorized and empowered to appoint Attorneys-in-fact of the Company,in its name and as it acts,to execute and acknowledge for and on its behalf as surety, any and all bonds,recognizances,contracts of indemnity,waivers of citation and all otherwritings obligatory in the nature thereof,with powerto attach thereto the seal of the Company.Any such writings so executed by such Attorneys-in-fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly elected officers of the Company in their own proper persons. RESOLVED:That any and all Powers of Attorney and Certified Copies of such Powers of Attorney and certification in respect thereto,granted and executed by the President or Vice President in conjunction with any Vice President of the Company,shall be binding on the Companyto the same extent as if all signatures therein were manually affixed,even though one or more of any such signatures thereon may be facsimile. (Adopted October 7,1981 —The Hanover Insurance Company;Adopted April 14,1982—Massachusetts Bay Insurance Company;Adopted September 7,2001—Citizens Insurance Company of America) IN WITNESS WHEREOF,THE HANOVER INSURANCE COMPANY,MASSACHUSETTS BAY INSURANCE COMPANY and CITIZENS INSURANCE COMPANY OF AMERICA have caused these presents to be sealed with their respective corporate seals,duly attested by two Vice Presidents,this 17"'day of October,2016. THE HANOVER INSURANCE COMPANY wl MASSACHUSETTS BAY INSURANCE COMPANY CITIXIENSFISURANCEOMPANY OF AMERICA MKs ; IA96 1971 ,F Robert Thomas,Vice President THE NANOVER NSURANCE COMPANY FsoTnally AY 1� RAI CE CO!lANY E I !�P OF AMERICA THE COMMONWEALTH OF MASSACHUSETTSCOUNTY OF WORCESTER )ss.On this 17th day of October, 2016 before me came the above named Vice Presidentsver Insurance Company, Massachusetts Bay Insurance Company and Citizens Insurance Company of America,to me pen to be the individuals and officers described herein,and acknowledged that the seals affixed to the preceding instrument are the corporate seals of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,respectively,and that the said corporate seals and their signatures as officers were duly affixed and subscribed to said instrument by the authority and direction of said Corporations. OMNE J. MARINO C91111bMWSIryOF IMMlClla 4M,Q(� �,tll�r!' M i rot te Diane 1.. .Notary Puhhc 4' MY Commission Expires Manch 4,2022 I,the undersigned Vice President of The Hanover Insurance Company,Massachusetts Bay Insurance Company and Citizens Insurance Company of America,hereby certify that the above and foregoing is a full,true and correct copy of the Original Power of Attorney issued by said Companies, and do hereby further certify that the said Powers of Attorney are still in force and effect. GIVEN under my hand and the seals of said Companies, at Worcester, Massachusetts,this 9th day of February 2018 CERTIFIED COPY Theodore G.MaRinez,Vice President,/ Texas Complaint Notice Commercial Lines IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call The Hanover Insurance Company/ Usted puede Ilamar at numero de telefono gratis de Citizens Insurance Company of America's toll-free The Hanover Insurance Company/Citizens Insurance telephone number for information or to make a Company of America's para informacion o para complaint at: someter una queja at: 1-800-343-6044 1-800-343-6044 You may also write to The Hanover Insurance Company/ Usted tambien puede escribir a The Hanover Insurance Citizens Insurance Company of America at: Company/Citizens Insurance Company of America at: 440 Lincoln Street 440 Lincoln Street Worcester,MA 01653 Worcester,MA 01653 You may contact the Texas Department of Insurance Puede comunicarse con el Departamento de Seguros to obtain information on companies,coverages, de Texas para obtener informacion acerca de rights or complaints at: companias,coberturas,derechos o quejas at: 1-800-252-3439 1-800-252-3439 You may write the Texas Department of Insurance: Puede escribir at Departamento de Seguros de Texas: P.0.Box 149104 P.0.Box 149104 Austin,TX 78714-9104 Austin,TX 78714-9104 Fax:(512)475-1771 Fax:(512)475-1771 Web:httpJ/www.tdi.texas.gov Web:httpJ/www.tdi.texas.gov E-mail:ConsumerProtection@tdi.texas.gov E-mail:ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS 0 RECLAMOS: Should you have a dispute concerning your premium Si tiene una disputa concerniente a su prima o a un or about a claim you should contact the agent or the reclamo,debe comunicarse con el agente o la com- company first.If the dispute is not resolved,you may pania primero.Si no se resuelve la disputa,puede contact the Texas Department of Insurance. entonces comunicarse con el departamento(TDI). ATTACH THIS NOTICE TO YOUR POLICY: This UNA ESTE AVISO A SU POLIZA: Este aviso es solo notice is for information only and does not become para proposito de information y no se convierte en a part or condition of the attached document. parte o condition del documento adjunto. The Hanover Insurance company 1440 Uncoln SVM Worcester,MA 01653 101.1457 nin»pap r of r Citroens Insurance Company of America 1808 North Highlander Way,Howell,AN 48843 hanover.com .aC`o/zo® CERTIFICATE OF LIABILITY INSURANCE rATE 2/16 o,s ) 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(ies)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 C NE Independent Insurance Group PHONE Allen Sparks/Donna MobleyFAX 3030 LBJ Freewa, Suite 1300 •972-231-8277 (AIC,No): Dallas TX 75234-7004 ADDRESS: donnam@indinsgrp.com INSURERS)AFFORDING COVERAGE NAIC p INSURER A:West American Insurance Co 44393 INSURED Northstar Construction, LLC INSURER B:Texas Mutual Insurance Co. 22945 H37 Holdings, LLC INSURER C: 2112 Solona Street INSURER D: Haltom City TX 76117 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:945884482 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR POLICY NUMBER MM/DDMfYY W MM/DD/ YY A X COMMERCIAL GENERAL LIABILITY Y Y BKW57553561 12/31/2017 12/312018 EACH OCCURRENCE $1,000,000 CLAIMS-MADE FKOCCUR DAMAGE T RENTED PREMISES Ea occurrence $1,000,000 X X,C,U MED EXP(Any one person) $15,000 PERSONAL&ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POLICY�JEo- F�LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: 1 $ A AUTOMOBILE LIABILITY Y Y BAW57553561 12/312017 12/312018 COMBINED SINGLE LIMIT $ Ea accident 1000 000 IXANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULEDBODILY INJURY(Per accident) $ AUTOS AUTOSHIRED AUTOS IX NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident A X UMBRELLA LIAB X OCCUR US057553561 12/312017 12/312018 EACH OCCURRENCE $5,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $5,000,000 DED I X I RETENTION$lCypoo $ B WORKERS COMPENSATION 0001231613 12/312017 12/312018 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE I I ER ANY PROPRIETOR/PARTNER/EXECUTIVEE.L.EACH ACCIDENT $1,000,000 OFFICERIMEMBER EXCLUDED? N❑NIA (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 A Equipment Floater N N BKW57553561 12/312017 12/3120111 Leased/Rented $250,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached H more space is required) The checked ADDL INSR and SUBR WVD boxes refer to the following specific endorsements,copies attached: General Liability:Commercial General Liability Extension(includes:Additional Insureds-By Contract,Agreement or Permit;Primary&Non-Contributory& Blanket Waiver of Subrogation)form CG8810 0413;Additional Insured-Automatic Status When Required In Construction Agreement With You-Contractors (Completed Operations)Form CG8611 1016;Construction Projects-General Aggregate Limit(Per Project)form CG8870 12085;Amendment of Cancellation Provisions(blanket 30 days when required by written contract or agreement)form CG8970 0413; Auto Liability:Business Auto Coverage Enhancement(includes:Additional Insured By Contract,Agreement Or Permit;Waiver Of Transfer Of Rights Of Recovery Against Others To Us)form CA8810 0110;Texas Cancellation Provision or Coverage Change(blanket 30 days)form CA0244 0604 See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Fort Worth 100 Texas Street AUTHORIZED REPRESENTATIVE Fort Worth TX 76102 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: AC40Ro ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Independent Insurance Group Northstar Construction,LLC H37 Holdings,LLC POLICY NUMBER 2112 Solona Street Haltom City TX 76117 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Workers Compensation:Texas Waiver Of Our Right To Recover From Other Endorsement Form WC420304B 0614;TX Notice of Material Change WC420601 0194 Pedestrian Sidewalk Improvements John T.White Road From Anderson Blvd To Cooks Lane City Project No. 100637 ACORD 101 (2008101) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY CG 88 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL GENERAL LIABILITY EXTENSION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX SUBJECT PAGE NON-OWNED AIRCRAFT 2 NON-OWNED WATERCRAFT 2 PROPERTY DAMAGE LIABILITY—ELEVATORS 2 EXTENDED DAMAGE TO PROPERTY RENTED TO YOU(Tenant's Property Damage) 2 MEDICAL PAYMENTS EXTENSION 3 EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 3 ADDITIONAL INSUREDS—BY CONTRACT,AGREEMENT OR PERMIT 3 PRIMARY AND NON-CONTRIBUTORY—ADDITIONAL INSURED EXTENSION 5 ADDITIONAL INSUREDS—EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" 6 WHO IS AN INSURED—INCIDENTAL MEDICAL ERRORS/MALPRACTICE AND WHO IS AN INSURED— 6 FELLOW EMPLOYEE EXTENSION—MANAGEMENT EMPLOYEES NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES 7 FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES 7 KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT 7 LIBERALIZATION CLAUSE 7 BODILY INJURY REDEFINED 7 EXTENDED PROPERTY DAMAGE 8 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US— 8 WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 8 With respect to coverage afforded by this endorsement, the provisions of the policy apply unless modified by the endorsement. A. NON-OWNED AIRCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A-Bodily Injury And Property Damage Liability, exclusion g.Aircraft,Auto Or Watercraft does not apply to an aircraft provided: 1. It is not owned by any insured; 2. It is hired, chartered or loaned with a trained paid crew; 3. The pilot in command holds a currently effective certificate, issued by the duly constituted authority of the United States of America or Canada, designating her or him a commercial or airline pilot; and 4. It is not being used to carry persons or property for a charge. However,the insurance afforded by this provision does not apply if there is available to the insured other valid and collectible insurance,whether primary, excess (other than insurance written to apply specifically in excess of this policy), contingent or on any other basis, that would also apply to the loss covered under this provision. B. NON-OWNED WATERCRAFT Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability, Subparagraph(2)of exclusion g.Aircraft,Auto Or Watercraft is replaced by the following: This exclusion does not apply to: (2) A watercraft you do not own that is: (a) Less than 52 feet long; and (b) Not being used to carry persons or property for a charge. C. PROPERTY DAMAGE LIABILITY—ELEVATORS 1. Under Paragraph 2. Exclusions of Section I—Coverage A—Bodily Injury And Property Damage Liability, Subparagraphs(3),(4)and (6)of exclusion j. Damage To Property do not apply if such "property damage" results from the use of elevators. For the purpose of this provision,elevators do not include vehicle lifts. Vehicle lifts are lifts or hoists used in automobile service or repair operations. 2. The following is added to Section IV—Commercial General Liability Conditions,Condition 4.Other Insurance, Paragraph b. Excess Insurance: The insurance afforded by this provision of this endorsement is excess over any property insurance, whether primary, excess, contingent or on any other basis. D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) If Damage To Premises Rented To You is not otherwise excluded from this Coverage Part: 1. Under Paragraph 2. Exclusions of Section I -Coverage A-Bodily Injury and Property Damage Liability: a. The fourth from the last paragraph of exclusion j. Damage To Property is replaced by the following: Paragraphs(1),(3)and (4)of this exclusion do not apply to"property damage"(other than damage by fire, lightning, explosion, smoke, or leakage from an automatic fire protection system) to: (i) Premises rented to you for a period of 7 or fewer consecutive days; or (ii) Contents that you rent or lease as part of a premises rental or lease agreement for a period of more than 7 days. Paragraphs(1),(3)and (4)of this exclusion do not apply to"property damage"to contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section III—Limits of Insurance. ©2013 Liberty Mutual Insurance CG 88 10 0413 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 2 of 8 b. The last paragraph of subsection 2. Exclusions is replaced by the following: Exclusions c.through n. do not apply to damage by fire, lightning, explosion, smoke or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with permission of the owner.A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III—Limits Of Insurance. 2. Paragraph 6. under Section III—Limits Of Insurance is replaced by the following: 6. Subject to Paragraph 5.above,the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of"property damage"to: a. Any one premise: (1) While rented to you; or (2) While rented to you or temporarily occupied by you with permission of the owner for damage by fire, lightning, explosion, smoke or leakage from automatic protection systems; or b. Contents that you rent or lease as part of a premises rental or lease agreement. 3. As regards coverage provided by this provision D. EXTENDED DAMAGE TO PROPERTY RENTED TO YOU (Tenant's Property Damage) -Paragraph 9.a.of Definitions is replaced with the following: 9.a. A contract for a lease of premises. However,that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke,or leakage from automatic fire protection systems to premises while rented to you or temporarily occupied by you with the permission of the owner, or for damage to contents of such premises that are included in your premises rental or lease agreement, is not an "insured contract". E. MEDICAL PAYMENTS EXTENSION If Coverage C Medical Payments is not otherwise excluded, the Medical Payments provided by this policy are amended as follows: Under Paragraph 1. Insuring Agreement of Section I—Coverage C—Medical Payments, Subparagraph(b)of Paragraph a. is replaced by the following: (b) The expenses are incurred and reported within three years of the date of the accident; and F. EXTENSION OF SUPPLEMENTARY PAYMENTS—COVERAGES A AND B 1. Under Supplementary Payments—Coverages A and B, Paragraph 1.b. is replaced by the following: b. Up to$3,000 for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. 2. Paragraph 1.d. is replaced by the following: d. All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or"suit", including actual loss of earnings up to$500 a day because of time off from work. G. ADDITIONAL INSUREDS -BY CONTRACT,AGREEMENT OR PERMIT 1. Paragraph 2.under Section II—Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract,written agreement or permit. Such person or organization is an additional insured but only with respect to liability for"bodily injury", "property damage"or"personal and advertising injury" caused in whole or in partby: a. Your acts or omissions, or the acts or omissions of those acting on your behalf, in the performance of your on going operations for the additional insured that are the subject of the written contract or written agreement provided that the"bodily injury"or"property damage"occurs, or the"personal and advertising injury" is committed, subsequent to the signing of such written contract or written agreement; or ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 3 of 8 b. Premises or facilities rented by you or used by you; or C. The maintenance, operation or use by you of equipment rented or leased to you by such person or organization; or d. Operations performed by you or on your behalf for which the state or political subdivision has issued a permit subject to the following additional provisions: (1) This insurance does not apply to"bodily injury", "property damage", or"personal and advertising injury" arising out of the operations performed for the state or political subdivision; (2) This insurance does not apply to"bodily injury or"property damage" included within the "completed operations hazard". (3) Insurance applies to premises you own, rent,or control but only with respect to the following hazards: a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to Paragraph 1.a.above, a person's or organization's status as an additional insured under this endorsement ends when: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed; or (2) That portion of"your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. With respect to Paragraph 1.b.above, a person's or organization's status as an additional insured under this endorsement ends when their written contract or written agreement with you for such premises or facilities ends. With respects to Paragraph 1.c.above,this insurance does not apply to any"occurrence"which takes place after the equipment rental or lease agreement has expired or you have returned such equipment to the lessor. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the"bodily injury'or"property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a"suit" by the additional insured as required in Paragraph b.of Condition 2. Duties In the Event Of Occurrence, Offense,Claim Or Suit under Section IV—Commercial General Liability Conditions. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 4 Of 8 2. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions under Section I -Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: a. "Bodily injury"or"property damage"arising from the sole negligence of the additional insured. b. "Bodily injury"or"property damage"that occurs prior to you commencing operations at the location where such"bodily injury"or"property damage"occurs. C. "Bodily injury", "property damage"or"personal and advertising injury"arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: (1) The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (2) Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment,training or monitoring of others by that insured, if the"occurrence"which caused the"bodily injury"or"property damage", or the offense which caused the"personal and advertising injury", involved the rendering of, or the failure to render, any professional architectural, engineering or surveying services. d. "Bodily injury"or"property damage"occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or (2) That portion of"your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. e. Any person or organization specifically designated as an additional insured for ongoing operations by a separate ADDITIONAL INSURED—OWNERS, LESSEES OR CONTRACTORS endorsement issued by us and made a part of this policy. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement,the most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the contract or agreement; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. H. PRIMARY AND NON-CONTRIBUTORY ADDITIONAL INSURED EXTENSION This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. Condition 4.Other Insurance of SECTION IV—COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: a. The following is added to Paragraph a. Primary Insurance: If an additional insured's policy has an Other Insurance provision making its policy excess, and you have agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 b. The following is added to Paragraph b. Excess Insurance: When a written contract or written agreement, other than a premises lease, facilities rental contract or agreement, an equipment rental or lease contract or agreement, or permit issued by a state or political subdivision between you and an additional insured does not require this insurance to be primary or primary and non-contributory, this insurance is excess over any other insurance for which the additional insured is designated as a Named Insured. Regardless of the written agreement between you and an additional insured,this insurance is excess over any other insurance whether primary, excess, contingent or on any other basis for which the additional insured has been added as an additional insured on other policies. I. ADDITIONAL INSUREDS-EXTENDED PROTECTION OF YOUR"LIMITS OF INSURANCE" This provision applies to any person or organization who qualifies as an additional insured under any form or endorsement under this policy. 1. The following is added to Condition 2. Duties In The Event Of Occurrence,Offense,Claim or Suit: An additional insured under this endorsement will as soon as practicable: a. Give written notice of an"occurrence"or an offense that may result in a claim or"suit" under this insurance to us; b. Tender the defense and indemnity of any claim or"suit"to all insurers whom also have insurance available to the additional insured; and C. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part. d. We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a"suit"by the additional insured. 2. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of insurance as stated in the Declarations of this policy and defined in Section III—Limits of Insurance of this policy,whichever are less. These limits are inclusive of and not in addition to the limits of insurance available under this policy. J. WHO IS AN INSURED-INCIDENTAL MEDICAL ERRORS/MALPRACTICE WHO IS AN INSURED-FELLOW EMPLOYEE EXTENSION -MANAGEMENT EMPLOYEES Paragraph 2.a.(1)of Section II -Who Is An Insured is replaced with the following: (1) "Bodily injury"or"personal and advertising injury': (a) To you,to your partners or members (if you are a partnership or joint venture),to your members (if you are a limited liability company), to a co-"employee"while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers"while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee"or"volunteer worker'as a consequence of Paragraph (1)(a) above; (c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a)or(b)above; or (d) Arising out of his or her providing or failing to provide professional health care services. However, if you are not in the business of providing professional health care services or providing professional health care personnel to others, or if coverage for providing professional health care services is not otherwise excluded by separate endorsement, this provision (Paragraph(d))does not apply. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 6 of 8 Paragraphs(a)and (b)above do not apply to"bodily injury"or"personal and advertising injury"caused by an "employee"who is acting in a supervisory capacity for you. Supervisory capacity as used herein means the "employee's"job responsibilities assigned by you, includes the direct supervision of other"employees"of yours. However, none of these"employees"are insureds for"bodily injury"or"personal and advertising injury" arising out of their willful conduct, which is defined as the purposeful or willful intent to cause"bodily injury"or"personal and advertising injury", or caused in whole or in part by their intoxication by liquor or controlled substances. The coverage provided by provision J. is excess over any other valid and collectable insurance available to your "employee". K. NEWLY FORMED OR ADDITIONALLY ACQUIRED ENTITIES Paragraph 3.of Section II -Who Is An Insured is replaced by the following: 3. Any organization you newly acquire or form and over which you maintain ownership or majority interest, will qualify as a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the expiration of the policy period in which the entity was acquired or formed by you; b. Coverage A does not apply to"bodily injury"or"property damage"that occurred before you acquired or formed the organization; and C. Coverage B does not apply to"personal and advertising injury"arising out of an offense committed before you acquired or formed the organization. d. Records and descriptions of operations must be maintained by the first Named Insured. No person or organization is an insured with respect to the conduct of any current or past partnership,joint venture or limited liability company that is not shown as a Named Insured in the Declarations or qualifies as an insured under this provision. L. FAILURE TO DISCLOSE HAZARDS AND PRIOR OCCURRENCES Under Section IV—Commercial General Liability Conditions,the following is added to Condition 6. Representations: Your failure to disclose all hazards or prior"occurrences"existing as of the inception date of the policy shall not prejudice the coverage afforded by this policy provided such failure to disclose all hazards or prior"occurrences" is not intentional. M. KNOWLEDGE OF OCCURRENCE,OFFENSE,CLAIM OR SUIT Under Section IV—Commercial General Liability Conditions,the following is added to Condition 2. Duties In The Event of Occurrence,Offense,Claim Or Suit: Knowledge of an"occurrence", offense, claim or"suit" by an agent, servant or"employee"of any insured shall not in itself constitute knowledge of the insured unless an insured listed under Paragraph 1. of Section 11—Who Is An Insured or a person who has been designated by them to receive reports of "occurrences", offenses, claims or"suits" shall have received such notice from the agent, servant or "employee". N. LIBERALIZATION CLAUSE If we revise this Commercial General Liability Extension Endorsement to provide more coverage without additional premium charge, your policy will automatically provide the coverage as of the day the revision is effective in your state. O. BODILY INJURY REDEFINED Under Section V—Definitions, Definition 3. is replaced by the following: 3. "Bodily Injury" means physical injury, sickness or disease sustained by a person. This includes mental anguish, mental injury, shock, fright or death that results from such physical injury, sickness or disease. 0 2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 7 of 8 P. EXTENDED PROPERTY DAMAGE Exclusion a.of COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected Or Intended Injury "Bodily injury"or"property damage"expected or intended from the standpoint of the insured. This exclusion does not apply to"bodily injury"or"property damage" resulting from the use of reasonable force to protect persons or property. Q. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US—WHEN REQUIRED IN A CONTRACT OR AGREEMENT WITH YOU Under Section IV—Commercial General Liability Conditions, the following is added to Condition 8. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have against a person or organization because of payments we make for injury or damage arising out of your ongoing operations or"your work"done under a contract with that person or organization and included in the"products-completed operations hazard"provided: 1. You and that person or organization have agreed in writing in a contract or agreement that you waive such rights against that person or organization; and 2. The injury or damage occurs subsequent to the execution of the written contract or written agreement. ©2013 Liberty Mutual Insurance CG 88 10 04 13 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 8 of 8 COMMERCIAL GENERAL LIABILITY CG 86 11 10 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU - CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Paragraph 2. of Section If - Who Is An Insured is amended to include as an insured any person or organization whom you have agreed to add as an additional insured in a written contract or written agreement. Such person or organization is an additional insured but only with respect to liability for "bodily injury" or "property damage": 1. Caused by "your work" performed for that additional insured that is the subject of the written contract or written agreement; and 2. Included in the "products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. The insurance provided by this endorsement applies only if the written contract or written agreement is signed prior to the "bodily injury" or "property damage". We have no duty to defend an additional insured under this endorsement until we receive written notice of a claim or "suit" by the additional insured as required in Paragraph b. of Condition 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit under Section IV - Commercial General Liability Condi- tions. B. With respect to the insurance provided by this endorsement, the following are added to Paragraph 2. Exclusions of Section I-Coverage A-Bodily Injury And Property Damage Liability: This insurance does not apply to: 1. 'Bodily injury" or "property damage" that occurs prior to you commencing operations at the location where such "bodily injury" or "property damage" occurs. 2. "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any a professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and m b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrong- doing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any profes- sional services. © 2016 Liberty Mutual Insurance CG 86 11 10 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page 1 of 2