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Home My WebLink AboutContract 58968FORTWORTR... CONTRACT FOR THE CONSTRUCTION OF CSC No. 58968 PARK IMPROVEMENTS AT: McPHERSON PARK & DEER MEADOW PARK City Project No. 102319 & 102324 Mattie Parker Mayor David Cooke City Manager Dave Lewis Acting Director, Park & Recreation Department Lauren Prieur Acting Director, Transportation and Public Works Department Prepared for The City of Fort Worth 2018 BOND PROGRAM PARK DEDICATION FEES 2022 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH(,, City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of 2 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 12/13/2022 0005 15 Addenda 0011 13 Invitation to Bidders 07/19/2021 0021 13 Instructions to Bidders 11/02/2021 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 03/09/2020 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 00 45 11 08/13/2011 0045 13 08/13/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 10/27/2021 00 52 43 Agreement 11/23/2021 0061 13 Performance Bond 07/01/2011 0061 14 Payment Bond 07/01/2011 0061 19 Maintenance Bond 07/01/2011 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 08/23/2021 00 73 00 Supplementary Conditions 03/09/2020 Division 01- General Requirements Last Revised 01 11 00 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 01 32 16 Construction Schedule 08/13/2021 01 32 33 Preconstruction Video 07/01/2011 01 33 00 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 03/09/2020 01 50 00 Temporary Facilities and Controls 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 07/01/2011 01 60 00 Product Requirements 03/09/2020 01 66 00 Product Storage and Handling Requirements 07/01/2011 01 70 00 Mobilization and Remobilization 11/22/2016 01 71 23 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout Requirements 03/22/2021 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised June 10, 2022 PARK IMPROVEMENTS AT: 102319 & 102324 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 2 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 02 - Existing Conditions 02 41 13 Selective Site Demolition Division 03 - Concrete 03 30 00 Cast -in -Place Concrete Division 11- Parks 11 66 12 Site Underdrain 1167 13 Site Furnishings 1168 14 PI a ound Equipment 11 69 15 Wood Fiber playground Surfacing Division 26 - Electrical 26 05 00 1 Common Work Results for Electrical Division 31 - Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 31 23 23 Borrow 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 1373 Concrete Paving Joint Sealants 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro -Mulching, Seeding, and Sodding 1334940 1 Storm Drainage Headwalls and Wingwalls Appendix GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates END OF SECTION CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised June 10, 2022 City of Fort Worth, Texas Mayor and Council Communication DATE: 12/13/22 M&C FILE NUMBER: M&C 22-1067 LOG NAME: 80PARK IMP. AT DEER MEADOW & MCPHERSON PARKS NCLLC SUBJECT (CD 6 and CD 8) Authorize Execution of a Construction Contract with Northstar Construction, LLC, in the Amount of $1,191,505.50 for the Park Improvements at Deer Meadows Park and McPherson Park (2018 Bond Program) RECOMMENDATION: It is recommended that the City Council authorize execution of a construction contract with Northstar Construction, LLC, in the amount of $1,191,505.50 for the park improvements at Deer Meadows Park (City Project No. 102324) & McPherson Park (City Project No. 102319). DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a construction contract with Northstar Construction, LLC, in the amount of $1,191,505.50 for the park improvements at Deer Meadows Park and McPherson Park. The project was posted on the City purchasing website on August 25, 2022, and advertised in the Fort Worth Star -Telegram on August 25, 2022 & September 1, 2022. The following bids were received on September 22, 2022: BIDDER BASE BID ALTERNATES11 TOTAL Home Run Construction, $863,251.06 $189,130.50 $1,052,381.56 LLC Northstar Construction, LLC $1,017,450.00 $174,055.50 $11191,505.50 L.J. Design & Construction, LLC $1,001,327.39 $190,310.02 $1,191,637.41 AUI Partners, LLC $1,044,197.32 $169,894.60 $1,214,091.92 RLM Earthco, Inc. $1,174,851.56 $238,002.30 $1,412,853.86 Cole Construction, Inc. $1,218,674.74 $221,148.67 $1,439,823.41 308 Construction, LLC $1,267,558.97 $290,968.95 $1,558,527.92 CGC General Contractors, Inc. $1,653,613.42 $386,438.08 $2,040,051.50 The apparent lowest bidder, Home Run Construction, LLC, was deemed non -responsive by the Department of Diversity & Inclusion due to a lack of certified Minority and Woman owned Business Enterprises (M/ BEs) involvement. Therefore, staff recommends awarding the contract to the second lowest bidder, Northstar Construction, LLC. Base bid improvements for this contract include installation of a concrete trail, a new playground, benches, and picnic stations for both parks. Alternate bid items for Deer Meadows Park include the installation of a new basketball half -court, additional benches and construction allowances. Alternate bid items for McPherson Park include installation of an additional concrete trail, a new basketball half -court, additional benches, an open field backstop and construction allowances. Construction of this project is anticipated to begin in February 2023 and be completed in August 2023. This project is included in the 2018 Bond Program. Available resources within the General Fund will be used to provide interim financing until debt is issued. Once debt associated with the project is sold, bond proceeds will reimburse the General Fund in accordance with the statement expressing official Intent to Reimburse that was adopted as part of the ordinance canvassing the bond election (Ordinance No. 23209-05-2018) and subsequent actions taken by the Mayor and Council. Deer Meadows and McPherson park improvements are estimated to increase the department's annual maintenance cost by $59,608.00 beginning in FY 2024. As of October 31, 2022, the cumulative total of all previously approved M&Cs increased the department's annual maintenance by $197,855.00 beginning in FY 2024. Northstar Construction, LLC., is in compliance with the City's Business Equity Ordinance by committing to 18% Business Equity participation on this project. The City's Business Equity goal for this project is 18%. Deer Meadows Park is located in COUNCIL DISTRICT 6, and McPherson Park is located in COUNCIL DISTRICT 8. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the 2018 Bond Program Fund and the PARD Dedication Fees Fund for the McPherson Reserve Park (City Project No. 102324) and Deer Meadow Park (City Project No. 102319) projects to support the approval of the above recommendation and execution of the contract. Prior to any expenditures being incurred, the Park & Recreations Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office by. Jesica McEachern 5804 Originating Business Unit Head: Dave Lewis 5717 Additional Information Contact: Joel McElhany 5745 Carlos Gonzalez 5734 ADDENDUM #1 Park Improvements at McPherson Park & Deer Meadow Park September 7, 2022 Ito] _110:111]1]21:,60i Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. CONSTRUCTION DRAWINGS Replace equipment Schedules. Refer to attached two Schedules. END OF ADDENDUM #1 Bid Opening Date: September 22, 2022 Acknowledge the receipt of this Addendum on your Proposal. in Digitally signed by Carlos M ax Q j Gonzalez Date: 2022.09.07 10:01:56-05'00' Carlos M. Gonzalez, Project Manager Release Date: September 7, 2022 EQUIPMENT SCHEDULE ITEM (APPROVED VENDORS) MANUFACTURER MODEL PRODUCT REPRFSENTATNE COMPOSITE 2 TO 12 PLAYG STRUCTURES BURK GAMETIME 36-115663-1 FVYPT3-GT CHILDS PLAY, INC.- PHONE: 1-972-484-0600 TOTAL RECREATION PRODUCTS.- PHONE: 1-017-430-0331 PROTOTYPE OPTION NO.2 TO INCLUDE TWO SAY ARCH SWING WITH 2 MIRACLE 714MRECFW3 WEBUILDFUN, INC- PHONE- 1-972727-0653 TOT, 2 BELTS, & 1 HC SWING, STAND ALONG EQUIPMENT (SU RKS -1 ORBITRON, & IMDFORCESPINNER)(TOINCLUDE WEAR MATS AT ALL SLIDES AND SWINGG W124" MIN- LEN GHT AN D ANCH ORING,SYSTEM). 6'LEX. PARK BENCH - "FORT WORTH" ULTRA PLAY UP954-PG CHILDS PLAY, INC.- PHONE: 1-972-484-0600 LETTERS TOTALRFCRFATION PRODUCTS - PHONE- 1-017-430-0331 WEBUILDFUN, INC- PHONE: 1-972727-0653 PICNIC TABLE -8'ADA ULTRA PLAY UP158HS-P8 CHILD'S PLAY, INC.- PHONE:1-972-484-0600 TOTAL RECREATION PRODUCTS- PHONE:1-017-430-3331 VJEBUILDFUN, INC- PHONE: 1-972727-0653 PICNIC TABLE - 6' ULTRA PLAY UP158-PE CHILD'S PLAY, INC. - PHONE: 1-972-484-0600 TOTAL RECREATION PRODUCTS - PHONE: 1-817-430 3331 WEBUILDFUN, INC- PHONE: 1-972.727-0658 GRILL BURK 580-0093 CHI LDS PLAY, INC.- PHONE. 1-972d84-0600 GAMETIME 51 TOTAL RECREATION PRODUCTS- PHONE.1-817-430-3331 MIRACLE MRFQG004 WEBUILDFUN, INC- PHONE: 1-972727-0653 EQUIPMENT SCHEDULE ITEM (APPROVED VENDORS) MANUFACTURER MODEL PRODUCT REPRESENTATIVE FITNESS STATION COURSE ULTRA PLAY UP315S CHILD'S PLAY, INC. - PHONE- 1-972-484-0600 TO INCLUDE MULTIGYM, CARDIO WALKER, TOTAL RECREATION PRODUCTS - PHONE: 1-817-430-3331 BALANCE BOARD, SIT-UP STATION, AND WEBUILDFUN, INC- PHONE 1-972-727-0653 KNEE LIFT STATION. ADDENDUM #2 Park Improvements at McPherson Park & Deer Meadow Park September 20, 2022 Ito] _110:31WW21:,60i Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. PROJECT MANUAL REFER TO 00 35 13 CONFLICT OF INTEREST STATEMENT Add Section 00 35 13 CONFLICT OF INTEREST STATEMENT to the project manual. Refer to attached. END OF ADDENDUM #2 Bid Opening Date: September 22, 2022 Acknowledge the receipt of this Addendum on your Proposal. so Digitally signed by Carlos M Gonzalez Q9? Date: 2022.09.20 17:23:47-05'00' Carlos M. Gonzalez, Project Manager Release Date: September 20, 2022 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) httr)s://w\tvw.ethics.state.tx.us/data/forms/conflict/CIS.r)df ❑ CIQ Form does not apply ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: END OF SECTION By: Signature: Title: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 2026pesourcesP_02 - Construction Documents_Specifications_Div 00-General Conditions-00 41 00 Bid Proposal Workbook 0011 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 11 13 INVITATION TO BIDDERS RECEIPT OF BIDS Sealed bids for the construction of Park Improvements at McPherson Park & Deer Meadow Park ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, September 22, 2022 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: US Mail, Courier, FedEx or hand delivery at the address above; Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers. GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: McPherson Park — 23,550 SF of 5" concrete walk trail, installation of playground equipment, 530 SF of 5" concrete playground walk/pad, 295 LF of concrete mow edge, drainage and grading for the playground, installation of playground benches. Bid alternates include installation of solar lights, installation of shelter with a concrete pad, installation of basketball court, installation of fitness station, installation of benches, installation picnic tables, installation of 5,630 SF of 5" concrete walk, installation of 1375 SF of 5" concrete walk and installation of a baseball backstop. Deer Meadows Park — 16,940 SF of 5" concrete walk trail, installation of playground equipment, 485 SF of 5" concrete playground walk/pad, 295 LF of 14" concrete mow edge, drainage and grading for the playground, installation of playground benches, installation of trail benches, installation of picnic areas and installation of a baseball backstop. Bid alternates include installation of solar lights, installation of shelter with a concrete pad, installation of a basketball court, and installation of a fitness station. QUALIFICATION The improvements included in this project must be performed by a contractor who is qualified by the City. The procedures for qualification are outlined in the Section 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Worth's Purchasing Division website at h!W://www.fortworthtexas.gov/purchasing_/ and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised 7/19/2021 0011 13 INVITATION TO BIDDERS Page 2 of 3 EXPRESSION OF INTERSEST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the company's name, contact person and that individual's email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at http://fortworthtexas.gov/purchasing/ PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: September 6, 2022 TIME: 10: 00 am Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. If a prebid conference is held, the presentation and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can e-mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing." If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject any or all bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from the 2018 Bond Program and Park Dedication Funds and reserved by the City for the Project. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: Carlos M Gonzalez, City of Fort Worth Email: carlos.gonzalez@fortworthtexas.gov Phone: 817-392-5734 AND/OR Attn: Jing Yang, City of Fort Worth Email: jing.yang@fortworthtexas.gov Phone: 817-392-5742 PLAN HOLDERS To ensure you are kept up to date of any new information pertinent to this project such as when an addenda is issued, download the Plan Holder Registration form to your computer, complete and email it to the City Project Manager. CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised 7/19/2021 0011 13 INVITATION TO BIDDERS Page 3 of 3 The City Project Manager and design Engineer are responsible to upload the Plans Holder Registration form to the Plan Holders folder in BIM360. Mail your completed Plan Holder Registration form to those listed in INQUIRIES above. ADVERTISEMENT DATES 15t Advertisement August 25, 2022 2" d Advertisement September 1, 2022 END OF SECTION CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised 7/19/2021 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page 1 of 9 1.1. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof. 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making copies of Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Qualification of Bidders (Prime Contractors and Subcontractors) 3.1. Each Bidder, unless currently qualified, must submit qualifications to City at least seven (7) calendar days after the bid opening, and provide all documentation identified in Section 00 45 11, BIDDERS QUALIFICATIONS. 3. 1. 1. Submission of and/or questions related to qualification should be addressed to the City contact as provided in Paragraph 6.1. CITY OF FORT WORTH PARK IMPROVEMENTS AT. - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.2. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. 3.3.In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.5. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.6. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.7. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.8. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of: 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4.Standard insurance requirements, coverages and limits. CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence construction without all executed right-of- way, easements, and/or permits, and shall submit a schedule to the City of how construction will proceed in the other areas of the project that do not require permits and/or easements. CITY OF FORT WORTH PARK IMPROVEMENTS AT. - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 6. Interpretations and Addenda 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions received after this day may not be responded to. Interpretations or clarifications considered necessary by City in response to such questions will be issued by Addenda delivered to all parties recorded by City as having received the Bidding Documents. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. Address questions to: City of Fort Worth 200 Texas Street Fort Worth, TX 76102 Attn: Carlos M Gonzalez, Park & Recreation Department Email: carlos.gonzalez@fortworthtexas.gov Phone: 817-392-5734 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications may be posted via the City's electronic document management and collaboration system at <Insert Link to Documents>. 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. CITY OF FORT WORTH PARK IMPROVEMENTS AT. - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Documents without consideration of possible substitute or "or -equal" items. Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or - equal" item of material or equipment may be furnished or used by Contractor if acceptable to City, application for such acceptance will not be considered by City until after the Effective Date of the Agreement. The procedure for submission of any such application by Contractor and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General Conditions and is supplemented in Section 0125 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https://codelibrga.amleaal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person or organization against whom Contractor or City has reasonable objection. 12. Bid Form 12.1. The Bid Form is included with the Bidding Documents; additional copies may be obtained from the City. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. All entries shall be legible. CITY OF FORT WORTH PARK IMPROVEMENTS AT. - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. 12.7. Bids by joint ventures shall be executed by each joint venture in the manner indicated on the Bid Form. The official address of the joint venture shall be shown. 12.8. All names shall be typed or printed in ink below the signature. 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form. 12.10. Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown. 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance to State Law Non Resident Bidder. 13. Submission of Bids Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed envelope, marked with the City Project Number, Project title, the name and address of Bidder, and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system, the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. 14. Withdrawal of Bids 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office may be withdrawn prior to the time set for bid opening. A request for withdrawal must be made in writing and delivered to the Purchasing Office to receive a time stamp prior to the opening of Bids. A timely withdrawn bid will be returned to the Bidder or, if the request is within one hour of bid opening, will not be read aloud and will thereafter be returned unopened. CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 14.2. In the event any Bid for which a withdrawal request has been timely filed has been inadvertently opened, said Bid and any record thereof will subsequently be marked "Withdrawn" and will be given no further consideration for the award of contract. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested parry to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised/Updated November 2, 2021 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 17.4. Contractor shall perform with his own organization, work of a value not less than 3 5 % of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at httns://www.ethics.state.tx.us/data/forms/1295/1295.udf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised/Updated November 2, 2021 00 35 13 CONFLICT OF INTEREST STATEMENT Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one is current and on file with the City Secretary's Office pursuant to state law. If a member of the Fort Worth City Council, any one or more of the City Manager or Assistant City Managers, or an agent of the City who exercise discretion in the planning, recommending, selecting or contracting with a bidder, offeror or respondent is affiliated with your company, then a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of these forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIQ (Conflict of Interest Questionnaire) (state.tx.us) hftps://www.ethics.state.tx.us/data/forms/conflict/CIS.pd ❑ CIQ Form does not apply FK] CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply KI CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Northstar Construction, LLC By. %Michael -A.DHeimlich Signature: Title: President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 24, 202(PesourcesP_02 - Construction Documents_Specifications_Div 00-General Conditions-00 41 00 Bid Proposal Workbook 0041 00 BID FORM Page 1 of 3 TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 11010 City Project No.: 102319 & 102324 SECTION 00 41 00 BID FORM PARK IMPROVEMENST AT: McPHERSON PARK & DEER MEADOWS PARK Units/Sections: UNIT 1 BASE BID ITEM - McPHERSON PARK UNIT 2 BASE BID ITEM - DEER MEADOWS PARK UNIT 1 ALTERNATE BID ITEMS - McPHERSON PARK UNIT 2 ALTERNATE BID ITEMS - DEER MEADOWS PARK UNIT 3 ALTERNATE BID ITEMS - ALLOWANCE 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Form Revised March 9, 2020 102319, 102324 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Qualification The Bidder acknowledges that the following work types must be performed only by qualified contractors and subcontractors: a. Site clearing and demolition with minimum site disturbance b. Concrete sidewalks, driveways and barriers free ramps c. Installation of playground & site furniture d. Site grading d. Installation of site solar lighting 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 Cal. 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. Qualification Statement, Section 00 45 12 g. Conflict of Interest Statement, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Form Revised March 9, 2020 102319, 102324 0041 00 BID FORM Page 3 of 3 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items Total Base Bid $1,017,450.00 Alternate Bid $841,954.00 Total Bid $1,859,404.00 7. Bid Submittal This Bid is submitted on September 22, 2022 by the entity named below. Respectfully submitted, By: "��itiGj a I iqje4'�. (Signature) Michael A. Heimlich (Printed Name) Title: President Company: Northstar Construction, LLC Address: 2112 Solona Street Fort Worth, Texas 76117 State of Incorporation: Texas Email: mi1ke(c).northstar93.com Phone: 817-244-8885 END OF SECTION Receipt is acknowledged of the following Addenda: Initial Addendum No. 1: %►�lqt� Addendum No. 2: = yt Addendum No. 3: Addendum No. 4: Addendum No. 5: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Form Revised March 9, 2020 102319, 102324 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID 00 42 43 BID PROPOSAL Page 1 of 5 Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description I Spec. Section Unit of Bid Unit Price Bid Value No. I No. Measure I Quantity BASE BIDS UNIT 1 BASE BID ITEM - McPHERSON PARK 1-01 Project Sign 01 58 13 EA 1 $700.00 $700.00 1-02 Demo & Site Clearing ( See Page 9 thru 13 of 27) 0241 13 LS 1 $43,000.00 $43,000.00 1-03 5" Concrete Walk (See Page 4 thru 8 of 27) 32 13 20 SF 23550 $7.35 $173,092.50 1-04 ADA Pedestrian Ramp and Walk (See Page 8 of 27) 32 13 20 LS 1 $1,500.00 $1,500.00 1-05 5" Concrete Walk and Playground Entrance (See Page 8 of 27) 32 13 20 SF 530 $8.30 $4 399.00 1-06 ADA Playground Ramp (See Page 8 of 27) 32 13 20 EA 1 $1,100.00 $1,100.00 1-07 14" Concrete Plaground Containment Edge (Mow Strip) (See Page 8 of 27) 32 13 13 LF 295 $41.00 $12,095.00 1-08 6' CFW Bench (See Page 8 of 27) 11 6713 EA 2 $2,650.00 $5,300.00 1-09 Playground Equipment (See Page 21 of 27) 11 6814 LS 1 $182,000.00 $182,000.00 1-10 Playground Surfacing (Engineered Wood Fibar) (See Page 21 & 25 of 27). 11 6915 SF 5543 $5.50 $30,486.50 1-11 Proposed Playground Drainage System (See Page 13 of 27). 11 6612 LS 1 $4,300.00 $4,300.00 1-12 Site Erosion Control / Construction Entrance (See Page 14 of 27) 31 2500 LS 1 $15,400.00 $15,400.00 1-13 JTree Protection (See Page 9 thru 13 of 27) 31 1000 LS 1 $2,900.00 $2,900.00 1-14 Playground and 8' Concrete Trail - Site Mass Grading (See Page 9 thru 13 of 27) 31 2316 3291 19 LS 1 $28,000.00 $28,000.00 1-15 Playground and Walk - Grass Establishment (See Page 2, 9 thru 13 of 27). 32 92 13 LS 1 $32,000.00 $32,000.00 UNIT 1 McPHERSON PARK BASE BID TOTALI $536,273.00 UNIT 2 BASE BID ITEM - DEER MEADOWS PARK 2-01 Project Sign 01 5813 EA 1 $700.00 $700.00 2-02 Sign Relocation & Site Clearing ( See Page 16 & 17 of 27) 0241 13 LS 1 $23,000.00 $23,000.00 2-03 5" Concrete Walk (See Page 16 & 17 of 27) 32 13 20 SF 16940 $7.35 $124,509.00 2-04 5" Concrete Walk and Playground Entrance (See Page 16 & 17 of 27) 32 13 20 SF 485 $8.30 $4,025.50 2-05 ADA Playground Ramp (See Page 16 of 27) 32 13 20 EA 1 $1,100.00 $1,100.00 2-06 14" Concrete Plaground Containment Edge (Mow Strip) (See Page 16 of 27) 32 13 13 LF 295 $41.00 $12,095.00 2-07 6' CFW Bench (See Page 16 of 27) 11 6713 EA 2 $2,650.00 $5,300.00 2-08 Playground Equipment (See Page 21 of 27) 11 68 14 LS 1 $182,000.00 $182,000.00 2-09 Playground Surfacing (Engineered Wood Fibar) (See Page 21 & 25 of 27). 11 6915 SF 5545 $5.50 $30,497.50 2-10 Proposed Playground Drainage System (See Page 18 of 27)• 11 6915 LS 1 $4,300.00 $4,300.00 2-11 6' CFW Bench & Concrete Pad (See Page 16 & 17 of 27) 11 6713 EA 4 $3,200.00 $12,800.00 2-12 8' HC Table, One (1) Grills, & 312 SF of 5" Concrete Pad (See Page 16 of 27). 11 6713 LS 1 $6,900.00 $6,900.00 2-13 Two (2) 6' Picnic Table, Two (2) Grills, & 515 SF of 5" Concrete Pad (See Page 17 of 27). 11 6713 LS 1 $13,700.00 $13,700.00 2-14 Propose Backstop (See Page 17 of 27). 11 6713 EA 1 $2,950.001 $2,950.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Form Revised 20120120 102319, 102321 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID 00 42 43 BID PROPOSAL Page 2 of 5 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Spec. Section Unit of Bid Unit Price Bid Value No. No. Measure Quantity 2-15 Site Erosion Control / Construction Entrance (See Page 31 2500 LS 1 20 of 27) $8,300.00 $8,300.00 2-16 Tree Protection (See Page 18 & 19 of 27) 31 2500 LS 1 $500.00 $500.00 2-17 Playground, 8' Concrete Walk, Picnic Areas, Bench 31 2316 LS 1 Areas & Baseball/Soccer Practice Fields - Site Mass 31 2323 Grading (See Page 18 & 19 of 27) 3291 19 $24,500.00 $24,500.00 2-18 Playground, Concrete Walk, Picnic Areas, Bench areas 32 92 13 LS 1 & Baseball/Soccer Practice Fields - Grass Establishment (See Page 2, 18,19 of 27). $24,000.00 $24,000.00 UNIT 2 DEER MEADOWS PARK BASE BID TOTALI $481,177.00 ALTERNATE BIDS UNIT 1 ALTERNATE BID ITEMS - McPHERSON PARK 1-01 Playground - Purchase & Installation of Two (2) Solar 03 30 00 26 LS 1 Lightings (See Page 8 & 24 of 27). 0500 $59,000,00 $59,000.00 1-02 Shelter - Purchase & Installation of Poligon Shelter (See 11 67 13 EA 1 Page 8 & 22 of 27). $50,500.00 $50,500.00 1-03 Shelter - 1070 SF OF Concrete Pad (To include pad, 32 13 13 LS 1 column footing and shelter footing) (See Page 8 & 22 of 32 13 20 27. $15,000.00 $15,000.00 1-04 Shelter - Purchase & Installation One HC 8' Table & Two 11 6713 LS 1 6' Tables (See Page 8 & 33 of 27). $8,200.00 $8,200.00 1-05 Shelter - Purchase & Installation of Solar Lighting (See 03 30 00 26 LS 1 Page 8 & 24 of 27). 0500 $29,500.00 $29,500.00 1-06 Shelter- Site Mass Grading (See Page 13 of 27). 31 2316 LS 1 3291 19 $800.00 $800.00 1-07 Shelter - Grass Establishment (See Page 2 & 13 of 27). 32 92 13 LS 1 $950.00 $950.00 1-08 Basketball Court - 1955 SF of 5" Concrete PadMlalk & 32 13 13 EA 1 Purchase & Installation of Basketball Goal (See Page 8 32 13 20 & 26 of 27). $20,000.00 $20,000.00 1-09 Basketball Court - 6' CFW Bench (See Page 8 of 27) 11 6713 EA 2 $2,650.00 $5,300.00 1-10 Basketball Court - Purchase & Installation of Solar 26 05 00 LS 1 Lighting (See Page 8 & 24 of 27). $29,500.00 $29,500.00 1-11 Basketball Court - Site Mass Grading (See Page 13 of 31 2316 LS 1 27). 3291 19 $1,400.00 $1,400.00 1-12 Basketball Court - Grass Establishment (See Page 2 & 32 92 13 LS 1 13 of 27). $950.00 $950.00 1-13 Fitness Station - Purchase & Installation of Fitness 11 6713 LS 1 Equipment (See Page 7 & 23 of 27). $17,750.00 $17,750.00 1-14 Fitness Station - 5" Concrete Walk (See Page 7 of 27) 32 13 20 SF 206 $9.50 $1,957.00 1-15 Fitness Station - 14" Concrete Containment Edge (Mow 32 13 13 LF 123 Strip) (See Page 7 & 23 of 27) $41.00 $5,043.00 1-16 Fitness Station - Surfacing (Engineered Wood Fibar) 11 6915 SF 5543 (See Page 23 & 25 of 27). $5.50 $30,486.50 1-17 Fitness Station - Proposed Drainage System (See Page 11 6915 LS 1 12 & 25 of 27). $3,950.00 $3,950,00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Fomi Revised 20120120 102319, 102321 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID 00 42 43 BID PROPOSAL Page 3 of 5 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Spec. Section Unit of Bid Unit Price Bid Value No. No. Measure Quantity 1-18 Fitness Station - Site Mass Grading (See Page 12 of 27). 31 2316 LS 1 3291 19 $9,950.00 $9,950.00 1-19 Fitness Station - Grass Establishment (See Page 2 & 12 32 92 13 LS 1 of 27). $1,500.00 $1,500.00 1-20 Fitness Station - Purchase & Installation of Solar Lighting 03 30 00 26 LS 1 (See Page 8 & 24 of 27). 0500 $29,500.00 $29,500.00 1-21 6' CFW Bench & Concrete Pad (See Page 4 thru 7 of 27) 11 67 13 32 EA 6 1320 $3,200.00 $19,200.00 1-22 Purchase & Installation of one (1) 8' HC Table & 293 SF 11 6713 LS 1 of 5" Concrete Walk/Pad (See Page 4 of 27). 32 13 20 $5,050.00 $5,050.00 1-23 Purchase & Installation One 6' Table & 206 SF of 5" 12 93 00 LS 1 Concrete Walk/Pad (See Page 6 of 27) 32 13 20 $4,680.00 $4,680.00 1-24 Purchase & Installation One 6' Table & 206 SF of 5" 12 93 00 LS 1 Concrete Walk/Pad (See Page 7 of 27) 32 13 20 $4,680.00 $4,680.00 1-25 Purchase & Installation One 6' Table & 206 SF of 5" 12 93 00 LS 1 Concrete Walk/Pad (See Page 7 of 27) 32 13 20 $4,680.00 $4,680.00 1-26 Alt. Walk - 5" Concrete Walk (See Page 7 of 27) 32 13 20 1 SF 5630 $7.35 $41,380.50 1-27 Alt. Walk - Site Mass Grading (See Page 12 of 27). 31 2316 LS 1 3291 19 $5,100.00 $5,100.00 1-28 Alt. Walk - Grass Establishment (See Page 2 & 12 of 32 92 13 LS 1 27)• $9,000.00 $9,000.00 1-29 Alt. Walk - Site Erosion Control / Construction Entrance 31 2500 LS 1 (See Page 14 of 27) $3,700.00 $3,700.00 1-30 Righ of Way Walk - 5" Concrete Walk (See Page 7 & 8 32 13 20 SF 1375 of 27) $9.00 $12,375.00 1-31 Righ of Way Walk - Site Mass Grading (See Page 12 of 31 2316 LS 1 27)• 3291 19 $1,000.00 $1,000.00 1-32 Righ of Way Walk - Grass Establishment (See Page 2, 32 92 13 LS 1 12 & 13 of 27). $3,400.00 $3,400.00 1-33 Righ of Way Walk - Site Erosion Control / Construction 31 2500 LS 1 Entrance (See Page 14 of 27) $1,100.00 $1,100.00 1-34 Propose Backstop (See Page 6 of 27). 11 6713 EA 1 32 13 20 $2,950.00 $2,950.00 UNIT 1 ALTERNATE BID ITEM McPHERSON PARK TOTALI $439,532.00 UNIT 2 ALTERNATE BID ITEMS - DEER MEADOWS PARK 2-01 Playground - Purchase & Installation of two (2) Solar 03 30 00 26 LS 1 Lightings (See Page 16 & 24 of 27). 0500 $59,000.00 $59,000.00 2-02 Shelter - Purchase & Installation of Poligon Shelter (See 11 6713 EA 1 Page 16 & 22 of 27). $50,500.00 $50,500.00 2-03 Shelter - 1025 SF OF Concrete Pad (To include pad, 32 13 13 LS 1 column footing and shelter footing) (See Page 16 & 22 of 32 13 20 27. 1 $15,000.00 $15,000.00 2-04 Shelter - Purchase & Installation One HC 8' Table & Two 11 6713 LS 1 6' Tables (See Page 16 & 33 of 27). $8,200.00 $8,200.00 2-05 Shelter - Purchase & Installation of Solar Lighting (See 03 30 00 26 LS 1 Page 16 & 24 of 27). 0500 $29,500.00 $29,500.00 2-06 Shelter - Site Mass Grading (See Page 18 of 27). 31 2316 LS 1 3291 19 $1,400.00 $1,400.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Form Revised 20120120 102319, 102321 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID 00 42 43 BID PROPOSAL Page 4 of 5 Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Description Spec. Section Unit of Bid Unit Price Bid Value No. No. Measure Quantity 2-07 Shelter - Grass Establishment (See Page 2 & 18 of 27). 32 92 13 LS 1 $900.00 $900.00 2-08 Fitness Station - Purchase & Installation of Fitness 11 6713 LS 1 Equipment (See Page 16 & 23 of 27). $17,750.00 $17,750.00 2-09 Fitness Station - 5" Concrete Walk (See Page 16 of 27) 32 13 20 SF 115 $9.50 $1,092.50 2-10 Fitness Station - 14" Concrete Containment Edge (Mow 32 13 13 LF 123 Strip) (See Page 16 & 23 of 27) $41.00 $5,043.00 2-11 Fitness Station - Surfacing (Engineered Wood Fibar) 11 6915 SF 5543 (See Page 23 & 25 of 27). $5.50 $30,486.50 2-12 Fitness Station - Proposed Drainage System (See Page 11 6915 LS 1 18 & 25 of 27). $3,950.00 $3,950.00 2-13 Fitness Station - Site Mass Grading (See Page 18 of 27). 31 23 16 LS 1 3291 19 $9,850.00 $9,850.00 2-14 Fitness Station - Grass Establishment (See Page 2 & 18 32 92 13 LS 1 of 27). $1,400.00 $1,400.00 2-15 Fitness Station - Purchase & Installation of Solar Lighting 03 30 00 26 LS 1 (See Page 16 & 24 of 27). 0500 $29,500.00 $29,500,00 2-16 Basketball Court - 1955 SF of 5" Concrete Pad/Walk & 32 13 13 EA 1 Purchase & Installation of Basketball Goal (See Page 16 32 13 20 & 26 of 27). $20,000.00 $20,000.00 2-17 Basketball Court - 6' CFW Bench (See Page 16 of 27) 11 67 13 EA 2 $2,650.00 $5,300.00 2-18 Basketball Court - Purchase & Installation of Solar 03 30 00 26 LS 1 Lighting (See Page 16 & 24 of 27). 0500 $29,500.00 $29,500.00 2-19 Basketball Court - Site Mass Grading (See Page 18 of 31 2316 LS 1 27). 3291 19 $1,200.00 $1,200.00 2-20 Basketball Court - Grass Establishment (See Page 2 & 32 92 13 LS 1 18 of 27). $850.00 $850.00 UNIT 2 ALTERNATE BID ITEM DEER MEADOWS PARK TOTALI $320,422.00 UNIT 3 ALTERNATE BID ITEMS - ALLOWANCE 3-01 McPherson Park Allowance NA LS 1 $1,000.00 $1,000.00 3-02 McPherson Park Allowance NA LS 1 $2,500.00 $2,500.00 3-03 McPherson Park Allowance NA LS 1 $5,000.00 $5,000.00 3-04 McPherson Park Allowance NA LS 1 $7,500.00 $7,500.00 3-05 McPherson Park Allowance NA LS 1 $10,000.00 $10,000.00 3-06 McPherson Park Allowance NA LS 1 $15,000.00 $15,000.00 3-07 Deer Meadows Park Allowance NA LS 1 $1,000.00 $1,000.00 3-08 Deer Meadows Park Allowance NA LS 1 $2,500.00 $2,500.00 3-09 Deer Meadows Park Allowance NA LS 1 $5,000.00 $5,000.00 3-10 Deer Meadows Park Allowance NA LS 1 $7,500.00 $7,500.00 3-11 Deer Meadows Park Allowance NA LS 1 $10,000.001 $10,000.00 3-12 Deer Meadows Park Allowance NA LS 1 $15,000.001 $15,000.00 UNIT 3 ALTERNATE BID ITEM ALLOWANCE TOTALI $82,000.00 CITY OF FORT NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Fomi Revised 20120120 102319, 102321 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID 00 42 43 BID PROPOSAL Page 5 of 5 Bidder's Application Project Item Information Bidders Proposal Bidlist Item Description Spec. Section Unit of Bid Unit Price Bid Value No. No. Measure Quantity BID SUMMARY BASE BIDS UNIT 1 BASE BID ITEM - McPHERSON PARK 1 $536,273.00 UNIT 2 BASE BID ITEM - DEER MEADOWS PARK 1 $481,177.00 BASE BIDS TOTALI $1,017,450.00 ALTERNATE BIDS UNIT 1 ALTERNATE BID ITEMS - McPHERSON PARK $439,532.00 UNIT 2 ALTERNATE BID ITEMS - DEER MEADOWS PARK $320,422.00 UNIT 3 ALTERNATE BID ITEMS - ALLOWANCE $82,000.00 ALTERNATIVES TOTALI $841,954.00 BASE + ALTERNATE BIDS UNIT 1 BASE + UNIT 1 ALTERNATE BID ITEMS - McPHERSON PARK $975,805.00 UNIT 2 BASE + UNIT 1 ALTERNATE BID ITEMS - DEER MEADOWS PARK $801,599.00 UNIT 3 ALTERNATE BID ITEMS - ALLOWANCE $82,000.00 BASE + ALTERNATIVES TOTALI $1,859,404.00 END OF SECTION CITY OF FORT NORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Form Revised 20120120 102319,102321 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 2 That we, Northstar Construction, LLC , known as "Bidder" herein and Argonaut Insurance Company a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as PARK IMPROVEMENST AT: McPHERSON PARK & DEER MEADOWS PARK NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 22nd day of September 2022. EST: Z � a � J 0 4 W-a —,-, Witness as to 6 ncipal PRINCIPAL: Northstar Construction, LLC BY: Nil c.0 o -Y7 Signature Michael A. Heimlich, President Name and Title Address: 2112 Solona Street Fort Worth, TX 76117 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Form Revised 09/11/2017 102319, 102324 00 43 13 BID BOND Page 2 of 2 Witness as to Surety Attach Power of Attorney (Surety) for Attorney -in -Fact SURETY: Ar onaut Insurance Company r, BY: Signature Sandra Lee Roney, Attorney in Fact Name and Title Address: P.O. Box 469011 San Antonio, TX 78 246 Telephone Number: 972-201-0100 "Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION Park Improvements at: DOCUMENTS Form Revised 09/11/2017 102319, 102324 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Bog 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Andrea Rose Crawford, Troy Russell Key, Debra Lee Moon, John William Newby, Sandra Lee Roney, Joshua D. Tritt, Suzanne Elizabeth Niedzwiedz Their true and lawful agent(s) and attomey(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliver for and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of: $97,550.000"00 This Power of Attorney is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each of them hereby is authorized to execute powers of attomey, and such authority can be executed by use of facsimile signature. which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attomey, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021. Argonaut Insurance Company STATE OF TEXAS COUNTY OF HARRIS SS: e�r o� �FcFos 2: b v: • ;�iMO�.• T Gary E. Grose, President On this 19th day of November, 2021 A.D., before me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly swom, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. _ea } lU, -i n . YY- .,uA o LATHLEEN M MES NOTARY PUBLICY�cc �tb MY COMM. EXP. 07/15/25 NOTARY 1� 557902-8 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. b � IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the Ilidayof . �h 2022 °SEfEL> Austin W. King Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. IMPORTANT NOTICE To obtain information or make a complaint: You may call Argonaut Insurance Company and its affiliates by telephone for information or to make a complaint: ARGONAUT INSURANCE COMPANY Please send all notices of claim on this bond to: Argo Surety Claims (413) 773-6359 Deliveries Only: 225 W. Washington, 24t" Floor, Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: (512) 490-1007 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtection6dtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Argo Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. 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 autorriatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank , our principal place of business, are required to be % Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank , 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. 7 BIDDER: Northstar Construction, LLC 2112 Solona Street 0 Fort Worth, Texas 76117 END OF SECTION By: Michael A. Heimlich Title: President Date: 4.2 2- 2 o 2 Z CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park Improvements at: Form Revised 20110627 102319, 102324 004526-I CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 I SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 102319. 102324 Contractor further certifies that, pursuant to Texas Labor Code, 6 Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of 7 compliance with worker's compensation coverage. 8 9 CONTRACTOR: 10 11 Northstar Construction, LLC By: Michael A. Heimlich 12 Company (Please Print) 14 2112 Solona Street Signature: 15 Address 16 Fort Worth, Texas 76117 President 17 Title: 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME, the undersigned authority, on this day personally appeared 26 Michael A. Heimlich , known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of Northstar Construction, LLC for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22nd day of 32 September 12022 33 34 35 SANDY Q. MARTINEZ SPpY PU�/i 36 ; ° �. Notary Public, State of Texas _ Notary Public • nd for the to Texas Comm. Expires 09 25 2022 37 Notary ID 6930887 38 END OF SECTION 39 CITY OF FORT WORTH PARK IMPROI/EMENTSAT. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised July 1, 2011 004540-1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 5 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 6 (M/WBEs). 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 10 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 11 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 12 2020 (codified at: https://codelibrM.amleaal.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to 13 this bid. 14 15 BUSINESS EQUITY PROJECT GOAL 16 The City's Business Equity goal on this project is 18% of the total bid value of the contract (Base bid 17 applies to Parks and Community Services). 18 19 METHODS TO COMPLY WITH THE GOAL 20 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 21 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 22 ordinance through one of the following methods: 1. Commercially useful services performed by a 23 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 24 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 25 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. 26 Prime contractor Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 Applicable documents (listed below) must be received by the Purchasing Division, OR the offeror shall 30 EMAIL the Business Equity documentation to the assigned City of Fort Worth Project Manager or 31 Department Designee. Documents are to be received no later than 2:00 p.m., on the third City 32 business day after the bid opening date, exclusive of the bid opening date. 33 34 The Offeror must submit one or more of the following documents: 35 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 36 2. Good Faith Effort Form and Utilization Form, including supporting documentation, if 37 participation is less than stated goal, or no Business Equity participation is accomplished; 38 3. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 39 all subcontracting/supplier opportunities; or 40 4. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or Mentor- 41 Protege participation. 42 43 These forms can be found at: 44 Business Equity Utilization Form and Letter of Intent 45 https://apes.fortworthtexas.aov/ProiectResources/ResourcesP/60 - MWBEBusiness Equity Utilization 46 Form DVIN 2022 220324.pdf 47 48 49 CITY OF FORT WORTH PARK IMPRO VEMENTS A T.- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised October 27, 2021 004540-2 Business Equity Goal Page 2 of 2 1 Letter of Intent 2 https://aPps.fortworthtexas. og v/ProjectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 3 2021.pdf 4 5 Business Equity Good Faith Effort Form 6 https://apps.fortworthtexas. ova/ProjectResources/ResourcesP/60 - MWBE/Good Faith Effort 7 Form_DVIN 2022.pdf 8 9 Business Equity Prime Contractor Waiver Form 10 https://apps.fortworthtexas.aov/ProjectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 11 Waiver-220313.12df 12 13 Business Equity Joint Venture Form 14 https://apps.fortworthtexas. og v/ProjectResources/ResourcesP/60 - MWBE/MWBE Joint 15 Venture_220225.pdf 16 17 18 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL 19 RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID 20 REJECTED. 21 22 23 FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUTY DOCUMENTATION OR OTHERWISE 24 COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- 25 RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS 26 AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. 27 28 For Questions, Please Contact The Business Equity Division of the Department of Diversity and 29 Inclusion at (817) 392-2674. 30 END OF SECTION 31 CITY OF FORT WORTH PARK IMPRO VEMENTS A T.- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised October 27, 2021 005243-1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on December 13, 2022, is made by and between the City of Fort Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, ("City"), and Northstar Construction, LLC, authorized to do business in Texas, acting by and through its duly authorized representative, ("Contractor"). City and Contractor may jointly be referred to as Parties. City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK Contractor shall complete all Work as specified or indicated in the Contract Documents for the Project identified herein. Article 2. PROJECT The project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Park Improvements at: McPherson Park & Deer Meadow Park CPN. 102319 & 102324 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current funds, of One million one hundred ninety-one thousand five hundred five dollars and fifty cents ($1,191,505.50). Contract price may be adjusted by change orders duly authorized by the Parties. Article 4. CONTRACT TIME 4.1 Final Acceptance. The Work shall be complete for Final Acceptance within 180 days One hundred eighty Calendar Days after the date when the Contract Time commences to run, as provided in Paragraph 2.02 of the General Conditions, plus any extension thereof allowed in accordance with Article 12 of the General Conditions. 4.2 Liquidated Damages Contractor recognizes that time is of the essence for completion of Milestones, if any, and to achieve Final Acceptance of the Work and City and the public will suffer from loss of use if the Work is not completed within the time(s) specified in Paragraph 4.1 above. The Contractor also recognizes the delays, expense and difficulties involved in proving in a legal proceeding, the actual loss suffered by the City if the Work is not completed on time. Accordingly, instead of requiring any such proof, Contractor agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay City Six Hundred and Fifty Dollars ($650.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH PARK IMPROVEMENTS AT. - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised 11/23/2021 00 52 43 - 2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A. The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. Insurance ACORD Form(s) d. Payment Bond e. Performance Bond f. Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions. 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. INDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damaLyes being sought were caused, in whole or in part, by any act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised 11/23/2021 00 52 43 - 3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part. by any act, omission or negligence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article I of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 7.5 Governing Law and Venue. This Agreement, including all of the Contract Documents is performable in the State of Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the Northern District of Texas, Fort Worth Division. 7.6 Authority to Sign. Contractor shall attach evidence of authority to sign Agreement if signed by someone other than the duly authorized signatory of the Contractor. 7.7 Non -appropriation of Funds. In the event no funds or insufficient funds are appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds have been appropriated. CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised 11/23/2021 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2274 of the Texas Government Code -(as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 7.10 Prohibition on Discrimination Against Firearm and Ammunition Industries. Contractor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised 11/23/2021 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised 11/23/2021 00 52 43 - 6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: By: Signature Michael A. Heimlich (Printed Name) President Title 2112 Solona Street Address Fort Worth, Tx. 76117 City/State/Zip 2- /s-2022 Date City of Fort Worth �By�: �� Jesica L. McEachern Assistant City Manager Mar 3, 2023 Date �FOna Rr°nna aOF Attest: AQR nEeA5a44 Jannette Goodall, City Secretary (Seal) M&C: 22-1067 Date: 12/13/2022 Form 1295 No.: 2022-940645 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. F�c Carlos M. Gonzalez Park Planner Approved as to Form and Legality: Jeremy Anato-Mensah Assistant City Attorney I APPROxAL RECOMMENDED: law f0-11 Dave Lewis, Acting Director, Park & Recreation Department CITY OF FORT WORTH OFFICIAL RECORD STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY SECRETARY Revised 11/2312021 FT. WORTH, TX Sl./ SP J PARK IAIPROVEME AK 102319 & 102324 0061 13 - 1 PERFORMANCE BOND Page 1 of 2 I SECTION 00 6113 2 PERFORMANCE BOND Bond no. SUR0075462 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 Ar.gonatdnsurance Company , a corporate surety(sureties, if 10 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein 1 1 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of Texas, blown as "City" herein, in the penal sum of, 13 One million one hundred ninety-one thousand five hundred five dollars and fifty cents 14 ($1,191.505.50). lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, 16 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 13 day of December, 2022, which Contract is hereby referred to and made a pall 19 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and 20 other accessories defined by law, in the prosecution of the Work, including any Change Orders, 21 as provided for in said Contract designated as Parkbngrovenlents at: McPherson Park & Deer 22 Meadow Park, CPN. 102319 & 102324._ 23 24 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 27 specifications, and contract documents therein referred to, and as well during any period of 28 extension of the Contract that may be granted on the part of the City, then this obligation shall be 29 and become null and void, otherwise to remain in fiull force and effect. 30 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 31 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 32 Worth Division. CITY OF FORT WORTH PARK IMPROVEMENTS AT.• STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised July 1, 2011 006113-2 PERFORMANCE BOND Page 2 of 2 I 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 15t_ h day of 6 December _, 20 22 , 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 ATTEST: (Principal) Secretary Witness as to Psi ?plal Witness as to !fire PRINCIPAL: Northstar Construction, LLC, BY: 94ja Signature Michael A. Heimlich, President Name and Title Address: 2112 Solona Street Fort Worth, Tx. 76117 SURETY: Argonaut Insurance Company By. Cinn�atiirP _Debra Lee Moon, Attorney in Fact Name and Title Address: P.O. Box 469011 San Antonio, TX 78246 Telephone Number: _413-773-6359 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different frorn its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH PARK IMPROVEMENTS AT. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised July 1, 2011 0061 14- 1 PAYMENTBOND Page I of 2 SECTION 00 61 14 2 PAYMENT BOND Bond no. SUR0075462 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 Argonaut Insurance Company , a corporate surety (sureties), duly 10 authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), 11 are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant 12 to the laws of the State of Texas, known as "City" herein, in the penal sum of One million one 13 hundred ninety-one thousand five hundred five dollars and fifty cents {$1,191,505.501, 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the 15 payment of which sum well and truly be made, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns, jointly and severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 13 day of December, 2022, which Contract is hereby referred to and made a part hereof for all 19 purposes as if fully set forth herein, to furnish all materials, equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as Park Improvements at: McPherson Park & Deer Meadow Park CPN 102319 & 22 102324. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH PARK IMPROVEMENTS AT. STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised July 1, 2011 0061 14 - 2 PAYMENTBOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 15th day of 3 December , 20 22 4 5 6 7 8 9 10 It 12 PRINCIPAL: Northstar Construction, LLC, ATTEST: BY: I' l�u� `�� • �� Signature Michael A. Heimlich. President (Principal) Secretary Name and Title Address: 2112 Solona Street Fort Worth, Tx. 76117 Witness as to •incip 1 — -�s SURETY: Argonaut Insurance Company ATTEST: 137� � sz- Signature Debra Lee Moon. Attorney in Fact (Surety) Secretary Name and Title Witness s t Surety Address: P.O. Box 469011 San Antonio, TX 78246 Telephone Number: 413-773-6359 Note: If signed by an officer of the, Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH PARK IMPROVEMENTS AK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised ndy 1, 2011 0061 19- 1 MAINTENANCE BOND Page l of 3 I SECTION 00 61 19 2 MAINTENANCE BOND 3 Bond no. SUR0075462 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 Argonaut Insurance Company , a corporate surety (sureties, if 10 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein I 1 " (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum 13 of One million one hundred ninety-one thousand five hundred five dollars and fifty cents 14 ($1,191,505.50), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas, for payment of which sum well and truly be made unto the City and its successors, we 16 bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 17 firmly by these presents. 18 19 WHEREAS, the Principal has entered into a certain written contract with the City awarded 20 the 13 day of December, 2022, 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 Park Improvements at: McPherson Park & Deer Meadow Park CPN 102319 & 25 102324; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans, specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two (2) years 30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. CITY OF PORT WORTH PARK IMPROVEMENTSAT.- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 102319 & 102324 Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 13 14 15 16 17 18 19 20 0061 19-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 PARK IHIPROVEMENTS OJT.- 102319 & 102324 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 0061 19 - 3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the _15th day of _____ December , 2022. ATTEST: (Principal) Secretary Witness as to Pr' cipa ATTEST: _� (Surety) Secretary PRINCIPAL: Northstar Construction. LLC. gnature Michael A. Heimlich, President Name and Title Address: 2112 Solona Street Fort Worth. Tx, 76117 SURETY: Ar onaut Insurance Company Signature _Debra Lee Moon. Attorney in Fact___ Name and Title Address: P.O. Box 469011 San Antonio, TX 78246 —s Witness as to S r Telephone Number: 413-773-6359 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July I, 2011 PARK IMPROVEMENTS AT. 101319 & 102314 Argonaut Insurance Company Deliveries Only: 225 W. Washington, 24th Floor Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the Argonaut Insurance Company, a Corporation duly organized and existing under the laws of the State of Illinois and having its principal office in the County of Cook, Illinois does hereby nominate, constitute and appoint: Andrea Rose Crawford, Troy Russell Key, Debra Lee Moon, John William Newby, Sandra Lee Roney, Joshua D. Tritt, Suzanne Elizabeth Niedzwiedz Their true and lawful agent(s) and attomy(s)-in-fact, each in their separate capacity if more than one is named above, to make, execute, seal and deliverfor and on its behalf as surety, and as its act and deed any and all bonds, contracts, agreements of indemnity and other undertakings in suretyship provided, however, that the penal sum of any one such instrument executed hereunder shall not exceed the sum of. $97,550,000.00 This Power of Attomey is granted and is signed and sealed under and by the authority of the following Resolution adopted by the Board of Directors of Argonaut Insurance Company: "RESOLVED, That the President, Senior Vice President, Vice President, Assistant Vice President, Secretary, Treasurer and each ofthem hereby is authorized to execute powers of attorney, and such authority can be executed by use of facsimile signature, which may be attested or acknowledged by any officer or attorney, of the Company, qualifying the attorney or attorneys named in the given power of attorney, to execute in behalf of, and acknowledge as the act and deed of the Argonaut Insurance Company, all bond undertakings and contracts of suretyship, and to affix the corporate seal thereto." IN WITNESS WHEREOF, Argonaut Insurance Company has caused its official seal to be hereunto affixed and these presents to be signed by its duly authorized officer on the 19th day of November, 2021. Argonaut Insurance Company J�\4 c 2e• O 00 SEAL.` by: d�•, ' 1948 t� `•SIN3`s' G E. Grose President STATE OF TEXAS Gary COUNTY OF HARRIS SS: On this 19th day of November, 2021 A. befoC me, a Notary Public of the State of Texas, in and for the County of Harris, duly commissioned and qualified, came THE ABOVE OFFICER OF THE COMPANY, to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of same, and being by me duly swom, deposed and said that he is the officer of the said Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and the said Corporate Seal and his signature as officer were duly affixed and subscribed to the said instrument by the authority and direction of the said corporation, and that Resolution adopted by the Board of Directors of said Company, referred to in the preceding instrument is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand, and affixed my Official Seal at the County of Harris, the day and year first above written. �NM AEE KSLICXAS1E1:K 257902-8 (Notary Public) I, the undersigned Officer of the Argonaut Insurance Company, Illinois Corporation, do hereby certify that the original POWER OF ATTORNEY of which the foregoing is a full, true and correct copy is still in full force and effect and has not been revoked. IN WITNESS WHEREOF, I have hereunto set my hand, and affixed the Seal of said Company, on the 15th day of December 2022 '•�<lINO1S:' T: • Austin W. King Secretary IF YOU HAVE QUESTIONS ON AUTHENTICITY OF THIS DOCUMENT CALL (833) 820 - 9137. IMPORTANT NOTICE T,,,, information or make a complaint: You may call Argonaut Insurance Company and its affiliates by telephone for information or to make a complaint: ARGONAUT INSURANCE COMPANY plpacp cpnd all notices of claim on this bond to: Argo Surety Claims (413) 773-6359 Deliveries Only: 225 W. Washington, 241" Floor, Chicago, IL 60606 United States Postal Service: P.O. Box 469011, San Antonio, TX 78246 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: (512) 490-1007 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection(aD-tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Argo Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements.