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HomeMy WebLinkAboutContract 62741FORTWORTHm CONTRACT FOR THE CONSTRUCTION OF PARK IMPROVEMENTS AT.• MARINE CREEK LAKE, VINEYARDS AT HERITAGE & KINGSRIDGE PARKS City Project No. 100577, 102318, & 102323 Mattie Parker Mayor Jesus "Jay" Chapa City Manager Richard Zavala Director, Park & Recreation Department Prepared for The City of Fort Worth 2018 BOND PROGRAM GASREVENUE PARK DEDICATION FEES CSC No. 62741 2025 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX FORT WORTH. "I'll City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pagel of 3 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 01/14/2025 0005 15 Addenda 09/26/2024 0011 13 Invitation to Bidders 08/28/2024 0021 13 Instructions to Bidders 08/28/2024 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 09/30/2021 0043 13 Bid Bond 09/30/2021 00 43 37 Vendor Compliance to State Law Nonresident Bidder 09/30/2021 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 45 40 Business Equity Goal 06/07/2024 00 52 43 Agreement 12/08/2023 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 0061 19 Maintenance Bond 12/08/2023 00 61 25 Certificate of Insurance 07/01/2011 00 72 00 General Conditions 03/08/2024 00 73 00 Supplementary Conditions 03/08/2024 Division 01- General Requirements Last Revised 01 1100 Summary of Work 12/20/2012 01 25 00 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/2012 01 31 20 Project Meetings 07/01/2011 0132 16 Construction Schedule 10/06/2023 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 0157 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 23 Operation and Maintenance Data 12/20/2012 01 78 39 Project Record Documents 07/01/2011 CITY OF FORT WORTH PARK IMPROVEMENTS A T.- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100577, 102318, 102323 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 3 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents NONE Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: hUg: //fortworth texas.gov/tRw/con tractors/ or htt a Ds.fortworthtexas.m/ProiectResmjrces/ Division 02 - Existing Conditions Last Revised 0241 13 Selective Site Demolition 03/11/2022 0241 14 Utility Removal/Abandonment 12/20/2012 0241 15 Paving Removal 02/02/2016 Division 03 - Concrete 03 30 00 1 Cast -In -Place Concrete 03/11/2022 Division 11- Equipment 11 66 12 Site Underdrains 07/18/2022 11 67 13 Site Furnishings 07/18/2022 1168 14 Playground Equipment 07/18/2022 11 69 15 Wood Fiber Playground Surfacing 07/18/2022 Division 26 - Electrical 26 05 00 1 Common Work Results for Electrical 03/11/2022 Division 31- Earthwork 31 00 00 Site Clearing 03/22/2021 3123 16 Unclassified Excavation 01/28/2013 31 23 23 Borrow 01/28/2013 31 24 00 Embankments 01/28/2013 31 25 00 Erosion and Sediment Control 04/29/2021 Division 32 - Exterior Improvements 32 13 13 Concrete Paving 06/10/2022 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 12/09/2022 32 1373 Concrete Paving Joint Sealants 12/20/2012 3291 19 Topsoil Placement and Finishing of Roadway Right-of-ways 03/11/2022 32 92 13 Sodding 05/13/2021 32 92 14 Non -Native Seeding 05/13/2021 32 92 15 Native Grass and Wildflower Seeding 10/06/2023 32 93 43 Trees and Shrubs 12/20/2012 Division 33 33 12 10 Water Services 1-inch to 2-inch 02/14/2017 CITY OF FORT WORTH PARK IMPROVEMENTS AT. - STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100577, 102318, 102323 Revised June 7, 2024 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 3 Appendix GC-6.06.1) 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 100577, 102318, 102323 Revised June 7, 2024 City of Fort Worth, Texas Mayor and Council Communication DATE: 01 /14/25 M&C FILE NUMBER: M&C 25-0006 LOG NAME: 80PARK IMPROVEMENTS AT 3 PARKS SUBJECT (CD 2 and CD 4) Authorize Execution of a Contract with Northstar Construction, LLC, in the Amount of $1,776,179.00 for Construction of Park Improvements at Marine Creek Lake, Vineyards at Heritage, and Kingsridge Parks, Adopt Appropriation Ordinances, and Amend the Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a Contract with Northstar Construction, LLC, in the amount of $1,776,179.00 for construction of park improvements at Marine Creek Lake Park (City Project No. 100577), Vineyards at Heritage Park (City Project No.102318), and Kingsridge Park (City Project No. 102323); 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the PARD Dedication Fees Fund by 1. increasing estimated receipts and appropriations in the Marine Creek Lake Park project (City Project No. 100577) in the amount of $49,725.00; and 2. increasing estimated receipts and appropriations in the Kingsridge Park project (City Project No. 102323) in the amount of $45,450.00 and decreasing estimated receipts and appropriations in the PARD Maintenance & Replacement programmable project (City Project No. P00133) in the amount of $95,175.00; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the PARD Gas Lease Capital Project Fund in the amount of $190,275.00, from available Gas Lease Royalties within UNSGAS UNSPECIFIED project (City Project No. UNSGAS), for the purpose of funding the Marine Creek Lake Park project (City Project No. 100577); 4. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the PARD Dedication Fees Fund in the amount of $100,000.00, from available Development Fee and Engineering/Infrastructure Fee within the Neighborhood Unit 6-05 project (City Project No. UN8054), for the purpose of funding the Vineyards at Heritage Park project (City Project No.102318); 5. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the PARD Dedication Fees Fund by increasing estimated receipts and appropriations in the Kingsridge Park project (City Project No. 102323) in the amount of $110,055.00 and decreasing estimated receipts and appropriations in the PARD New Enhancements programmable project (City Project No. P00132) by the same amount; 6. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the PARD Dedication Fees Fund in the amount of $181,475.00, from available Development Fee within the Neighborhood Unit 6-34 project (City Project No. UN8195), for the purpose of funding the Kingsridge Park project (City Project No.102323); and 7. Amend the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize execution of a construction contract with Northstar Construction, LLC, in the amount of $1,776,179.00 for park improvements at Marine Creek Lake, Vineyards at Heritage and Kingsridge Parks. Funding for the park improvements at Marine Creek Lake, Vineyards at Heritage, and Kingsridge Parks is from the 2018 Bond Program Fund, the PARD Gas Lease Capital Project Fund, and the PARD Dedication Fees Fund. The project was advertised for bid on August 29 and September 5, 2024, in the Fort Worth Star - Telegram. On September 26, 2024, the following bids were received and tabulated. BIDDER BASE BID RECOMMENDED I TOTAL ALTERNATES Northstar Construction, $1,586,179.00 $190,000.00 $1,776,179.00 LLC C. Green C. LP $2,005,456.00 $185,704.00 $2,191,160.00 p g Base bid improvements include the following: Installation of new playground equipment, concrete sidewalks, ADA ramps, drainage systems, safety surface material, and grass seeding. Alternate bid items selected include security lighting and park benches. Contract time is 210 days and construction is anticipated to commence in March 2025 and be completed by October 2025. Total project cost: JProject Name (Capital Fund Name Marine Creek Lake 2018 Bond Program Park Imps (100577) �(34018) Marine Creek Lake PARD Dedication Park Imps(100577) �Fees(301 1 0) Marine Creek Lake PARD Dedication Park Imps(100577) �Fees(301 1 0) Marine Creek Lake PARD Gas Lease Park Imps(100577) Capital Project(33002) Marine Creek Lake PARD Gas Lease Park Imps(100577) Capital Project(33002) Vineyards at Heritage 2018 Bond Park (102318) Program(34018) Vineyards at Heritage PARD Dedication Park (102318) �Fees(301 10) Vineyards at Heritage PARD Dedication �Fees(301 Park (102318) 10) Authority JAmount IM&C $500,000.00 20-0256 CIP FY2018 $135,000.00 � This M&C I $49,725.00 M&C G- $3,828.00 19310 This $190,275.00 M&C FY2020 J $410,000.00 CIP FY2020 I $66,533.00 CIP This I $100,000.00 M&C Kingsridge/Kingsridge 18 Bond 0ogram(34018) FY2020 �Clp $600,000.00 West(102323) Kingsridge/Kingsridge PARD Dedication �Fees(3011 FY2020 �Clp I $54,720.00 West(102323) 1 () �Kingsridge/Kingsridge PARD Dedication �Fees(3011 This �M&c I $336,980.00 West(l 02323) 1 () $2,447,061.00 The park improvements at Marine Creek Lake, Vineyards at Heritage, and Kingsridge Parks are estimated to increase the department's annual maintenance cost by $73,800.00 beginning in Fiscal Year 2026. Funding for additional construction costs for Marine Creek Lake Park, Vineyards at Heritage Park, and Kingsridge Park was not included in the Fiscal Year 2025-2029 Capital Improvement Program. The action in this M&C will amend the Fiscal Year 2025-2029 Capital Improvement Program as approved in connection with Ordinance 27107-09-2024. The Business Equity Division placed an 8.88% business equity goal on this solicitation/contract. Northstar Construction, LLC, has agreed/committed to utilize 9.01 % business equity subcontractor participation for the scope of work, meeting the City's Business Equity Ordinance. Any changes in subcontractors will be reviewed by the Business Equity Division. Marine Creek Lake Park is located in Council District 2. Vineyards at Heritage Park and Kingsridge Park are located in Council District 4. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the PARD Maintenance & Replacement, UN8054 Neighborhood Unit 6-05, PARD New Enhancements and UN8195 Neighborhood Park Unit 6-34 projects within the PARD Dedication Fees Fund and in the UNSGAS UNSPECIFIED - GAS LEASE REV project within the PARD Gas Lease Capital Project Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the 2018 Bond Program, PARD Dedication Fees, PARD Gas Lease Capital Projects Funds for the Marine Creek Lake Park Imps, Vineyards at Heritage Park and Kingsridge projects to support the above recommendations and execution of the agreement. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: Oriainatina Business Unit Head: Jesica L. McEachern 5804 Richard Zavala 5704 Additional Information Contact: Joel McElhany 5745 0005 15 ADDENDA Page 1 of 4 September 17,2024 Prospective Bidders Addendum #1 Marine Creek, Vineyards at Heritage, Kingsridge. CPN: 100577, 102318,102323 1. What are the prebid meeting credentials? Section 00 11 13 - INVITATION TO BIDDERS PREQ TAr IFIC ATION CAL a,ix iyr Z4,'O ntl"U,�OC -[, bhE, : pr-e qUalified by the !'' y . * N iirno OC bid openifig. The preeedofes F g lemon ark lac qualification o outlined i the Seel o 3 of 00 2) 13 INETRUCTIONS TO T'IDDERE. 2. Is there any electrical or lighting needs on this project? The plan set calls for solar lights. 3. 1 am counting 3 solar light poles. Is that accurate? Also it says irrigation controller needs to be hooked to 120 volts from whatever nearby source. Is there a known source of power near the irrigation controllers that can be marked on the plans so we can get a footage or are they going to just use a solar set up for the irrigation controller? There are 5 solar light poles. The irrigation controller can have a solar set up. 4. Can you tell me what kind of border is needed around the playground, concrete or plastic? Also will there be a detailed drawing of the playground equipment that includes a list of structure components? The mow strip surrounding the playground will need to be concrete. The plan set on page 51 (Landscape Detail 4); lists the equipment schedule with components, manufacturer, model and product representative. 5. Request for CAD files and Bid Quantity estimate CAD file link and BID Quantity estimate uploaded into Bonfire public files folder. End of Addendum #1 Bid Opening Date: September 26, 2024 Acknowledge the receipt of this Addendum on your Proposal. By: David Munoz Park Planner (817) 392-5744 David. Munoz(a)fortworthtexas.aov 0005 15 ADDENDA Page 2 of 4 September 23 2024 Prospective Bidders Addendum #2 Marine Creek, Vineyards at Heritage, Kingsridge. CPN: 100577, 102318,102323 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify, explain, or correct the original drawings issued and/or project manual. REFER TO SHEETS "4, 5, 6, 7 & 8" Changed erosion control fencing to filter sock, adjusted filter sock layout, and preserved additional trees. Sheets 4, 5, 6, 7, & 8 attached here shall replace original Sheets 4, 5, 6, 7, & 8. REFER TO SHEETS "10, 11, 12, 13 & 14" Control joints and expansion joints added for design intent. Changed sidewalk landing length to 5' for northern ramp. Changed sidewalk dimensions for connection point to existing sidewalks. Moved water fountain location. Adjusted outfall location for playground drainage pipe. Removed sidewalk segment shown in TRWD property. Adjusted landing and layout for southern trail section bordering TRWD property. Sheets 10, 11, 12, 13 & 14 attached here shall replace original Sheets 10, 11, 12, 13 & 14. REFER TO SHEETS "15, 16, 17, 18 & 19" Adjusted spot grades for sidewalk landings. Added spot grades for connection points to existing sidewalks. Adjusted grading for new water fountain location. Adjusted landing and layout for southern trail section bordering TRWD property. Sheets 15, 16, 17, 18 & 19 attached here shall replace original Sheets 15, 16, 17, 18 & 19. REFER TO SHEETS "20, 21 & 22" Adjusted irrigation schedule, mainline layout and added additional sod. Sheets 20, 21 & 22 attached here shall replace original Sheets 20, 21 & 22. REFER TO SHEETS "29, 30, 31 & 32" Increased label size for coordinate points. Sheets 29, 30, 31 & 32 attached here shall replace original Sheets 29, 30, 31 & 32. REFER TO SHEETS "33, 34, 35 & 36" Increased label size. Added new spot grades and adjusted contour lines. Sheets 33, 34, 35 & 36 attached here shall replace original Sheets 33, 34, 35 & 36. REFER TO SHEETS "37, 38 & 39" Added grayed back survey line work to sheets. Sheets 37, 38 & 39 attached here shall replace original Sheets 37, 0005 15 ADDENDA Page 3 of 4 September 23 2024 Prospective Bidders Addendum #2 Marine Creek, Vineyards at Heritage, Kingsridge. CPN: 100577, 102318,102323 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify, explain, or correct the original drawings issued and/or project manual. REFER TO SHEETS "4, 5, 6, 7 & 8" Changed erosion control fencing to filter sock, adjusted filter sock layout, and preserved additional trees. Sheets 4, 5, 6, 7, & 8 attached here shall replace original Sheets 4, 5, 6, 7, & 8. REFER TO SHEETS "10, 11, 12, 13 & 14" Control joints and expansion joints added for design intent. Changed sidewalk landing length to 5' for northern ramp. Changed sidewalk dimensions for connection point to existing sidewalks. Moved water fountain location. Adjusted outfall location for playground drainage pipe. Removed sidewalk segment shown in TRWD property. Adjusted landing and layout for southern trail section bordering TRWD property. Sheets 10, 11, 12, 13 & 14 attached here shall replace original Sheets 10, 11, 12, 13 & 14. REFER TO SHEETS "15, 16, 17, 18 & 19" Adjusted spot grades for sidewalk landings. Added spot grades for connection points to existing sidewalks. Adjusted grading for new water fountain location. Adjusted landing and layout for southern trail section bordering TRWD property. Sheets 15, 16, 17, 18 & 19 attached here shall replace original Sheets 15, 16, 17, 18 & 19. REFER TO SHEETS "20, 21 & 22" Adjusted irrigation schedule, mainline layout and added additional sod. Sheets 20, 21 & 22 attached here shall replace original Sheets 20, 21 & 22. REFER TO SHEETS "29, 30, 31 & 32" Increased label size for coordinate points. Sheets 29, 30, 31 & 32 attached here shall replace original Sheets 29, 30, 31 & 32. REFER TO SHEETS "33, 34, 35 & 36" Increased label size. Added new spot grades and adjusted contour lines. Sheets 33, 34, 35 & 36 attached here shall replace original Sheets 33, 34, 35 & 36. REFER TO SHEETS "37, 38 & 39" Added grayed back survey line work to sheets. Sheets 37, 38 & 39 attached here shall replace original Sheets 37, 0005 15 ADDENDA Page 4 of 4 38 & 39 REFER TO SHEETS "41 & 42" Added grayed back survey line work to sheets. Adjusted playground drainage pipe and added pop-up drainage emitter. Sheets 41 & 42 attached here shall replace original sheets 41 & 42. REFER TO SHEETS "43 & 44" Added grayed back survey line work to sheets. Adjusted grading for playground and drainage pipe. Sheets 43 & 44 attached here shall replace original sheets 43 & 44. REFER TO SHEETS "45, 46 & 47" Added grayed back survey line work to sheets. Adjusted mainline and point of connection for irrigation system. Sheets 45, 46 & 47 attached here shall replace original sheets 45, 46 & 47. REFER TO SHEET "56" Added pop-up drainage emitter detail. Sheet 56 attached here shall replace original sheet 56. End of Addendum #2 Bid Opening Date: September 26, 2024 Acknowledge the receipt of this Addendum on your Proposal. By: AV'CA Oliver Penny U Park Planner (817) 944-3717 oliver. Den nv(a)fortworthtexas.aov 0011 13 INVITATION TO BIDDERS Paget of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of Park Impovements at Marine Creek Lake, Vineyards at Hertiage, and Kingsridge Parks ("Project") will be received by the City of Fort Worth via the Procurement Portal httlls:Hfortworthtexas.bonfirehiib.com/aortal/?tah=onenODnortunMe1, under the respective Project until 12:00 P.M. CST, September 26, 2024). Bids will then be opened publicly and read aloud beginning at 2:00 PM CST in the City Council Chambers. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommends allowing sufficient time to complete the submission process (ideally a week before the deadline) to begin the uploading process and to finalize your submission to give adequate time in the event an issue arises. All submissions must be submitted electronically prior to the close date and time under the respective Project via the Procurement Portal: httDs://fortworthtexas.bonfirehub.com/portal/?tab=oDenODDortanities Failure to submit all completed required information listed in the respective Solicitation will be grounds for rejection of a bid as non -responsive. No late bids/proposals shall be accepted. Bids delivered in any other manner than using the Bonfire Platform (Procurement Portal) will not be accepted or considered. If, upon being opened, a submission is unreadable to the degree that material conformance to the requirements of the procurement specifications cannot be ascertained, such submission will be rejected without liability to the City, unless such bidder provides clear and convincing evidence (a) of the content of the submission as originally submitted and (b) that the unreadable condition of the Electronic Bid was caused solely by error or malfunction of the Bonfire Platform (Procurement Portal). Failure to scan a clear or readable copy of a bid into the system does not constitute and shall not be considered an error or malfunction of the Bonfire Platform (Procurement Portal). Bidders are encouraged to fully review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT CITY OF FORT WORTH Park Improvements at Marine Creek Lake, STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Vineyards at Heritage, and Kingsridge Parks Revised 2/08/24 100577, 102318, 102323 00 11 13 INVITATION TO BIDDERS Page 2 of 3 For technical questions, visit Bonfire's help forum at https://vendorsupport.gobonfire.com/hc/en- us Contact the Bonfire support team at Support@GoBonfire.com or by calling 1-800-354-8010. To get started with Bonfire, watch this five-minute training video: Vendor Registration and Submission [VIDEO] — Bonfire Vendor Support (gobonfire.com) GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: Installation of new shelters, new playground equipment, multi -use court w/goal, concrete sidewalks, ADA ramps, drainage systems, safety surface material, grass seeding and miscellaneous park amenities to include but not limited to park benches, picnic tables, outdoor exercise equipment, drinking fountain and tree planting. PREQUALIFICATION � in tK. z rrc, „beent-.,,.,,,,- who ; pr-e qualified by the City at the time of bi op e-ning. The p ed 0 21 13 INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal https://fortworthtexas.bonfirehub.com/aortal/?tab=oDenODDortunities, under the respective Project. Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. EXPRESSION OF INTEREST To ensure potential bidders are kept up to date of any new information pertinent to this project, all interested parties should indicate their intent to bid in the Procurement Portal by selecting "yes" under the Intent to Bid section. All Addenda will be posted in the Procurement Portal https:Hfortworthtexas.bonfirehub.com/i)ortal/?tab=oi)en0_n_nortunities, under the respective Project. 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 12, 2024 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 should direct all questions about the meaning and intent of the Bidding Documents electronically through the Vendors discussions section under the respective Project via the Procurement Portal. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS CITY OF FORT WORTH Park Improvements at Marine Creek Lake, STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Vineyards at Heritage, and Kingsridge Parks Revised 2/08/24 100577, 102318, 102323 00 11 13 INVITATION TO BIDDERS Page 3 of 3 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. INQUIRIES All inquiries relative to this procurement should be addressed to the following: Attn: David Munoz, Park Planner, City of Fort Worth Email: David.Munoz(i_ fortworthtexas.2_ ov Phone: 817.392.5744 AND/OR Attn: Carlos Gonzalez Email: Carlos.Gonzalez(afortworthtexas.2ov Phone: 817.392.5734 ADVERTISEMENT DATES 1st date for advertisement August 29, 2024 2nd date for advertisement September 5, 2024 END OF SECTION CITY OF FORT WORTH Park Improvements at Marine Creek Lake, STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Vineyards at Heritage, and Kingsridge Parks Revised 2/08/24 100577, 102318, 102323 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 electronic 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. 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. 3.2. In addition to prequalification, additional requirements for qualification may be required within various sections of the Contract Documents. CITY OF FORT WORTH PARK IMPROVEMENTS AT - STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 100577, 102318, 102323 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 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. 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. CITY OF FORT WORTH PARK IMPROVEMENTS AT - STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 100577, 102318, 102323 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 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. 4.1.9.Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 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 DOCUMENT 100577, 102318, 102323 Revised/Updated 1/17/24 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. 6. Interpretations and Addenda CITY OF FORT WORTH PARK IMPROVEMENTS AT - STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 100577, 102318, 102323 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to City electrically through the Vendor Discussions section.under the respective Project via the Procurement Portal_ https://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities 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. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by City. 6.3. Addenda or clarifications shall be posted under the respective Project via the Procurement Portal_ httl)s://fortworthtexas.bonfirehub.com/aortal/?tab=oi)enObbortanities 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. 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. CITY OF FORT WORTH PARK IMPR0VEMENTSAT. STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 100577, 102318, 102323 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 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: httos://codelibrarv.amle2al.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. 12.2. All blanks on the Bid Form must be completed and the Bid Form signed electronically or signed in ink and scan. 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. 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. CITY OF FORT WORTH PARK IMPROVEMENTS AT - STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 100577, 102318, 102323 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 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 electronically in the Procurement Portal on the prescribed Bid Form, provided with the Bidding Documents, prior to the time indicated in the Advertisement or INVITATION TO BIDDERS. 14. Withdrawal of Bids 14.1. Bids submitted electronically may be withdrawn prior to the time set for bid opening via the Procurement Portal httl)s://fortworthtexas.bonfirehub.com/i)ortal/?tab=oi)en0nnortunities. 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. CITY OF FORT WORTH PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 100577, 102318, 102323 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to fill out and sign the Certificate of Interested Parties Form 1295 and the form must be submitted to the Project Manager before the contract will be presented to the City Council. The form can be obtained at htti)s://www.ethics.state.tx.us/data/forms/1295/1295.i)df 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. CITY OF FORT WORTH PARK IMPROVEMENTS AT - STANDARD CONSTRUCTION SPECIFICATION DOCUMENT 100577, 102318, 102323 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 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 DOCUMENT 100577, 102318, 102323 Revised/Updated 1/17/24 0035 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) hftr)s://www.ethics.state.tx.us/data/forms/conflict/CIS.i)df ❑ CIQ Form does not apply 0 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: Northstar Construction, LLC By: Signature: Title: Michael A. Heimlich, President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PARK IMPROVEMENTS AT: Revised February 24, 2020 100577, 102318, 102323 0041 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: PARK IMPROVEMENST AT: MARINE CREEK LAKE, VINEARDS, & KINGSRIDGE PARKS City Project No.: 100577, 102318, 102323 Units/Sections: UNIT 1 BASE BID ITEM - MARINE CREEK LAKE PARK UNIT 2 BASE BID ITEM - VINEYARDS AT HERITAGE PARK UNIT 3 BASE BID ITEM - KINGSRIDGE PARK UNIT 1 ALTERNATE BID ITEMS - MARINE CREEK LAKE PARK UNIT 2 ALTERNATE BID ITEMS - VINEYARDS AT HERITAGE PARK UNIT 3 ALTERNATE BID ITEMS - KINGSRIDGE PARK UNIT 4 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: Revised 9/30/2021 100577, 102318. 102323 00 41 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. 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 e. Installation of irrigation system / drinking fountain 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 210 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PARK IMPROVEMENTS AT: Revised 9/30/2021 100577, 102318, 102323 0041 00 BID FORM Page 3 of 3 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items Total Base Bid $1,586,179.00 Alternate Bid $904,175.00 Total Bid $2,490,354.00 7. Bid Submittal This Bid is submitted on September 26, 2024 by the entity named below. Respectfully submitted, By: mjf (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: mike(a)northstar93.com Phone: 817-244-8885 END OF SECTION Receipt is acknowledged of the Initial following Addenda: (Addendum No. 1: 09/17/2024 lAddendum No. 2: 09/23/2024 ?Vieft.,' Addendum No. 3: JAddendum No. 4: (Addendum No. 5: Corporate Seal: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PARK IMPROVEMENTS AT: Revised 9/30/2021 100577, 102318, 102323 00 42 43 BID PROPOSAL Pagel of5 SECTION 00 42 43 PROPOSALFORM Project Item Information Bidlist Item No I Description BASE BIDS UNIT 1 BASE BID ITEM - MARINE CREEK LAKE PARK 1-01 Project Sign 1-02 Park - Demo, Site Clearing, and Tree Removal (See Pages 4 thru 8 of 56). 1-03 West Trail - 5" Concrete Walk Entrance (See Pages 10 & 11 of 56). Bidder's Application Bidder's Proposal Spec. Section ( Unit of 1 Bid No Quantity Measure Unit Price Bid Value 01 5813 EA 21 $700.00 $1,400.00 02 41 13 LS 1 32 13 20 1 SF 5360 $37,000.00 $37,000.00 $8.00 $42,880.00 1-04 West Trail - ADA Pedestrian Entrance Ram See Page 10 of 56 . p( 9 ) ( 3213 20 Ls 1I $2,500.00 $2,500.00 1-05 East Trail - 5" Concrete Walk and Playground Entrance Pad (See Pages 13 & 32 13 20 SF 14 of 56). I I 113320I $8 00 $106,560.00 1-06 Playground - ADA Playground Ramp (See Pages 13 & 14 of 56). I 32 13 20 I EA I 1 $1,300.00 $1,300.00 1-07 Playground - 14" Concrete Containment Edge (Mow Strip) (See Pages 13, 32 13 13 LF 295 14, & 49 of 56). I I $44.00 $12,980.00 1-08 Playground - 36" Concrete Seatwall (See Pages 13,14,& 49 of 56). 3232 13 LF ( 1811 ( $151.001 $27,331.00 1-09 Playground - Purchase & Installation of Playground Equipment (See Page 51 11 6814 LS 1I of 56). I I I $183,500.00I $183,500.00 1-10 (Playground - Surfacing (Engineered Wood Fibar) (See Page 49 of 56). ( 11 69 15 ( SF I 55431 $3.001 $16,629.00 1-11 - Drainage System (Grading, Drainage Pipe, PVC Pipe, Rock & 11 6915 LS 1I (Playground Headwall)(See Pages 13, 14 & 49 of 56). I I I $3,800.00 $3,800.00 1-12 1 Park - Tree Protection (See Pages 4-8 of 57). 131 2500 LS 1 $6,250.00 $6,250.00 1-13 Park - Site Mass Grading (Playground, Concrete Walk, & Bench Areas) (See 31 2316 LS 1 Pages 15 thru 19 of 57). 31 2323 ( ( $130,000.00 $130,000.00 1-14 Park - Grass Establishment (Playground, Concrete Walk, & Bench 32 92 13 LS 1 Areas)(See Pages 15 thru 19 of 56). I ( I I $50,000.001 $50,000.00 1-15 Park - Installation & Removal of Site Erosion Control / Construction Entrance / 01 57 13 LS 1 Storm Water PP Plan (See Pages 4-8 of 57). $17,000.00 $17,000.00 UNIT 1 MARINE CREEK LAKE PARK PARK BASE BID TOTAL $639,130.00 UNIT 2 BASE BID ITEM - VINEYARDS AT HERITAGE PARK 2-01 Project Sign. 01 5813 EA 1 $700.00 $700.001 2-02 Park - Demo, Site Clearing, and Tree Removal (See Pages 24 & 27 of 57). 0241 13 LS 1 $23,000.00 $23,000.00I 2-03 Park - Site Erosion Control / Construction Entrance - Installation / Removal 31 2500 LS 1 (See Pages 24 thru 27 of 57). $25,500.00 $25,500.00 2-04 1 Park - Tree Protection (See Pages 24 thru 27 of 57). 31 2500 LS 1 $4,000.00 $4,000.00 2-05 Trail - 8' Concrete Trail (See Pages 29 thru 32 of 57). I 32 13 20 SF I 32200 $8.001 $257,600.00 2-06 Trail - 7' Concrete Trail (See Pages 29 of 57). I 32 13 20 SF I 370 $8.00 $2,960.00 I2-07 Trail - 4' Concrete Trail (See Pages 29 thru 32 of 57). � 32 1320 I SF ( 770 $9.00 $6,930.00 ( 2-08 (Trail - 6' ADA Pedestrian Entrance Ramp (See Page 29 of 57). 321320 I EA I 1 $2,450.00I $2,450.00I 2-09 Trail - 8' ADA Pedestrian Entrance Ramp (See Page 32 of 57). I 3213 20 EA 1 $2,000.001 $2,000.00I 2-10 I Park - Site Mass Grading (See Pages 33 thru 36 of 57). I 31 2316 Ls 1 $52 000.00 000.00 141 91 91 $52 2-11 I Park- Grass Establishment (See Pages 33 thru 36 of 57). 329213 Ls I 11 $39,600.00 $39,600.001 2-12 Park - Installation & Removal of Site Erosion Control / Construction Entrance / 01 57 13 LS 1 Storm Water PP Plan (See Pages XX of 57). $3,000.00 $3,000.00 UNIT 2 VINEYARDS AT HERITAGE PARK BASE BID TOTAL $419,740.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PARK IMPROVEMENTS AT Revised 9/30/2021 100577, 102318, 102323 00 42 43 BID PROPOSAL Page 2 of 5 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information ( Bidder's Proposal Bidlist Itern No Description Spec. Section No I Umtof Bid Unit Price Measure I Quantity Sid Value UNIT 3 BASE BID ITEM - KINGSRIDGE PARK 3-01 Project Sign. 01 5813 EA 1 $700.00 $700.001 3-02 Park - Demo, Site Clearing, and Tree Removal (See Pages 38 & 39 of 57). 0241 13 LS 1 $27 000.00 $27,000,001 3-03 Trail - 8' Concrete Walk (See Pages 13 & 14 of 57). ( 32 13 20 SF 211751 $8.001 $169,400.001 3-04 Trail - 6' Concrete Walk (See Pages 41 & 42 of 57). 32 13 20 SF 1,7801 $8.001 $14,240.001 3-05 Trail - ADA Pedestrian Entrance Ramp (See Page 41 of 57). 32 1320 EA 1 $1,300.00I $1,300.00I 3-06 Trail - Low Water Crossing (See Page 42 of 57). 321320 EA 11 $2,600.00 $2,600.00 1 3-07 Playground - 5" Concrete Walk and Playground Entrance Pad (See Pages 13 32 13 20 SF 6451 & 14 of 56). $8.00 $5.160.00 3-08 Playground - ADA Playground Ramp (See Page 41 of 57). 32 13 20 EA 1I ( $1,300.00 $1,300.00 3-09 Playground - 14" Concrete Containment Edge (Mow Strip)(See Page 41 of 3213 13 LF 2951 57). I $44.00 $12,980.00 3-10 Playground - Purchase & Installation of Playground Equipment (See Page 50 11 6814 LS 11 of 57). I $183,500.001 $183,500.001 3-11 Playground - Surfacing (Engineered Wood Fibar) (See Page 48 of 57). 11 6915 SF 5543 $3.00I $16,629.00 3-12 Playground - Drainage System (Grading, Drainage Pipe, PVC Pipe, Rock & 11 6915 LS 1 Headwall) (See Page 43 of 57). $7,350.00 $7,350.00 3-13 Park -Tree Protection (See Pages 43 & 44 of 57). 31 2500 LS 1 $850.00 $850.001 3-14 Park - Site Mass Grading (Playground, Concrete Walk, Picnic Areas, & Bench 31 23 16 LS 1 Areas - (See Pages 41 & 42 of 57). 31 2323 3291 19 $35,300.00 $35,300.00 3-15 Park - Grass Establishment (Playground, Concrete Walk, Picnic Areas, & 32 92 13 LS 1 Bench Areas (See Pages 41 & 42 of 57). $34,000.00 $34,000.00 3-16 Park - Installation & Removal of Site Erosion Control / Construction Entrance / 31 2500 LS 1 Storm Water PP Plan (See Pages 38 & 39 of 57). $15,000.00 $15,000.00 UNIT 3 KINGSRIDGE PARK BASE BID TOTAL $527,309.001 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PARK IMPROVEMENTS AT. Revised 9/30/2021 100577, 102318, 102323 00 42 43 BID PROPOSAL Page 3 of 5 SECTION 00 42 43 PROPOSALFORM IblIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Descrition Item No. p Spec, Section No I ( Unit of Measure Bid Unit Price I Quantity Bid Value ALT�RNATE BIDS UNIT 1 ALTERNATE BID ITEMS - MARINE CREEK LAKE PARK 1-01 Playground - 6' CFW Bench & Concrete Pad (See Pages 13 & 53 of 56). I 11 67 13 EA 2 $3,000.00 32 13 20 $6,000.00 1-02 Playground - Purchase & Installation of Solar Lighting (See Pages 13 & 53 of 03 30 00 EA 1 $31,500.00 56). 26 05 00 ( $31,500.00 1-03 Shelter - Purchase & Installation of Poligon Shelter (See Pages 13 & 52 of EA 11 $52,000.00 56). 1116713 ( $52,000.00 1-04 Shelter (To ude pad, column footing, - 975 SF OF Concrete Pad &3 32 13 13 Ls 11 $17,000.00 Ishelter footing and trail) (See Page & 52 of 56)Trail I 32 13 20 I I $17,000.001 1-05 IShelter& Installation One HC 8' Table & Two 6' Tables (See Pagel 11 67 13 LS 11 $6,300.00 56)Purchase I I $6,300.001 1-06 Shelter - Purchase & Installation of Solar Lighting (See Page 13 & 53 of 56). 1 0330 00 I EA I 1I $31,500.001 $31,500.001 1-07 Shelter - Site Mass Grading (See Pages 13 & 18 of 56). 31 23 16 ( LS I 1I $16,000.00 $16,000.001 1-08 Shelter - Grass Establishment (See Pages 21 of 56). 3292 13 LS ( 11 $6,200.001 $6,200.001 1-09 Park -Irrigation System (Including Line Tap, Meter, Controller, Backflow Ls 11 Device, Master Valve, Filter, Shut Off Valve, Mainline, and Pipe Sleeving) (See Pages 20-22 & 56 of 56). $45,000.00 $45,000.00 1-10 Drinking Fountain System (Purchase & Installation of Drinking Fountain, 32 13 13 LS 1 $12,700.00 Concrete Pad, Mainline, Pipe Sleeving, and Backflow Device) (See Pages 32 13 20 ( I 1 13. 21 & 50 of 56). $12,700.001 UNIT 1 ALTERNATE BID ITEM MARINE CREEK LAKE PARK TOTAL $224,200.001 UNIT 2 ALTERNATE BID ITEMS - VINEYARDS AT HERITAGE PARK 2-01 1 Fitness Station - Purchase & Installation Fitness Equipment (See Page 16 & LS 1 $41,000.00 124 of 27). $41,000.00 2-02 Fitness Station - 6' Concrete Walk (See Page 16 & 24 of 27). 321313 SF 147 $9.00 $1,323.00 2-03 ( Fitness Station - 14" Concrete Containment Edge (Mow Strip) (See Page 8 of 32 13 13 LF 133 $44.00 27)• I $5,852.00 2-04 ( Fitness Station - Drainage System (See Page 8 of 27). I LS I 1 $6,500.001 $6,500.00 2 05 n - Two 6' CFW Bench & 240 SF Concrete Pad (See Pages 29 11 67 13 LS 11 $6,500.007). Ithru 31 oft5ti I 321320 I I $6,500.00 2-06 Fitness Station - Purchase & Installation of Solar Lighting (See Page 16 & 24 30 00 LS 11 $31,500.00 103 of 27). 26 05 00 I I $31, 500.00 2-07 Fitness Station - Site Mass Grading (See Pages 36 of 57). 1 0330 00 I LS I 1I $4,000.001 $4,000.00 2-08 (Fitness Station - Grass Establishment (See Pages 36 of 57). I 03 30 0o I Ls I 11 $1,000.001 $1,000.00 UNIT 2 ALTERNATE BID ITEM VINEYARDS AT HERITAGE PARK TOTAL $97,675.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PARK IMPROVEMENTS AT, Revised 9/30/2021 100577, 102318, 102323 00 42 43 BID PROPOSAL Page 4 of 5 LIM Bidlist Item No. SECTION 00 42 43 PROPOSALFORM Project Item Information Description Bidder's Application IBidder's Proposal Spec. Section Unit o£ Bid No I Measure I Quantity I Unit Price I Bid Value UNIT 3 ALTERNATE BID ITEMS - KINGSRIDGE PARK 3-01 Playground - 6' CFW Bench & Concrete Pad (See Pages 41 thru 42 of 57). 11 6713 EA 2 $3,000.00 $6,000.00 3-02 Trail - 6' CFW Bench & Concrete Pad (See Pages 41 thru 42 of 57). '171 6'7'1n EA 5 $2,900.00 $14,500.00 3-03 Shelter - Purchase & Installation of Poligon Shelter (See Page 52 of 57). 11 6713 EA 1 $52,000.00 $52,000.00 3-04 1 Shelter - 1005 SF of 5" Concrete Walk and Shelter Pad (Includes Column 32 1320 Ls 1 $17,500.00 Footing) (See Pages 52 of 57). I 1 $17,500.00 1 3-05 & Installation One HC 8' Table & Two 6' Tables (See Pagel (52 11 67 13 LS 11 $6,300.00 olf 57)Purchase I ( $6,300.001 3-06 (Shelter - Purchase & Installation of Solar Lighting (See Page 41 & 53 of 57). 103 30 00 ( LS I 1I $31,500.00 $31,500.001 3-07 (Shelter - Site Mass Grading (See Page 43 of 57). 31 23 16 I Ls I 1I $1,000.001 $1,000.001 3-08 Shelter - Grass Establishment (See Page 43 of 57). 1 3292 13 I Ls 1I $1,000.001 $1,000.00 3 09 l BasketballCourt 45 SF of 5" Concrete Pad/Walk & Colum Footing (See 32 13 13 Ls 1l $26,000.001 & 57) l 32 13 20 l I $26,000.00 3-10 Court - Purchase & Installation of Basketball Goal & Stripping (Seel 11 67 13 EA 1l $6,000.001 (Page 8 &l26 of 03 30 1 $6,000.001 3-11 ( Basketball Court - Purchase & Installation of Solar Lighting (See Page 42 & Ls 1 $31,500.001 53 of 57). 1260500 l $31,500.00 3-12 Basketball Court - Site Mass Grading (See Page 44 of 57). ( 31 23 16 LS 1 $5,000.001 $5,000.001 3-13 Basketball Court - Grass Establishment (See Page 44 of 57). 3292 13 LS 1I $1,000.001 $1,000.001 3-14 (Baseball Field- Purchase & Installation of Backstop (See Page 42 of 57). ( 11 6„3 ) EA I 1 $4,000.001 $4,000.00 3-15 ( Baseball Field - Site Mass Grading (see Page 44 of 57). 31 23 16 LS 1) $30,000.001 $30,000,001 3-16 ne r, Backflow Device, Flow LS 11 $122,500.001 1 JTreesSensor &rTree B bbligation ee )(See Page 415 & 46 0 57) l $122,500.001 3-17 (Trees - Purchase & Planting of Trees (See Page 45 of 57). ( 32 93 43 I EA I 291 $1,500.001 $43,500.001 UNIT 3 ALTERNATE BID ITEM KINGSRIDGE PARK TOTALS $399,300.001 UNIT 4 ALTERNATE BID ITEMS - ALLOWANCE 1 4-01 Marine Creek Lake Park Allowance NA LS 1 $1,000.00 $1,000.001 4-02 Marine Creek Lake Park Allowance NA LS 1 $2,500.00 $2,500.00 4-03 Marine Creek Lake Park Allowance NA LS 1 $5,000.00 $5,000.00 4-04 Marine Creek Lake Park Allowance NA LS 1 $7,500.00 $7,500.00 4-05 Marine Creek Lake Park Allowance NA LS 1 $10,000.00 $10,000.00 4-06 Marine Creek Lake Park Allowance NA LS 1( $15,000.00 $15,000.00 l4-07 Marine Creek Lake Park Allowance NA LS 1 $20,000.00 $20,000.001 4-08 at Heritage Park Allowance NA LS I 1 1 $1,000.001 $1,000.00l JVinyards 4-09 Vinyards at Heritage Park Allowance I NA 1 LS 11 $2,500.001 $2,500.001 1 4-10 JVinyards at Heritage Park Allowance NA LS l 1 $5,000.00 $5,000.001 1 4-11 JVinyards at Heritage Park Allowance NA LS 1 l $7,500.001 $7,500.00 l4-12 JVinyards at Heritage Park Allowance , NA l LS 1 $10,000.001 $10,000.00 4-13 JVinyards at Heritage Park Allowance I NA I LS 1 $20,000.001 $20,000.00 4-14 Vinyards at Heritage Park Allowance I NA LS 1 $15,000.001 $15,000.00 4-15 lKingsridge Kingsridge Park Allowance I NA I LS 1 $1,000.001 $1,000.00 4-16 Park Allowance ( NA I LS l 11 $2,500.001 $2,500.001 4-17 Kingsridge Park Allowance ( NA LS 1 11 $5,000.001 $5.000.001 4-18 Kingsridge Park Allowance NA l LS 1( $7,500.001 $7,500.001 4-19 Kingsridge Park Allowance NA LS 1 1 $10,000.001 $10,000.00 4-20 Kingsridge Park Allowance ' NA I LS ( 1 $15,000.001 $15,000.001 4-21 Kingsridge Park Allowance NA I LS 1 1) $20,000.00 $20,000.00 UNIT 4 ALTERNATE BID ITEM ALLOWANCE TOTAL $183,000.001 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PARK IMPROVEMENTS AT Revised 9/30/2021 100577, 102318, 102323 00 42 43 BID PROPOSAL Page 5 of 5 SECTION 00 42 43 PROPOSALFORM i Bidder's Application Project Item Information Bidder's Proposal Description ion Bidlist I I Spec. Section I Unit of ( Bid Item No Unit Price Bid Value No Measure Quantity BID SUMMARY BASE BIDS (UNIT 1 BASE BID ITEM - MARINE CREEK LAKE PARK $639,130.00 UNIT 2 BASE BID ITEM - VINEYARDS AT HERITAGE PARK $419,740.00 UNIT 3 BASE BID ITEM - KINGSRIDGE PARK $527,309.00 BASE BIDS TOTAL $1,586,179.00 ALTERNATE BIDS UNIT 1 ALTERNATE BID ITEMS - MARINE CREEK LAKE PARK $224,200.00 UNIT 2 ALTERNATE BID ITEMS - VINEYARDS AT HERITAGE PARK $97,675.00 UNIT 3 ALTERNATE BID ITEMS - KINGSRIDGE PARK $399,300.00 UNIT 4 ALTERNATE BID ITEMS - ALLOWANCE $183,000.00 ALTERNATIVES TOTAL 1 $904,175.00 BASE + ALTERNATE BIDS UNIT 1 BASE + UNIT 1 ALTERNATE BID ITEMS - MARINE CREEK LAKE PARK $863,330.00 (UNIT 2 BASE + UNIT 1 ALTERNATE BID ITEMS -VINEYARDS AT HERITAGE PARK $517,415.00 UNIT 2 BASE + UNIT 1 ALTERNATE BID ITEMS - KINGSRIDGE PARK $926,609.00 UNIT 4 ALTERNATE BID ITEMS - ALLOWANCE $183,000.00 BASE + ALTERNATIVES TOTAL 1 $2,490,354.00 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS PARK IMPROVEMENTS AT. Revised 9/30/2021 100577, 102318. 102323 00 43 13 BID BOND Page 1 of 2 KNOW ALL BY THESE PRESENTS: That we, SECTION 00 43 13 BID BOND Northstar Construction, LLC , known as "Bidder" herein and Amerisure Mutual 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 IMPROVEMENTS AT: MARINE CREEK LAKE, VINEYARDS AT HERITAGE, & KINGSRIDGE PARKS 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 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 26th day of September , 2024. TEST - Witness as to hrincipa. 210M0 ' s Northstar Construction, LLC BY: zdttj a. , + Signature Michael A. Heimlich, President Name and Title CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 PARK IMPROVEMENTS AT: 100577, 102318, 102323 004313 BID BOND Page 2 of 2 Witness as to Surety Brandi Heath, Witness Attach Power of Attorney (Surety) for Attorney -in -Fact Address: 2112 Solona Street Fort Worth, Texas 76117 (817) 244-8885 SURETY: Amerisure Mutual Insurance Company BY: ' Signat re Tracy Tucker, Attorney -in -Fact Name and Title Address: 2821 W. 7th Street #500 Fort Worth, TX 76107 Telephone Number: 817/336-8520 *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 DOCUMENTS PARK IMPROVEMENTS AT: Revised 9/30/2021 100577, 102318, 102323 AMERISURE AMERISURE MUTUAL INSURANCE COMPANY %ASV RETY AMERISURE INSURANCE COMPANY AMERISURE PARTNERS INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company are corporations duty organized under the laws of the State of Michigan (herein collectively the "Companies"), and that the Companies do hereby make, constitute and appoint: TRACY TUCKER, STEVEN TUCKER, KEVIN J. DUNN, W. LAWRENCE BROWN BENNETT BROWN AND ROBERTA H. ERB of Tucker Agency, Ltd. , its true and lawful Attomey(s)-in Fact, each in their separate capacity if more than one is named above, to sign, execute seal and acknowledge, for and on its behalf and as its act and deed, bonds or others writings obligatory in the nature ofa bond on behalf of each ofsaid Companies, as surety, on contracts or suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of ONE HUNDRED MILLION ($100,000,000.00) DOLLARS This Power of Attorney is granted and signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company at meetings duly called and held on February 17, 2022. "RESOLVED, that any two of the President & Chief Executive Officer, the Chief Financial Officer & Treasurer, the Senior Vice President Surety, the Vice President Surety, or the General Counsel & Corporate Secretary be, and each or any of them hereby is authorized to execute, a Power of Attorney qualifying the attorney -in -fact named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that President & Chief Executive Officer, ChiefFinancial Officer & Treasurer or General Counsel & Corporate Secretary each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal ofthe Company; FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to anycertificate relating thereto electronically/digitally or by facsimile, and any such Power of Attorney or certificate bearing such electronic/digital or facsimile signatures or electronic/digital or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract ofsurety to which it is attached; FURTHER RESOLVED, that any work carried out by the attomev-in-fact mirsnant to this resolution shall be valid and binding upon the Company." LPL INSo, S�'Rq„ _ •`S.'1NSr!j',,. PD _,JV�.. R,gR7•` �;0° ••,FiF Rq C�<'s By: O '• TF.,C, I��?G Michael A. Ito, Senior Vice President Surety ,�•Q�.,F>,PO q '�' R '•. =4Q uo TF Fyc,=: e:�° 0, SEAL SEAL SEAL =N`•. 2000 id�`�,cHIGPa-Lam 1968 a By. �����CHIGPa`2 2000 a 'd•�C_'�,�; �C %h b i *. T,, Aaron Green, Vice President Surety ,� HIG �Yp .* IN WITNESS WHEREOF, Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 26th day of April 2023 Amerisure Mutual Insurance Company Amerisure Insurance Company Amerisure Partners Insurance Company State of Illinois County of Kane On this 26th day of April 20 23, before me, a Notary Public personally appeared Michael A. Ito, of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company and Aaron Green of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power ofAttomey as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. orFlausEAc `/t\ I • M KENNY NOTARY PUBLIC, STATE OFILLINOI$ M.Kenny, Notary Public MY COMMISSION EXPIHE5IR/06/1075 I, Christopher M. SDaude, the duly elected Chief Financial Officer & Treasurer of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company, do hereby certify and attest that the above and foregoing is a true and correct copy of a Power ofAttomey executed by said Companies, which remains in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 26th day of September 20 24 i�I �� / • �%fie JI✓"'— Christopher M. Spaude, Chief Financial Officer & Treasurer 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of 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. 0 Northstar Construction, LLC 2112 Solona Street Fort Worth, Texas 76117 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 9/30/2021 By: Michael A. Heimlich ffl;JJ 0, &tA,1AU (Signature) Title: President Date: �-�6 —1- PARK IMPROVEMENTS AT: 100577. 102318, 102323 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 RU 40 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. 100577. 102318, & 102323. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Northstar Construction, LLC Company 2112 Solona Street Address Fort Worth, Texas 76117 City/State/Zip THE STATE OF TEXAS § COUNTY OFTARRANT § By: Michael A. Heimlich (Please Print) Signature: W.� Q /� Title: President (Please Print) BEFORE ME the undersigned authority, on this day personally appeared Michael A. Heimlich , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Northstar Construction, LLC for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20th day of January 2025. SANDY 0. MARTINEZ ID #6930887 s 5 My Commission Expires 'qor October 06, 2026 rrrmrrrrm��r�rr�r�rr�r�r��m�m� 9CL-It� --- Notary PUb6 I and for flue State of�as iiJJ ,, J END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 PARK IMPROVEMENTS AT: 100577, 102318, 102323 00 45 40 - 1 Business Equity Goal Page 1 of 2 1 SECTION 00 45 40 2 Business Equity Goal 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is $100,000 or more, then a Business Equity goal is applicable. 6 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business Enterprises 7 (M/WBEs). 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business Equity 11 Firms when applicable, in the procurement of all goods and services. All requirements and regulations 12 stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing Ordinance No. 24534-11- 13 2020 (codified at: htt_Ds:Hcodelibrarv.amleizal.com/codes/ftworth/latest/ftworth_tx/0-0-0-22593) apply to 14 this bid. 15 16 BUSINESS EOUITY PROJECT GOAL 17 The City's Business Equity goal on this project is 8.88% of the total bid value of the contract (Base bid 18 Applies to Parks and Community Services). 19 20 METHODS TO COMPLY WITH THE GOAL 21 On City contracts where a Business Equity Goal is applied, offerors are required to comply with the City's 22 Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise comply with the 23 ordinance through one of the following methods: 1. Commercially useful services performed by a 24 Business Equity prime contractor, 2. Business Equity subcontracting participation, 3. Combination 25 of Business Equity prime services and Business Equity subcontracting participation, 4. Business 26 Equity Joint Venture/Mentor-Protege participation, 5. Good Faith Effort documentation, or 6. Prime 27 contractor Waiver documentation. 28 29 SUBMITTAL OF REQUIRED DOCUMENTATION 30 Applicable documents (listed below) must be submitted electronically with the other required bidding 31 documents at the time of the bid under the respective Project via the Procurement Portal: 32 httl)s://fortworthtexas.bonfirehub.com/l)ortal/?tab=ol)en0l)l)ortunities 33 OR received no later than 2:00 p.m., on the hir City business day after the bid opening date, 34 exclusive of the bid opening date with the respective Project via the Procurement Portal by 35 responding to the message sent within Bonfire to all the bidders. It is highly encouraged that bidders 36 submit required documentation at the time of bid submission. 37 38 The Offeror must submit one or more of the following documents: 39 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 40 2. Letter of Intent, for all M/WBE Subcontractors; 41 3. Good Faith Effort Form and Utilization Form, including supporting documentation, if 42 participation is less than stated goal, or no Business Equity participation is accomplished; 43 4. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will perform 44 all subcontracting/supplier opportunities; or 45 5. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture orMentor- 46 Prot6g6 participation. 47 48 These forms can be accessed at: 49 Business Equity Utilization Form and Letter of Intent CITY OF FORT WORTH PARK IMPROVEMENTS A T.- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100577, 102318, 102323 Revised June 7, 2024 00 45 40 - 2 Business Equity Goal Page 2 of 2 httDs://apes.fortworthtexas.2ov/Pro_iectResources/ResourcesP/60 - MWBE/Business EquityUtilization Form DVIN 2022 220324.Ddf 4 Letter of Intent 5 httl)s://aDDs.fortworthtexas.Rov/Pro_iectResources/ResourcesP/60 - MWBE/Letter of Intent DVIN 6 2021.Ddf 7 8 Business Equity Good Faith Effort Form 9 httDs://aDDs.fortworthtexas.Rov/ProiectResources/ResourcesP/60 - MWBE/Good Faith Effort 10 Form DVIN 2022.Bdf 11 12 Business Equity Prime Contractor Waiver Form 13 httDs://aDDs.fortworthtexas.Rov/ProiectResources/ResourcesP/60 - MWBE/MWBE Prime Contractor 14 Waiver-220313.Bdf 15 16 Business Equity Joint Venture Form 17 httDs://aDDs.fortworthtexas.aov/Pro_iectResources/ResourcesP/60 - MWBE/MWBE Joint 18 Venture 220225.Bdf 19 20 21 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL 22 RESULT IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID 23 REJECTED. 24 25 26 FAILURE TO SUBMIT THE REOUIRED BUSINESS EOUITY DOCUMENTATION OR OTHERWISE 27 COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON- 28 RESPONSIVE, THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS 29 AS DESCRIBED IN SEC. 20-373 OF THE ORDINANCE. 30 31 For Questions, Please Contact the Business Equity Division of the Access and Opportunity Services 32 Department at (817) 392-2674. 33 END OF SECTION 34 CITY OF FORT WORTH PARK IMPROVEMENTS A T.- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100577, 102318, 102323 Revised June 7, 2024 00 52 43 - l Agreement Page I of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on January 14, 2025, 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 MARINE CREEK LAKE, VINEYARDS, & KINGSRIDGE PARKS Citv Project No. 100577, 102318. & 102323. 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 Seven Hundred Seventv-Six Thousand, One Hundred Seventv-Nine Dollars ($1.776.179.00). 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 210 Calendar days <Two Hundred and Ten 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 <Seven Hundred and Seventy Five> Dollars ($775) 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 100577, 102318, 102323 Revised December 8, 2023 005243-2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.T he 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 Certification Form (ACORD or equivalent) 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. 9. 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 s ecifical y intended tooperate and be effective even if it is alleged or nroven that all or some of the damages being sought were caused. in whole or in part, by anv 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 PARE: IMPROVEMENTS AK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100577, 102318, 102323 Revised December 8, 2023 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to onerate 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 ap rt• by any act. omission or negligence of the city, Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other 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 1MPROVEMEN7S AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100577, 102318, 102323 Revised December 8, 2023 005243-4 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 2276 of the Texas Government Code, 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 2276 of the Texas Government Code. To the extent that Chapter 2276 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, 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. 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 IMPROVEMENTSAT.- STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100577, 102318, 102323 Revised December 8, 2023 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 (1-9). Upon request by City, Contractor shall provide City with copies of all 1-9 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 AK STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100577, 102318, 102323 Revised December 8, 2023 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: Northstar Construction, LLC City of Fort Worth By: rBy: Signature Jesica McEachern Assistant City Manager Michael A. Heimlich Feb 6, 2025 (Printed Name) F Foer°�a� °°°kop°c President Date p�°°°° �o Title Attest: PVo °=A *, 2112 Solona Street ' Z TEXASo416011- �bnaao Rp 77— Address Jannette Goodall, City Secretary Fort Worth, Texas 76117 City/State/Zip (Seal) 01 /20/2025 M&C: 25-0006 Date Date: January 14, 2025 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. Oliver Penny (Jan 27, 20 17:10 CST) Oliver Penny Landscape Architect Approved as to Form and Legality: Douglas Black (Feb 1202514,29 CST) Douglas W. Black Sr. Assistant City Attorney APPROVAL RECOMMENDED: 71� �Giw� — - jy Richard Zavala, Director Park & Recreation Department SP SP OFFICIAL RECORD CITY OF FORT WORTH CITY SECRETARY PARK IMPROVEMENTS AT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100577, 102318, 102323 Revised December 8, 2023 FT. WORTH, TX 006113-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND Bond #8054225 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 9 "Principal' herein and Amerisure Mutual Insurance Company a corporate 10 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 13 sum One Million Seven Hundred Seventv-Six Thousand One Hundred Seventv-Nine Dollars 14 ($ 1.776.179.00 ). lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, 16 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 14th day of January . 20 25 , which Contract is hereby referred to and made a part 20 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other 21 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 22 provided for in said Contract designated as PARK IMPROVEMENTS AT MARINE CREEK LAKE, 23 VINEYARDS, & KINGSRIDGE PARKS, Citv Proiect No. 100577. 102318. & 102323. 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 faithfully 26 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 full 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 IMPROVEMENTSAT: STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 100577, 102318, 102323 Revised December 8, 2023 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 0061 13-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 16th day of January , 20 25 . ATTEST: (Principal) Secretary Witness as 9rinlQpal Auz " Witness as to Surety PRINCIPAL: Northstar Construction. LLC BY: Signature Michael A. Heimlich, President Name and Title Address: 2112 Solona Street Fort Worth, Texas 76117 SURETY: Amerisure Mutual Insurance Companv B Signat re Tracy Tucker, Attorney -in -Fact Name and Title Address: 2821 W 7th St #500 Ft Worth, TX 76107 Telephone Number: 817/336-8520 Email Address: racy@tuckeragency.com *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 December 8, 2023 PARK IMPROVEMENTS AT: 100577, 102318, 102323 1 2 3 4 THE STATE OF TEXAS 5 6 COUNTY OF TARRANT 7 0061 14 - 1 PAYMENTBOND Page 1 of 2 SECTION 00 6114 Bond #8054225 PAYMENT BOND § KNOW ALL BY THESE PRESENTS: 8 That we, Northstar Construction, LLC known as 9 "Principal" herein, and Amerisure Mutual Insurance Company . a 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" 11 herein (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 penal 13 sum of One Million Seven Hundred Seventv-Six Thousand One Hundred Seventy -Nine Dollars 14 ($ 1.776.179.00 ). lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 16 our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these 17 presents: 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 19 14th day of January . 20 25 , which Contract is hereby referred to and made 20 a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor 21 and other accessories as defined by law, in the prosecution of the Work as provided for in said 22 Contract and designated as PARK IMPROVEMENTS AT MARINE CREEK LAKE. VINEYARDS. 23 & KINGSRIDGE PARKS, Citv Proiect No. 100577. 102318, & 102323.. 24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 27 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 28 force and effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 31 accordance with the provisions of said statute. 32 CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 8, 2023 0061 14-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 16th day of 3 January ,20 25 4 5 6 7 8 9 10 I1 12 PRINCIPAL: Northstar Construction, LLC ATTEST: BY: Signature (Principal) Secretary Witness as�tPrin�cial ATTEST: (Surety) Secretary Witness as to Surety Michael A. Heimlich, President Name and Title Address: 2112 Solona Street Fort Worth. Texas 76117 SURETY: Amerisure Mutual Insurance Company BY: Ignaturel Tracy Tucker, Attorney -in -Fact Name and Title Address: 2821 W 7th St #500 Ft Worth, TX 76107 Telephone Number: 817/336-8520 Email Address: tracvntuckeragency.com 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 [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 8, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 26 27 28 29 30 31 32 0061 19 - 1 MAINTENANCE BOND Page 1 of 3 SECTION 00 6119 Bond #8054225 MAINTENANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we Northstar Construction, LLC known as "Principal" herein and Amerisure Mutual Insurance Company a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum of One Million Seven Hundred Seventv-Six Thousand One Hundred Seventv-Nine Dollars ($ 1,776,179.00 , lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 14th day of January , 20 25 , which Contract is hereby referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined by law, in the prosecution of the Work, including any Work resulting from a duly authorized Change Order (collectively herein, the "Work") as provided for in said contract and designated as PARK IMPROVEMENTS AT MARINE CREEK LAKE. VINEYARDS, & KINGSRIDGE PARKS, City Proiect No. 1005 77.102318, & 102323-.and WHEREAS, Principal binds itself to use such materials and to so construct the Work in accordance with the plans, specifications and Contract Documents that the Work is and will remain free from defects in materials or workmanship for and during the period of two (2) years after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon receiving notice from the City of the need therefor at any time within the Maintenance Period. CITY OF FORT WORTH [Insert Project Name] STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS [Insert Project Number] Revised December 8, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 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 December 8, 2023 [Insert Project Name] [Insert Project Number] 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 16th day of January 3 , 20 25 4 5 6 7 8 9 10 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 ATTEST: (Principal) Secretary Witness as t incip( ATTEST: PRINCIPAL: Northstar Construction, LLC BY: G''� 1.�� �` �1/v�N•tG� Signature Michael A. Heimlich, President Name and Title Address: 2112 Solona Street Fort Worth. Texas 76117 SURETY: Amerisure Mutual Insurance Company BY. Signature Tracy Tucker, Attorney -in -Fact Name and Title Address: 2821 W 7th St #500 (Suret ) Secretary Ft Worth, TX 76107 Witness as to Surety Telephone Number: 817/336-8520 Email Address: tracy@tuckeragency.com *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 December 8, 2023 [Insert Project Name] [Insert Project Number] AMERISURE AMERISURE MUTUAL INSURANCE COMPANY SURETY AMERISURE INSURANCE COMPANY AMERISURE PARTNERS INSURANCE COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company are corporations duly organized under the laws of the State of Michigan (herein collectively the "Companies"), and that the Companies do hereby make, constitute and appoint: TRACY TUCKER, STEVEN TUCKER, KEVIN J. DUNN, W. LAWRENCE BROWN DOUGLASS A. REED, BENNETT BROWN AND ROBERTA H. ERB of Tucker Agency, Ltd. , its true and lawful Attomey(s)-in Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge, for and on its behalf and as its act and deed, bonds or others writings obligatory in the nature of bond on behalf of each of said Companies, as surety, on contracts or suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: ONE HUNDRED MILLION ($100,000,000,00) DOLLARS This Power of Attorney is granted and signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company at meetings duly called and held on February 17, 2021 "RESOLVED, that any two of the President & Chief Executive Officer, the Chief Financial Officer & Treasurer, the Senior Vice President Surety, the Vice President Surety, or the General Counsel & Corporate Secretary be, and each or any of them hereby is authorized to execute, a Power of Attorney qualifying the attomey-in-fact named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that President & Chief Executive Officer, Chief Financial Officer & Treasurer or General Counsel & Corporate Secretary each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attomey or to anycertificate relating thereto electronically/digitally or by facsimile, and any such Power of Attorney or certificate bearing such electronic/digital or facsimile signatures or electronic/digital or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached; FURTHER RESOLVED, that any work carried out by the attomev-inin�lant to this resolution shall be valid and binding upon the Company." LI a",,pminm , " IP IN$U rSURq �'', r" r�RS INS",,. J�JµPOR '9q' f° ?•''...... C 1'i By: _ Q��(LPOIi•.0 o F•,c, : o m•Michael A. Ito, Senior Vice President Surety a; V F•,�, SEAL 0 €�' SEAL a ice: SEAL SU 2000 `d'•. 1968 .. �. By: ti •. �cyi�aa Aaron Green, Vice President Surety •Illyllll III.. .. ` 11 Illl""" 11 II IIIIIIII II IIIIII" IN WITNESS WHEREOF, Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 26th day of April 20 23 Amerisure Mutual Insurance Company Amerisure Insurance Company Amerisure Partners Insurance Company State of Illinois County of Kane On this 26th day of April 120 23, before me, a Notary Public personally appeared Michael A. Ito, of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company and Aaron Green of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. orncvu.aFx. 14y-). V-"-- LmyO AW FuerA MM of al: M.Kenny, Notary Public OMMtNMOM 1W01l2006 I, Christopher M. S_Daude, the duly elected Chief Financial Officer & Treasurer of Amerisure Mutual Insurance Company, Amerisure Insurance Company and Amerisure Partners Insurance Company, do hereby certify and attest that the above and foregoing is a true and correct copy of a Power of Attomev executed by said Companies, which remains in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 166ttfh day of January 2025 Christopher M. Spaude, Chief Financial Officer & Treasurer AMERISURE *" SURETY Texas Important Notice IMPORTANT NOTICE To obtain information or make a complaint: You may call Amerisure Surety's toll -free telephone number for information or to make a complaint at: 1-800-257-1900 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights, or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 12030 Austin, TX 78711-2030 Fax: (512) 490-1007 Web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the company first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Amerisure Mutual Insurance Company Amerisure Insurance Company Amerisure Partners Insurance Company P.O. Box 9098 Farmington Hills, MI 48333-9098 AVISO IMPORTANTE Para obtener infonnaci6n o para presentar una queja: Usted puede Ilamar at numero de telefono gratuito de Amerisure Surety's para obtener informacion o para presentar una queja at: 1-800-257-1900 Usted puede comunicarse con el Departamento de Se-guros de Texas para obtener informacion sobre com-paiiias, coberturas, derechos, o quejas at: 1-800-252-3439 Usted puede escribir at Departamento de Seguros de Texas a: P.O. Box 12030 Austin, TX 78711-2030 Fax: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con una reclamaci6n, usted debe comunicarse con la compania primero. Si la disputa no es resuelta, usted puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para prop6sitos informativos y no se con-vierte en parte o en condici6n del documento adjunto.