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HomeMy WebLinkAboutContract 63488CSC No. 63488 FORTWORTH. CONTRACT FOR THE CONSTRUCTION OF SH 121 Public Art and Landscaping City Project No. C01639 Mattie Parker Mayor Jesus "Jay" Chapa City Manager Lauren Prieur Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department 2024 Baird, Hampton & Brown 6300 Ridglea Place, Suite 700 Fort Worth, Texas 76116 817-338-1277 Trace Strevey, P.E. (TBPLS#10011300) OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 07/19/2024 FORTWORTH. "I'll City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Pagel of2 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 07/01/2011 0005 15 Addenda 07/01/2011 0011 13 Invitation to Bidders 02/08/2024 0021 13 90 32 1 Instructions to Bidders 01/17/2024 n�i�1-8 0035 13 Conflict of Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/2021 00 42 43 Proposal Form Unit Price 01/20/2012 0043 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 09/30/2021 00 4511 aiddzyo 084 3,42011 00-45t-2 nfeElffal fi6H 0 &...,, ffle n:7in�1,42011 00-451-3 Bidde,. Pf:e .iial fieatiei Arr,ieetie ono ^�°/2020 00 45 26 Contractor Compliance with Workers' Compensation Law 07/01/2011 00 52 43 Agreement 03/08/2024 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 00-6119 Mamie ee I 4-2/08QO23 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 3120 Project Meetings 07/01/2011 01 3216 Construction Progress Schedule 10/06/2023 01 3233 Preconstruction Video 07/01/2011 01 3300 Submittals 12/20/2012 01 35 13 Special Project Procedures 03/11/2022 01 45 23 Testing and Inspection Services 07/01/2011 01 5000 Temporary Facilities and Controls 03/22/2021 01 5526 Street Use Permit and Modifications to Traffic Control 07/01/2011 01 57 13 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 03/09/2020 01 60 00 Product Requirements 07/01/2011 01 66 00 Product Storage and Handling Requirements 11/22/2016 01 7123 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 0177 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 SH 121 Public Art and Landscaping SAP A- CONSTRUCTION SPECIFICATION DOCUMENTS C01639 Revised Jenne r20.4 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 2 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents NONE Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's website at: NONE TxDOT Requirements 1. Buy America 2. Child Support Statement (Family Code §231.006) 3. State of Texas Child Support Business Ownership Form* 4. OSHA Implementation 5. Disclosure of Lobbying Activities* 6. Non -Collusion Affidavit and Debarment Certification* 7. Certificate of Insurance 8. Certification of Interest 9. Contractor's Assurance 10. Seals Page 11. Prevailing Minimum Wage — Davis Bacon 12. Prison Produced Materials 13. Differing Site Conditions 14. General Notes 15. TxDOT Specifications, Special Provisions, and Special Specifications List *Required to be submitted with bid to be deemed a responsive bid. If these items are not submitted with the bid package, the bids will not be read publicly. Appendix NONE END OF SECTION CITY OF FORT WORTH SH 121 Public Art and Landscaping APB CONSTRUCTION SPECIFICATION DOCUMENTS C01639 Revs ed- r-ne 7,2024 City of Fort Worth, Texas Mayor and Council Communication DATE: 04/22/25 M&C FILE NUMBER: M&C 25-0376 LOG NAME: 20SH 121 PUBLIC ART & LANDSCAPING PROJECT SUBJECT (CD 11) Authorize Execution of a Contract with C. Green Scaping, LP, in the Amount of $571,578.40, for Construction of the Fort Worth Public Art State Highway 121 Project, Adopt Appropriation Ordinance, 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 C. Green Scaping, LP, in the amount of $571,578.40, for construction of the Fort Worth Public Art State Highway 121 project (City Project No. C01639); 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Specially Funded Projects Fund, by increasing estimated receipts and appropriations in the Fort Worth Public Art State Highway 121 project (City Project No. C01639) in the amount of $310,621.10 and decreasing estimated receipts and appropriations in the Fort Worth Public Art - Iconic Downtown project (City Project No. 102675) by the same amount; and 3. Amend the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: This Mayor and Council Communication (M&C) authorizes execution of a contract with C. Green Scaping, LP, in the amount of $571,578.40, for construction of the Fort Worth Public Art State Highway 121 project. The project's scope of work consists of installing large monument letters spelling the words "Fort Worth" on State Highway 121, from Maxine Street to Beach Street, for eastbound drivers. The letters will include a mixture of native flowers, lighting, and grass landscaping. The previous budget allocation for the project was $492,198.44. Due to inflation and increases in the construction market, the project has experienced funding shortfalls. This M&C will appropriate an additional $310,621.10 to cover the shortfall. In addition to the contract amount, the additional funds are required for project management, construction phase services and a new design contract for the consultant. The project was advertised for bid on July 25, 2024, and August 1, 2024, in the Fort Worth Star -Telegram. On August 22, 2024, the following bids were received: Bidder I Base Bid Alternate Bid I Total Bid IC. Green Scaping, LP $571,578.40 $146,224.00 $717,802.40I (Fort Worth Civil Constructors, LLC $734,158.85 $115,520.00 $849,678.85I Due to the state funding received for this project, vendors were required to be pre -qualified by the Texas Department of Transportation (TXDOT) in order to be awarded the bid. Fort Worth Civil Constructors' bid was deemed non -responsive as they were not pre -qualified for this scope of work and had incomplete forms. On November 18, 2024, TXDOT provided concurrence of the bid award for the apparent low bidder, C. Green Scaping, LP, for the base bid in the amount of $571,578.40. Construction for this project is expected to start in April 2025 and be completed by February 2026. Funding is budgeted in the Specially Funded Projects and Grants Capital Project State Funds for the TPW Department for the purpose of funding the FWPA SH 121 (Former 1-30) Art project. The following table demonstrates the total budget for the project: Fund I Existing Funding I Additional Funding Project Total I30100 - General Capital Projects $224,441.96 $0.00 $224,441.96 I31002 - Grants Capital Project State $265,000.00 $0.00 $265,000.00 I39007 - Specially Funded Projects $205,194.00 $310,621.10 $515,815.10 Project Total $694,635.96 $310,621.10 $1,005,257.06 TxDOT set a goal of 0% SBE, therefore the City will not override a federal or state goal except where the City is mandated to set goals by state or federal requirements. This project is located in COUNCIL DISTRICT 11. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the FWPA - Iconic Downtown project within the Specially Funded Projects Fund and in the FWPA SH121 (Former 1-30) Art project within the Grants Capital Project State Fund and upon approval of the above recommendations and adoption of the appropriation ordinance, funds will be available in the Specially Funded Projects and Grants Capital Project State Funds for the FWPA SH121 (Former 1-30) Art project to support the above recommendations and award of the agreement. Prior to an expenditure being incurred, the Transportation and Public Works Department has the responsibility of verifying the availability of funds. Submitted for Citv Manaaer's Office bv: Jesica McEachern 5804 Oriainatina Business Unit Head: Lauren Prieur 6035 Additional Information Contact: Monty Hall 8662 CITY OF FORT WORTH Transporto on and Public Works SH 121 Public Art and Landscaping City Project No. C01 NO CSJ: 0363-03-M Stab Project No.; C 363-3-M ADDENDUM NO.1 ADDENDUM RELEASE DATE: August 16th, 2024 BID RECEIPT DATE: AUGUST 22nd, 2024 INFORMATION TO BIDDERS: This Addendum forms part of the -Plans, Contract Documents. & - Speci5c4dons _ for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shel aclmawledge receipt of this addendum In the space provided below, and in the proposal (SECTION 00 41 40). Failure to acknowledge recut of this addendum could subject the bidder to disquallflcatlon. The plans and specIfication documents for SH 121 Public Art and Landscaping, City Project No. C01B39 are hereby revised by Addendum No. 1 as follows: 1. Online question submission was available via bonfire through August 191' at 2:00 PM. A summary of questions is provided below. * Question 1: What is the proposed budget for this project? • Response 1: Transporbdlon and Public Works does not have a proposed project budget that they will be providing at this time. • Question 2: Will one or multiple vendors be awarded thls project? • Response 2: Only one proposer will be sanded this project • OLuMDn 3: Can you bid on certain portions of the project, for example, bid only the art letters? • Response 3: No, bids must be for the entire projeet CR1roFFORT W0XM Sri 121 P[MEiCl1RTANDLANDSCAPlIVCi STANDARD CMWrwjcn 1RECU CATJMDocumH 18 CFNCO109 Rr4md&yhmibx14,9M2 2. Modifications to plans and oonbact documents: ■ None This Addendum No. 1 forma part of the S. ;,%: , ns S Cordrad Documents for the above rekwenced project and modifies the original Project Manual & Contract Documents of dw same. A signed copy of Addendum No. 1 should be Included In the sealed bid at the time of laid submittal. Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered 'NONRESPONSIVE,' resulting in disqualification. Addendum No. 1 RECEIPT ACKNOWLEDGEMENT Company: C. Groan Scaping, LP Address:2401 Handley Ederville Rd may. Ft. Worth Stffb& Texas Cm OF FORI VICWH STANDAM OCR$ MI C" S MC RWATM DOCUMMM ReWaa SgYAMOW 146 sou By, ram" Fanth Kaba, P.E., PTOE Project Manager, TPW Ski 12I FE ME ARTAND LANEWCAPM MON" CITY OF FORT WORTH Transpartation and Public Works SH 121 Public Art and Landscaping CRY Protect No. C01639 State Project No.: C M-3416 ADDENDUM NO.2 ADDENDUM RELEASE DATE: August 16th, 2024 BID RECEIPT DATE: AUGUST 22nd, 2024 INFORMATION TO BIDDERS. This Addendum forms part of the Plans, Contract Documents & Speoificabons for the above referenced Project and modifies the original Specifications and Contract Documents. Bidder shall acknowledge receipt of this addendum in the space provided below, and in the proposal (SECTION 00 41 00). Failure to acknowledge receipt of this addendum could subject the bidder to disqualification. The plans and specification documents for SH 121 Public Art and Landscaping, Cky Project No. CO1630 are hereby revised by Addendum No. 2 as follows: 1. Online question submission was available via bonfire through August 191h at 2_00 Phil. A summary of questions is provided below: • Question 1: What is the proposed start date for the project? • Response 1: Project Start date will be approximately 3-6 months after bid opening. • Question 2: if Electrical is in this project scope, please provide bid iterns and quardirlies. • Response 2: Electrical is included in the project scope to provide lighting for the Public Art. That electrical scope should be included as part of the bid item for the public art, SS 7357 Public Art (Letters). Please Reference sheets 40 through 52 of the Plans and SS 7357 on pages 319 through 321 of the Project manual fore more information regarding electrical scope. • Question 3: Where is the referenced list of qualified steel manufacturers? Response 3: Please refer to S5 7357 of the project manual, page 319. MT OF PORT WORTH SH 121 FUEL iC ATaANDLAN 8CAF iQ STAWDMO CONSTRUCTIM SP3C=AT1W DOC NSM CPNCa1634 Rsrind Sq*mbw 14, = 2. Modifications to plans and contract documents: None This Addendum No. 2 fbrms part of the Specifications & Contract Documents for the above referenced project and modifies the original Project Manual & Contract Documents of the same. A signed copy of Addendum No. 2 should be included in the sealed bid at the time of bid submittal. Failure to acknowrletlge the receipt of Addendum No. 2 could cause the subject bidder to be considered 'NONRESPONSIVE,' resulting in disqualification. Addendum No. 2 RECEIPT ACKNOWLEDGEMENT: Slr— CompsnyC. Green Scaping, LP Address:2401 Handlev Edecville Rd city Ft Worth gam: Texas CITYCF PMT OV wnJ $PAN MRD CON3TMJC.'TM 9PBGBWATM DOCUMEM BffdNd 8epambar I4,= By: irdw Fants Kaba, P.E., PTOE Project Manager, TP'W 5H 121 PLMU CAICC'AHI]LANESCAPM UN COI6" 00 11 13 INVITATION TO BIDDERS Page 1 of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of SH 121 Public Art and Landscaping, C01639 ("Project") will be received by the City of Fort Worth via the Procurement Portal httDs:Hfortworthtexas.bonfirehub.com/portal/?tab=oi)enOpportunities, under the respective Project until 2:00 P.M. CST, Thursday, August 22, 2024. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST at Fort Worth City Hall, 100 Fort Worth Trail, Fort Worth, Texas, 71h Floor, Room 745. 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:Hfortworthtexas.bonfirehub. com/Dortal/?tab=ODenODDortunities 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 SH 121 Public Art and Landscaping APB CONSTRUCTION SPECIFICATION DOCUMENT C01639 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: public art fabrication and installation, steel support, reinforced concrete foundations, landscaping, and concrete installation. PREQUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is pre -qualified by the City at the time of bid opening. The procedures for qualification and pre -qualification are outlined in the Section 3 of 00 21 13 — INSTRUCTIONS TO BIDDERS. DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained via the Procurement Portal httDs:Hfortworthtexas.bonfirehub.com/Dortal/?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 httDs:Hfortworthtexas.bonfirehub.com/portal/?tab=oDenODDortunities. under the respective Proj ect. 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: August 12, 2024 TIME: 9:00 AM CST 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 reserves the right to waive irregularities and to accept or reject any or all bids. AWARD CITY OF FORT WORTH SH 121 Public Art and Landscaping APB CONSTRUCTION SPECIFICATION DOCUMENT C01639 00 11 13 INVITATION TO BIDDERS Page 3 of 3 City will award a contract to the Bidder presenting the lowest responsive bid by a responsible bidder. FUNDING Any Contract awarded under this INVITATION TO BIDDERS is expected to be funded from revenues generated from the City and reserved by the City for the Project. ADVERTISEMENT DATES Thursday, July 25, 2024 Thursday, August 1, 2024 END OF SECTION CITY OF FORT WORTH SH 121 Public Art and Landscaping APB CONSTRUCTION SPECIFICATION DOCUMENT C01639 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. Prequalification of Bidders (Prime Contractors and Subcontractors) 3.1. o 1!-j yw2qaalif e f f the . , t�pesregi1ii:g TT. F�A%3 on Seetien 00 15 13 Fly e0endar days p'°t , if , aeeepta-nee. The pre"alifieHt}or nvij-�--.43iddoon ar fi,Ao :I»IaVo by aeeessing all CITY OF FORT WORTH SH 121 Public Art and Landscaping Q T-A 4pA�B CONSTRUCTION SPECIFICATION DOCUMENT C01639 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 3.1.1. . 0 0 0 0 of 2OCeit,-,.,.t,.f-1, 2OPfe,.,,..l fief ti,.,.oi 2OPf .,-,-..., mREC 1TA JF1 A T-10Noi 0R-E0 3.1.2. . 0 0 0 0 ..oi20aiioi2OPeaest,•;,,..oi20L',[-:11t2r..oi2OPfe,.,,,t;fieatiaii3O 2OPfE),.,.am/ETI,TT%,' 20 1GHT07i 20PRE0r T A r of env TTE.-Gdf 3.1.3. W3 fi�rt, .. ._ .. RIM U 3.2. Eaeh Biddef, tiftless etwfenfly pfeEtualified, ffitist stibmit to City at least seven (7) ealendar days pk, :/.13'utz.antat o i,]e,.tif;e,l i Seetio 00 nc 11, BUK)ERE NREQUALIFICATIONS. 3.2. the G4y eentaet as d ir. Ba qg , . 64—.. 3.3. The Git-y fesef-ves the fight to feEtttife any Pfe qualified 3t.tlwo o, v;he is the appafent • r Mma�ivr. as the City, in its sole and-.t. snt r to assist the Qty it 3valuativ,--ac-.d assessing the ability of tht aWwor.t law biddefte dehw,r a 4ixlit i-af3mmati.cxi, a r. notified in vffiting of a feeemmendE�tipn to the City 3.4. , withinvar-iotise„tiefts of the Gent-f et il,.,,,,ments 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4.1. Before submitting a Bid, each Bidder: CITY OF FORT WORTH SH 121 Public Art and Landscaping Q T-A 4pA�B CONSTRUCTION SPECIFICATION DOCUMENT C01639 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 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. Omitted. 4.1.5. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.6. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will furnish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.7. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.8. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. CITY OF FORT WORTH SH 121 Public Art and Landscaping Q T_A 4pA�B CONSTRUCTION SPECIFICATION DOCUMENT C01639 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.1.9. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.1.10. 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. 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. CITY OF FORT WORTH SH 121 Public Art and Landscaping Q T-A 4pA�B CONSTRUCTION SPECIFICATION DOCUMENT C01639 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 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 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 httr)s:Hfortworthtexas.bonfirehub. com/aortal/?tab=oDenODDortunities 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 CITY OF FORT WORTH SH 121 Public Art and Landscaping Q T-A 4pA�B CONSTRUCTION SPECIFICATION DOCUMENT C01639 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 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. 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: httDs://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. CITY OF FORT WORTH SH 121 Public Art and Landscaping Q T_A 4pA�B CONSTRUCTION SPECIFICATION DOCUMENT C01639 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.2. All blanks on the Bid Form must be completed and the Bid Form signed 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. 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 httDs:Hfortworthtexas.bonfirehub. com/i)ortal/?tab=oDen0naortunities. CITY OF FORT WORTH SH 121 Public Art and Landscaping Q T_A 4pA�B CONSTRUCTION SPECIFICATION DOCUMENT C01639 0021 13 INSTRUCTIONS TO BIDDERS Page 8 of 9 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. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders. 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. 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. 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. CITY OF FORT WORTH SH 121 Public Art and Landscaping APB CONSTRUCTION SPECIFICATION DOCUMENT C01639 R%!is Ill'JA a . awn v2 n 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 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 httvs://www.ethics.state.tx.us/data/forms/1295/1295.lDdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement 18.1. When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Project Manual. Within 14 days thereafter, Contractor shall sign and deliver the required number of counterparts of the Project Manual to City with the required Bonds, Certificates of Insurance, and all other required documentation. 18.2. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF FORT WORTH SH 121 Public Art and Landscaping Q T-A 4pA�B CONSTRUCTION SPECIFICATION DOCUMENT C01639 DQ 3513 CONFLICT OF INTEREST STATEMENT Paps 1 of 1 SECTION 00 3513 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or rsapandent to a City of Fort Worth procurement is required to complete a Conflict of Interest Questionnaire or certify that one Is current and on fib 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 hUnager or Assistant City Managers, or an agent of the City who exercise discretion In the planning, recommending, selecting or contractJng with a bidder, offeror or respondent Is of hated with your company, than a Local Government Officer Conflicts Disclosure Statement (CIS) may be required. You are urged to consult with counsel regarding the applicability of the►sa forms and Local Government Code Chapter 176 to your company. The referenced forms may be downloaded from the links provided below. Form CIO � Conflict of Interest Guestfonnalre MR- e.tx.us hit, e./A ww.ethics.stale.be.usldeteJforrrtslcanflict1CIS., df V CIO Form does not apply ❑ CIO Form Is on the with City Secrewry ❑ CIO Form Is being pmvked 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: C. Green Scaping, LP 2401 Handley Ederville Rd Ft. Worth, TX 76118 817-577-9299 END OF SECTION CITY of FORT WORTH STANDARD CDNSTRUcnON SPECIFICATION DOCUMENTS Rau FWruwx 24.2020 By: Curtis J. Green Signahm Title: Vim Presiderrt SH 121 Pub11C Art VW 1 Iuapk�p 0"M 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 200 Texas Street City of Fort Worth, Texas 76102 FOR: SH 121 Public Art and Landscaping City Project No.: C01639 Units/Sections: 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 SH 121 Public Art and Landscaping Form Revised March 9, 2020 C01639 0041 00 BID FORM Page 2 of 3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Public Art Steel Fabrication and Installation 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 150 working days after the date when the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones) within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Statement, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS SH 121 Public Art and Landscaping Form Revised March 9, 2020 C01639 po 4100 so POW Fop 3d3 82 It Is understood end 89nWd by the Bidder in siWing W$ proposal lhat 1ha WW bid amc u t enbesred belm Is subject to verification andlnr madlflcalian by rrRid *ft the ulll bid prices for each pity item by the respective estimated quarrtitias shaven In this proposal and then toUft of of the wdended amours. Total laid 7. Bid Submiiltal This Bid b submllled an Am=& Mi Reaped► submitted, (Swilt uro) 3 (PrKed Name) Title: rice Pre0dent Compenlr.,d• Grp ScaEin$ LP ►r►d*m: C2441 Han&y t6ervifle Ad. IFt. Worth, TX 76118 tsde of lncorpondlon: Texas Email qqreerQWeenscapmgx Phone: %1' a-M § END OF SECTION $571,57&48 by late en ty , w, below. Race" Is acknarrled$ed of fm Initial A►ddonck Addendum No.1: Gl_ Addendum No. 2: 61-1 Addendum No. 3: IAddendum No. 4: Corporals Seel: G" OF FORT VAMM MANDAM CONURUCTION ePECMATIOM DOCUME M eH 121 PvbeaAdwd L�ndoptip PWM FW%UM 11rde If:=20 colcm SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Pro&O Hem toFgrmation Bidder's. Application Bid&f%s Psa"wi [fait 1 - skmat item DRmipifou Sr-M- iim unkof Bid Lmu Prlrx Bid vahm No 8®alimmm PARMWID Qw" v, j I PREPARING ROW 10100WM STD[ 7.5 $850.00 56,375.1f0 j 2 PREPARING rcvav 1 i maxi (12' TO 24° DIA) 10100 6004 Est 2 $2,6W.00 S5,200.00 3 EXCAVATION (SPEC}AL) 1 0110 mm CY I 1431 1S51.00 572,$81.00 1 4 GENERAL USE COMPOST (2.) 0161 6024 SY j 1034 IS4.60 1$4,756AO j 5 1 CELL FBR MLCH SEED PERM) (RURAL) (CLi" 1 0184 SM SY j 1034 S2,00 IS2,068,00 b I CELL FBR MLCH SEED (PERM) (URBAN) (CLAY) I M646617 I SY 1 3342 jSLOO [K684.00 7 )VEGETATIVE WATERING I MSWM MG I I= 104.00 $85,02,00 8 1 WILDFLOWER SEEDING 1 0180 6001 j AC I 0.21 $$7,800.00 I$1,638.00 9 PLANT BED PREPARATION 101026016 1 SY 1 1034 j$2,00 I$?08.00 10 MOBILIZATION OwDewl I Ls 1 S18,000.00 IS18,000.00 I 11 )BARRICADES, StGNSAND TRAFFIC HANDLING 1 =27001 I MO 4 153.900•00 jS13,(+0©.00 112 1 BIODES EROSN CONT LOGS (INSTL) ($) 1 05066040 1 LF 1 101 IED i7,00 .00 13 jBf00^11B C FROSN CONT LOGS (REMOVE) 1056M LF 1 ICH 00 1%4047,00 14 jTEMPORARY CONSTRUCTION ACCEs3 1 4pm7fo1 1 Is 1 i mw �r"'; 1 olI 15 PORTiA*Lr- mea-rhu SIGN j 61s016001 1 DAY j 30 00 g6,500.00 1 S I T MA (STATIONARY) 8185 E =2 1 DAY 30 j $5$9,OQ Isl7AOO.00 3 EA I7 1PUBLIC ART fLETTTERS) I SS7i s I$35 83.01A �.i1Si�363.0t! I I I I - I— I I ► i I ji I I I I I i I I I I I I I I l I i I Sub -Total LTZA 1- $S71,378.40 1 j Alternate A. - Al I mmim iWALLATION j m m t3Y f10ff SW,50 $146,2274.00 j A4 I I 1 rlf�roalAb..A tn��a� j Aleerrtale � - 81 J 1 N A Bab -Tad Allamathe s nUd 1— 3W)-ToW Unit I + ftb-Tolal Ab=mdre A: S S717.M,40 *rotal 2 = SultTotol Unit 1 + Bu-Total Akmmtlw & S 3371,379.40 •Helix 7il Citf>lesteirsie Ny ei�t to nLet e�erYiedl.7 rc iesll7. SECTION OQ 43 13 BID HAND KNOW ALL BY THESE PRESENTS: 004313 SID BOND plop 1 of 9 That we, C. Green Scalping. LP , known as "Bidder" herein and Merchants Bonding Company (Mutual) a corporate surety duly authorized to do business In the State of Texas, known as "Surety" herein, are held and *mly bound unto the City of Fort Worth, a municipal cgrporailon created pursuant to the laws of Texas, known as "City' herein, in the penal sum of five percent (a°!o) 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, o ;, 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 ..', -d' as SH 121 Public Art and L. .41„1,. ".. - 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 exeoutfon of the Contract and shall enter into, the Contract In writing wilh the City in accordance with the tolfRy of y�VF gismo lhnn fh'e nh'fin�frnn k-11 E... ., I......�..-� I, ..tea .._,� lia u IVan,l4ll Q11d11 uC ili1N i 1%WrliC ILUJI dILQ VQJQ. n, h8W5V®r, v`ie'Principal iah to exeoute such Conbed in accomf rnce with the terms of same or fails to satisfy all requirements and conditions required for the execution of to mac, this bond shall become the property of the City, without reoomse of the Principal and/or Surety, rrotto exceed ft penalty hereof, and shall be used to compensate City for the difference between Principal's Val bild arrrormt and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall I% in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth ❑ivlslon. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorised agents and officers an this the 22 day of Rust 2424. PIRINCIPAL. QGrew tom,LP BY., --- ATTEST: � [ vu/ Cork. Green -Vice President till4rnw w f� Narrra and Title C"OF FOr TVAMTH WANIONWCOMFn1G7M tpid►9CATM COC MUM RllirndlGtl SH Ut MkApt ed LrIMIkig e mBp This docurrisrttwas created by an appllcakm that hmlt licensed to use rtovaPDF. Purchase a iicertae fio generate PDF files w*W V is nodcaa. S- +tE ape 1 irry - QMbxmer Reprar+edjPe Aftd Power of Atflomsy (8urOM for Attorney-h-Fad M4313 =am Pape 2 ar 2 Address: it HwiftQhManeed Fat Vft&. TX 7e11a SURELY: IMerdirarya Bwara CWWW P WW BY: 49�4T Girw Oudionan- Pywdir of Adanwy Narna ON TMO Address: 930 813GE Denton TX 7M Tefaphone Number. 9110.3fir`MI •Mate: K Waned by an olnow of ft Surely CompwV, #pane must be on me a oortflled edcM f m the by Iwrs *vAna that thta person has addharty to slpn wah dgpd b If Stra" phyaM address isaft. . from d rr OkM - j j both must be praAded. The date of thdd band WW nat be prior 5a the date the Conk act is awarded. F�ii Dire, dxTY OR t'M YJCI M VrAM MW CONI7RUCTdCN 8PaCU MTMN DOCUMEM aaYreed a+aaOM SH tat F4tlio Ad a W l I I g OMM This document was map in by an aWcatlon that WM Nee ised to use rm&PDF. Purehana a license to generate PDF fflw wltheut this notice. ERH.t4TS"'tk BONDING COMPANY. POWER OF ATTORNEY Know All Persons! 817hese Dents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANT'S I+IAT1ONAL 90NDiNG. INC.: both being :of the'state of lor►a, d►bla Merchants Nailonal lrtdemnity Company (tn CaliforiftoWailerelin cane +ely called the "CompanlbV) do nereby make, constitute and appoint, individually, Candace Duran; Chris Long; Cyndy Cates; Erin Neill; Ginny Buchanan; .lames E icing; Jeff P King, Jeffery Bucklel K* King: Kyife Kell Stephan Hopkins their true and lawful Attorneys) -in -Fact, to sign Its name as surety(fes) and to execute, weal and ackrimWsdga any and all bonl undertakings, contracts and other wriUten instruments in the nature thereof, on behalf of the Companies in #Wr busill of guaranteeing the fidel#ty of persons, guararltee€ag the of Contracts and executing or guaranteeing bonds and ursderfafdil required or permitted in any actions or proceedings allawad by law. This Power -of -Attorney is granted and is signed and seated by facsimile under and by authority of On foNordlr:g By­lAws aitoptad by the Board of Oirectors of Merchants Bonding Company (Nluivai) on April A 20'I1 and amended August 14, 2015 slid adopled by the ward of DirecL*s of Merchants National Bonding, Inc., on October 16, 2015. 'The President, Secretary, Treasurer, or any Assistant Treasurer or any (assistant Secretary or :fry vice President $hail have poavar and authority to appoint Attomeys-in-Fact, and to authorize them to execute on behalf of the Company, and a11rac1 the awl of the Company thereto, bonds and L..., contracts of indemnity and other writill obligatory In the nature Ifilereofr.' "The signature of wry authorized officer and the seal of the Company may be affixed by face€mils or anlcfrarr agwlan to any Power cf Attorney or Carli&cation thereof authorising the execution and delivery of any bond, undertaking, recogrihmnak or odd suretyship obligations of tie Company, and suoh signature and seal when so used shall have the same force and effect as though maniudy11md." In 1.., with obligations in favor of the Florida Department of T .. ; ,A. only, it Is agreed that the parer and arrt Il hereby given to flee Attorney -in -Fact Includes any and all consents. for the release of mined porcentogt@ ondlor fro egrneftg on ;,;,,wjl1,a an;i ponsfmction contracts required by the State of Florida Department of Transportatlon. It Is fully understood that consenting to ft Stm afRorida Department OF .. making payment of the final estimate to the Contractor sndlor its assignee, shy not reieve Otis sur* company of any of Its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, It is agreed that the pmw and aulhi lly hereby Qiven to the Attorney -in -Fact cartnot be modfled or revoked unless prior >wvritien personal notice of such i ftffl has bit given to the Cammissloner- L . r.c:. , . ,. I. of fthilivays of the C' I uml lw l III, F.Ith of Kell at least thirty (3k) days prior to the modifi adon or revocad9on. In Witness Whereof, the Companies Isers caused this Instrument to be, signed and sealed this 3rd day of Febil . 2024 MERCHANTS BONDW COMPANtf (MUTUAL) MERCHANTS NATKIN tL. DOW1111l INC. dlbla MERCHANTS NATIONAL IHI]EIt LAITY COMPANY By Iii', V — % 1� COUNTY OF DALLAS as. '*'"*{4"k+. « €3n this 3rd day of February 2024 , before me appeared Larry Taylor, to me persorrefly Iao m, who being by me duly ssuorn diet say that: he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seats affixed to the foregoing instrument are the Corporate Seals of the Corrrp:tfilgs, and that the said lnstrurneni was signed and sealed in behalf of the Companies by authority of their respective Boards of Oirectors. IA4 Pend! Miller Commission Number 787952 042 My CommIsdcri I;xpll f % , January 20, 2427 (Exp4sition of notary's ILaeiii i doss not Nvalfoidethis instrument) 4 .. 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC,, do hereby cpil that the obova and foregoing Is a true and correct copy of the POWER -OF ATTOPNEY exacul by said Corttparilm,which lie still in full tong and effect and has not been amended or revoked. In Wiifrlasa Whereof, I have hert+unto set my hand a �yL�Fr�e�*** i,.0 1 �iAir 0*y, s�. " o 20 7lp and afl~"d the seal of the Companies on this 22 day of August y.% s * A. soma"'000"a i �r Rios, Leonel From: Lisa Lawson <Ilawson@merchantsbonding.com> Sent: Thursday, May 22, 2025 3:09 PM To: Rios, Leonel Subject: RE: Bond #101489149 Verification-C. Green Sacping, LP This email is from an unknown sender This is the first time you are receiving an email from this sender. Good Afternoon, Yes, this is a valid bond. The information below is correct. Thank you! Lisa Lawson I Sr. Contract Underwriting Account Specialist Merchants Bonding CompanyTM street 6700 Westown Parkway, West Des Moines, IA 50266-7754 mailing P.O. Box 14498, Des Moines, IA 50306-3498 direct (515) 558.8765 toll free (800) 678.8171 web www.merchantsbondinfz.com MERCHANT BONDING COMPANY COMMON SENSE SURETY SINCE 19330 From: Rios, Leonel <Leonel. Rios @fortworthtexas.gov> Sent: Thursday, May 22, 2025 2:36 PM To: Lisa Lawson <Ilawson@merchantsbonding.com> Subject: Bond #101489149 Verification-C. Green Sacping, LP Report Suspicious CAUTION This email originated from outside of Merchants Bonding Company. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good afternoon, The City of Fort Worth requires bond verification before a contract can be executed. We have received the following bonds from C. Green Sacping, LP.: Bond #101489149, in the amount of $571,578.40, issued by Merchants Bonding Company for City Project #C01639, SH 121 Public Art and Landscaping. Please confirm that the bonds and corresponding amounts are valid so we can proceed with awarding the contract to C. Green Sacping, LP. Thank you, Leonel J. Rios Contract Compliance Specialist tilt 4S 37 VENDOR COUPLANCE TO STATE LAW Pop 9 of 4 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 guit in order to be awarded a contract as low bidder, nonresident bidders (otA-aim ., ,:,,,;;. whose (,;i� -0 offices or principal place of business are outside the State of Texas) bid projects for construction, Impmvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business Is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of , our principal plow of bu•trraes, are required to be percent lower than resident bidders by State Law. A copy of 1n statute is attached, Nonresident bidders in the State of , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is In the State of Texas. Z BIDDER, 0. Green Scaping, LP 2401 Handley Edervllle Rd By: Curtis J. careen Ft. Worth, TX 70118 817-577-9299 c reerr{ �resnscapin .com Tills: Vice Pmeldent D ft i r ► 024 K10 OR SECiZON CnYaF FORT VV0M $TANWM COMMUCMIN 54MRCATM DOCLUEM S H 321 Pdit Art nod Lmheqft Rawr.d 0MUMM Ct0189 2 3 4 S b 7 a 9 1€J lI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 c�v 27 28 29 30 31 32 33 34 35 36 37 38 39 004526- 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 1 SECTION 00 43 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Lalwr Colo Sectkm 406.096(a), as amended, C—....,, ... certifies that it Provides worker's WW.YY.. I.MAJL -i- _'JA.0,..,..60. 60: I Wl.o. for all of its employees employed on City Project No, CO1639. C, ...... i- further certifies that, pursuant to Texas Labor Code, Section 406.096(b) as amended, it will provide to City its su a hoi certificates of compliance with 1,11,r".r 1,I,:,� .:..cation coverage. CONTRACT011b C. Green Scaping, LP Company 2401 Handley Ederville Rd Address Ft. Worth, TX 76118 City/State/zip THE STATE OF TEXAS COUNTY OF TARRANT § By; Curtis J. Green (PIease Print) Sigzlatura• �r ;�_ Title, Vice President (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared rportia J rrwgn 1 +., +. ko +1— h..�o .,... 1—ow'" VY ll W Alm. 6V U4' MILD p4lswl V IM05 nwile is subscribed to the foregoing instniment, and acknowledged to me that he/she `A the same as the act and deed of C. Green Scaping, LP for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER. MY HAND AND SEAL OF OFFICE this 22 day of August .2024, "'G•y STACY LEE OEi0EHM11 R Notary Puwlr, Stets aF TWM 1 Comm. EMirw 05-M2028 � .,,°i;► � Notary 10 125617020 .:�#-ate � �C.G , ►-, r,-��t Notary Public and for t4 We of Texas END OF SECTION CITY OF, FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised IuIy 1, 2011 SH 121 Public Art and Landscaping C01639 00 52 43 - 1 Agreement Page 1 of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on 4/22/2025 , 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 C. Green ScaDini4, LP , 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: SH 121 Public Art and LandscabinQ C01639 Article 3. CONTRACT PRICE City agrees to pay Contractor for performance of the Work in accordance with the Contract Documents an amount, in current finds, of Five hundred seventy-one thousand five hundred seventy-eight and 40/100 Dollars ($ 571,578.40 ). 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 150 working 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 Eight Hundred Dollars & 00/100 ($800.00) for each day that expires after the time specified in Paragraph 4.1 for Final Acceptance until the City issues the Final Letter of Acceptance. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX CITY OF FORT WORTH SH 121 Public Art and Landscaping APB CONSTRUCTION SPECIFICATION DOCUMENTS C01639 Revise 4I\-Az kzr 0, 2823 005243-2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vender-CQm;� 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 fMaintenanee 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 urovision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by anv act, omission or negligence of the citv. 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 SH 121 Public Art and Landscaping APB CONSTRUCTION SPECIFICATION DOCUMENTS C01639 Revise 4I\-Az kzr 0, 2823 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused. in whole or in part, by anv act. omission or negligence of the citv. 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 SH 121 Public Art and Landscaping APB CONSTRUCTION SPECIFICATION DOCUMENTS C01639 Revise 4I\-Az kzr 0, 2823 00 52 43 - 4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 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 SH 121 Public Art and Landscaping �T_ANP4I�B CONSTRUCTION SPECIFICATION DOCUMENTS C01639 ReN-L i Inc i:l r Q, 2823 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH SH 121 Public Art and Landscaping APB CONSTRUCTION SPECIFICATION DOCUMENTS C01639 ems., T,---iJ:,zf Q, 2$23 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: By: Curtis Greeh Curtis Green (May 22, 2025 13:03 CDT) Signature Curtis Green (Printed Name) VP Title 2401 HANDLEY EDERVILLE ROAD Address FORT WORTH, TX., 76118 City/State/Zip 05/12/2025 Date City of Fort Worth By: C�V� Jesica McEachern Assistant City Manager 06/19/2025 Date anq �FORT9dd Od p F, eo=o Attest: ;moo �aP* eee eoe *vp n nEo a444 Jannette Goodall, City Secretary (Seal) M&C: 25-0376 Date: 04/99/95 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. Fanta Kaba (May 22, 2025 13:54 CDT) Fanta Kaba, P.E., PTOE Professional Engineer Approved as to Form and Legality: Q&60-11 Douglas Black (Jun 13, 202512:49 CDT) Douglas W. Black Sr. Assistant City Attorney CITY OF FORT WORTH CONSTRUCTION SPECIFICATION DOCUMENTS R : i � A I\-zz .).,zf 9, 282-3 APPROVAL RECOMMENDED: de.7..Y,,. Lauren Prieur (Jun 10, 202512:29 CDT) Lauren Prieur, Director Transportation & Public Works Department OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX SH 121 Public Art and Landscaping C01639 0061 13- 1 PERFORMANCE BOND Page I of 2 I SECTION 00 6113 2 PERFORMANCE BOND Bond No. 101489149 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we., C. Green Scaping, LP known as 8 "Principal" herein and Merchants Bondin: Company (Mutual: a corporate 9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 1.0 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 12 sum of, Five hundred seventy-one thousand :five hundred seventy-eight and. 40/100 Dollars 13 ($ 571,578.40 , lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, 15 our heirs-, executors, administrators, successors and assigns, jointly and severally, firmly by these 16 presents. 17 WI-IERE AS, the Principal has entered into a certain written contract with the City awarded 18 the 22nd day of Ajil 20 25 which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein, to .furnish all materials, equipment labor and other 20 accessories defined by law, in the prosecution of the Work, including any Change Orders, as 21 provided for in said Contract designated as SH. 121 Public Art and Landsca0n,.-. C01639. 22 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 23 shall faithfiilly perform it obligations under the Contract and. shall in all respects duly and faitliftilly 24 perform the Work, including Change Orders, under the Contract, according to the plans, 25 specifications, and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City, then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 29 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 30 Worth Division, 4/22/' 2025 crry OF FORT WORTH S11 121 Niblic Art and Landscaping STANDARD coN.s'rRUCTION SPECIFICATION DOCUMENTS C01639 Revised December 8. 2023 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 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 006113.2 PERFORMANCE BOND Rage 2 of 2 This bond is made and executed. in compliance withh 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 14th day of May 12025 PRINCIPAL: C. Green Scaping, LP ATTEST: e LA (Principal) 6cretary Witness as to Principal. BY _ _ tguature arrz ": ,v. Name and Title Address: 2401 Handlev Ederville Road Fort Worth, TX 76118 SURETY: Merchants Bonding Companv (Mutual) BYaet( - — Signature Courtnev J. Goulding, Attorney -in -Fact Name and Title Address: P.O. Box 14498 Des Moines, IA 50306 1 fitness as to S u-ety Ricky Pleasant, Jr. Telephone Number: 800-678-8171 Email Address: courtney.goulding@usi.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 CONs'rRtiCTION SPECIFICATION DOCUMENTS Revised December 8, 2023 SH 121 Public Art And Landscaping C0163.9 MERCHANTS BONDING COMPANY,,., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Brian Kenyon; Courtney J Goulding; Cynthia Giesen; Keenan Lehmann; Wesley M Pitts; William H Pitts Jr their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Atiomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attomey-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th day of May 2025 �,•••' '••.•� �0,0-0•.MERCHANTS BONDING COMPANY (MUTUAL) ++ P q� •• •.G.... • ;4, MERCHANTS NATIONAL BONDING, INC. t1 EtPO/p' gyp'* O ' Q1POJ1 .� . d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY •y. CO �. 2003 o= 1933 By"ly«< +L,aJ1• • ra`�` `•�6'�....... •\1�� • President STATE OF IOWA '•�f. t��.•' `•.•++��+.• COUNTY OF DALLAS as. On this 6th day of May 2025 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. tP��A�S Penni Miller z > P Commission Number 787952 - • • My Commission Expires ' (ONA January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) 1, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. '' t�L/�,,,, � In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 149•day of AAAj* ao7�G .��.. ....... .0 # GO ; �O1N,..... f . Co 'Ot*PO#" •O•L 'QyO�oPP0,9.�•9y% 00t ,e jr . 2003 ' Z ' . :.�; • A :3 : a 1933 . C • Secretary •. v .9 POA 0018 (6/24) 0061 14-1 PAYMENT BOND Page I of 2 I SECTION 00 6114 2 PAYMENT.BOND Bond No. 101489149 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, C. Green Scaping, LP known as 8 "Principal" herein, and Merchants Bondin.L, Comnaw, (Mutual a 9 corporate surety (sureties), duty authorized to do business in the State of Texas, known as "Surety" 10 herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11. corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal 12 sum of 'Five hundred seventy-one thousand five hundred seventy-eight and 40/100 Dollars 1.3 (S 571,578,40 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment. of which sum well and truly be made, we bind ourselves, 1.5 our heirs, executors, administrators, successors and assigns, jointly and severally, firn-fly by these 16 presents: 17 WHEREAS, Principal. has entered into a certain written Contract with City, awarded the 18 22nd day of A. -,ril 20 L ,which Contract is hereby referred to and made 1.9 a pail hereof :for all purposes as if fully set forth herein., to ffirnish all. materials, equipment,, labor 20 and other accessories as defined by law, in the prosecution of the Work as provided for in said 21, Contract and designated as SH. 121 Public Art and LandscaAng. C01639. 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all moles owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute, 30 CITY OF FORT WOR,ri-i SH 121 Public Art and Landscaping STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C01639 Revised December 8,2023 006114-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 14th day of 3 May .20 25 . 4 5 6 7 R 9 1.0 II 12 ATTEST: (Principal) lcretary Witliess as to Principal ATTEST Ll ttness as to Si ety Ricky Pleasant, Jr. PRINCIPAL: C. Green Scalping, LP By: lgnature Name and Title .Address: 2401 Handley Ederville Road Fort Worth, TX 76118 SURETY: Merchants Bonding Company (Mutual) BY: Signature Courtney J. Goulding, Attorney -in -Fact Name and Title Address: P.O. Box 14498 Des Moines, IA 50306 Telephone Number: 800-678-8171 Email Address: courtnev.goulding@usi.com Note: If signed by an officer of the Surety, there must be oil 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 SH 121 Public Art and Landscaping STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS C01639 Revised December 8, 2023 MERCHANTS�k BONDING COMPANY: POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Brian Kenyon; Courtney J Goulding; Cynthia Giesen; Keenan Lehmann; Wesley M Pitts; William H Pitts Jr their true and lawful Attomey(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attomey is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 6th day of May 2025 ����1G MERCHANTS BONDING COMPANY (MUTUAL) 1�Q PO ,• -- - •�,•�P ,••..,�'�•• •. Co A�• MERCHANTS NATIONAL BONDING, INC. �y,GD(i Qq �•�OOri1P099�d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY 2003 ;;� �y 1933 �' By • :C4• *'•, is/ '••'a,�0� •••�W" " ��.� President STATE OFIOWA '•..•�� �,.�` •.•�••�•. COUNTY OF DALLAS as. On this 6th day of May 2025 before me appeared Larry Taylor, to me personally known, who being by me duly swom did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Penn! Miller z Commission Number 787952 — • • My Commission Expires+. r 1OWN January 20, 2027 Notary Public (Expiration of notary's commission does not invalidate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and ? pRp Rq eo': 2003 affixed the seal of the Companies on this I T`hday of Secretary FORT WORTH. Routing and Transmittal Slip Transportation & Public Works Department DOCUMENT TITLE: SH 121 Public Art and Landscaaina M&C: 25-0376 CPN: C01639 CSO: Date: 06/05/25 To: Name 1. Donnette Murphy 2. Patricia Wadsack 3. Lauren Prior 4. Lorita Lyles 5. Doug Black 6. Jesica McEachern 7 Ronald Gonzales g Jannette Goodall 9 Allison Tidwell 10. TPW Contracts Department Initials Risk -Approver DM TPW Approver TPW-Signer xx°,e.. Legal -Approver « LL Legal -Signer -o. g[Bla kk ACM -Signer CSCO-Approver ,�„�a,—, CSCO-Signer a. t � zzi CSCO-Form Filler Tjj- TPW DOC#: Date Out 06/05/25 06/10/25 06/10/25 06/10/25 06/13/2025 06/19/2025 06/20/2025 CC: Program Manager, Sr. CPO, TPW BSPAP Recon Team, TPW Records Room, TPW Contracts DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: []YES ®No RUSH: []YES ®No SAME DAY: ❑YES ❑No NEXT DAY: ❑YES ❑No ROUTING TO CSO: ®YES ❑No Action Re uired: ❑ As Requested ❑ For Your Information ® Signature/Routing and or Recording ❑ Comment ❑ File General Conditions ❑ Attach Signature, Initial and Notary Tabs Return To: Please notify TPWContracts a@fortworthtexas. qvv for pickup when complete. Call eat. 7233 or eat. 8363 with questions. Thank you!