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Contract 63589
CSC No. 63589 FORTWORTH CONTRACT FOR THE CONSTRUCTION OF LAKE WORTH TRAIL PHASE 1C Mattie Parker Mayor City Project No. C01920 Jesus "Jay" Chapa City Manager Dave Lewis Director, Park & Recreation Department Prepared for: The City of Fort Worth Park & Recreation Department 2025 Prepared by: FREESE 901111i"NICHOLS FREESE AND NICHOLS, INC. 4055 International Plaza, Suite 200 Fort Worth, TX 76109 (817)735-7300 Texas Registered Engineering Firm F-2144 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX T1 71 t.. 09/12/2024 FORT WORTH,. City of Fort Worth Standard Construction Specification Documents Adopted September ?Ol 1 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page I of 6 SECTION 00 00 00 TABLE OF CONTENTS Division 00 - General Conditions Last Revised 0005 10 Mayor and Council Communication 05/20/2025 0005 15 Addenda. 07/01/2011 0011 13 Invitation to Bidders 02/08/2024 0021 13 Instructions to Bidders 01/17/2024 0035 13 Conflict of .Interest Statement 02/24/2020 00 41 00 Bid Form 09/30/202.1 00 42 43 Proposal Form Unit Price 01/20/2012 00 43 13 Bid Bond 09/11/2017 00 43 37 Vendor Compliance to State Law Nonresident Bidder 06/27/2011 nn norPreflealifieMialift 00 45 26 Contractor Compliance with Workers' Compensation Law no 1 07/01/2011 00 45 40 Business Equity Goal 06/07/2024 00 52 43 Agreement 12/08/2023 0061 13 Performance Bond 12/08/2023 0061 14 Payment Bond 12/08/2023 0061 19 Maintenance Bond 12/08/2023 0061 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 11 00 Summary of Work 12/20/2012 0.1 2500 Substitution Procedures 07/01/2011 01 31 19 Preconstruction Meeting 08/17/201.2 01 3.1 20 Project Meetings 07/01/2011 01 3216 Construction 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 4523 Testing and Inspection Services 03/09/2020 01 5000 Temporary Facilities and Controls 07/01/2011 01 5526 Street Use Permit and Modifications to Traffic Control 03/22/2021 01 5713 Storm Water Pollution Prevention Plan 07/01/2011 01 58 13 Temporary Project Signage 07/01/201:1 01 60 00 Product Requirements 03/09/2020 01 6600 Product Storage and Handling Requirements 07/01/20.11 01 70 00 Mobilization and Remobilization 11/22/2016 01 7123 Construction Staking and Survey 02/14/2018 01 74 23 Cleaning 07/01/2011 01 77 19 Closeout .Requirements 03/22/2021 01 7823 Operation and Maintenance Data 12/20/2012 01 7839 Project Record Documents 07/0.1/2411 CITY OF FORT WORTH Lake Worth Trail Phase IC STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised March 7, 2025 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project, hard copies are included in the Project's Contract Documents Date Division 02 - Existing Conditions Modified 0241 13 Selective Site .Demolition 0241 14 Utility Removal./Abandonment 0241 15 Paving .Removal Division 03 - Concrete 03 30 00 Cast -hi -Place Concrete 0,4—Gi-rAfe4 d-i-.ow=-Str l�•..{ ate a C 044 --4i e Bur: Matvral fee- d -Ft l -Repciff 03 80 00 Modifications to Existing Concrete Structures Division 05 - Metals 05 50 00 1 Miscellaneous Metals ( FNI Division 10 - Specialties 10 43 00 1 Site Signage FNI Division 26 - .Electrical .��.�...�:��_.��r}:�=I-a��rt-e�4�--1�-��rlt�-1��1•`-:€_1��.���:-c+k �?�-ia-�--1-1# f�-li-t-icy-fog-E-3���t=ieak•`��;�:���_-; ?0 _- 3 r 3 R- waytl- l es €e{ 1 ler c }1-5 sip Division 31 - Earthwork 31 1000 Site Clearing 31 23 16 Unclassified Excavation 31 23 23 Borrow 312400 Embankments 31 25 00 Erosion. and Sediment Control 3-1-.._34-W Gabigfas 31 37 00 Riprap Division 32 - Exterior :Improvements 3201 17 Permanent Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 01 90 Preservation + Protection of Plant Materials FNI .3- - 4 1 .2. a-2-..14--333 Geffle- T1=h d--9-Cotter= 3? i-i 3 1i l r;�r�sc4 foil Si4i 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks, Driveways and Barrier Free Ramps CITY OF FORT WORTH Lake Worth Trail Phase 1C STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised March 7, 2025 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 6 32 13 73 Concrete Paving Joint Sealants AM=e Tent Mar ,?'.'�4;- �-A�l�rd� i-iintf+g 3231 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates Cot*-H -' 1'l a€ 'af r P; t r ._ :.n4+ 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Sodding 34_s;244 lion Division 33 - Utilities 344 -40 i...044. Ma'nwf�lY. l /�i�t'�� irki;cci3 :1 ?ffi2- L;x 33 0430Temporary Water Services t 4.0,�e;�j,.40 ':✓"�.i'°�"� rC"�Y',y ;',1r1j`,i.�Y.L.#j"". ti." eff 3305 10 Utility Excavation, Embedment, and Backfill pTrench 10 kM'1; `3�? -1I r ':, t� is ;} I „ l-:i-�f. ;�i(�t�7� 330530 Location of Existing Utilities i..�.bm.1 —0-51 �:S-` 't"CY?':'.."T.:ii4 ... .�..i '3'S' ;lw: ;a �✓__�..�.�-."} ���i�"{-':'fi �'""L}i-'IC�i�`S �V.ae.Y_.32t1 ._i_...y+"..�.y1�'j,+�i'j;_s`a �G ,���...�C�:"iif'il" f":i"'*„4�i2 M'UQ 1. 'an-f:?- :42"1nh»:. 1 r . •^'r'_ "_,:': i. '�id,�.f. ^.:i23"i�i � ,��.:'[� t"h: is ...}_�e.pl: l.1...�:...�- ,.:01 r I -V 4 4 44 bbe CITY OF FORT WORTH Lalce Worth Trail Phase IC STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CO 1920 Revised March 7, 2025 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMFNTS Page 4 of 6 )3 3 12 4 C4':qi4i+iL� 4k�t+-A",144've- b S 2 3 3 1 12 C. dL-H4-Kft-t-*Wt, 311 13131 44pe 12, 4n 44-34-213 34-34-54, ;C 0 I.A n 0 .i J 1 if -3-349-,U -34—N-44 3341 10 Reinforced Concrete Stolen Sewer Pipe/Culverts 33 11 12 "4pe 3-3-46-00 3-34-4940 33 49 40 Storm Drainage Headwalls and Wingwalls Division 34 - Transportation 24-44-4-0 Tfa-14A- rial, S-0 x-i4taL iop 3� -44-44.W- L F', -', i , " - 4 - -IJ 44-4u43, -R- W -14-4443k �4-44-45, 34-1446 .4. 1-40 4 J 444-1--a 0, 0-2 P.as• -34-44-40 3471 13 Traffic Control Appendix CITY OF FORT WORTH Lake Worth Trail Phase I C STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CO 1920 Revised March 7, 2025 00 00 00 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 5 of 6 GC-6.01 TxDOT Standard Technical Specifications • 529 - Concrete Curb, Gutter, and Combined Gutter • 540 - Metal Beam Guard Fence • 644 - Small Roadside Signs Assemblies • 666 - Retro Reflectorized Pavement Markings GC-6.02 Geotechnical Investigation (Gorrondona Associates, Report No. FNI1317.00) GC-6.03 Minority and Women Owned Business Enterprise Compliance GC-6.04 Wage Rates GC-6.05 Weather Table END OF SECTION CITY OF FORT WORTH Lake Worth Trail Phase 1C, STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised March 7, 2025 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, May 20, 2025 LOG NAME: 80LAKE WORTH TRAILS PH.1 C REFERENCE NO.: **M&C 25-0459 SUBJECT: (CD 7) Authorize Execution of a Contract with Cole Construction Inc., in the Amount of $2,499,891.39 for the Lake Worth Trail Phase 1 C - River Oaks Project, and Adopt Appropriation Ordinance to Effect a Portion of Water's Contribution to Fiscal Years 2025-2029 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with Cole Construction Inc., in the amount of $2,499,891.39 for the Lake Worth Trail Phase 1C - River Oaks project (City Project No. C01920); and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Lake Worth Gas Lease Capital Project Fund in the amount of $2,708,000.00 from available Gas Lease Revenue, for the purpose of funding the Lake Worth Trail - Phase I project (City Project No. C01920) to effect a portion of Water's Contribution to the Fiscal Years 2025-2029 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to appropriate available funds in the amount of $2,708,000.00 and authorize execution of a construction contract with Cole Construction Inc., in the amount of $2,499,891.39 for the Lake Worth Trails Phase 1 C - River Oaks project. The project includes the installation of a trail system along Lake Worth. This project was advertised for bid on October 16 and 23, 2024, in the Fort Worth Star -Telegram. On November 14, 2024, the following bids were received and tabulated. BIDDER 1 BASE BID I ALTERNATES)' TOTAL (Cole Construction, Inc. $2,288,896.49 $210,994.90 $2,499,891.39 2L Construction, $3,120,433.00 $184,785.00 $3,305,218.00 LLC. Greeniverse Construction, LLC. $3,080,280.51 $253,353.18 $3,333,633.69 Capko Concrete Structures, LLC. $3,320,832.00 $199,965.00 $3,520,797.00 Klutz Construction, LLC. $3,735,584.30 $214,693.00 $3,950,277.30 ALCC, LLC. dba Perfect Finish $3,785,118.78 $209,096.26 $3,994,215.04 Landscaping The Fain Group, Inc. $4,177,374.00 $187,521.00 $4,364,895.00 .Ken -Do Contracting, $4,140,957.40 $229,387.38 $4,370,344.78 LP. L. J. Design & ,Construction, LLC. 1$4,280,896.95 $183,134.25 $4,464,031.201 Fort Worth Civil Constructors, LLC. $5,047,312.50 $173,814.00 $5,221,126.50 Narthstar Construction, LLC. $5,187,777.00 $203,861.00 $5,391,638.00 C. Green Scaping, $5,560,573.50 $262,172.50 $5,822,746.00 LP. Improvements for this contract include the installation of a concrete trail, retaining walls, fencing, and signage. Alternates include gravel trail additions and construction allowances. Construction of this project is anticipated to begin in June 2025 and be completed in April 2026. It is the practice of the Water Department to appropriate its Capital Improvement Plan throughout the Fiscal Year (FY), instead of within the annual budget ordinance, as projects commence, additional funding needs are identified, and to comply with bond covenants. The actions in the M&C will appropriate funds in support of the Water's portion of the City of Fort Worth's Fiscal Years 2025-2029 Capital Improvement Program, as follows: 80LAKE WORTH TRAILS PH. 1C Capital Project Revised FY2025 GIP Budget Fund Name ,authority FY2025 Appropriations Adjustment Name Budget Lake Worth C01920 Gas - Lake Lse Worth $0.00 This M&C ,$2,708,000.00 $2,708,000.00 Cap hail - Project Phase - Fund 1 33001 Funding is available in the UNSGAS Unspecified project within the Lake Worth Gas Lease Capital Project Fund. In addition to the contract amount, $208,108.00 is required for project management, material testing and inspection contingencies. Appropriations for the Lake Worth Trail - Phase I project are as depicted below: WM 39001 - Lake Worth Gas Lse Cap Legacy 39302 - PARD Gas Lease Cap Proj Legacy 33001 - Lake 'North Gas Existing Additional project Total* Appropriations Appropriations $6,927,234.00 $0.00 $6,927,234.00 $420,000.00 $0.00 $420,000.00 $0.00 $2,708,000.00 $2,708,000.00 Lse Cap I II Project J Project Total 11 $7,347,234.0011 $2,708,000.0011$10,055,234.00 * Numbers are rounded for presentation purposes. Lake Worth Trail Phase 1 C is estimated to increase the Department's annual maintenance by $52,992.00, beginning in Fiscal Year (FY) 2026. The Business Equity Division placed a 9.42\% business equity goal on this solicitation/contract. Cole Construction, Inc., will be exceeding the goal at 12.13\%, meeting the City's Business Equity Ordinance. Any Changes in subcontractors will be reviewed by the Business Equity Division. This project is located in COUNCIL DISTRICT 7. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that funds are currently available in the UNSGAS Unspecified project within the Lake Worth Gas Lse Cap Project Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Lake Worth Gas Lse Cap Project Fund for the Lake Worth Trail -Phase 1 project to support the above recommendations and award of the contract. Prior to an expenditure being incurred, the Park & Recreation Department has the responsibility of verifying the availability of funds. FUND IDENTIFIERS (FIDs): TO ,Fundy Department IAccounI L.......... __..... I D Pro ect -Pro ram ctivit ID g Y Budget Reference # (Chartfield 2) mo InYear W undl Department ccoun Project ID 1 ID Budget Year CERTIFICATIONS: Submitted for Citv Manager's Office bv: Dana Burghdoff (8018) Oriqinatinq Department Head: Dave Lewis (5717) Additional Information Contact: Joel McElhany (5745) Reference # moun (ChartfieId 2) ATTACHMENTS 1. 80LAKE WORTH TRAILS PH.1C funds avail.docx (CFW Internal) 2. BID TAB - LWTP1C - 11212024.pdf (CFW Internal) 3. FID Table 80LAKE WORTH TRAIL PH.IC.xlsx (CFW Internal) 4. Form 1295 - LWTP1C.pdf (CFW Internal) 5. LWT Ph 1C Expenditures 12092024.pdf (CFW Internal) 6. MAP - LWTP1C.pdf (Public) 7. MWBE Compliance Memo- LWTP1C.pdf (CFW Internal) 8. ORD.APP 80LAKE WORTH TRAILS PH.1 C A025(r1)update(Rev5.02.25).docx (Public) 9. SAM -Cole Construction Inc. - LWTP1C.pdf (CFW Internal) ADDENDUM #1 Lake Worth Trail Phase 1 C November 1, 2024 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. PROJECT MANUAL REFER TO SPECIFICATIONS: 1) Replace page 2 of 3 of the 00 42 00 — Bid Form specification with the attached 2 of 3 page in the project manual. 00 42 00 — BID FORM - The project contract time was changed from 200 Calendar Days to 275 Calendar Days. 2) Replace page 1 of 5 of the 00 52 43 — Bid Form specification with the attached 1 of 5 page in the project manual. 00 52 43 — AGREEMENT — The project contract time was changed from 200 Calendar Days to 275 Calendar Days. CONTACT INFORMATION 1) DESIGN CONSULTANT: Matthew L Milano, PLA, LEED® AP, CDT Landscape Architecture Urban Planning + Design Group Freese and Nichols, Inc. 817-735-7471 direct mlm(a)freese. com 2) ROCK WALL VENDOR: Matt Willis, PE Business Consultant - Western North America Redi-Rock International www.redi-rock.com (816) 437-0716 matt.willis(a redkrock.com Joe Wright Si Precast Sales Ennis, TX. (214) 399-6973 ioewriphtCa-)siprecast. com END OF ADDENDUM #1 Bid Opening Date: November 14, 2024 — 2:00 pm Acknowledge the receipt of this Addendum on your Proposal. Fo By: Carlos Gonzalez, Project Manager Release Date: November 1, 2024 ADDENDUM #2 Lake Worth Trail Phase 1 C November 8, 2024 Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. 1;J :1031 01 MaXTA I Mm REFER TO DRAWINGS: 1) Replace 1-1.05 with the attached revised drawing sheet. 2) Add TxDOT METAL BEAM GUARD FENCE GF (31) TR TI-3-20. REFER TO SPECIFICATIONS: 1) Replace Section 02 41 14 — Utility Removal Abandonment specification with the revised Section 02 41 14 — Utility Removal Abandonment in the project manual. 02 41 14 — UTILITY REMOVAL ABANDONMENT — Revised item B. Water Lines and Appurtenances, section 7. Water Meter Removal and Selvage. 2) Addition of Section 31 25 00 — Erosion and Sediment Control the project manual. 3125 00 — EROSION AND SEDIMENT CONTROL — This section was omitted from the bid package erroneously. CLARIFICATION 1) Bonfire Questions: q. Is the Barbed Wire run on the top and bottom of the fence for the entire length of all the fence or is it for certain areas on the trail? a. The entire length top and bottom, with the exception of the gates. q. Is there a specific type of Filter Fabric mentioned in section 31 25 00? 1 do not see this section included in the Project Manual provided. a. Specification section 3125 00, is missing from the project manual issued for bid. Refer to re -issued Specification Section 3125 00 Erosion and Sediment Control attached to this addendum. q. Guardrail shown on sheet L1.04 doesn't specify which TxDot standard to be used. Metal posts vs. Wood posts or what type of end treatments to be utilized. Sorry, last question didn't go through correctly. a. Refer to new sheet METAL BEAM GUARD FENCE GF (31) TR TL3-20 attached to this addendum. q. Please confirm that Stonestrong retaining wall block is an acceptable alternative product to Redi-Rock. Stonestrong is also a Large Gravity -Style Concrete retaining wall block. a. There are no acceptable alternatives to Redi-Rock. Redi-Rock was used on previous phases and consistency is required. q. Sheet DM1.05 Shows an existing light pole to be relocated but the new locations is not shown nor is any detail given on the foundation for the new location. There doesn't seem to be a bid item to account for relocation either. a. Refer to re -issued sheet L 1.05 attached to this addendum. q. Are you planning on adding a line item for water meter / gas valve box adjustments in this area? There are both of these items along the street that are not marked in the plans. a. Refer to re -issued Specification Section 02 41 14 Utility Removal/Abandonment attached to this addendum. q. Can you explain how to construct a segmental wall section when the blocks come in set vertical height dimensions placed level. The plans do not indicate where that occurs .There also are no bottom of wall elevations or a given dimension below finished grade .The wall on the downhill side of the trail doesn't give any information to know what the wall height would be.. There is a note on L2.02 that says Trail to be sloped towards the west a min. of 1 % cross slope. This will be shown on plans for final set delivery .Does that mean that we are bidding off of a preliminary set of plans . a. The awarded contractor will be provided with all electronic information on top and bottom of wall elevations. For bidding quantity information please contact the Redi-Rock vendor contact listed. q. Can we use or equal block suppliers and how does the wall pay from bottom of wall to top of wall. a. There are no acceptable alternatives to Redi-Rock. Redi-Rock was used on previous phases and consistency is required. The wall is paid per SF, all items necessary to construct the wall per sheet S-7 should be included in the SF unit price. END OF ADDENDUM #2 Bid Opening Date: November 14, 2024 — 2:00 pm Acknowledge the receipt of this Addendum on your Proposal. I&I Fo . By: Carlos Gonzalez, Project Manager Release Date: November 8, 2024 ADDENDUM #3 Lake Worth Trail Phase 1 C November 12, 2024 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. BONFIRE PUBLIC FILES REFER TO BONFIRE PUBLIC FILES: 1) Replace Bid Proposal Workbook-1 C Rev04302024.xls file in Bonfire with Bid Proposal Workbook-1C Addendum No. 3.xls file. 00 42 43 — PROPOSAL FORM - The proposal form was updated, due to questions in Bonfire. END OF ADDENDUM #3 Bid Opening Date: November 14, 2024 — 2:00 pm Acknowledge the receipt of this Addendum on your Proposal. Fo By: Carlos Gonzalez, Project Manager Release Date: November 12, 2024 ADDENDUM #4 Lake Worth Trail Phase 1 C November 14, 2024 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. REFER TO SPECIFICATIONS: 1) Replace Section 00 11 13 — INVITATION TO BIDDERS with the attached revised Section 00 11 13 — INVITATION TO BIDDERS. 00 11 13 — INVITATION TO BIDDERS — Bid opening was delay three weeks to November 21, 2024. 2) Replace Section 00 42 43 — PROPOSAL FORM in the spec book with the attached revised Section 00 42 43 — PROPOSAL FORM. 00 42 43 — PROPOSAL FORM — Line items No. 14 (Sodding) & No. 36 (Segmental Retaining Wall quartiles and description were updated. 3) Replace Section 00 45 40 — MINORITY BUSINESS EQUITY GOAL in the spec book with the attached Section 00 45 40 — BUSINESS EQUITY GOAL. 00 45 40 — BUSINESS EQUITY GOAL — Updated 2024 specification and new goal of 9.42°%. REFER TO BONFIRE PUBLIC FILES: 4) Replace Bid Proposal Workbook-1 C Addendum No. 3.xis file in Bonfire with Bid Proposal Workbook-1C Addendum No. 4.xls file. 00 42 43 — PROPOSAL FORM - The proposal form was updated, due to a bust in quantities for the retaining wall and sodding. END OF ADDENDUM #4 Bid Opening Date: November 21, 2024 — 2:00 pm Acknowledge the receipt of this Addendum on your Proposal. ,� By: Carlos Gonzalez, Project Manager Release Date: November 14, 2024 ADDENDUM #5 Lake Worth Trail Phase 1 C November 19, 2024 TO ALL BIDDERS: Please attach to your specifications. This addendum is hereby made a part of the Contract Documents and is issued to modify explain or correct the original drawings and/or project manual. PROJECT MANUAL REFER TO SPECIFICATIONS: 1) Replace Section 00 41 40 — BID FORM in the spec book with the attached revised Section 00 41 40 — BID FORM. 2) Replace Section 00 42 43 — PROPOSAL FORM in the spec book with the attached revised Section 00 42 43 — PROPOSAL FORM. BONFIRE PUBLIC FILES REFER TO BONFIRE PUBLIC FILES: 3) Replace Bid Proposal Workbook-1 C Addendum No. 4.xls file in Bonfire with Bid Proposal Workbook-1 C Addendum No. 5.xls file. 00 42 43 — PROPOSAL FORM - The proposal form was updated. END OF ADDENDUM #4 Bid Opening Date: November 21, 2024 — 2:00 pm Acknowledge the receipt of this Addendum on your Proposal. 6.�' Fo BY Carlos Gonzalez, Project Manager Release Date: November 19, 2024 0011 13 INVITATION TO BIDDERS Pagel of 3 SECTION 00 1113 INVITATION TO BIDDERS RECEIPT OF BIDS Electronic bids for the construction of Lake Worth Trails Phase IC (Project No. C01920) ("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, November 21, 20241. Bids will then be opened publicly and read aloud beginning at 2:00 PM CST in the City Council Chambers. Your submissions must be uploaded, finalized and submitted prior to the Project's posted due date. The City strongly recommends allowing sufficient time to complete this process (ideally a week prior to the deadline) to begin the uploading process and to finalize your submission. Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. The Bonfire portal can be accessed using Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled. Electronic submission is subject to electronic interface latency, which can result in transmission delays. All bidders or proposers assume the risk of late transmission/ submission. The City shall not be held liable if an interested bidder or proposer is unable to submit a complete bid/response before the published deadline due to transmission delays or any other technical issues or obstructions. The City strongly recommmends 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: httt)s://fortworthtexas. bonfirehub.com/t)ortal/?tab=oDenOpvortunities 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 frilly review each page of every document within their submission prior to submitting to ensure all documents are clear, legible, and complete. SUPPORT 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. CITY OF FORT WORTH Lake Worth Trail Phase IC STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CO1920 Revised 2/08/24 0011 13 INVITATION TO BIDDERS Page ? of 3 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: The Base bid will include the construction of apprx. 4,700 Lf of 10' wide concrete trail and sidewalks, related markings, and signage, trailheads through the north facing Trinity River valley slope in Camp Carter and adjacent roadways in the City of River Oaks. This base bid segment begins on the north end of Inspiration Ln in River Oaks and continues south along Nancy Ln, east on Amherst Ave, South on Yale Street, then west on Purdue Ave and South on Harvard St to where it enters Camp Carter Property. The Base Bid continues through Camp Carter to where the trail reaches the bottom of the of Trinity River valley at an existing gravel road nearby Anahuac Ave. Alternate 1 will include apprx. 486 LF of 10' wide compacted aggregate trail and fencing starting at the Camp Carter Private Drive south of the Trinity River heading north around their visitor's center, ending just north of Camp Carter property adjacent to Anahuac Ave. and the Trinity River. QUALIFICATION Certain improvements included in this project must be performed by a contractor or designated subcontractor who is qualified by the City at the time of bid opening. The procedures for 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 httns:Hfortworthtexas.bonfirehub.com/Dortal/?tab=oi)enOvnortunities, 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://fortworthtexas.bonfirehub.com/aortal/?tab=ODenOD_)ortunities, under the respective Project. PREBID CONFERENCE — Web Conference A prebid conference will be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE: October 30, 2024 TIME: 10:00 am Invitations with links to the web conferencing application will be distributed directly to those who have submitted an Expression of Interest. CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CO 1920 Revised 208%24 0011 13 INVITATION TO BIDDERS Page 3 of 3 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 will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. FUNDING Any Contract awarded under this .INVITATION TO BIDDERS is expected to be funded from revenues generated from Resolution of Lake Worth Gas Lease Capital Funds and reserved by the City for the Project. ADVERTISEMENT DATES I" Advertisement October 16, 2024 2°d Advertisement October 23, 2024 END OF SECTION CITY OF FORT WORTH Lake Worth Trail Phase IC STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised 2/08/24 0021 13 INSTRUCTIONS TO BIDDERS SECTION 00 2113 INSTRUCTIONS TO BIDDERS 1. Defined Terms Page I of 9 I.I. Capitalized terms used in these INSTRUCTIONS TO BIDDERS are defined in Section 00 72 00 - GENERAL CONDITIONS. 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the meanings indicated below which are applicable to both the singular and plural thereof 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work. contemplated under the Contract Documents. 1.2.2. Nonresident Bidder: Any person, firm, partnership, company, association, or corporation acting directly through a duly authorized representative, submitting a bid for performing the work contemplated under the Contract Documents whose principal place of business is not in the State of Texas. 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City (on the basis of City's evaluation as hereinafter provided) makes an award. 2. Copies of Bidding Documents 2.1. Neither City nor Engineer shall assume any responsibility for errors or misinterpretations resulting from the Bidders use of incomplete sets of Bidding Documents. 2.2. City and Engineer in making electronic Bidding Documents available do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license or grant for any other use. 3. Qualification of Bidders (Prime Contractors and Subcontractors) 3.1. The City reserves the right to require any pre -qualified contractor who is the apparent low bidder for a project to submit such additional information as the City, in its sole discretion may require, including but not limited to manpower and equipment records, information about key personnel to be assigned to the project, and construction schedule to assist the City in evaluating and assessing the ability of the apparent low bidder to deliver a quality product and successfully complete projects for the amount bid within the stipulated time frame. Based upon the City's assessment of the submitted information, a recommendation regarding the award of a contract will be made to the City Council. Failure to submit the additional information, if requested, may be grounds for rejecting the apparent low bidder as non -responsive. Affected contractors will be notified in writing of a recommendation to the City Council. CITY OF FORT WORTH Lake worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 2 of 9 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 4,1. Before submitting a Bid, each Bidder: 4.1.1. Shall examine and carefully study the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to in Paragraph 4.2. below). No information given by City or any representative of the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.2. Should visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work. 4.1.3. Shall consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work. 4.1.4. Shall study all: (i) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in the Contract Documents as containing reliable "technical data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Contract Documents as containing reliable "technical data." 4.1.5. Is advised that the Contract Documents on file with the City shall constitute all of the information which the City will famish. All additional information and data which the City will supply after promulgation of the formal Contract Documents shall be issued in the form of written addenda and shall become part of the Contract Documents just as though such addenda were actually written into the original Contract Documents. No information given by the City other than that contained in the Contract Documents and officially promulgated addenda thereto, shall be binding upon the City. 4.1.6. Should perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. For projects with restricted access, upon request, City may provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 3 of 9 4.1.7. Shall determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for frill and complete information upon which the proposal is to be based. It is understood that the submission of a proposal or bid is prima -facie evidence that the Bidder has made the investigations, examinations and tests herein required. 4.1.8. Shall promptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.1.9.Indicate their intent to bid by selecting "yes" in the Procurement Portal under the Intent to Bid section. You must indicate your intent to bid to be able to submit a bid to the City. 4.2. Reference is made to Section 00 73 00 — Supplementary Conditions for identification of 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by City in preparation of the Contract Documents. The .logs of Soil. Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by City in preparation of the Contract Documents. 4.2.3. copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 4.2.4.Standard insurance requirements, coverages and limits. CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SP.EC,IFICATION DOCUMENT CO1920 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder: (i) that Bidder has complied with every requirement of this Paragraph 4, (ii) that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, (iii) that Bidder has given City Written notice of all conflicts, errors, ambiguities and discrepancies in the Contract Documents and the written resolutions thereof by City are acceptable to Bidder, and when said conflicts, etc., have not been resolved through the interpretations by City as described in Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work. 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract Documents. 5. Availability of Lands for Work, Etc. 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for access thereto and other lands designated for use by Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by City unless otherwise provided in the Contract Documents. 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- of-way, easements, and/or permits are not obtained, the City reserves the right to cancel the award of contract at any time before the Bidder begins any construction work on the project. 5.3. The Bidder shall be prepared to commence constriction 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 CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CO 1920 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 5 of 9 httos://fortworthtexas.bonfirehub.com/portai/?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 httDs://fortworthtexas.bonfirehub.com/portal/?tab=openopportunities 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or INVITATION TO BIDDERS. Representatives of City will be present to discuss the Project. Bidders are encouraged to attend and participate in the conference. City will transmit to all prospective Bidders of record such Addenda as City considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective. 7. Bid Security 7.1. Each Bid must be accompanied by a Bid Bond made payable to City in an amount of five (5) percent of Bidder's maximum Bid price, on the form attached or equivalent, issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. 7.2. The Bid Bonds provided by a Bidder will be retained until the conditions of the Notice of Award have been satisfied. If the Successful Bidder fails to execute and return the Contract Documents within 14 days after the Notice of Award conveying same, City may consider Bidder to be in default, rescind the Notice of Award and act on the Bid Bond. Such action shall be City's exclusive remedy in the event Bidder is deemed to have defaulted. 8. Contract Times The number of days within which, or the dates by which, Milestones are to be achieved in accordance with the General Requirements and the Work is to be completed and ready for Final Acceptance is set forth in the Agreement or incorporated therein by reference to the attached Bid Form. 9. Liquidated Damages Provisions for liquidated damages are set forth in the Agreement. CITY OF FORT WORTH Lake Worth Trail Phase tC STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 6 of 9 10. Substitute and "Or -Equal" Items The Contract, if awarded, will be on the basis of materials and equipment described in the Bidding Docuuments 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 01 25 00 of the General Requirements. 11. Subcontractors, Suppliers and Others 11.1. In accordance with the City's Business Equity Ordinance No.25165-10-2021 the City has goals for the participation of minority business and/or women business enterprises in City contracts $100,000 or greater. See Section 00 45 40 for the M/WBE Project Goals and additional requirements. Failure to comply shall render the Bidder as non -responsive. Business Equity Ordinance No.25165-10-2021, as amended (replacing Ordinance No. 24534-11-2020), codified at: https://codelibrary.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 Docuunents. 12.21. All blanks on the Bid Form must be completed and the Bid Form signed electronically or signed in ink and scan. A Bid price shall be indicated for each Bid item, alternative, and unit price item listed therein. In the case of optional alternatives, the words "No Bid," "No Change," or "Not Applicable" may be entered. Bidder shall state the prices for which the Bidder proposes to do the work contemplated or furnish materials required. 12.3. Bids by corporations shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed. The corporate address and state of incorporation shall be shown below the signature. 12.4. Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title must appear under the signature accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature. 12.5. Bids by limited liability companies shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown. 12.6. Bids by individuals shall show the Bidder's name and official address. CITY OF FORT WORTH Lake Worth Trail Phase IC STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CO 1920 Revised/Updated 1,17 24 0021 13 INSTRUCTIONS TO BIDDERS Page 7 of 9 12.7. Bids by joint ventures shall be executed by each joint venttre 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 Forn, 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://fortworthtexas.bonfirehub.com/portal/?tab=openOpportunities. 15. Opening of Bids Bids will be opened and read aloud publicly. An abstract of the amounts of the base Bids and major alternates (if any) will be made available to Bidders after the opening of Bids. 16. Bids to Remain Subject to Acceptance All Bids will remain subject to acceptance for a minimum of 90 days or the time period specified for Notice of Award and execution and delivery of a complete Agreement by Successful Bidder. City may, at City's sole discretion, release any Bid and nullify the Bid security prior to that date. 17. Evaluation of Bids and Award of Contract 17.1. City reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if City believes that it would not be in the best interest of the Project to make an award to that Bidder. City reserves the right to waive informalities not involving price, contract time or changes in the Work and award a contract to such Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figues and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words. CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised/Updated 1/17/24 0021 13 INSTRUCTIONS TO BIDDERS Pa.-e 8 of 9 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists among the Bidders, Bidder is an interested party to any litigation against City, City or Bidder may have a claim against the other or be engaged in litigation, Bidder is in arrears on any existing contract or has defaulted on a previous contract, Bidder has performed a prior contract in an unsatisfactory manner, or Bidder has uncompleted work which in the judgment of the City will prevent or hinder the prompt completion of additional work if awarded. 17.2. In addition to Bidder's relevant prequalification requirements, City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work where the identity of such Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 3 5 % of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, the City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located. 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contract award, a Notice of Award will be issued by the City. 17.7.1. The contractor is required to full 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 https://www.ethics.state.tx.us/data/forms/1295/1295.pdf 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement CITY OF FORT WORTH Lake Worth Trail Phase IC STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CO1920 Revised/Updated 1i17/24 0021 13 INSTRUCTIONS TO BIDDERS Page 9 of 9 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 Lake Worth Trail Phase IC STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised/Updated 1/1.7/24 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST STATEMENT Each bidder, offeror or respondent (hereinafter referred to as "You") to a City of Fort Worth procurement may be required to complete a Conflict of Interest Questionnaire (the attached CIQ Form) and/or a Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) pursuant to state law. You are urged to consult with counsel regarding the applicability of these forms to your company. The referenced forms may be downloaded from the links provided below. httD://www.ethics.state.tx.usiforms/CIQ.Ddf htti)://www.ethics.state.tx.us/forms/CIS.Ddf z CIQ Form does not apply ❑ CIQ Form is on file with City Secretary ❑ CIQ Form is being provided to the City Secretary ❑ CIS Form does not apply ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Cole Construction Inc. By: Jacob McGregor 10315 Alta Vista Rd Signature: ��f _- Fort Worth, Texas 76244 Tffle: lef Operating Officer END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 2020224 Bid Proposal Workbook-1C Addendum No.5 (1) 00 41 00 BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: City Project No.: CO1920 Units/Sections: UNIT 1 BASE BID ITEM - General Lake Worth Trail - Phase 1 C UNIT 2 BASE BID ITEM - Erosion Control UNIT 3 BASE BID ITEM - Trail UNIT 4 BASE BID ITEM - Miscellaneous Improvements UNIT 5 BASE BID ITEM - Structural Improvements UNIT 6 ALTERNATE BID ITEM UNIT 7 ALTERNATE ALLOWANCES 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20210930 Bid Proposal Workbook-1 C Addendum No.5 (1) 00 41 00 BID FORM Page 2 of 3 the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Qualification The Bidder acknowledges that the following work types must be performed only by qualified contractors and subcontractors: a. Concrete Paving Construction/Reconstruction (less than 15,000 sq yards) b. Roadway and Pedestrian Lighting c. Water and Sewer Improvements (Water) d. 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 275 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 4100 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Qualification Statement, Section 00 4512 g. Conflict of Interest Affidavit, Section 00 3513 *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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20210930 Bid Proposal Workbook-1C Addendum No.5 (1) 00 41 00 BID FORM Page 3 of 3 by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items Total Base Bid $2,288,896.49 Alternate Bid $210,994.90 Total Bid $2,499,891.39 7. Bid Submittal This Bid is submitted on 11/21/2024 by the entity named below. Respectfully sugrn' ed, (Receipt is acknowledged of the Initial �— following Addenda: By: JAddendum No. 1: (Signature) JAddendum No. 2: JAddendum No. 3: Jacob McGregor Addendum No. 4: (Printed Name) IS' v Title: Chief Operating Offict Company: Cole Construction Inc. Corporate Seal: Address: 10315 Alta Vista Rd Address Here or Space Fort Worth, Texas 76244 State of Incorporation: Texas Email: iacobrcDoolecon.com Phone: 817-431-9636 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20210930 Bid Proposal Workbook-1 C Addendum No.5 (1) 004243 BID PROPOSAL Page 1 or3 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist ltern description Specification I I Unit or I Bid Unit Price I Bid Value No Section No. Measure I quantity BASE BID UNIT 1 Ggnera, j 1 Construction Staking and Survey 01 71 23 LS 1 $2,407,17 $2,407.17 2 Protect Sinn 015813 EA 2 $1,683,54 $3,367.08 3 Traffic Control 3471 13 LS 1 $1,805.38 $1,805.38 4 Tree Protection (as shown in drawings) 32 01 90 LS 1 $6,495.35 $6,495.35 5 Temporary watering 33 04 30 LS 1 $27,241.19 $27,241.19 6 Miscellaneos Demo 31 00 00 LS 1 $792.68 $792.68 7 Clearinq and Grubbinq 31 00 00 LS 1 $73,811.03 $73,811.03 8 Mobilization 017000 LS 1 $33,100.73 $33,100.73 9 Mailbox Relocation See Drawings EA 1 $513.33 $513.33 BASE BID UNIT 'I TOTAL $149,533.941 UNIT 2 Erosion Control I 10 Stone Sediment Outlet Traps 31 37 00 EA 8 $484.39 $3.875.12 11 12" Diameter Filter Soxx 31 25 00 LF 2615 $6,08 $15,899.20 12 8" Diameter Filter Soxx 31 25 00 LF 1657 $5.44 $9,014.08 13 Construction Entrances 31 3700 LS 2 $3,237.53 $6,475.06 14 Grassing (Include 3' Sod Strip next to all new concrete) 32 92 13 LS 1 $108,362.27 $108,362.27 BASE BID UNIT 2 TOTALI $143,625.731 UNIT 3 Trait 15 Removal Concrete Driveway 0241 15 SF 250 $3.17 $792.50 16 Miscellaneous Saw Cuttina 0241 15 LS 1 $739.72 $739.72 17 Detectable Warnings TxDOT 529 EA 6 $1,072.50 $6,435.00 18 5" Thick Concrete Pad 321313 SF 225 $15.65 $3,521.25 19 Trail Excavation 31 1000 CY 2,213 $21.60 $47,800.80 20 Trail Embankment 31 24 00 CY 2,651 $22.19 $58,825.69 21 Borrow for Embankment 31 23 23 CY 438 $34,66 $15,181.08 22 Material Haul Off and Rock Disposal 31 1000 CY 3,561 $24.25 $86,354.25 23 Concrete Trail 10' Wide (Including Suba_ _rade Preol_ 32 13 13 SF 38,400 $8.80 $337,920.00 24 Finish Gradinq on Sides of Trail 31 91 13 LS 1 $4,515.42 $4,515.421 25 Trail Marker Stamp See Drawings EA 6 $132.39 $794,34 26 Concrete Sidewalk V Wide (Including Subgrade Prev) 321313 SF 2500 $9.76 $24,400.00 BASE BID UNIT 3 TOTALI $587,280.051 Cn'Y OF FORT WORTH STANDARD CONSrRtiC'rioN SPECIFICATION DOCUMFNrS Form Revised 20120120 Bid Proposal Workbook -IC Addendum No.5 0 1 SECTION 00 42 43 PROPOSALFORM Project Item Information Bidlist I em Description Specification No. Section No. UNIT 4 M jscellpnoous Improvements 00 42 43 BID PROPOSAL Page 2 of 3 lidder's Applicatiol Biddel"s Proposal Unit of I Bid Measure Unit Price Bid Value Quantity I 1 27 Woven Wire Fencing 32 31 26 LF 6291 $17.58 $110,595.78 28 Double Gate 32 31 13 EA 2 $2,400.00 $4,800.00 29 Single Gate 31 13 EA 4 $11200.00 $4,800.00 30 rH—eadwall .32 33 49 40 EA 9 $3,310.63 $29,795.67 1 31 132" RCP 33 41 10 LF 200 $137.78 $27,556.00 32 136" RCP 3341 10 1 LF 28 $252A3 $7,068.041 33 Y Inlet 33 41 10 11 EA 7 $6,679291 $39,755,031 34 1 Metal Beam Fence TxDOT 540 1 LF 1 $59.401 $17,226.001 1 35 lRoadwaySigns TxDOT 644 1 LS .290 1 1 $9,204,381 $9,204.38 BASE BID UNIT 4 TOTALI $250,800.901 UNIT 5 Structural Improvements 36 Segmental Retaining Wall (Includinp Cap) See Drawinns I SF 28,285 $39.84 $1,126,874.401 37 (Retaining Wall Drainage See Drawinos I LS $30,781.471 $30,781.471 BASE BID UNIT 5 TOTALI $1,167,655.871 BASE BID TOTALI $2,288,896.491 ALTERNATE BIDS UNIT I Add Alternate I Aqq_reoate Pathway See Drawings SF 4879_ $8.36 $40.713.20 2 Clearing and Grubbing 31 0 000 LS 1 $7,887.59 $7 887.59 3 Finish Grading 319113 LS 1 $3,401,67 $3,401.67 4 Barrier Fabric See Drawings SF 4870 1 $1.57 $7,645.90 5 12" Diameter Filter Soxx 312500 LF 975 $7.98 $7,780.50 6 Low Water Crossing See Drawings— LS I 1 $7,566.041 $7,566,041 ALTERNATE UNIT I TOTALI $74,994.901 UNIT 2 Add Alternate Allowance I Allowance No. 1 NA LS 1 $1,000.00 $1,000.00 2 Allowance No. 2 NA LS 1 $2,500.00 $2,500.00 3 Allowance No. 3 NA LS 1 $5,000.00 $5,000.00 4 Allowance No. 4 NA LS 1 $7,800.00 $7,500.00 6 Allowance No. 5 NA LS 1 $10,000.00 $10,000.00 6 No. 6 NA LS 1 $15,000.00 $15,000.00 7 JAloowance Allowance No. 7 NA LS 1 $20,000.00 $20,000.00 8 jAllowance No. 8 NA LS 1 $25,000.00 $25,000.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Bid Proposal workbook-1 C Addendum No.5 (1) UNIT PRICE BID IBidlist Item No. g Allowance No. 9 BASE BIDS I 1 UNIT 1 Total I 2 UNIT 2 Total 3 UNIT 3 Total I 4 UNIT 4 Total I 5 1UNIT 5 Total SECTION 00 42 43 PROPOSAL FORM Project Item Information Description ALTERNATE BIDS 1 UNIT 1 Total I 2 UNIT 2 Total TOTAL BIDS 1 BASE BID Total 2 ALTERNATE BIDS Total 00 42 43 BID PROPOSAL Page 3 of Bidder's Application Bidder's Proposal Specification Unit of Bid I Unit Price Bid Value Section No. Measure Quantity NA LS 1 $50.000.00 $50,000.001 ALTERNATE UNIT 2 TOTALI $136,000.001 ALTERNATE BID TOTAL $210,994.901 BID SUMMARY END OF SECTION $2,288,896.49 $149.633.94 $143,625.73 $587,280.05 $250,800.90 $1,157,655.87 TOTAL BASE BIDI $2,288,896.491 $74,994.901 $136,000.001 ALTERNATE BID TOTAL' $210,994.901 $2,288,896.49� $210.994.90 ALTERNATE BID TOTAL $2,499,891.391 CITY OP FORT WORTH STANDARD CONSTRUC110N SPECIFICATION DOCUMENTS Form Revised 20120120 Bid Proposal Workbook- IC Addendum No.5 (1) 00 43 13 BID BOND Page 1 of 2 SECTION 00 4313 BID BOND KNOW ALL BY THESE PRESENTS: r 1 - That we, Cole Construction, Inc. , known as "Bidder" herein and RLI Insurance Company a corporate surety duly authorized to do business in the State of Texas, known as "Surety" herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of five percent (5%) of Bidder's maximum bid price, in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid or proposal to perform Work for the following project designated as Lake Worth Trail - Phase 1C 0 NOW, THEREFORE, the condition of this obligation is such that if the City shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the City in accordance with the terms of such same, then this obligation shall be and become null and void. If, however, the Principal fails to execute such Contract in accordance with the terms of same or fails to satisfy all requirements and conditions required for the execution of the Contract, this bond shall become the property of the City, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate City for the difference between Principal's total bid amount and the next selected bidder's total bid amount. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the _14th day of November_--, 2024. PRINCIPAL: Cole Construction, Inc. BY: ATTEST: Witness as rind I Name and title CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20170911 00 410000 43 13_00 42 43_00 43 37_00 46 1200 3613_81d Proposal Workbook-1C.As 00 43 13 BID BOND Page 2 of 2 Wit!r%ss as to ty Attach Power of Attorney (Surety) for Attomey-in-Fact Address: 10315 Alta Vista Rd Fort Worth, TX 76244 SURETY: RLI Insurance Company BY: /1 tO CU " natur� t' 0 Holly Clevenger, Attorney -in -Fact Name and Title Address: 9025 N. Lindbergh Drive Peoria, IL 61615 Telephone Number: 309-692-1000 'Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20170911 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook-1C As Bid Bond CONTRACTOR: (.mire, legal status and a&frecv) Cole Construction, Inc. 10315 Alta Vista Rd Fort Worth, TX 76244 OWNER: {,4/amne, legal starers arrd address) City of Fort Worth 100 Fort Worth Trl Fort Worth, TX 76102 BOND AMOUNT: $ 5% Document A310 TM - 2010 Conforms with The American Institute of Architects AIA Document 310 SURETY: (Xmere, legal status wtd principal place of havines ) RLI Insurance Company 9025 N. Lindbergh Drive Peoria. IL 61615 Five Percent of Amount Bid PROJECT: hVerme• loca ion or address a►rcl Project number, if arrv) Lake Worth Trail Phase 1C This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severalty, as provided herein. The conditions of this e Bond are such that if the Owner accepts the bid of the Contractor within the tinspecified in the bid documents, or within such tine period as tray be agreed to by the Uvviter and Contractor, and the Contractor cither (l) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and other%vise acceptable to the 0imicr, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof. or (2) pays to the Owner the dil crcnec, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the 0,.vner may in good faith contract with another party to per(imn the work covered by mid bid, then this obligation shall be null and void, otherwise to remain in lidl force and ellect, The Surety hereby %valves any notice Elf an agreement between the Owner and Contractor to extend the time in which the Owner may accept file bid. Waiver oI notice Mr the Surety shall not apply It/ any extension exceeding sixty (60) days in the aggregate beyond the little for acceptance ofbids speci lied in the bid documents, and ale O1wiier and Contractor shall obtain (lie Surcty�s consent fir an extension beyond sixty (60) days. If this Bond is issued in connection vwith a subcontractor's bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the terns Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in Elie location of the project, any pn)vixion ill (his Bond conllicting with said statutory or legal requirement shall be deemed deleted herefiom and provisions confilmling to such statutory or other legal requirement shall be deemed incorporated herein. When so I'umished. the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Smiled and scaled this 14th day of November, 2024 (/�- (- q - (Witness) Cole Construction, Inc. (Principal) By: RLI Insurance Company r-wal) ,..ltltyt/i�lf ko (SCalJ3? G�ppo%AT�- P/ SEAL n-Fact ;y '6• I.iN©So S-0054/AS 8110 RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone., 800-645-2402 Bond No. Bid Bond Know AM Men by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes, but may be detached by the approving officer if desired. That this Power of Attorney may be effective and given to either or both of 111,11 Insurance Company and Contractors Bonding and Insurance Company. required for the applicable bond, That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Holly Clevenger in the City of Dallas State of 'TX it's true and lawful Agent and Attorney in Fact, with full power and authority hereby conferred upon him/her to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an arnount not to exceed Seventy Five Million Dollars ($75.000,000) for any single obligation, and specifically for the following described bond. Principal: Cole Construction, Inc. Obligee: ��l of Fort Worth RU Insurance Company and Contractors Bonding and Insurance Company, as applicable. have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be executed in the corporate name of the Corporation by the President, Secretary, any Assistant Secretary. Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant (Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings In the name of the Corporation. The corporate seal Is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may be printed by facsimile or other electronic linage." IN WITNESS WHI-',REOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company. as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this 24th day of F SFAL,,- State of Ohio Ss County of Cuyahoga On this 24ib , day of January _... _202•L. before me. a Notary Public, personally appeared Who being by me duly sworn, acknowledged that lie signed the aho�c Po'W"CT of Attorney as the aforesaid officer of the RLI Insurance Company andlor Contractors Bonding and Insurance Company, and acknowledged said instrument to be the voluntary act and deed f.sald corporation, By: Jill A. Sc:17t)j Notary Public JILLASCOrT Platary public State cif Ohl* 0 my Comm. Expires a - SLeite-rbef 22. 2025 RLI Insurance Company Contractors Bonding and Insurance Company Eric Riudins Sr. Vice President CERTIFICATE 1, the undersigned officer of RLI Insurance Company andior Contractor-, Bonding avid Insurance Company, do hereby certiry that the attached Power of Attorney is in full fora: and of and is irrevocable, and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company andior Contractors Bonding and Insurance Company this 14th day of November 2024 RLI Insurance Company Contractors Bonding and Insurance Company By: , t�_]d4IIA4 1) Jeffrey is Corporate Secretary A00AI 124 RLI RLI P.O, Box 396 Company P.O. Box 3967 t'eoria,lL 6I612.3967 Phone:309-692-1000 Fox:309-683-1610 TEXAS IMPORTANT NOTICE To obtain information or make a complaint: You may call RLI Insurance Company's toll free telephone number for information or to make a complaint at 800-645-2402. You may also write to RLI Insurance Company at: 9025 N. Lindbergh Drive Peoria, IL 61615 FAX # 309-683-1610 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at l -800-252-3439 You may also write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax Number: (512) 490-1007 Web: www.tdi.texa.s.eov E-mail: ConsumerProtection(@tdi.texas.aov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent first. if the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Tees Policyholder Notice TEXAS AVISO IMPORTANTE Para obtener information o para presentar una queja: Usted puede Ilamar al numero de telefono gratuito de RLI Insurance Company para obtener informacion o para presentar una queja al 800-645-2402. Usted tambien puede escribir a RLI Insurance Company: 9025 N. Lindbergh Drive Peoria, IL 61615 FAX # 309-683-1610 Usted puede comunicarse con el Departamento de Seguros de Texas para obtener informacion sobre companias, coberturas, derechos o quejas al 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax Number: (512) 490-1007 Sitio web: www.tdi.texasx-ov E-mail: ConsumerProtectionO..tdi.texas.eov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con reclamacion, usted debe comunicarse con el agente primero. Si la disputa no es resuelta, puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA: .Este aviso es solamente para propositos informativos y no se convierte en parte o en condicion del documento adjunto. UW 1042-S(08/15) M4201815 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know A11114en by These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Jack M. Crowlev. Deborah Enelish. Luke J. Nolan Jr.. Daphne Massev. Julie M. Decker. Joshua Sanford. Brendan Fletcher. Laurie Pflue. Holly Cleveneer, iointiv or severally in the City of Dallas , State of Texas its true and lawful Agent(s) and Attomey(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Twenty Five Million Dollars ( $25.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Vice President with its corporate seal affixed this 19th day of September 2022 `"p,"u""q..�''' RLI Insurance Company p••a %06 ANo,,y ' ,. JMNCE F Contractors Bonding and Insurance Company Qq; 10 oavog4r : o =J;' ay.- . % o = —•— SEAL _ : SEAL : = By: - :;so•, ; i Barton W. Davis Vice President ,u t. State of Illinois •,,,, ��< < f N 0%5 1�UNpa6 .� } SS County of Peoria ) CERTIFICATE On this 19th day of September , 2022 , before me, a Notary Public, personally appeared Barton W. Davis , who being by me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of the RLI Insurance Company and/or Contractors Bonding and Insurance Company and acknowledged said instrument to be the voluntary act and deed of said corporation. By: &NU")L 60t� Catherine D. Glover Notary Public CATHERINE D. GLOVER OFFICIAL SEAL auuc Notary Public - suf'tft of III u� My C,orwrabtion Exia,N Mauch 24.2024 1, the undersigned officer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby certify that the attached Power of Attorney is in fuU force and effect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attorney, is now in force. In testimony whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 14th day of November . 2024 . RLI Insurance Company Contractors Bonding and Insurance Company By: Jeffrey V� Corporate Secretary 4224953020212 A0058 D 19 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank , our principal place of business, are required to be % Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. 0 BIDDER: Cole Construction Inc. By: Jacob McGregor 10315 Alta Vista Rd Address Here or Space (Signature) Fort Worth, Texas 76244 itle: Chief Operating Officer Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Bid Proposal Workbook-1C Addendum No.5 (1) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 a 00 45 26 - l CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I SECTION 00 45 26 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. C01920 Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: 201e- Jar,,J f% 0 J; o r11I (MCI Company l03(5A.,v'lAPd. Address City/State/Zip THE STATE OF TEXAS § COUNTY OFTARRANT § retie.. lip (Pleas nt) Signature: Title: Owfxr (Please Print) BEFORE ME, the undersigned authority, on this day personally appeared <—Is"llb ,—Q4--C"ft.QA-1f, , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this \C--� day of 2o�v Karla L DYe MY C°mmission Expires 101412025 - Notary Public in and or th ate of Texas Notary ID a 129583299 i► END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised July 1, 2011 Lake Worth Trail Phase IC C01920 00 45 40 - 1 Business Equity Goal Page 1 of 3 1 SECTION 00 45 40 2 Business Equity Goal 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is 5100,000 or more, then a Business Equity goal is applicable. 6 A Business Equity Firm refers to certified Minority-, and/or Women-, owned Business 7 Enterprises (M/WBEs). 0 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation of Business 11 Equity Firms when applicable, in the procurement of all goods and services. All requirements 12 and regulations stated in the City's Business Equity Ordinance No.25165-10-2021, (replacing 13 Ordinance No. 24534-11-2020 (codified at: 14 https://codelibrarv.amlegaI.com/codes/ftworth/latest/ftworth tx/0-0-0-22593) apply to this 15 bid. 16 17 BUSINESS EQUITY PROJECT GOAL 18 The City's Business Equity goal on this project is 9.42% of the total bid value of the contract (Base 19 bid applies to Parks and Community Services). 20 21 METHODS TO COMPLY WITH THE GOAL 22 On City contracts where a Business Equity Goal is applied, offerors are required to comply with 23 the City's Business Equity Ordinance by meeting or exceeding the above stated goal or otherwise 24 comply with the ordinance through one of the following methods: 1. Commercially useful 25 services performed by a Business Equity prime contractor, 2. Business Equity subcontracting 26 participation, 3. Combination of Business Equity prime services and Business Equity 27 subcontracting participation, 4. Business Equity Joint Venture/Mentor-Protege participation, S. 28 Good Faith Effort documentation, or 6. Prime contractor Waiver documentation. 29 30 SUBMITTAL OF REQUIRED DOCUMENTATION CITY OF FORT WORTH Lake Worth Trail Phase 1C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised June 7, 2024 00 45 40 - 2 Business Equity Goal Page 2 of 3 1 Applicable documents (listed below) must be submitted electronically with the other required 2 bidding documents at the time of the bid under the respective Project via the Procurement Portal: 3 httr)s://fortworthtexas.bonfirehub.com/portal/?tab=ooenOpgortunities 4 OR received no later than 2:00 p.m., on the third City business day after the bid opening date, 5 exclusive of the bid opening date with the respective Project via the Procurement Portal by 6 responding to the message sent within Bonfire to all the bidders. It is highly encouraged that 7 bidders submit required documentation at the time of bid submission. E-3 9 The Offeror must submit one or more of the following documents: 10 1. Utilization Form and Letter(s) of Intent, if the goal is met or exceeded; 11 2. Letter of Intent, for all M/WBE Subcontractors; 12 3. Good Faith Effort Form and Utilization Form, including supporting documentation, if 13 participation is less than stated goal, or no Business Equity participation is accomplished; 14 4. Prime Contractor Waiver Form, including supporting documentation, if the Offeror will 15 perform all subcontracting/supplier opportunities; or 16 5. Joint Venture/Mentor-Protege Form, if goal is met or exceeded with a Joint Venture or 17 Mentor -Protege participation. IN 19 These forms can be accessed at: 20 Business Equity Utilization Form and Letter of Intent 21 https://apps.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/Business Equitv 22 Utilization Form DVIN 2022 220324.pdf 23 24 Letter of Intent 25 https://apps.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/Letter of 26 Intent DVIN 2021.pdf 27 28 Business Equity Good Faith Effort Form CITY OF FORT WORTH Lake Worth Trail Phase 1C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised June 7. 2024 004540-3 Business Equity Goal Page 3 of 3 1 httos://apps.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/Good Faith Effort 2 Form DVIN 2022.pdf C3 4 Business Equity Prime Contractor Waiver Form 5 https://apps.fortworthtexas.gov/ProjectResources/ResourcesP/60 - MWBE/MWBE Prime 6 Contractor Waiver-220311odf 7 8 Business Equity Joint Venture Form 9 https://apps.fortworthtexas.gov/ProiectResources/ResourcesP/60 - MWBE/MWBE Joint 10 Venture 220225.pdf 11 12 13 FAILURE TO ACHIEVE THE GOAL OR OTHERWISE COMPLY WITH THE ORDINANCE WILL RESULT 14 IN THE BIDDER/OFFEROR BEING DECLARED NON -RESPONSIVE AND THE BID REJECTED. 15 16 17 FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUITY DOCUMENTATION OR OTHERWISE 18 COMPLY WITH THE ORDINANCE WILL RESULT IN THE BID BEING DECLARED NON -RESPONSIVE, 19 THE BID REJECTED AND MAY SUBJECT THE BIDDER/OFFEROR TO SANCTIONS AS DESCRIBED IN 20 SEC. 20-373 OF THE ORDINANCE. 21 22 For Questions, Please Contact the Business Equity Division of the Access and Opportunity 23 Services Department at (817) 392-2674. 24 END OF SECTION 25 CITY OF FORT WORTH Lake Worth Trail Phase 1C STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 1920 Revised June 7, 2024 00 52 43 - 1 Agreement Pagel of 6 SECTION 00 52 43 AGREEMENT THIS AGREEMENT, authorized on Mav 20. 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 Cole Construction Inc, 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: Lake Worth Trail Phase I Project No. C01920 Article 3. CONTRACT PRICE City agrees to pay Contractor for perfonnance of the Work in accordance with the Contract Documents an amount, in current fields, of Two million four hundred ninetv-nine thousand eieht hundred ninetv-one and thirtv-nine cents ($2,499,891.39). 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 275 Cal. days after the date when the Contract Time commences to rani, 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 darnages for delay (but not as a penalty), Contractor shall pay City Seven Hundred and Seventv Five Dollars ($775.00) 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 Lake Worth Trail Phase IC: STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CO1920 Revised December 8, 2023 00 52 43 - 2 Agreement Page 2 of 6 Article 5. CONTRACT DOCUMENTS 5.1 CONTENTS: A.The Contract Documents which comprise the entire agreement between City and Contractor concerning the Work consist of the following: 1. This Agreement. 2. Attachments to this Agreement: a. Bid Form 1) Proposal Form 2) Vendor Compliance to State Law Non -Resident Bidder 3) Prequalification Statement 4) State and Federal documents (project specific) b. Current Prevailing Wage Rate Table c. :Insurance Certification Fonn (ACORD or equivalent) d. Payment Bond e. Performance Bond f Maintenance Bond g. Power of Attorney for the Bonds h. Worker's Compensation Affidavit i. MBE and/or SBE Utilization Form 3. General Conditions, 4. Supplementary Conditions. 5. Specifications specifically made a part of the Contract Documents by attachment or, if not attached, as incorporated by reference and described in the Table of Contents of the Project's Contract Documents. 6. Drawings. 7. Addenda. 8. Documentation submitted by Contractor prior to Notice of Award. 9. The following which may be delivered or issued after the Effective Date of the Agreement and, if issued, become an incorporated part of the Contract Documents: a. Notice to Proceed. b. Field Orders. c. Change Orders. d. Letter of Final Acceptance. Article 6. I.NDEMNIFICATION 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the city, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licenses or invitees under this contract. This indemnification provision is specifically intended to operate and be effective even if it is alleged or proven that all or some of the damages being sought were caused, in whole or in part, by anv act, omission or negligence of the city. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the city in defending against such claims and causes of actions. CITY OF FORT WORTH Lake Worth Trail Phase 1C" STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CO1920 Revised December 8, 2023 005243-3 Agreement Page 3 of 6 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the city, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the city, arising out of, or alleged to arise out of, the work and services to be performed by the contractor, its officers, agents, employees, subcontractors, licensees or invitees under this contract. This indemnification Provision is suecificalty intended to operate and be effective even if it is alleLFed or Proven that all or some of the damaLres beine sought were caused, in whole or in part, by anv act. omission or nealieence of the city. Article 7. MISCELLANEOUS 7.1 Terms. Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 7.2 Assignment of Contract. This Agreement, including all of the Contract Documents may not be assigned by the Contractor without the advanced express written consent of the City. 7.3 Successors and Assigns. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, in respect to all covenants, agreements and obligations contained in the Contract Documents. 7.4 Severability/Non-Waiver of Claims. Any provision or part of the Contract Documents held to be unconstitutional, void or unenforceable by a court of competent jurisdiction shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor. The failure of City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any filture 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 fiends 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 fluids have been appropriated. CITY OF FORT WORTH Lake Worth Trail Phase IC STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CO 1920 Revised December 8.2023 005243-4 Agreement Page 4 of 6 7.8 Prohibition On Contracts With Companies Boycotting Israel. Contractor, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Contractor has 10 or more full time -employees and the contract value is $100,000 or more, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel." and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that if Chapter 2271, Texas Government Code applies, Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 7.9 Prohibition on Boycotting Energy Companies. Contractor acknowledges that in accordance with Chapter 2276 of the Texas Government Code, the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terns 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 fiends 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 fireann entity or firearm trade association; and (2) will not discriminate during the tern 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 Lake Worth Trail Phase IC STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C I920 Revised December 8, 2023 005243-5 Agreement Page 5 of 6 7.11 Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Contractor shall. provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 7.12 No Third -Party Beneficiaries. This Agreement gives no rights or benefits to anyone other than the City and the Contractor and there are no third -party beneficiaries. 7.13 No Cause of Action Against Engineer. Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their sureties, shall maintain no direct action against the Engineer, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the City will be the beneficiary of any undertaking by the Engineer. The presence or duties of the Engineer's personnel at a construction site, whether as on -site representatives or otherwise, do not make the Engineer or its personnel in any way responsible for those duties that belong to the City and/or the City's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the Contract Documents and any health or safety precautions required by such construction work. The Engineer and its personnel have no authority to exercise any control. over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. CITY OF FORT WORTH Lake Worth Trail Phase IC STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CO I920 Revised December 8, 2023 005243-6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractor: By: Signatur Kenneth Thorne (Printed Name) President Title 10315 Alta Vista Road Address Fort Worth, Tx. 76224 City/State/Zip Date City of Fort Worth By: Dana Burghdoff (JuI , 2025105 CDT) Dana Burghdoff Assistant City Manager 07/02/2025 Date Attest: RonJldkonzales �l ((�,'�' Jannette Goodall, City Secretary (Seal) M&C: 25-0459 Date: Mav 20.2025 Q vvnpn PORT �aL Cg....,,�9�dd op °duo °sd a°od ddpn nEo . Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all perfonnance and reporting requirements. Carlos M Gonzalez Park Planner Approved as to Forin and Legality: Douglas Black (Jul 2.2025 10:57 CDT) Douglas W. Black Sr. Assistant City Attorney APPROVAL JocElhany `� — Dave Lewis Dire t r , s�� Park & Recreation Department SP �/ -,L JY CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised December 8, 2023 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Lake Worth Trail Phase I CO 1920 Bond No. RCB0043780 0061 13 - 1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Cole Construction Inc. known as "Principal" herein and 9 RLI Insurance Company , a corporate surety duly authorized to do 10 business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly 11 bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, 12 known as "City" herein, in the penal sum of, Two million four hundred ninetv-nine thousand eieht 13 hundred ninetv-one and thirty-nine cents ($2,499,891.39), lawful money of the United States, to be 14 paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, 15 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 16 severally, firmly by these presents. 17 WHEREAS, the Principal has entered into a certain written contract with the City 18 awarded the 20 day of May, 2025, which Contract is hereby referred to and made a part hereof for 19 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 Lake Worth Trail Phase 1C, Proiect No. CO1920 22 23 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully 25 perform the Work, including Change Orders, under the Contract, according to the plans, 26 specifications, and contract documents therein referred to, and as well during any period of 27 extension of the Contract that may be granted on the part of the City, then this obligation shall be 28 and become null and void, otherwise to remain in full force and effect. . 29 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 30 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 31 Worth Division. CITY OF FORT WORTH Lake Worth Trail Phase 1 C STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised December 8.2023 006113-2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 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 11th day of June 2025. ATTEST: (Pri pal) Secretary itnel5 as to Principal 2�� Witness as to Surety Liam Russell, Witness PRINCIPAL: Cole Construction. Inc. _ , J BY: ' Sign e Kenneth Thorne. President Name and Title Address: 10315 Alta Vista Road Fort Worth. Tx. 76244 SURETY: RLI Insurance Company BIZ� a e Michelle Anne M ahon, Attorney -In -Fact Name and Title Address: 9025 N. Lindberch Drive Pecria, IL 61615. Telephone Number: (309) 692-1000. Email Address: monte.forsyth(aDrlicorp.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. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENT Revised December 8, 2023 Lake Worth Trail Phase I C01920 • Bond No. RCB0043780 0061 14 - 1 PAYMENT BOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That «ve, Cole Construction Inc. known as "Principal" herein, and 9 RLI Insurance Company , a corporate surety 10 (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether 11 one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation 12 created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of, 13 Two million four hundred ninety-nine thousand eight hundred ninety-one and thirtv-nine cents 14 ($2,499,891.39), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 15 Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, 16 executors, administrators, successors and assigns, jointly and severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 20 day of May, 2025, which Contract is hereby referred to and made a part hereof for all purposes 19 as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined 20 by law, in the prosecution of the Work as provided for in said Contract and designated as Lake 21 Worth Trail Phase 1C, Proiect No. C01920 22 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 23 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 24 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 25 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 26 force and effect. 27 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 28 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 29 accordance with the provisions of said statute. 30 CITY OF FORT WORTH Lake Worth Trail Phase 1C STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 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 11 th day of 3 June 2025 4 5 6 7 8 9 10 11 12 ATTEST: (Pri cipal) Secretary Wi a�cipal ATTEST: rety) Secretary As Alexis. Witness Witness as to Surety Liam Russell. Witness PRINCIPAL: Cole Construction. Inc. BY: Signature Kenneth Thorne, President Name and Title Address: 10315 Alta Vista Road Fort Worth, Tx. 76244 SURETY: RLI Insurance Company BY: / Signature Michelle Anne McMahon, Attorney -In -Fact Name and Title Address: 9025 N. Lindberah Drive Peoria, IL 61615. Telephone Number: (309) 692-1000. Email Address: monte.forsyth@riicorp.com Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH Lake Worth Trail Phase 1C STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised December 8, 2023 Bond No. RCB0043780 0061 19 - 1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Cole Construction Inc. known as "Principal" herein and 9 RLI Insurance Company a corporate surety (sureties, if more than 10 one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one 11 or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created RLI Insur nce Corppany 12 pursuant to the laws of the State o Texas, known as "City" herein, in the sum of, Two million four 13 hundred ninety-nine thousand eight hundred ninety-one and thirty-nine cents ($2A99,891.39), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for payment 15 of which sum well and truly be made unto the City and its successors, we bind ourselves, our heirs, 16 executors, administrators, successors and assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the 20 day of May, 2025 which Contract is hereby referred to and a made part hereof for all purposes 20 as if fully set forth herein, to furnish all materials, equipment labor and other accessories as defined 21 by law, in the prosecution of the Work, including any Work resulting from a duly authorized 22 Change Order (collectively herein, the "Work") as provided for in said contract and designated as 23 Lake Worth Trail Phase 1 C, Proiect No. CO 1920; and 24 25 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 26 accordance with the plans, specifications and Contract Documents that the Work is and will remain 27 free from defects in materials or workmanship for and during the period of two (2) years after the 28 date of Final Acceptance of the Work by the City ("Maintenance Period"); and 29 30 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part upon 31 receiving notice from the City of the need therefor at any time within the Maintenance Period. 32 CITY OF FORT WORTH Lake Worth Trail Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised December 8, 2023 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 006119-2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void; otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH Lake Worth Trail Phase 1C STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised December 8, 2023 006119-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 11th day of June 3 2025. 4 5 6 7 8 9 10 11 ATTES 12 ' 13 14 ( cipal) Secretary 15 16 17 18 19 20 ess as to P ' ipal 21 22 23 24 25 26 27 28 29 ATTEST: a 3 31 32 (Surety) Secr Ashley Alexis, Witness 33 34 35 Witness Ito Surety Liam Russell, Witness 36 37 PRINCIPAL: Cole Construction, Inc. BY: Sig e Kenneth Thome. President Name and Title Address: _10315 Alta Vista Road Fort Worth. Tx. 76244 SURETY: RLI Insurance Company BY: /// f - Signature Michelle Anne McMahon, Attomey-In-Fact Name and Title Address: 9025 N. Lindbergh Drive Peoria, IL 6161 S. Telephone Number: (309) 692-1000. Email Address: monte.forsyth(dD_Hicorp.com 38 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH Lake Worth Trail Phase 1C STANDARD CONSTRUCTION SPECIFICATION DOCUMENT C01920 Revised December 8, 2023 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria, IL 61615 Phone: 800-645-2402 Know Ali' 11ien btr These Presents: That this Power of Attorney is not valid or in effect unless attached to the bond which it authorizes executed, but may be detached by the approving officer if desired. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each an Illinois corporation, (separately and together, the "Company") do hereby make, constitute and appoint: Joshua Sanford. Michelle Anne McMahon. Samuel Beeun. Kathrvn Prvor. Gentry Stewart. Jennifer Godere. Jonathan Gleason, Nicholas Miller, Sarah Murtha, Doritza Moiica, Connor Woloert. Richard Hackner, iointly or severally in the City of Hartford , State of Connecticut its true and lawful Agent(s) and Attomy(s) in Fact, with full power and authority hereby conferred, to sign, execute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and undertakings in an amount not to exceed Seventy Five N=on Dollars ( $75.000.000.00 ) for any single obligation. The acknowledgment and execution of such bond by the said Attorney in Fact shall be as binding upon the Company as if such bond had been executed and acknowledged by the regularly elected officers of the Company. RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and is now in force, to -wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation shall be executed in the corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents who shall have authority to issue bonds, policies or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." IN WITNESS WHEREOF, the RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be executed by its respective Sr. Vice President with its corporate seal affixed this IOth day of January 2025 r�r.,..,,, ,,,��,,,urrrou,,, RLI Insurance Company �:AQtN° ANo3' , JQpNCE CO ; Contractors Bonding and Ins ace Company �O?�e°. °9' '._ ,,�`�?°'. • ' • yo' _ Cam`' aof • 4°Pp Og4T�' ym ; �a �pPOR,I re •�Zy' ��� -- 0 3 —�— ''. SEAL = . SEAL : _ By: s Eric Raudins Sr. Vice President o� �r . State of Illinois ILLINO•t8 '', 14 L �•• OAS } SS County of Peoria ) CERTIFICATE On this 1 Oth day of January 2025 before me, a Notary Public, L the undersigned officer of RLI Insurance Company and/or personally appeared Eric Raudins who being by me duly sworn, Contractors Bonding and Insurance Company, do hereby certify acknowledged that he signed the above Power of Attorney as the aforesaid that the attached Power of Attorney is in full force and effect and is officer of the RLI Insurance Company and/or Contractors Bonding and irrevocable; and furthermore, that the Resolution of the Company as Insurance Company and acknowledged said instrument to be the voluntary set forth in the Power of Attorney, is now in force. In testimony act and deed of said corporation. whereof, I have hereunto set my hand and the seal of the RLI Insurance Company and/or Contractors Bonding and Insurance Company this 11th day of .tune M25 . By: RLI Insurance Company Jill A. Scott Notary Public Contractors Bonding and Insurance Company JILL A SCDrr T I' i• (i Notary Public State o/ Ohio By: vt �• i My Comm. Expires Jeffrey" iclti V U Corporate Secretary September 22. 2025 06SGTCTR020212 A0058D19 RLI' I Insurance Company P.O. P.Box 3967 Peoria. II.61612-3967 Phone:309-692-1000 Fax:309-683-1610 TEXAS IMPORTANT NOTICE To obtain information or make a complaint: Texas Policyholder Notice TEXAS AVISO IMPORTANTE Para obtener informacion o para presentar una queja: You may call RLI Insurance Company's toll free telephone Usted puede llamar al numero de telefono gratuito de RLI number for information or to make a complaint at 800-645-2402. Insurance Company para obtener information o para presentar una queja al 800-645-2402. You may also write to RLI Insurance Company at: 9025 N. Lindbergh Drive Peoria, IL 61615 FAX # 309-683-1610 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at 1-800-252-3439 You may also write the Texas Department of Insurance P.O. Box 149104 Austin. TX 78714-9104 Fax Number: (512)490-1007 Web: www.tdi.texas.eov E-mail: Con sumerProtection(a—),tdi.texas.eov PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACK THIS NOTICE TO YOUR POLICY: This notice is for information only and does not become a part or condition of the attached document. Usted tambien puede escribir a RLI Insurance Company: 9025 N.Lindbergh Drive Peoria, IL 61615 FAX # 309-683-1610 Usted puede comunicarse con el Departamento de Seguros de Texas para obtener information sobre companias, coberturas, derechos o quejas al 1-800-252-3439 Usted puede escribir al Departamento de Seguros de Texas a: P.O. Box 149104 Austin, TX 78714-9104 Fax Number: (512) 490-1007 Sitio web: www.tdi.texas.gov E-mail: ConsumerProtectionaa tdi.texas.eov DISPUTAS POR PRIMAS DE SEGUROS O RECLAMACIONES: Si tiene una disputa relacionada con su prima de seguro o con reclamation, usted debe comunicarse con el agente primero. Si la disputa no es resuelta, puede comunicarse con el Departamento de Seguros de Texas. ADJUNTE ESTE AVISO A SU POLIZA: Este aviso es solamente para propositos informativos y no se convierte en parte o en condition del documento adjunto. UW 1042-S(08/15) M4201815 ---eX,qSMutuar WORKERS' COMPENSATION INSURANCE WORKERS' COMPENSATION AND WC 42 03 04 B EMPLOYERS LIABILITY POLICY Agent copy TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas operations 3. Premium: The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Included, see Information Page This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement, effective on 9/1/24 at 12:01 a.m. standard time, forms a part of: Policy no. 0001062730 of Texas Mutual Insurance Company effective on 9/1/24 Issued to: COLE CONSTRUCTION INC DBA: SPRINKLE'N SPROUT NCCI Carrier Code: 29939 This is not a bill Qw"-e�".4 Authorized representative 1 of 1 PO Box 12058, Austin, TX 78711-2058 texasmutual.com 1 (800) 859-5995 1 Fax (800) 359-0650 9/5/24 WC420304B