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HomeMy WebLinkAboutContract 49245.-.. -4W ORT WORTH CITY SECRETAR c Z *"y FOFICIAL RECORD CONTRACTN0. �,TY SECRETARY .� .WORTH,TX PROJECT MANUAL FOR THE CONSTRUCTION OF SANITARY SEWER REHABILITATION, CONTRACT 82 r� City Project No.01501 !'r D.O.E.No.6913 Water Project No.59601-0600430-CO1501-CO1783 Zj Sewer Project No.59607-0700430-CO1501-CO1783 EO � .,., Betsy Price David Coo c Mayor City Manage a�t110L68 John Robert Carman Director,Water Department Doug W. Wiersig,Ph.D.,P.E. Director, Transportation&Public Works Department Prepared for �is of rg�!��� The City of Fort Worth r •••••••••4 •• •%'f ,J Water Department OP ..KONSTANTINE•BAKINTAS_•W rr ........ 6 ................. .•o 16 2 2017 tt ¢ EasE,. 04 At Y Prepared by. a•a3-\�1 Baird, Hampton & Brown, Inc. Vve 6300 Ridglea Place, Suite 700 Fort Worth,Texas 76102 Tel(817)338-1277,Fax (817) 338-9245 TBPE REG#44 .r TBPLS Firm#10011300 we C-28266 C CERTIFICATE OF INTERESTED PARTIES FORM 1295 1ot1 Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-199711 CONATSER CONSTRUCTION TX, LP FORT WORTH,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party tot the contract for which the form rs 04/28/2017 being filed. CITY OF FORT WORTH Date Ac nowt ged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the con ac,aria provide a description of the services,goods,or other property to be provided under the contract. 01501 UNDERGROUND UTILITIES FOR PROJECT SS REHAB CONTRACT 82,DOE#6913 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary MARTINEZ,JESUS FORTWORTH,TX United States X HUGGINS,BROCK FORT WORTH,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penaltyof perjury,that the above disclosure is true and correct. uni . I `PznY PUe� BERTHA G{ANULfS 7 Notary Public,State of Texas ;..fra,,r= My Commission Expires September 18, 2019 "---- ---- —— Signature of authorized agent f co tracting btT- entity AFFIX NOTARY STAMP/SEAL ABOVE Sworn to and subscribed before me,by the said KO _. ,�{y�rr,�.�a this the .; 8 day of 20-l- to certify which,witness my hand and seat of office. l �o�LzLT�fv�f +�1NU4CS c .V7-AC-t7t-'- Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 6/6/2017 - Ordinance No. 22754-06-2017 & 22755-06-2017 DATE: Tuesday, June 6, 2017 REFERENCE NO.: C-28266 LOG NAME: 60SSR82-CONATSER SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of$2,732,782.00 for Sanitary Sewer Rehabilitation, Contract No. 82 Located In and Near Meacham International Airport, Provide for Project Costs and Contingencies for a Total Amount of$3,151,482.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the in the Water Capital Fund in the amount of $50,605.00 and in the Sewer Capital Fund - Legacy in the amount of$3,100,877.00 from available funds; and 2. Authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $2,732,782.00 for Sanitary Sewer Rehabilitation, Contract 82 (City Project No. 01501). DISCUSSION: This Mayor and Council Communication is to authorize a construction contract for the replacement of the deteriorated sanitary sewer mains located on the following streets, alleys and easements: Street 11From To Alley between Ellis Avenue and NW 36th Street NW 37th Street N. Main Street 11 1 Alley between Ross Avenue and NW 36th Street NW 35th Street Meacham International Airport Alley between Ellis Avenue and Easterly 60 feet, Then NW 35th Street Houston Street Northerly 30 feet Alley between Ellis Avenue and NW 35th StreetSoutherly 350 feet Houston Street NW 35th Street lClinton Avenue Easterly 120 feet Easement west of BNSF Railroad 111Private Drive (Formerly 36th i 180 feet North of NE right-of-way Street) 38th Street N. Main Street IlAviation Way Southerly 2,160 feet Easement east of Union Pacific 550 feet west of the N. Grove Northerly 680 feet Railroad right-of-way Street/NE 36th Street Intersection Alley between N. Main Street and �[NE 34th Street NE 36th Street N. Commerce Street Alley between N. Main Street and 11 1 http://apps.cfwnet.org/ecouncil/printme.asp?id=24679&print=true&DocType=Print 6/22/2017 IN. Commerce Street ZINE 37th Street IINE 38th Street Alley between N. Commerce NE 34th Street NE 35th Street Street and N. Calhoun il Easement between NW 37th 100 feet east of Clinton Avenue Easterly 300 feet Street and NW 38th Street 11 Easement east of Gulf Stream Falcon Way Northerly 700 feet Road Easement North of Tract 195 West of Gulf Stream Road Westerly 400 feet Alley between N. Calhoun StreetW Long Avenue NE 35th Street and N. Jones Street NW 35th Street IN. Calhoun Street IN. Main Street FN. Chalhoun Street NE 35th Street Southerly 120 feet then easterly 150 feet N. Main Street INE 35th Street Northerly 450 feet NW 36th Street IFN. Main Street Westerly 400 feet lAlley between N. Houston Street NW 36th Street NE 38th Street and Ellis Avenue [NW 38th Street 200 feet west of Clinton Easterly 600 feet from venue N Houston St In addition to the sanitary sewer replacements above, the deteriorated water main on NE 35th from N. Calhoun Street to Commerce Street will be replaced. The project was advertised for bid on March 16, 2017 and March 23rd, 2017 in the Fort Worth Star-Telegram. On April 6, 2017, the following bids were received: Bidder Amount Time of Completion Conatser Construction TX, LP $2,732,782.00 270 Calendar Days William J. Schultz, Inc d/b/a Circle C $3,243,532.00 Construction Company Ark Contracting Servicers, LLC $3,957,449.00 In addition to the contract amount, $277,000.00 (Sewer: $266,200.00; Water: $10,800.00) is required for project management, material testing and inspection and $141,700.00 (Sewer: $135,000.00; Water: $6,700.00) is provided for project contingencies. This project will have no impact on the Water Department's operating budget when completed. M/WBE OFFICE: Conatser Construction TX, LP, is in compliance with the City's BDE Ordinance by committing to 12 percent MBE participation The City's MBE goal on this project is nine percent. Construction for the Sanitary Sewer Rehabilitation, Contract 82 Project, is one component of the overall project that includes design, project management, easement, acquisition, utility coordination, material testing and inspection. The overall project budget is $3,607,266.00. Construction is expected to start on August 2017 and be completed by May 2018. The sanitary sewer component of this project is part of the Water Department' s Sanitary Sewer Overflow Initiative Program. The project is located in COUNCIL DISTRICT 2, Mapsco 48P, 48T, 48U, 48X, and 48Y. http://apps.cfwnet.org/ecouncil/printmc.asp?id=24679&print=true&DocType=Print 6/22/2017 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Water Capital Fund and the Sewer Capital Fund-Legacy. The Fiscal Year 2017 Water Operating Budget includes appropriations of$31,636,073.00 for the purpose of providing Pay-As-You-Go funding for Water Capital Projects. After this transfer for Fiscal Year 2017, the balance will be $5,174,815.00. The Fiscal Year 2017 Water Operating Budget includes appropriations of$21,060,000.00 for the purpose of providing Pay-As-You-Go funding for Sewer Capital Projects. After this transfer for Fiscal Year 2017, the balance will be $8,025,920.00. Appropriations for Sanitary Sewer Rehabilitation, Contract 82 project will consist of the following: FUND Existing Additional Project [Appropriations Appropriations Total* Water Capital $22,259.00 $50,605.00 $72,864.00 Fund 59601 Sewer Capital Fund - Legacy $433,525.00 $3,100,877.00 F$3,534,402.00 59607 Project Total $455,784.00 IF $3,151,482.00 $3,607,266.00 * Numbers rounded for presentation purposes. FUND IDENTIFIERS (FIDs): TO Fundl Department ccoun Project Program ctivity Budget Reference# moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project Program ctivity Budget Reference# moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Liam Conlon (6824) ATTACHMENTS 1. 60SSR82 CONATSER Compliance Memo.pdf (CFW Internal) 2. 60SSR82 CONATSER FID table.pdf (CFW Internal) 3. 60SSR82 CONATSER Form 1295.pdf (Public) 4. 60SSR82 CONATSER Map01.pdf (Public) 5. 60SSR82-CONATSER 59601 A017r.docx (Public) 6. 60SSR82-CONATSER 59607 A017r.docx (Public) 7. 60SSR82-CONATSER2 Map02.pdf (Public) 8. SAM Conatser Construction TX LP.pdf (CFW Internal) http://apps.cfwnet.org/ecouncil/printme.asp?id=24679&print=true&DocType=Print 6/22/2017 0 0 0 0 O O O O O O O O o ® O O O O O O O o O O O O ri O o n O o O o O C o o n o o o o m o LD o o0 o g o o co 0 C o o 0 0 9 o n o 0 0 o 0 0 0 0 o6 o 00 m v 0 0 0 0 0 O N m N N CD N c-1 � lD 13 N O N CP N N t � N N N h N N Ln ,„ry N N N e-1 N N N N N N N N n n n n n n n n n n n h h n n n n n n h h O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N o m v v M o m c c Ln o m v v o o oo oo oo oo oo oo oo m oo oo oo m m m w w oo cc n n n n n n n n n n n n n n n n n n h LLI o 0 0 0 0 0 0 0 o O o 0 0 0 0 o O Ln o 0 � u u u u u u u u u u u u u u u u u u u H Q Z U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Ln Ln Ln Ln Ln LI) Ln Ln Ln m Ln Ln Ln Ln Ln Ln Ln Ln m Ln Lr) fV o0 0 0 0 0 0 0 o O O O O o 0 0 0 0 0 0 0 pp u u u u u u u u u u u u u u u u u u u u u cc Ln 0 0 , o Ln o 0 0 0 11 oo Ln o 0 0 - O in O o 0 Qj o Ln o Ln m .-+ o .-� .-� o mm .-i o .-� o in m 'i O r+ LD o 0 0 0 0 LD o o O Oo O LD o o O O o �D O Ln m v m .� .ti Ln .� c c m r+ r+ Ln .� c m 14 .� m .1 m m n m m rn Ln h m m r+ rn n m m .1 (nr+ f6 v Ln Ln Ln Ln Ln v Ln in in Ln Ln Ln v in Ln in in Ln v Ln Z po 0 0 0 0 0 0 0 o O o 0 0 0 0 0 o O o 0 0 J _ m m m m m m m m m m m m m m m m m m m mm v v o v v o v v v v cr v v v v v v v v v v o 0 0 0 0 U 0 0 0 o o O o 0 0 0 0 O O o 0 C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 LD LD LD LD LD Lo n h n n n n n D D D n n 0 0 0 0 0 0 0 0 o O O o 0 0 o O O o 0 0 0 p o 0 0 0 0 0 oO o O O O �0 0 0 0 0 0 0 0 0 Sµ. LD LD LD LD LD LD 1D 1D w LD W LD ID to ID ID W W ID a) a) a) a) a) a) o) 0, rn m m m rn rn m rn ON rn ON m rn d L L : L L co H 0 LL 0 0 O o 0 0 0 0 o 0 0 0 o 0 00 Ln o o o0 a 0 0 ai c-i m 1O ai v1Oi `n ) m N N � N N n n n n n N n o o o o o 0 o O O O O O O O N N N N N N N N m oo oo V1 m m 00 06 06 00 00 00 O] n n n n n n n Oo o o o o O C) 0 U U U U U UUO • O O O O O O N V LI) LI) LO LO u1 0 ti O O O O O U O U O O O r O O O o O m O cD o o O Ln o m o O O a a 0 0 0 0o �n �n Ln 0 0 o 0 o 0 o m m m m m m m a a a a a a a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o o o o o c C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rn rn m rn rn rn rn N N FORT WORTH, City of Fort Worth Standard Construction Specification Documents — Adopted September 2011 000000-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page I of 5 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda = 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 00 43 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 00 45 12 Prequalification Statement 00 45 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 45 41 Small Business Enterprise Goal s 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 -General Requirements 01 1100 Summary of Work - 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 3120 Project Meetings - 01 3216 Construction Progress Schedule 01 3233 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 0158 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Geastpae6e Staking and SuEvey(See modified specifications) y 01 74 23 Cleaning 01 77 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised February 2,2016 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 2 of 5 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 01 -General Requirements 01 71 23 Construction Staking and Survey Division 32-Exterior Improvements 32 1723 Pavement Markings Division 33-Utilities 3303 10 Bypass Pumping of Existing Sewer Systems 33 11 10 Ductile Iron Pipe Airport Construction Standards 99 99 99 Operational Safety on Airports During Construction P-101 Surface Preparation P-620 Runway and Taxiway Painting SS-220 Asphalt Surface Course SS-221 Prime and Tack Coats SS-230 Portland Cement Concrete Pavement SS-280 Asphalt Crack Repair SS-281 Concrete Crack and Joint Repair Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: hips://projectpoint.buzzsaw.corn/client/fortworthgov/Resources/02%20- %24Construction%2ODocuments/Specifications Division 02-Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03-Concrete 03 30 00 Cast-In-Place Concrete 03 34 13 Controlled Low Strength Material(CLSM) 0334 16 Concrete Base Material for Trench Repair 03 8000 Modifications to Existing Concrete Structures Division 26-Electrical None Division 31 -Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 31 25 00 Erosion and Sediment Control 31 37 00 Riprap CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised February 2,2016 000000-3 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 3 of 5 Division 32-Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 12 16 Asphalt Paving 32 1273 Asphalt Paving Crack Sealants 32 13 13 Concrete Paving 32 13 20 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 32 16 13 Concrete Curb and Gutters and Valley Gutters 3217 213 Pave...epA r,r...adags See modified specifications) 3231 13 Chain Fences and Gates 32 31 26 Wire Fences and Gates 32 31 29 Wood Fences and Gates 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding,and Sodding 32 93 43 Trees and Shrubs Division 33 -Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television(CCTV)Inspection 33 03 io Bypass Pumping of&isfiag Sewer-Systems(See modified specifications) 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 3305 10 Utility Trench Excavation,Embedment,and Backfill 3305 12 Water Line Lowering 3305 13 Frame,Cover and Grade Rings 3305 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade 3305 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 1105 Bolts,Nuts,and Gaskets 33 ii '^ Ductile T"^"D pe(See modified specifications) 33 11 11 Ductile Iron Fittings «� 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 33 1220 Resilient Seated Gate Valve 3331 15 High Density Polyethylene(HDPE)Pipe for Sanitary Sewer 33 31 20 Polyvinyl Chloride(PVC)Gravity Sanitary Sewer Pipe 33 31 21 Polyvinyl Chloride(PVC)Closed Profile Gravity Sanitary Sewer Pipe 33 3123 Sanitary Sewer Pipe Enlargement 3331 50 Sanitary Sewer Service Connections and Service Line 3339 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 60 Epoxy Liners for Sanitary Sewer Structures CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised February 2,2016 000000-4 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS ~" Page 4 of 5 Division 34-Transportation 34 41 30 Aluminum Signs 3471 13 Traffic Control Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GC-6.24 Nondiscrimination GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised February 2,2016 `r r � FORT .� 35 WORTH `S MEACHAM AIRPORTS ' PROJECT 4 11 LOCATION MR son �A � f -a l LOCATION MAP N.T.S. ma 000510-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page 1 of 1 f 1 SECTION 00 0510 2 MAYOR AND COUNCIL COMMUNICATION(M&C) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 ml 22 END OF SECTION war CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#0I501 Revised July 1,2011 6 000515-1 ADDENDA Page 1 of 1 SECTION 00 0515 2 ADDENDUM M •.j 3 CITY OF FORT WORTH 4 WATER DEPARTMENT 5 6 SANITARY SEWER REHABILITATION,CONTRACT 82 7 City Project No.01501 8 DOE No.6913 9 10 Addendum No.1 Issue Date:April 4,2017 11 Bid Receipt Date:April 6,2017 12 13 This addendum forms part of the contract documents referenced above and modifies the original 14 Contract Documents. Acknowledge receipt of this addendum by signing and attaching it to the 15 Contract Documents(inside). Rote receipt of the Addendum in the Bid Proposal and on the outer 16 envelope of your bid. 17 18 CLARiFICATXON5 TO BIDDER QUESTIONS: 19 20 -- 21 We downloaded construction plans and project manual:from buzzsaw a couple of weeks ago 22 which have a seal date of 03-31-16. Are these the correct bidding plans and project manual? 23 24 No, The correct bidding plans and project manual have a seal date of 02-23-17. 25 26 27 /2) Is there a discrepancy with the plan quantity vs.bid quantity for"6-inch to 8-inch Pipe 28 Enlargement-MM(Bid Item#8)? 29 30 No. The following is a sheet breakdown for the pipe enlargement quantity: 31 Sheet# 6-inch to 8-inch Pipe Enlarr,ement Quan' F 21 390 22 157 25 400 26 212 27 262 28 222 31 264 32 3 33 3) *Revise Bid Item 74 to read"Construction Survey(As built GPS)' 34 35 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82-Addendum No.l STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised July 1,2011 00 05 15-2 ADDENDA Page 2 of 2 1 4) There's a discrepancy with the plan quantity vs.bid quantity for sanitary sewer services. 2 Please clarify. There's a cost difference between 4-inch and 6-inch service connections on 3 DIP vs PVC pipe. Is there more information available towards service taps? 4 5 the bid quantity for sanitary sewer services is more than the plan quantity. Sanitary 6 sewer service construction needs to be field verified and coordinated with the Inspectur 7 and Property Owners. The actual quantity of services constructed may be more or less -- 8 than the bid quantity. 9 10 11 5) What size pipe are the"Service Reinstatements,Pipe Enlargement"(Bid Item#24)? 12 13 Bid Item#24 may be 4-inch or 6-inch services. The actual service size on the pipe 14 enlargement segments shall be field verified. 15 16 17 6) Can more contract time be provided? 18 19 Yes. The contract time is extended from 270 days to 300 days. 20 21 22 CHANGES TO THE PROJECT MANUAL: 23 24 00 4100-Bid Form 25 4.1=Contract duration has been revised to 300 days. 26 27 28 ,rb�ectiaa 00 52 43—Agreement 29 ✓ 3.2—Final acceptance duration has been revised to 300 days. 30 31 32 All other provisions of the contract documents,plans and specifications shall remain unchanged. 33 34 Failure to return a signed copy of the addendum with the Proposal shall be grounds for rendering 35 the bid non-responsive. A signed copy of this addendum shall be placed into the Proposal at the 36 time of bid submittal. 37 Water Department 38 John Robert Carman 39 RECEIPTACKNOWLEDGED: Director 40 �. 41 By: By: Wr r, 42 Torry Sholola,P.E. 43 Company: 04441 ►CMS 7' i cT�on TW Engineering Manager(Water Dept.) 44 END OF SECTION CITY OF FORT WORTH SANITARY SE WSR REHABILITATION CONTRACT 82-Addendum No.1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT(101501 Revised July 1,2011 00 11 13-1 INVITATION TO BIDDERS Page 1 of 2 s 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of Sanitary Sewer Rehabilitation,Contract 82 (City Project 6 No.01501)will be received by the City of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 200 Texas Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M.CST,Thursday,April 6,2017, and bids will be opened publicly and read aloud 13 at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: 17 9,900 LF of 8"Sewer Pipe 18 4,625 LF of 12"Sewer Pipe 19 76 Manholes 20 325 LF of 8"Water Pipe 21 22 PREQUALIFICATION 23 The improvements included in this project must be performed by a contractor who is pre- 24 qualified by the City at the time of bid opening. The procedures for qualification and pre- 25 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 26 27 DOCUMENT EXAMINATION AND PROCUREMENTS 28 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 29 of Fort Worth's Purchasing Division website at httt)://www.fortworthtexas.gov/purchasing/and 30 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 31 Contract Documents may be downloaded,viewed,and printed by interested contractors and/or 32 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 33 Parties Form 1295 and the form must be submitted to the Project Manager before the 34 contract will be presented to the City Council.The form can be obtained at 35 https://www.ethics.state.tx.us/tec/1295-Info.htm. _ 36 37 Copies of the Bidding and Contract Documents may be purchased from: 38 Baird,Hampton&Brown,Inc. 39 4550 SH 360, Suite 180 40 Grapevine, TX 76051 41 Please contact Gene Capps,P.E. at 817-251-8550 x 305. 42 43 The cost of Bidding and Contract Documents is: 44 Set of Bidding and Contract Documents with full size drawings: $80 45 Set of Bidding and Contract Documents with half size(if available)drawings: $50 46 47 48 49 T CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#0150I Revised December 22,2016 00 11 13-2 INVITATION TO BIDDERS Page 2 of 2 1 PREBID CONFERENCE 2 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 3 BIDDERS at the following location,date,and time: 4 DATE: Thursday,March 30,2017 5 TIME: 9:00 am 6 PLACE: 200 Texas Street 7 Fort Worth,Texas 76102 8 LOCATION: Water Department Conference Room 225 - 9 10 11 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 12 City reserves the right to waive irregularities and to accept or reject bids. 13 14 INQUIRIES 15 All inquiries relative to this procurement should be addressed to the following: 16 Attn: Liam Conlon,City of Fort Worth 17 Email: Liam.Conlon@fortworthgov.org 18 Phone: 817-392-6824 19 AND/OR 20 Attn: Gene Capps,P.E., Baird,Hampton&Brown,Inc. 21 Email: gcapps@bhbinc.com 22 Phone: 817-251-8550 x 305 23 24 ADVERTISEMENT DATES 25 March 16,2017 26 March 23,2017 27 28 END OF SECTION CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 _ STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised December 22,2016 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 10 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 r 7 00-GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person,firm,partnership,company,association,or corporation acting 13 directly through a duly authorized representative,submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2.Nonresident Bidder:Any person, firm,partnership,company,association,or 17 corporation acting directly through a duly authorized representative,submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided)makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 4 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding.Bids received from contractors who are 37 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 38 requirement work types and documentation are as follows: 39 40 3.1.1. Paving—Requirements document located at; 41 h!Ws://proiecipoint.buzzsaw.com/fortworthgov/Resources/02%20- 42 %20Construction%2ODocuments/Contractor%2OPrequalification/TP W%2OPaving - 43 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ 44 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 45 46 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised August 21,2015 002113-2 INSTRUCTIONS TO BIDDERS Page 2 of 10 1 https://projectpoint.buzzsaw.com/fortworth_gov/Resources/02%20- 2 %20Construction%2ODocuments/Contractor%2OPregualification/TPW%2OPavin ' 3 %20Contractor%2OPrequalification%2OProg,ram/PREQUALIFICATION%20REQ 4 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 5 6 3.1.3. Water and Sanitary Sewer—Requirements document located at; 7 https:Hproiectt)oint.buzzsaw.com/fortworthgov/Resources/02%20- 8 %20Construction%2ODocwnents/Contractor%2OPrequalification/Water%20and%2 9 OSan.itary%2OSewer%2OContractor%2OPrequalification%2OProgram/WSS%20pre 10 gual%20requirements.doc?public 11 12 13 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 14 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 15 45 11,BIDDERS PREQUALIFICATIONS. 16 17 3.2.1. Submission of and/or questions related to prequalification should be addressed to 18 the City contact as provided in Paragraph 6.1. 19 20 21 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 22 bidder(s)for a project to submit such additional information as the City, in its sole 23 discretion may require,including but not limited to manpower and equipment records, 24 information about key personnel to be assigned to the project,and construction schedule, 25 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 26 deliver a quality product and successfully complete projects for the amount bid within 27 the stipulated time frame.Based upon the City's assessment of the submitted 28 information,a recommendation regarding the award of a contract will be made to the 29 City Council. Failure to submit the additional information,if requested,may be grounds 30 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 31 notified in writing of a recommendation to the City Council. 32 — 33 3.4.In addition to prequalification,additional requirements for qualification may be required 34 within various sections of the Contract Documents. 35 36 3.5.Special qualifications required for this project include the following:N/A 37 38 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 39 40 4.1.Before submitting a Bid,each Bidder shall: 41 42 4.1.1. Examine and carefully study the Contract Documents and other related data — 43 identified in the Bidding Documents(including"technical data"referred to in 44 Paragraph 4.2.below).No information given by City or any representative of the 45 City other than that contained in the Contract Documents and officially 46 promulgated addenda thereto,shall be binding upon the City. 47 48 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general,local and — 49 site conditions that may affect cost,progress,performance or furnishing of the 50 Work. 51 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised August 21,2015 002113-3 ' INSTRUCTIONS TO BIDDERS Page 3 of 10 1 4.1.3. Consider federal,state and local Laws and Regulations that may affect cost, 2 progress,performance or furnishing of the Work. 3 4 4.1.4. <Include this Paragraph if Federal Assistance is beingprovided for this Contract, 5 otherwise delete>Be advised, City, in accordance with Title VI of the Civil Rights 6 Act of 1964, 78 Stat.252,42 U.S.C.2000d to 2000d-4 and Title 49,Code of 7 Federal Regulations,Department of Transportation,Subtitle A,Office of the 8 Secretary,Part 21,Nondiscrimination in Federally-assisted programs of the 9 Department of Transportation issued pursuant to such Act,hereby notifies all 10 bidders that it will affirmatively insure that in any contract entered into pursuant to 11 this advertisement,minority business enterprises will be afforded full opportunity to 12 submit bids in response to this invitation and will not be discriminated against on 13 the grounds of race,color,or national origin in consideration of award. 14 15 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 16 contiguous to the Site and all drawings of physical conditions relating to existing 17 surface or subsurface structures at the Site(except Underground Facilities)that 18 have been identified in the Contract Documents as containing reliable "technical 19 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 20 at the Site that have been identified in the Contract Documents as containing 21 reliable "technical data." 22 23 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 24 the information which the City will furnish.All additional information and data 25 which the City will supply after promulgation of the formal Contract Documents 26 shall be issued in the form of written addenda and shall become part of the Contract 27 Documents just as though such addenda were actually written into the original 28 Contract Documents.No information given by the City other than that contained in 29 the Contract Documents and officially promulgated addenda thereto,shall be 30 binding upon the City. 31 32 4.1.7. Perform independent research,investigations,tests,borings,and such other means 33 as may be necessary to gain a complete knowledge of the conditions which will be 34 encountered during the construction of the project. On request,City may provide 35 each Bidder access to the site to conduct such examinations, investigations, 36 explorations,tests and studies as each Bidder deems necessary for submission of a 37 Bid. Bidder must fill all holes and clean up and restore the site to its former 38 conditions upon completion of such explorations, investigations,tests and studies. 39 40 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 41 cost of doing the Work,time required for its completion,and obtain all information 42 required to make a proposal.Bidders shall rely exclusively and solely upon their 43 own estimates, investigation,research,tests,explorations,and other data which are 44 necessary for full and complete information upon which the proposal is to be based. 45 It is understood that the submission of a proposal is prima-facie evidence that the 46 Bidder has made the investigation,examinations and tests herein required. Claims 47 for additional compensation due to variations between conditions actually 48 encountered in construction and as indicated in the Contract Documents will not be 49 allowed. 50 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised August 21,2015 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 10 1 4.1.9. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 2 between the Contract Documents and such other related documents.The Contractor 3 shall not take advantage of any gross error or omission in the Contract Documents, 4 and the City shall be permitted to make such corrections or interpretations as may 5 be deemed necessary for fulfillment of the intent of the Contract Documents. 6 7 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of- 8 9 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 10 the site which have been utilized by City in preparation of the Contract Documents. 11 The logs of Soil Borings, if any,on the plans are for general information only. 12 Neither the City nor the Engineer guarantee that the data shown is representative of 13 conditions which actually exist. 14 15 4.2.2. those drawings of physical conditions in or relating to existing surface and 16 subsurface structures(except Underground Facilities)which are at or contiguous to 17 the site that have been utilized by City in preparation of the Contract Documents. 18 19 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 20 on request. Those reports and drawings may not be part of the Contract 21 Documents,but the "technical data" contained therein upon which Bidder is entitled 22 to rely as provided in Paragraph 4.02.of the General Conditions has been identified 23 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 24 responsible for any interpretation or conclusion drawn from any"technical data" or 25 any other data,interpretations, opinions or information. 26 27 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 28 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 29 exception the Bid is premised upon performing and furnishing the Work required by the 30 Contract Documents and applying the specific means,methods,techniques, sequences or 31 procedures of construction(if any)that may be shown or indicated or expressly required 32 by the Contract Documents,(iii)that Bidder has given City written notice of all 33 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 34 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 35 etc.,have not been resolved through the interpretations by City as described in 36 Paragraph 6.,and(iv)that the Contract Documents are generally sufficient to indicate 37 and convey understanding of all terms and conditions for performing and furnishing the 38 Work. 39 40 4.4.The provisions of this Paragraph 4,inclusive,do not apply to Asbestos,Polychlorinated 41 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 42 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 43 Documents. 44 45 5. Availability of Lands for Work,Etc. 46 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised August 21,2015 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 10 1 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 2 access thereto and other lands designated for use by Contractor in performing the Work 3 are identified in the Contract Documents. All additional lands and access thereto 4 required for temporary construction facilities,construction equipment or storage of 5 materials and equipment to be incorporated in the Work are to be obtained and paid for 6 by Contractor. Easements for permanent structures or permanent changes in existing 7 facilities are to be obtained and paid for by City unless otherwise provided in the 8 Contract Documents. 9 10 5.2.Outstanding right-of-way,easements,and/or permits to be acquired by the City are listed 11 in Paragraph SC 4.01 of the Supplementary Conditions.In the event the necessary right- 12 of-way,easements,and/or permits are not obtained,the City reserves the right to cancel 13 the award of contract at any time before the Bidder begins any construction work on the 14 project. 15 16 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 17 way,easements,and/or permits,and shall submit a schedule to the City of how 18 construction will proceed in the other areas of the project that do not require permits 19 and/or easements. 20 21 6. Interpretations and Addenda 22 23 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 24 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 25 received after this day may not be responded to.Interpretations or clarifications 26 considered necessary by City in response to such questions will be issued by Addenda 27 delivered to all parties recorded by City as having received the Bidding Documents. 28 Only questions answered by formal written Addenda will be binding. Oral and other 29 interpretations or clarifications will be without legal effect. 30 31 Address questions to: 32 33 City of Fort Worth 34 200 Texas Street 35 Fort Worth,TX 76102 36 Attn: Liam Conlon, Water Department 37 Fax: 817-392-8195 38 Email: Liam.Conlon@fortworthgov.org 39 Phone: 817-392-6824 40 41 - 42 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 43 City. 44 45 6.3.Addenda or clarifications may be posted via Buzzsaw at <Insert Link to Documents>. 46 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised August 21,2015 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 10 1 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 2 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 3 Project. Bidders are encouraged to attend and participate in the conference. City will 4 transmit to all prospective Bidders of record such Addenda as City considers necessary 5 in response to questions arising at the conference. Oral statements may not be relied 6 upon and will not be binding or legally effective. 7 8 7. Bid Security 9 10 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 11 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 12 the requirements of Paragraphs 5.01 of the General Conditions. 13 14 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 15 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 16 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 17 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 18 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 19 other Bidders whom City believes to have a reasonable chance of receiving the award 20 will be retained by City until final contract execution. 21 22 8. Contract Times 23 The number of days within which,or the dates by which,Milestones are to be achieved in 24 accordance with the General Requirements and the Work is to be completed and ready for 25 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 26 attached Bid Form. 27 28 9. Liquidated Damages 29 Provisions for liquidated damages are set forth in the Agreement. 30 31 10. Substitute and "Or-Equal" Items 32 The Contract,if awarded,will be on the basis of materials and equipment described in the 33 Bidding Documents without consideration of possible substitute or"or-equal" items. 34 Whenever it is indicated or specified in the Bidding Documents that a"substitute"or"or- 35 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 36 City,application for such acceptance will not be considered by City until after the Effective 37 Date of the Agreement. The procedure for submission of any such application by Contractor 38 and consideration by City is set forth in Paragraphs 6.05A.,6.05B. and 6.05C.of the General 39 Conditions and is supplemented in Section 0125 00 of the General Requirements. 40 41 11. Subcontractors,Suppliers and Others 42 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised August 21,2015 002113-7 " INSTRUCTIONS TO BIDDERS Page 7 of 10 1 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 2 12-2011 (as amended),the City has goals for the participation of minority business 3 and/or small business enterprises in City contracts. A copy of the Ordinance can be 4 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and ., 5 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 6 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 7 Venture Form as appropriate.The Forms including documentation must be received 8 by the City no later than 2:00 P.M. CST,on the second business days after the bid 9 opening date.The Bidder shall obtain a receipt from the City as evidence the 10 documentation was received.Failure to comply shall render the bid as non- 11 responsive. —' 12 13 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person 14 or organization against whom Contractor has reasonable objection. 15 16 12. Bid Form 17 5 18 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 19 obtained from the City. 20 21 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 22 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 23 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 24 price item listed therein. In the case of optional alternatives,the words "No Bid," 25 "No Change,"or"Not Applicable"may be entered. Bidder shall state the prices, 26 written in ink in both words and numerals,for which the Bidder proposes to do the 27 work contemplated or furnish materials required.All prices shall be written legibly. a, 28 In case of discrepancy between price in written words and the price in written 29 numerals,the price in written words shall govern. 30 31 12.3. Bids by corporations shall be executed in the corporate name by the president or a 32 vice-president or other corporate officer accompanied by evidence of authority to 33 sign. The corporate seal shall be affixed. The corporate address and state of 34 incorporation shall be shown below the signature. 35 36 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 37 partner,whose title must appear under the signature accompanied by evidence of 38 authority to sign. The official address of the partnership shall be shown below the 39 signature. 40 41 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 42 member and accompanied by evidence of authority to sign. The state of formation of 43 the firm and the official address of the firm shall be shown. 44 45 12.6. Bids by individuals shall show the Bidder's name and official address. 46 47 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 48 indicated on the Bid Form. The official address of the joint venture shall be shown. 49 50 12.8. All names shall be typed or printed in ink below the signature. 51 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised August 21,2015 002113-8 INSTRUCTIONS TO BIDDERS Page 8 of 10 1 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 2 which shall be filled in on the Bid Form. i 3 4 12.10. Postal and e-mail addresses and telephone number for communications regarding the 5 Bid shall be shown. 6 7 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 8 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 9 to State Law Non Resident Bidder. 10 11 13. Submission of Bids 12 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 13 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 14 addressed to Purchasing Manager of the City,and shall be enclosed in an opaque sealed 15 envelope,marked with the City Project Number,Project title,the name and address of 16 Bidder,and accompanied by the Bid security and other required documents. If the Bid is sent 17 through the mail or other delivery system,the sealed envelope shall be enclosed in a separate 18 envelope with the notation"BID ENCLOSED" on the face of it. 19 20 14. Modification and Withdrawal of Bids 21 22 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 23 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 24 must be made in writing by an appropriate document duly executed in the manner 25 that a Bid must be executed and delivered to the place where Bids are to be submitted 26 at any time prior to the opening of Bids.After all Bids not requested for withdrawal 27 are opened and publicly read aloud,the Bids for which a withdrawal request has been 28 properly filed may,at the option of the City,be returned unopened. 29 30 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 31 time set for the closing of Bid receipt. 32 33 15. Opening of Bids 34 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 35 abstract of the amounts of the base Bids and major alternates(if any)will be made available 36 to Bidders after the opening of Bids. 37 38 16. Bids to Remain Subject to Acceptance 39 All Bids will remain subject to acceptance for the time period specified for Notice of Award 40 and execution and delivery of a complete Agreement by Successful Bidder. City may,at 41 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 42 43 17. Evaluation of Bids and Award of Contract 44 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised August 2I,20I5 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 10 1 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 2 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 3 and to reject the Bid of any Bidder if City believes that it would not be in the best 4 interest of the Project to make an award to that Bidder,whether because the Bid is ., 5 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 6 meet any other pertinent standard or criteria established by City. City also reserves 7 the right to waive informalities not involving price,contract time or changes in the 8 Work with the Successful Bidder. Discrepancies between the multiplication of units 9 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 10 between the indicated sum of any column of figures and the correct sum thereof will 11 be resolved in favor of the correct sum. Discrepancies between words and figures 12 will be resolved in favor of the words. 13 14 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 15 among the Bidders,Bidder is an interested party to any litigation against City, 16 City or Bidder may have a claim against the other or be engaged in litigation, 17 Bidder is in arrears on any existing contract or has defaulted on a previous 18 contract,Bidder has performed a prior contract in an unsatisfactory manner,or 19 Bidder has uncompleted work which in the judgment of the City will prevent or 20 hinder the prompt completion of additional work if awarded. 21 22 17.2. City may consider the qualifications and experience of Subcontractors,Suppliers,and 23 other persons and organizations proposed for those portions of the Work as to which 24 the identity of Subcontractors,Suppliers,and other persons and organizations must 25 be submitted as provided in the Contract Documents or upon the request of the City. 26 City also may consider the operating costs,maintenance requirements,performance 27 data and guarantees of major items of materials and equipment proposed for 28 incorporation in the Work when such data is required to be submitted prior to the 29 Notice of Award. 30 31 17.3. City may conduct such investigations as City deems necessary to assist in the 32 evaluation of any Bid and to establish the responsibility,qualifications,and financial 33 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 34 organizations to perform and furnish the Work in accordance with the Contract 35 Documents to City's satisfaction within the prescribed time. 36 37 17.4. Contractor shall perform with his own organization,work of a value not less than 38 35%of the value embraced on the Contract,unless otherwise approved by the City. 39 40 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 41 responsive Bidder whose evaluation by City indicates that the award will be in the 42 best interests of the City. 43 44 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 45 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 46 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 47 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 48 comparable contract in the state in which the nonresident's principal place of 49 business is located. 50 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised August 21,2015 0021 13-10 INSTRUCTIONS TO BIDDERS Page 10 of 10 1 17.7. A contract is not awarded until formal City Council authorization,If the Contract is 2 to be awarded, City will award the Contract within 90 days after the day of the Bid — 3 opening unless extended in writing. No other act of City or others will constitute 4 acceptance of a Bid.Upon the contractor award a Notice of Award will be issued by 5 the City. 6 7 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 8 9 18. Signing of Agreement 10 When City issues a Notice of Award to the Successful Bidder,it will be accompanied by the 11 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 12 Contractor shall sign and deliver the required number of counterparts of the Agreement to 13 City with the required Bonds,Certificates of Insurance,and all other required documentation. 14 City shall thereafter deliver one fully signed counterpart to Contractor. 15 16 17 18 END OF SECTION CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised August 21,2015 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent(hereinafter also referred to as "you")to a City of Fort Worth (also referred to as"City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website finks provided below. http://www.ethics.state.tx.us/forms/CIQ.pd http://www.ethics.state.tx.us/forms/CIS.odf 4Y CIQ Form is on file with City Secretary CII CIQ Form is being provided to the City Secretary L✓J CIS Form is on File with City Secretary CIS Form is being provided to the City Secretary BIDDER: CONATSER CONSTRUCTION TX, L.P. By: BROCK HUGGINS 5327 WICHITA ST. Signature: FORT WORTH, TX 76119 0 Title: PRESIDENT END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 00 410000 43 13_00 42 43_00 43 37_00 45 12 00 35 13—Bid Proposal Workbook 00 41 CO BID FORM Page 1 of 3 SECTION 00 4100 BID FORM TO: The Purchasing Manager c/o:The Purchasing Division 200 Texas Street City of Fort Worth,Texas 76102 FOR: Sanitary Sewer Rehabilitation Contract 82 In&Around Meacham Airport City Project No.: 01501 Units/Sections: Unit 1:Sanitary Sewer Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association,organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving, receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non- competitive levels. 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Folin Revised 20150821 00 41 00_00 43 13_00 42 43 DO 43 37_00 45 1200 3513_BId Proposal Workbook 00 41 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Sanitary Sewer Installation by Open Trench b. Sanitary Sewer Installation by Boring c. Sanitary Sewer Installation by Pipe Bursting d. Water Installation by Open Trench e. Pavement Repair 4. Time of Completion 4.1, The Work will be complete for Final Acceptance within 300 calendar 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. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 `If necessary,CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount $ 2,732,782.00 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 7. Bid Submittal This Bid is submitted on April 6,2017 by the entity named below. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 410000 43 13_00 42 43_00 43 3700 45 12_00 35 13—Bid Proposal Workbook 00 41 00 BID FORM Page 3 of 3 Respectfully s mined, Receipt is acknowledged of the Initial following Addenda: By: Addendum No. 1: (Si ure) Addendum No.2: Addendum No.3: BROCK HUGGINS Addendum No.4: (Printed Name) Title: PRESIDENT Company: CONATSER CONSTRUCTION TX, L.P. Corporate Seal: Address: 5327 WICHITA ST. FORT WORTH,TX 76119 m State of Incorporation: Email: brock9Dccbdp.com Phone: (817)534-1743 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 410000 4313_00 42 43_00 43 37_00 45 12_00 3513_Bid Proposal Workbook .w 00 42 43 BID PROPOSAL Page i of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid r . No. Description Section No, Bid Item No, Measure Quantity Did Price Bid Value UNIT 1:SANITARY SEWER IMPROVEMENTS 1 12"Sewer Pi (SDR26) 33 31 20 3331.4206 LF 3074 $68.50 $210,569.00 2 12"Sewer(DIP w/Protecto 401) 33 11 10 3331.4212 LF 1115 $96.00 $107,040.00 3 10"to 12"Pipe Enlargement(HDPE) 33 31 23 3331.1104 LF 220 $120.00 $28,400.00 4 12"Sewer Pipe By Other Than Open Cut(DIP w/Protecto M-3311 10 9999.9999 LF 140 401) COG 503 $250.00 $35,000.00 5 8"Sewer Pipe SDR2B 33 31 20 3331.4115 LF 4231 $50.00 $211,550.00 6 8"Sewer Pipe(DIP w/Protecto 401) 3311 10 3331.4119 LF 3179 $70.00 $222,530.00 7 8"Sewer Pi (C900 DR14) W33 3120 9999.9996 LF 53 $65.00 $3,445.00 8 6"to 8"Pipe Enlargement(HDPE) 33 31 23 3331.1102 LF 1907 $100.00 $190,700.00 9 8"Sewer Pipe By Other Than Open Cut(DIP w/Protecto 401) M-33 11 10 9999.9999 LF 534 COG 503 $230.00 $122,820.00 10 12"Sewer Carrier Pipe(DIP)w/Spacers 33 05 24 3305.3004 LF 68 $75.00 $5,100.00 11 20"Steel Casing by Other Than Open Cut 33 05 22 3305.1103 LF 68 $275.00 Y8,700.00 12 Sag Adjustment for Pipes installed by Trenchless Meth. 99 99 99 9999,9999 LF 120 $600.00 $72,000.00 13 Pre CCN Inspection 33 01 31 3301.0001 LF 7560 $4.00 $30,240.00 14 loratory Excavation of Existing Utilities 33 05 30 3305.0103 EA 16 $800.00 $12,800.00 15 SWPPP t 1 acre 31 25 00 3125.0101 LS 1 $5,000.00 $5,000.00 18 Traffic Control 3471 13 3471.0001 MO 12 $5,500.00 $66,000.00 17 4'Manhole 33 39 10, 3339.1001 EA 62 33 39 20 $5,000.00 $310,000.00 18 4'Drop Manhole(Single Drop) 33 39 10, 3339.1002 EA 11 33 39 20 $6,500.00 $60,500.00 19 4'Drop Manhole(Double Drop) 33 39 10, 9999 9999 EA 2 33 39 20 $6,000.00 $12,000.00 20 4'Shallow Manhole 33 39 10, 3339.1004 EA 1 33 39 20 $4,000.00 $4,000.00 21 4'Extra Depth Manhole 33 39 10, 3339.1003 VF 257 33 39 20 $175.00 $44,975.00 22 Epoxy Manhole Liner 33 39 60 3339.0001 VF 263 $185.00 $48,655.00 23 Concrete Collar 33 05 17 3305.0112 EA 76 $400.00 $30,400.00 24 Service Reinstatement,Pipe Enlargement 33 31 23 3331.1201 EA 13 $1,000.00 $13,000.00 s 25 4"Sewer Service 33 31 50 3331.3101 EA 142 $800.00 $113,600.00 26 4"Sewer Service,Private Relocation 33 31 50 3331.3105 LF 90 $260.00 $23,400.00 27 6"Sewer Service 3331 50 3331.3201 EA 49 $880.00. $43,120.00 28 Imported Embedment/Backfill.CSS 33 05 10 3305.0202 CY 13 $50.00 $650.00 29 Imported Embedment/Backfill,Select Fill 33 05 10 3305.0207 CY 56 $45.00 $2,520.00 30 Trench Safety 33 05 10 3305.0109 LF 11652 $4.00 $48,608.00 31 Manhole Vacuum Testing 33 01 30 3301.0101 EA 76 $150.00 $11,400.00 32 Post-CCN Inspection 3301 31 3301.0002 LF 14521 $3.00 $43,563.00 ,,. 33 Remove 4'Sewer Manhole 0241 14 0241.2201 FA 42 $750.00 $31,500.00 34 Sanitary Line Grouting for Pipe Abandonments 0241 14 0241.2001 CY 54 $250.00 $13,500.00 35 6"Sewer Abandonment Plug 0241 14 0241.2102 EA 20 _$500.00 $10,000.00 36 8"Sewer Abandonment Plug 0241 14 0241.2103 EA 25 $550.00 $13,750.00 37 10"Sewer Abandonment Plug 0241 14 0241.2104 EA 4 $600.00 $2,400.00 38 Large Stone Riprap,dry-AS DIRECTED BY ENGINEER 31 3700 3137.0102 SY 100 $85.00 $8,500.00 39 5'Wide Asphalt Pvmt Repair,Residential 3201 17 3201.0112 LF 1 853 $40.00 $34,120.00 40 6'Wide Asphalt Pvmt Repair,Residential 3201 17 3201.0113 LF 123 $46.00 $5,904.00 _ 41 7'Wide Asphalt Pvmt Repair,Residential 3201 17 3201.0114 LF 13 $56.00 $728.00 42 8'Wide'Asphalt Pvmt Repair.Residential 3201 17 3201.0115 LF 156 $64.00 $9,984.00 43 10'Wide Asphalt Pvmt Repair,Residential 3201 17 3201.0117 LF 661 $80.00 $52,880.00 44 Asphalt Pvmt Repair Beyond Defined Width,Residential 3201�32011..002021 Sy 75 $100.00 $7,500.00 45 S Wide halt Pvmt Repair,Arterial 3201 LF 34 $42.00 $1,428.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Rcvised 20120120 00 41 00_00 43 13 00 42 4300 43 3700 45 12_00 35 13-Bid Proposal Wofkbook 004243 BID PROPOSAL Page 2 of 3 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Bid Item No. Measure Quantity Unit Price Bid Value 46 5'Wide Asphalt Pvmt Repair,Industrial 3201 17 3201.0132 LF 90 $50.00 $4,500.00 47 6'Wide'Asphalt Pvmt Repair.Industrial 3201 17 3201.0133 LF 72 $60.00 $4,320.00 48 B'Wide Asphalt Pvmt R air,Industrial 32 01 17 3201.0135 LF 38 $80.00 $3,040.00 49 10'Wide Asphalt Pvmt Repair,Industrial 3201 17 3201.0137 LF 25 $100.00 $2,500.00 50 Asphalt Pvmt Repair Beyond efined Width Industrial 34 01 17 3201.0203 SY 18 $130.00 $2,340.00 P-101 (Aviation) 51 Airport Asphalt Pvmt Repair SS-220 9999.9999 SY 413 (Aviation) SS-221 (Aviation) $75.DO $30,975.00 P-101 (Aviation) 52 Airport Cane Pvmt Repair SS-230 9999.9999 SY 35 (Aviation) SS-281 �+ (Aviation) $95.00 $3,325.00 53 5"Concrete Driveway 32 13 20 3213.0400 SF 246 $7.00 $1,722.00 54 6"Concrete Drivewa 32 13 20 3213.0401 SF 828 $8.00 $6,624.00 55 Cone Pvmt Repair,Residential 32 01 29 3201.0614 SY 135 $75.00 $10,125.00 56 Cone Pvmt Repair,Arterial/Industrial 32 01 29 3201.0616 SY 106 $85.00 $9,010.00 57 4"Cone Sidewalk 321320 3213.0301 SF 198 $6.00 .$1,188.00 58 6"Flex Base Type A,Gr-2 321123 3211.0122 SY 131 $12.00 $1,572,00 59 6"Cone Curb and Gutter 321613 3218.0101 LF 126 $30.00 $3,780.00 60 Block Sod Placement 32 92 13 3292.0100 SY 4854 $6.00 $29,124.00 61 Seedin Ildromulch 329213 3292.0400 SY 10479 $2.00 $20,958.00 62 6'Fences Wood 3231 29 3231.0412 LF 15 $45.00 $675.00 63 6'Chain Link Steel 3231 13 3231.0113 LF 60 $55.00 $3,300.00 64 8'Chain Link,Aluminum 3231 13 3231.0123 LF 136 $75.00 $10,200.00 65 6'Steel Tube Fence 3231 13 3231.0143 LF 30 $80.00 $2,400.00 66 8'Steel Tube Fence 32 31 13 3231.0144 LF 53 $90.00 $4,770.00 67 Imported Embedment(Backfill.Crushed Rock MISC 33 05 10 3305.0204 CY 150 _$45.00 $6,750.00 68 lmp2rted Embedment/Backfill,Ballast Stone(MISC) 33 05 10 3305.0201 CY 150 50.00 $7,500.00 69 6"Waterline Lowering 33 05 12 3305.0002 EA 2 5,000.00 $10,000.00 70 8"Waterline Lowering 33 05 12 3305.0003 EA 1 4 6,000.00 $24,000.00 71 10"Waterline Lowering 330512 3305.0004 EA 1 8,500.00 $8,500.00 72 12"Waterline Lowering 33 05 12 3305.0005 EA 2 12,000.00 $24,000.00 .! 73 Construction Staking M-01 7123 9999.9999 LS 1 48,ODO.00 _$48,000.00 74 Construction Survey M-01 7123 9999.9999 LS 1 4,000.00 $4,000.00 75 lConstrucdon Allowance 00 72 00 9999.9999 LS 1 70,000.00 $70,000.00 Unit l:SANITARY SEWER!IMPROVEMENTS SUBTOTAL $2,699,677.00 CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DDCIIMM"IS Fo`m Revised 20120120 00 410000 43 13_00 42 43_00 43 37_00 45 12 00 35 13-BW P,apwsal Wa&oak BID PROPOSAL _ Page 3 vv.1 SECTION 00 42 43 PROPOSALFORM UNIT PRICE BID Bidder's Application Project Item Information Bidders Proposal Bidlist Item Specification Unit of Bid No. Description Section No. Bid Item No. Measure QuantityBdUnit Price Bid Value UNIT 2:WATER IMPROVEMENTS 1 8"Water Pipe 33 11 10 3311.0241 LF 325 331112 60.00 $19,500.00 2 6"x6"Tapping Sleeve&Valve 33 12 25 3312.4002 EA 1 3,000.00 $3,000.00 3 Ductile Iron Water Fittings 33 11 11 3311.0001 TON 0.25 6,500.00 .$1,625.00 4 4"-12"Pressure Plug 0241 14 0241.1118 EA 2 600.00 $1,200.00 ^� 5 5'Wide As halt Pvmt Repair,Residential 3201 17 3201.01 12 1 LF 50 40.00 $2,000.00 6 6"Concrete Driveymy 32 13 20 3213.0401 SF 175 8.00 $1,400.00 7 4"Conc Sidewalk 32 13 20 3213.0301 SF 575 6.00 $3,450.00 8 6"Conc Curb and Gutter 32 16 13 3216.0101 LF 15 30.00 $450.00 9 Block Sod Placement 32 92 13 3292.0100 SY 80 6.00 $480.00 Unit II:WATER IMPROVEMENTS TOTAL SUBTOTAL 77$33,105.00 Unit I+Unit II:SS REHABILITATION CONTRACT tit PROJECT TOTAL 777717—j2,732,782.001 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 410000 43 13_00 42 43_00 43 37_00 45 I2 00 35 13_8k!Propoul Workbook OD 4313 BID BOND Page 1 of 1 SECTION 00 4313 BID BOND i KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) Conatser Construction TX, L.P. hereinafter called the Principal,and(Surety Name) Berkley Insurance Company a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Five Percent of the Greatest Amount Bid______________�___ �____�__ and No/100 Dollars ($ 5% GAB .00), the payment of which sum will be well and truly made and the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severalty,firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Dbligee, identified as Sanitary Sewer Rehabilitation Contract 82 in&Around Meacham Airport NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter Into the Contract in writing with the Obligee in accordance with the terms of such proposal, t then this bond shall be null and void. If the Principal falls to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or falls to satisfy all requirements and conditions required for the execution of the Contract In accordance with the proposal, this bond shall become the property of the Obligee,without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obllgee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this 28th day of March ,2017. By: Conatser Construction TX, L.P. B ` - (Signature and Title of Principal) *By: Berkley Insurance Company B ' Robbi Morales (Signature of Attorney-of-Fact) *Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Sea[ Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Forth Revised 20110827 00 41 DO 00 43 1300 42 43_00 43 37 00 451 00 36 13 Bld Proposal Warkbook.As No.BI-72808 POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The waming found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don E Cornell, Vena DeLene pMarshall, Sophinie Hunter, Robbi Morales, Kelly A. Westbrook; or Tina McEwan of Aon Risk Services Southwest, Inc. of ?Dallas, TX its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, Z acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no •Esingle obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00),to the same extent as if such bonds shad been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own 7 proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following > +-resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: r RESOLVED,that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief o 2 Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to r execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such F attomey-in-fact and revoke any power of attorney previously granted;and further v RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances,or l" G other suretyship obligations specifically named therein,and they have no authority to bind the Company except in the manner and to the extent therein stated;and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attomey-in-fact named; and P bL' further i; .5 RESOLVED,that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond,undertaking, recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any 6 person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. r o IN WITNESS WHEREOF, the Comply has caused these presents to be signed and attested by its appropriate officers and its =corporate seal hereunto affixed this,'day ofA 2016. r r} Attest: Berkley Insurance Company r C (Seal) By liee `; NIra S.Lederman eer Executive Vice President&Secretary Vsident N WARNING:THIS POWER INVALID IP NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. V .� E STATE OF CONNECTICUT) w ) ss: �YId COUNTY OF FAIRFIELD } Sworn to before me, a Notary Public in the State of Connecticut;this::;LZ day o 2016, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and flee Senior Vice President, respectively,of Berkley Insurance Company MARIA C.RUNDBAI(EN NOTARY PUBLIC MY COMMISSION EXPIRES Notary Public, State of Connecticut v APRIL 30,2019 .a CERTIFICATE � the undersigned,Assistant Secretary I, gn tary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein,who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date. .. Given under my hand and seal of the Company,this29th day of March (Seal) Vincent P. -cie w IMPORTANT NOTICE To obtain information or make a complaint: You may call Berkley Surety Group, LLC and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP, LLC Please send all notices of claim on this bond to: Berkley Surety Group, LLC (866) 768-3534 412 Mount Kemble Avenue, Suite 31ON Morristown, NJ 07.960 .- Attn: Surety Claims Department F- You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475•-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtectionOtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group, LLC first if the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. 00 43 37 } VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. _ The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will 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 businessof ur company or our parent company or majority owner is in the State of Texas. Q7 BIDDER: CONATSER CONSTRUCTION TX, L.P. By: BROCK HUGGINS 5327 WICHITA ST. FORT WORTH, TX 76119 (Si ture) 0 Title: PRESIDENT Date: 04(oce Ln END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110827 00 41 00_00 43 1300 42 43_00 43 3700 45 12_00 35 13—Bid Proposal Workbook 004511-1 BIDDERS PREQUALIFICATIONS Page I of 3 SECTION 00 45 11 2 BIDDERS PREQUALIFICATIONS _ 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids.To be eligible to bid the contractor must submit Section 00 45 12,Prequalification 6 Statement for the work type(s) listed with their Bid.Any contractor or subcontractor who is 7 not prequalified for the work type(s)listed must submit Section 00 45 13,Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven(7)days prior 12 to the date of the opening of bids.For example,a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects.In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements,if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization,Certificate of Formation,LLC 24 Regulations,Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects.The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification.These resumes should include the size and 3 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements.Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised July 1,2011 0045 11-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed ! 2 by an independent,certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual,corporation,or limited liability company. .- 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America.This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion,or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter,in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts.Bidding capacity is determined by multiplying the 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects.Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A" should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must — 42 include the manufacturer,model and general common description of 43 each piece of equipment.Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject,suspend,or modify any prequalification for failure by the ! 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised July 1,2011 0045 11-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised July 1,2011 00 45 12 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s)listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Sanitary Sewer Installation by CONATSER CONSTRUCTION TX, L.P. 4/30/2017 Open Trench Sanitary Sewer Installation by CONATSER CONSTRUCTION TX, L.P. 4/30/2017 Boring Sanitary Sewer Installation by CONATSER CONSTRUCTION TX, L.P. 4/30/2017 Pipe Bursting Water Installation by Open CONATSER CONSTRUCTION TX, L.P. 4/30/2017 Trench The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: CONATSER CONSTRUCTION TX, L.P. By: BROCK HUGGINS 5327 WICHITA ST. FORT WORTH, TX 76119 gnature) 0 Title: PRESIDENT Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 410000 43 1300 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of I I SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No.01501 Contractor further certifies that,pursuant to Texas Labor Code, Section 6 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: 10 rra 1t l_.O►1ol412,er �P ( tL-A-(Qr% )LIL By:� i - U r,n AC, 12 Company (Please Prin 13 14 f�O. V-A Signature: 15 Address 16 n 17 { , �1 Title: ` _ a S 'A)f- 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME,the undersigned authority,on this day personally appeared 26 1-ocr..,,_ I na 1 e-11k _ � ,known to me to be the person whose name is 27 subscribed to theoing instrument,and acknowledged to me that he/she executed the same as 28 the act and deed of Q0y'jq t L LDn_L..4 for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 1�� 31 VEN UNDER MY HAND AND SEAL OF OFF E this Lf� day of 32 AQ6 1 ,201? 33 34 �...-. .-•-•�- —- 35 VICKI L.OLSON 36 °a'�y{qy Notary Public,state of Texas My Commission Expires otary Public in and for the State of Texas 37 -^,;(,�t;;�°! November 12. 2017 38 END OF SECTION 39 �. CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised July 1,2011 004540-1 Minority Business Enterprise Specifications Page 1 of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 5 applicable. 6 7 POLICY STATEMENT 8 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 9 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 10 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 11 12 MBE PROJECT GOALS 13 The City's MBE goal on this project is 12% of the total bid value of the contract (Base bid applies to 14 Parks and Community Services). 15 16 Note: If both MBE and SBE subcontracting goals are established for this project, then an Offeror 17 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 18 19 COMPLIANCE TO BID SPECIFICATIONS 20 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 21 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 22 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or �. 23 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 24 3. Good Faith Effort documentation,or; 25 4. Prime Waiver documentation. _ 26 27 SUBMITTAL OF REQUIRED DOCUMENTATION 28 The applicable documents must be received by the Purchasing Division, within the following times 29 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall 30 deliver the MBE documentation in person to the appropriate employee of the purchasing division and 31 obtain a date/time receipt. "Such receipt"shall:be evidence that"the City"received the documentation in the 32 time allocated. A faxed and/or emailed copy,will,not be accepted. .. 33 1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form,if day after the bid opening date, exclusive of the bid opening participation is less than statedgoal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if no day after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. .. 34 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised June 9,2015 a. 004540-2 Minority Business Enterprise Specifications Page 2 of 2 1 5. Joint Venture Form, if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE 3 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSIVE TO SPECIFICATIONS. 4 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN THE OFFEROR 5 BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR.THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A DISQUALIFICAITON PERIOD OF THREE YEARS. �• 6 7 Any Questions,Please Contact The NMBE Office at(817)212-2674. 8 END OF SECTION 9 PM 10 11 ■• an .. CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised June 9,2015 ATTACHMENT 1A Page 1 of 4 FORTW ORTH City of Fort worth •• Minority Business Enterprise MBE Subcontractors/Suppliers Utilization Form .., OFFEROR COMPANY AME: Check applicable block to describe } Offeror Lp z:::[— 1_1 PROJECT NAME: ) t�;IDBE NON-NINVIDBE � � CQ4�tt L� BID DATE rs, f�[goY �Q z #IcN) P,, cVO6 aoJ City's MBE Proj Goal: Offeror's MBE Project Commitment: OJ ��!j�UMBER c1+1 i2 L Tk�. 0150/ Dos Ca 1 Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing Division no later than 2:00 p.m.on the second City business day after bid opening,exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications. MBEs listed toward meeting the project goal must be located in the six(B)county marketplace at the time of bid or the business has a Significant Business Presence in the Marketplace. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson. Parker, and Wise counties. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier means the level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered 15t tier,a payment by a subcontractor to its supplier is considered 2'd tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MBE and counting those dollars towards meeting the contract committed goal. ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency(NCTRCA)or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. If hauling services are utilized, the Offeror will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MBE firm, including MBE owner-operated, and receive full MBE credit. The MBE may lease trucks from non-MBEs, including owner-operated, but will only receive credit for the fees and .. commissions earned by the MBE as outlined in the lease agreement. _ Rev.2/10/15 _ FORT WORTH ATTACHMENT 1 A _ Page 2 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be .., listed first,use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTOR/SUPPLIER ° Company Name T r Detail Detail Address i Subcontracting Supplies Dollar Amount Telephone/Fax f B B 8 Work Purchased Email E E _ Contact Person E Lon e 9a r I>rCkCA 1 44auLP 39'-33 ?mDr OW ,0001, �cv� �or-� tl�zrt-E�n �rl co ® ❑ �bus y,�,.cBrYr 8f7• ams �f-tr� � Y�Y1 nnedal�,1"�c I ] 1 I ODA El Is"179-9# 0 ��ploU Y tt bQ'4v 4-16 V09 rue' u,Q.. �'g �� LLIC, i3gGK j -Ito Vcbojj-C3%Vr, Cn-t17- 4P.o lax F, ; ,s 4 •Loup s, M 1 ❑ El Vot ❑ vat�i�S 3119� `317- 4q I - 1 16 a,3a*7 Foy-t-Ovri:k, ,-s t ❑ ❑ Aax UMON 161101 Rev.2110115 FORTWORBH ATTACHMENT 1A Page 3 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non-MBEs. MBE firms are to be listed first,use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. NCTRCA N SUBCONTRACTORISUPPLIER ° _ Company Name T n Detail Detail Address 1 Subcontracting Supplies Dollar Amount Telephone/Fax e B B 9 Work Purchased Email g g Contact Person E — UbixokmAb nye Dr. El 11 eta MS '�;Qatlne -rV torn El ® � � ,cam► "IA�,� L,iilG'S ,4666 1 ❑ ❑ El El ❑ ❑ ❑ ❑ Rev.2110115 _ FORTWORTH ATTACHMENT 4e 4 of 4 Total Dollar Amount of MBE Subcontractors/Suppliers $ 2, Total Dollar Amount of Non-MBE Subcontractors/Suppliers TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ OX71 The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval o Change/Addition form. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Offeror agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from participating in City work for a period of time not less than one(1)year. 16. 'ns ; A4 nature 0 V Mniod$ 4dII n Title Contact Name/Title(if different) a� amp N,,Name Telephone and/or Fax R)OX - LC�- Q�, C-f-7, X +s Address E a{I Address Y -Ito ) D to . f citylstatelzip Date Rev.2110/15 004541-1 SMALL BUSINESS ENTERPRISE GOAL Page 1 of 2 1 SECTION 00 45 41 2 SMALL BUSINESS ENTERPRISE GOAL _ 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is $50,000 or more, then a SBE subcontracting goal is 6 applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Small .. 10 Business Enterprises (SBE) in the procurement of all goods and services. All requirements and I 1 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 SBE PROJECT GOAL 14 The City's SBE goal on this project is 0%of the base bid (Base bid applies to Parks and Community 15 Services). 16 17 Note: If both MBE and SSE subcontracting goals are established for this project, then an 18 Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed 19 responsive. 20 21 COMPLIANCE TO BID SPECIFICATIONS 22 On City contracts$50,000 or more where a SBE subcontracting goal is applied Offerors are required 23 to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the 24 following: 25 1. Meet or exceed the above stated SBE goal through SBE subcontracting participation,or 26 2. Meet or exceed the above stated SBE goal through SBE Joint Venture participation,or 27 3. Good Faith Effort documentation,or; 28 4. Prime Waiver documentation. 29 30 SUBMITTAL OF REQUIRED DOCUMENTATION 31 The applicable documents must be received by the Purchase Division, within the following times 32 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror 33 shall deliver the SBE documentation in person to.the appropriate,.,employee of the purchasing 34 division and obtain a dateltime receipt ' ,Such receipt shall be;evidence that the City received the 35 documentation in the time allocated A faxed and/or emailed co will not be accepted. 1. Subcontractor Utilization Form,if goal is received no later than 2:00 p.m.,on the second City business ,., met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received no later than 2:00 p.m.,on the second City business Utilization Form,ifparticipation is less than days after the bid opening date,exclusive of the bid opening statedgoal: date. 3. Good Faith Effort and Subcontractor received no later than 2:00 p.m.,on the second City business Utilization Form,if no MBE participation: days after the bid opening date, exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm received no later than 2:00 p.m.,on the second City business will perform all subcontracting/supplier work: days after the bid opcning date,exclusive of the bid opening date. .. 36 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised June 9,2015 004541-2 SMALL BUSINESS ENTERPRISE GOAL Page 2 of 2 1 5. Joint Venture Form,if goal is met or received no later than 2:00 p.m.,on the second City business exceeded: days after the bid opening date,exclusive of the bid opening date. 2 3 FAILURE TO COMPLY WITH THE CITY'S BUSINESS DIVERSITY ENTERPRISE 4 ORDINANCE WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO 5 SPECIFICATIONS. 6 FAILURE TO SUBMIT THE REQUIRED MBE DOCUMENTATION WILL RESULT IN 7 THE BID BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL 8 RESULT IN THE OFFEROR BEING DISQUALIFIED FOR A PERIOD OF ONE YEAR. 9 THREE FAILURES IN A FIVE YEAR PERIOD WILL RESULT IN A P' 10 DISQUALIFICATION PERIOD OF THREE YEARS. 11 Any questions,please contact the M/WBE Office at(817)212-2674 12 .. 13 END OF SECTION P" CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised June 9,2015 /�1 005243-1 Agreement REVISED Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on is made by and between the City of Fort 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and Conatser Construction TX. L.P. , 6 authorized to do business in Texas, acting by and through its duly authorized representative, 7 ("Contractor"). 8 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 9 follows: 10 Article 1.WORK 11 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 12 Project identified herein. 13 Article 2.PROJECT 14 The project for which the Work under the Contract Documents may be the whole or only a part is 15 generally described as follows: 16 Sanitary Sewer Rehabilitation Contract 82 17 City Project#01501 18 Article 3.CONTRACT TIME 19 3.1 Time is of the essence. 20 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 21 Documents are of the essence to this Contract. 22 3.2 Final Acceptance. 23 The Work will be complete for Final Acceptance within 300 days after the date when the 24 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay .. 33 City Four Hundred Twenty Dollars ($420.00) for each day that expires after the time 34 specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of 35 Acceptance. i CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised January 6,20I7 i 005243-2 Agreement REVISED Page 2 of 5 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of Two Million, Seven Hundred Thirty-Two Thousand, 39 Seven Hundred Eighty-Two Dollars and No Cents 40 ($2,732,782.00). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A. The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents(project specific) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MBE and/or SBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and,if issued,become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 a CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised January 6,2017 005243-3 Agreement REVISED Page 3 of 5 76 Article 6.INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of,the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused,in whole or in part,by any act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs,expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city,its officers,servants and employees,from and against any and all loss,damage 90 or destruction of property of the city,arising out of,or alleged to arise out of,the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused,in whole or in part, 95 by any act,omission or negligence of the city. 96 97 Article 7.MISCELLANEOUS a 98 7.1 Terms. 99 Terms used in this Agreerrient which are defined in Article 1 of the General Conditions will 100 have the meanings indicated in the General Conditions. 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the City. 104 7.3 Successors and Assigns. 105 City and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon CITY and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised January 6,2017 005243-4 Agreement REVISED Page 4 of 5 117 7.6 Other Provisions. 118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 119 classified, promulgated and set out by the City, a copy of which is attached hereto and 120 made a part hereof the same as if it were copied verbatim herein. 121 7.7 Authority to Sign. 122 Contractor shall attach evidence of authority to sign Agreement, if other than duly 123 authorized signatory of the Contractor. 124 125 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised January 6,2017 005243-5 Agreement Page 5 of 5 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 128 Contractor: kWA 1r� �V'�� By: Jesus J. Chapa By: Assistant City Manager (Signature) I Date Attest- (Printed (Printed Name) City Secret (Seal) •� Title: Pas I V� Address: M&C C- - 28266 :s~ Date: 6 •ti-! �,;• � � lzir# CitylState/Zip:�r'�w 1 t t,TV qu t Contract Compliance Manager: By signing, I acknowledge that I am the person t, responsible for the monitoring and Date administration of this contract, including ensuring all performance and reporting requirements. T'r Liam Conlon Project Manager Approved as to Form and Legality: /61 $o4uglasWB1ac-Z- Assistant City Attorney 129 130 131 OFFICIAL RECORD APPROVAL RECOMMENDED: 132 133 CITY SECRETARY 134 FT.WORTH,TX 135 Chris Harder,P.E 136 ASSISTANT DIRECTOR, 137 Water Department 138 CITY OF FORT WORTH Sanitary Sewer Rehabilitation Contract 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 01501 Revised January 6,2017 Bond No. 0210037 0061 13-1 PERFORMANCE BOND Page i or2 1 SECTION 00 6113 2 PERFORMANCE BOND ■• 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: r 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TXL.P. known as 8 "Principal'herein and Berkley Insurance Company ,a corporate �. 9 surety(sureties,if more than one)duly authorized to do business in the State of Texas,known as 10 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a •4 11 municipal corporation created pursuant to the laws of Texas,known as"City"herein, in the penal 12 sum of,Two Million, Seven Hundred Thirty-Two Thousand,Seven Hundred Eighty-Two Dollars 13 and No Cents ($2,732,782.001, lawful money of the United States,to be paid in Fort Worth, 14 Tarrant County,Texas for the payment of which sum well and truly to be made, we bind 15 ourselves,our heirs, executors,administrators,successors and assigns,jointly and severally, 16 firmly by these presents. ., 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the_ day of r,201L which Contract is hereby referred to and 19 made a part hereof for all purposes as 1f fully set forth herein,to furnish all materials,equipment 20 labor and other accessories defined by law,in the prosecution of the Work,including any Change 21 Orders, as provided for in said Contract designated as Sanitary Sewer Rehabilitation Contract 22 82,City Project#01501. 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 25 faithfully 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 SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT 001501 Revised July I,2011 0061 13-2 PERCORMANCE BOND Page 2 of 2 I This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the day of 6 2017. 7 PRINCIPAL: 8 Conatser Constnaction TX,L.P. 9 10 BY: 4 II 'Signature 00 12 ATTEST: 13 ` 14 _ Brock Huggins, President 15 (Principal) Secretary v o Name and Title 16 17 Address:5327 Wichita Street 18 Fort Worth,TX 76119 19 20 Nk 21 Witness as to Principal 22 SURETY: 23 Berkley Insurance Company 24 25 . 26 BY: 27 Signature 28 29 Robbi Morales, Attorney-in-fact 30 Name and Title 31 32 Address: 2711 N. Haskell Ave.. Suite 800 33 Dallas, TX 75204 34 35 36 Witne as to Surety Telephone Number: 214/989-0000 37 38 39 40 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#0 1501 Rcviscd July I,2011 0061 14-1 PAYMENTBOND Page 1 ort SECTION 00 61 14 Bond No. 0210037 t 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TX, L.P. known as 8 "Principal' herein, and Berkley Insurance Company , a T 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 1 I municipal corporation created pursuant to the laws of the State of Texas, known as"City"herein, 12 in the penal sum of Two Million, Seven Hundred Thirty-Two Thousand, Seven Hundred Eighty- 13 Two Dollars and No Cents ($2,732,782.00),lawful money of the United States,to be paid in Fort 14 Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind 15 ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, 16 firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 day of T ,2017, which Contract is hereby referred to and made a 19 part hereof for allurposes as if fully set forth herein, to furnish all materials, equipment, labor 20 and other accessories as defined by law, in the prosecution of the Work as provided for in said 21 Contract and designated as Sanitary Sewer Rehabilitation Contract 82, City Project#01501. 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 a 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 SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised July 1,2011 0061 14-2 PAYMENT BOND Page ort I IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the _ 24'" day of 3 Al elv 2017, 4 PRINCIPAL: Conatser Construction TX,L.P. ATTEST: BY: _ ` Signature /J Brock Huggins, President (Principal) Secreta Name and Title Address: 5327 Wichita Street Fort Worth,TX 76119 ess as to Principal SURETY: Berkley Insurance Company ATTEST: BY: Signature J Robbi Morales, Attorney-in-fact (Surety).-S�ry Name and Title i Address: 2711 N. Haskell Ave.. Suite 800 Dallas, TX 75204 -- Witn s as to Surety Telephone Number: 214/989-0000 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. i l END OF SECTION 12 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised July 1,2011 0061 19-1 MAINTENANCE BOND Pagel of3 1 SECTION 00 6119 Bond No. 0210037 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Conatser Construction TX.L.P. known as 9 "Principal"herein and Berkley Insurance Company ,a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas,known as j I 1 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of the State of Texas,known as"City"herein, 13 in the sum of Two Million,Seven Hundred Thirty-Two Thousand, Seven Hundred Eighty-Two 14 Dollars and No Cents($2,732,782.00), lawful money of the United States,to be paid in Fort 15 Worth,Tarrant County,Texas,for payment of which sum well and truly be made unto the City 16 and its successors, we bind ourselves,our heirs, executors,administrators,successors and assigns, 17 jointly and severally, firmly by these presents. 18 19 WHEREAS, the Principal- has entered into a certain written contract with the City awarded 20 the dL&Eay of - 2017• which Contract is hereby 21 referred to and a ma a part hereof for all purposes as if fully set forth herein, to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 24 the "Work") as provided for in said contract and designated as Sanitary Sewer Rehabilitation 25 Contract 82,City Project#01501;and 26 27 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans,specifications and Contract Documents that the Work is and will R 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City("Maintenance Period");and 31 32 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. f„ CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#0 150 1 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work,for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond;and 11 �. 12 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 13 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 14 Worth Division; and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised July I,2011 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the_ tOl" _ day of •- 3 ,2017. 4 5 PRINCIPAL: 6 Conatser Construction rX. L.P. 7 8 BY: 9— dAn�� 9 Signature go 10 ATTEST: 11 td 12 Brock Huggins, President 13 (Principal)Secretar Name and Title 14 15 Address:5327 Wichita Street 16 Fort Worth,TX 76119 17 18 _ 19 WiVeA as to Principal 20 SURETY: 21 Berkley Insurance Company 22 23 24 BY: w� 25 Signature 26 27 Robbi Morales, Attorney-in-fact 28 ATTE Name and Title 29 30 I Address: 2711 N. Haskell Ave.. Suite 800 _ 31 (Surety S Dallas, TX 75204 32 33 34 Wit#s as to Surety Telephone Number: 214/989-0000 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address,both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH SANITARY SEWER REHABILITATION CONTRACT 82 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CITY PROJECT#01501 Revised July I,2011 No.BI-7280g — POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT,has made,constituted —` and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna; Don E. Cornell; Vena DeLene Marshall, Sophinie Hunter; Robbi Morales; Kelly A. Westbrook; or Tina McEwan of Aon Risk Services Southwest, Inc. of Dallas, TX its true and lawful Attorney-in-Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings,with the exception of Financial Guaranty Insurance,providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: c RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief •° Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further RESOLVED,that such power of attorney limits the acts of those named therein to the bonds,undertakings,recognizances,or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further a .= RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any o person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. o IN WITNESS WHEREOF, the Compgny has caused these presents presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this day of� —92016. Attest: Berkley Insurance Company (Seal) ByLCl B Ira S.Lederman WniorV�T' President er Executive Vice President&Secretary WARNING:THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) ss: COUNTY OF FAIRFIELD ) Sworn to before me, a Notary Public in the State of Connecticut, this 2Z dayo , 2016, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Executive Vice President and Secretary, and a Senior Vice President, c U respectively, of Berkley Insurance Company.MARIA C. RUNDSAKEN w NOTARY PUBLIC MY COMMISSION EXPIRES Notary Public, State of Connecticut Z APRIL 30,2019 E CERTIFICATE U I, the undersigned,Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true, correct v and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attomey-in-Fact set forth therein,who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date- Given under my hand and seal of the Company,this�_day of_ (Seal) Vincent P.-Forte Please verify the authenticity of the instrument attached to this Power by: Toll-Free Telephone: (800) 456-5486; or Electronic Mail: BSGInquiry@berkleysurety.com Any written notices, inquiries, claims or demands to the Surety on the bond attached to this Power should be directed to: Berkley Surety Group 412 Mount Kemble Ave. Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or �. Email: BSGCIaim(&,berkleysurety.com Please include with all communications the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance bond, please also identify the project to which the bond pertains. Berkley Surety Group is an operating unit of W. R. Berkley Corporation that underwrites surety business on behalf of Berkley Insurance Company, Berkley Regional Insurance Company and Carolina Casualty Insurance Company. IMPORTANT NOTICE To obtain information or make a complaint: You may call Berkley Surety Group, LLC and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP, LLC Please send all notices of claim on this bond to: Berkley Surety Group, LLC (866) 768-3534 412 Mount Kemble Avenue, Suite 310N Morristown, NJ 07960 Attn: Surety Claims Department You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtection(cDtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group, LLC first. If t the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements.