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HomeMy WebLinkAboutContract 49565 A23466 s F RECEIVED r AUG 2 8 2011 0 CITY OF FORT WORTH ti � CITY SECRETARY �a PROJECT MANUAL 9S yid FOR THE CONSTRUCTION OF Marine Creek Interceptor Improvements — Phase I Sanitary Sewer Replacement — Part I City Project No.02223 DOE No. 7214 Sewer Project No. 59607-070430-CO2223-CO1783 Betsy Price David Cooke Mayor City Manager John Robert Carman Director, Water Department Prepared for The City of Fort Worth Water Department 2017 E ofdo ....:.......................:...../ DOUGLAS K. BIGLEN j ....88777....::; #10, �fCISTE��G�'�i ��ONAL Ems= OFFICIAL RECORD CITY SECRETARY ':T.WORr",TX CERTIFICATE OF INTERESTED PARTIES FORM 1295 lora Complete Nos.i-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.L 2,3,s,and 6 it there are no interested perdes. CERTIFICATION OF FILING I Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-232698 William 1 Schultz Inc dbe.Circle.C Construction Company Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for whi he form is 07/06/2017 being filed. City of Fort Worth Date Acknowledge dL 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract 02223 Marine Creek interceptor Improvements Phase 1 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Skelly,Teresa Fort Worth,TX United States X 5 Check only if there is NO Interested Party. 6 AFFIDAVIT I swear,or aKirm,under penalty or perjury,that the above disclosure is true and correct. MIC14BLE S.LANKFORD Notary Public STATE OF TEXAS Notary to•1175948.6 brrel,rae erft "��,,,'�a'�' coy comm.BxP•OaabK t,sot ti S l AB VE �^ l y Sworn to and subscribed before me,by the said i p1%�. 4 � L.1 this the G h day of u U lav 20 (� to tartly which,witness my hand and seal of office. t Signature of officer administering o Printed name of officer administering oatlt Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.883 FORTWORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Marine Creek Interceptor Improvements — Phase I Sanitary Sewer Replacement— Part I City Project No. 02223 DOE No. 7214 Sewer Project No. 59607-070430-CO2223-CO1783 Betsy Price David Cooke Mayor City Manager John Robert Carman Director, Water Department Prepared for The City of Fort Worth Water Department 2017 r sus \1 5 E OF 1 int : '•* ♦ . DOUGLAS K. BIGLEN 8 .....:.: 8777 PFG#STERFN EO• G��r Uj/l9// - R11" WO T H cw, City of Fort Worth ......... .......................................................... Table of Contents Adopted September 2011 00 00 00-1 TABLE OF CONTENTS Page I of 6 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 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 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 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 - General Requirements 01 11 00 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 31 20 Project Meetings OI 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 01 5713 Storm Water Pollution Prevention Plan 01 5813 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 7000 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 7423 Cleaning 01 77 19 Closeout Requirements 01 7823 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised February 2,2016 000000-2 TABLE OF CONTENTS Page 2 of 6 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 33 - Utilities 33 31 23 Sanitary Sewer Pipe Enlargement 33 39 10 Cast-in-Place Concrete Manholes 33 3920 Precast Concrete Manholes 33 3960 Epoxy Liners for Sanitary Sewer Structures Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps:Hprojectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%20Documents/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) 03 34 16 Concrete Base Material for Trench Repair 03 8000 Modifications to Existing Concrete Structures Division 26- Electrical 2605 40 Demolition f0F WeCtFieal Systems 2 6- 6)-5 -13 Raceways and Boxes for-Eleetfieal Systems 2605 43 0 .,.t Ducts and Raceways for-Eleetfieal SystoroL Division 31 -Earthwork 31 1000 Site Clearing 3123 16 UnElas ified=c`rceavatien 31 2323 Bedew 31 2400 Embankments 31 2500 Erosion and Sediment Control :1 3600 Gabiefis Division 32 - Exterior Improvements 3201 17 Permanent Asphalt Paving Repair -3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32-11 23 Flexible Base yes 32 ; 29 —Liffle eated Base Wises 3=2 1133 Cement Treated Base CotiFses 32 11 37 Liquid id Treated Soil Stabilize CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised February 2.2016 000000-3 TABLE OF CONTENTS Page 3 of 6 32 12 16 Asphalt Paving 32 12 73 Asphalt Paving Crack Sealants 32 13 13 Genefete Paving 32 1-3 20r6F}6' @tezCi'idiaovyAlks, Dr-ircvaysi"'mc Bar-Fier Free ZRamps 32 13 73 Cenefete Paviiig joint Sealants 32 14 16 81:-.ek Unit Pavin 322 1-6 13 C.,. efete Curb and Guttefs alld Valley Gu ffe,-s 32 172-3 Pavement Markings 32-1 7 25 Guff 4 d-d-.•0. D.,;,,+:., 32 3i 13 Chain Fenees and Gates 3231 26 Wire Fences and Gates 3231 29 Wood Fences and Gates 3232 13 �` Rlaee C.,Hef to Retaining Walls „est In : �uc�corrcrerczccmrm»���-mT� 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding, and Sodding 3293 43 Trees and Shrubs Division 33 - Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television (CCTV) Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 lyejnc Bending alld-i.-rccrrrcmzsoTurron 33 04 11 Cor-Fasio, Central Test Stations 33 04 12 Magnesium Anode Gath, die Pr-ateeii n Syste,,. 33-04-30 TeFn `-;mer Ser-viees 33 04 40 Gleaning and ,keeeptanee Testing of Water-N4ai*s 33 04 50 Cleaning of Sewer Mains 33 05 10 Utility Trench Excavation, Embedment, and Backfill 33-05-12 `*.;-titer-mower i r,g 33 05 13 Frame, Cover and Grade Rings 33 05 111 Adjusting Manholes, inlets, Valve Boxes,and Oiiher-Stfuetur-es to Or-ade 33-0516 Cet}er-ete Water Va* s 33 05 17 Concrete Collars 33 05 20 Auger Boring 33 05 21r Tunnel-LineF Plato 33 0522 Steel Casing Pipe 33 05 23 Hand T, Bnel:n 333 05 211 Installation f C.,FFieF Pipe Casing Tunnel 1 Plate anv�� vc ca>>�c� Pipe in ca�n�gvi-i crr n-rciziircrz--rcrcc 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33-11-05 Belts,Nuts, Gaskets 33 i 1 !0 Ductile lr01rPipe 33 1 1 I1 Duetilez'^Tvn iimrrgs 33 I 1 12Pe1yvifi3! Ch�de (PVC) Pressure 33 i 1 i3 Concrete Pressure Pipe,Bar Wrapped, Stool Cylindef Type 33 11 14 Bufied Steel Pipe alld Fitrtiflgs 333 12-10 Water Ser-viees-1 une-h to 2 ineh 3312-11 Lafge Alate!F-;Teter-s 33-12 20 Resilient Seated Gate Valve 33 1221 AWW^mer Seated vRurgeF�� Valves CITY OF FORT WORTH Marine Creek Interceptor Improvements-Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised February 2.2016 000000-4 TABLE OF CONTENTS Page 4 of 6 33 1225 Conneetien to Existing WaIer-Main-s 33-123o Combinet:en n it Valve Assemblies fer Potable Wa4er SYstef s 33 1240 Fire Hydr-ants- 33 i2 50 Water-Sample Stations 33-1x2-60 Standard Blew eff Valve Assembly 33 3i i2 Cur-ed in Plaee Pipe (GIPP) 3,33 3i i3 Fiberglass Reinf reed Pipe f f Gr-ewit y Safiitaf , Sewer 3331 15 High Density Polyethylene(HDPE)Pipe for Sanitary Sewer 3331 20 Polyvinyl Chloride (PVC)Gravity Sanitary Sewer Pipe 33N21 P01.,.,ff! ChWide (PVG) Closed Dfefile Gr-a illy Sanitary Sewer-Pip 333123 23 Sanitaf:y Sewer Pipe Enlargement 3331 50 Sanitary Sewer Service Connections and Service Line 3331 70 Cembinet1on Air-Valve fOF Sanitary Sewer-Feree Mains 333 39 1 o Cast in Plaee G + 1►r h 1 3320 Dreeast Co .ere Manholes 33 39 30 Fiberglass Manholes 333940 Wastewater Aeeess G1,amber(WAG) 333960 Epoxy r e fee- Se ite Sewer-StFuetur-es 33 41 10 ne:nf^reed Conerete StE)Fm Sewer_Pipe Culverts 33 41 11 High Density Polyethylene(HDPE)Pipe for-Stom D- 33 41 12 Deinfer-reed Delyethlene(SRPE)-P ne � rrr�zc�-nrrorccvTvrJcnncna�or��7-: :pc 33 4600 SubdFainage 33 4601 Sletted Steffi, Dr-ains 33n6 02 » Tv-vFe S 33 nn 10 Cast in Dleee Manholes and r„netion 12e..es- 33 4920 Curt and DFep inlets 33 4940 Ste....., DFainage He,.,l.,,.,lls and Wif.,.f,,..ns Division 34-Transportation 34 41 10 T-r-affie Signals- 34 41 10.01 A#aeehm nt A GentfelleF Cabinet 34 41 10.02 ntt„ehmeant o rentfeller Spee:f:e„t:en 34 ^1- 1 100..003 A14ia hetet} C eeft...,.fe Spee_i ..,t:en 34 41 13 Remeving 44affie Signals 34 41 15 ReetangulaF Rapid Flashing Beacen 34 41 16 Pedestrian 14 ,bFid S igfi l 34 4120 De.,,lway rllufainetion Assemblies 34 T41 20.01 Tftefial ED ve,away T UTl] C7TGj 34 4120.02 F-r-eeway LED Readway Luminaires 34 41 20.03 Desid nt:..l LEE) De.,d..ay r ufni iaiFe„ 34 41 30 Aluminum Signs 3471 13 Traffic Control Appendix GC-4.01 Availability of Lands GC-4.02 Subsurface and Physical Conditions GC-4.04 Underground Facilities CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised February 2,2016 000000-5 TABLE OF CONTENTS Page 5 of 6 GC-4.06 Hazardous Environmental Condition at Site 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 Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPI_CIFICATION DOCUMENTS City Project Number 02223 Revised February 2.2016 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/15/2017 - Ordinance No. 22842-08-2017 & Resolution No. 4833-08-2017 DATE: Tuesday, August 15, 2017 REFERENCE NO.: C-28340 LOG NAME: 60MCM365VARPl-CIRCLEC SUBJECT: Authorize Execution of a Contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company in the Amount of$1,634,700.00 for Marine Creek Interceptor Improvements Phase I, Part 1, Provide for Project Costs, Materials Testing and Contingencies for a Total Project Amount of$1,922,700.00, Adopt Resolution Expressing Official Intent to Reimburse Expenditures with Proceeds of Future Debt and Adopt Appropriation Ordinance (COUNCIL DISTRICT 2) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached resolution expressing official intent to Reimburse Expenditures with proceeds of future debt for the Marine Creek Interceptor Improvements Project; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Water and Sewer DPN Fund in the amount of $1,922,700.00; and 3. Authorize execution of a contract with William J. Schultz, Inc., d/b/a Circle "C" Construction Company, Inc., in the amount of$1,634,700.00 for Marine Creek Interceptor Improvements Phase I, Part 1. (City Project No.02223) DISCUSSION: This project provides for trenchless pipe enlargement to upgrade and replace an existing deteriorated sanitary sewer main located within the Marine Creek Basin beginning from Bowman Roberts Road/Cromwell Marine Creek Road intersection southerly 5,500 feet. This project was advertised for bids on April 13, 2017 and April 20, 2017 in the Fort Worth Star-Telegram. On June 8, 2017 the following bids were received: Bidder Amount Time of Completion William J. Schultz, Inc. d/b/a Circle "C" 320 Calendar Construction Company, $1,634,700.00 Days Inc. y PM Construction, Inc. $1,999,365.00 ARK Construction Company, Inc. $2,500,400.00 In addition to the contract cost, $206,200.00 is required for project management, material testing and inspection and $81,800.00 is provided for project contingency. Logname: 60MCM365VARPl-CIRCLEC Page I of 3 This project is anticipated to be included in a future revenue bond issue for the Water and Sewer Fund. Available cash within the Water and Sewer portfolio and the City's portfolio along with the appropriation authority authorized under the Direct Purchase Note (DPN) Program will be used to provide interim financing for this project until debt is issued. To the extent resources other than the Water and Sewer portfolio are used to provide interim financing, the Water and Sewer Fund will be charged interest that is equivalent to the overall rate of return being earned by the City portfolio (currently approximately one- percent annually). Should the City's portfolio not support the liquidity needed to provide an interim short- term financing source, another funding source will be required, which could mean issuance of securities under the DPN Program or earlier issuance of Water and Sewer revenue bonds than is currently planned. Once debt associated with this project is sold, bond proceeds will be used to reimburse the Water and Sewer portfolio and the City's portfolio in accordance with the attached Reimbursement Resolution. The City Council adopted the Water Department's Fiscal Year 2017-2021 Five Year Capital Improvement Plan on January 24, 2017, Mayor and Council Communication (M&C G-18927). This City Council adopted plan includes this specific project, with funding identified through the DPN program to be reimbursed with future revenue bonds. In accordance with the provisions of the Financial Management Policy Statement, Staff anticipates presenting revenue-supported debt issuances to the City Council for consideration within the next three years. This debt must be issued within approximately three years to provide reimbursement for these expenses. If that does not occur, the costs will no longer be reimbursable by issuing tax-exempt debt and the funding source will have to be made whole through budgetary methods. Adoption of this resolution does not obligate the City to sell bonds, but preserves the ability to reimburse the City from tax- exempt bond proceeds. Construction is anticipated to commence in November 2017 and be completed by October 2018. The overall project budget is estimated to be $1,922,700.00. This project is part of the Water Department's Sanitary Sewer Overflow Initiative Program. This project will have no impact on the Water Department's Operating Budget when complete. M/WBE OFFICE —William J. Schultz, Inc., d/b/a Circle "C" Construction Company, is in compliance with City' s BDE Ordinance by documenting good faith effort. The City's MBE goal on this project is six percent. The project is located in COUNCIL DISTRICT 2. FISCAL INFORMATION / CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinance, funds will be available in the Water& Sewer DPN Fund for the Marine Creek Interceptor, Phase 1, Part 1 Project as depicted in the table below. !FUND ;Existing Additional !Project Total* 'Appropriations lAppropriations{ 'Sewer Capital Fund - Legacy 1$1,070,956.00 : $1 070,956.00 1 E$0.00 59607 Water & Sewer DPN Fund 560111$0.00 $1,922,700.00 1$1,922,700.001 'Project Total ;$1,070,956.001$1,922,700 00. $2,993,656.00 *Numbers rounded for presentation purposes. Logname: 60MCM365VARPI-CIRCLEC Page 2 of 3 FUND IDENTIFIERS (FIDs): TO Fund Department ccountl Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM r�� artment ccoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Kara Shuror (8819) Additional Information Contact: Robert Sauceda (2387) ATTACHMENTS 1. 60MCM365VARP1 CIRCLEC 1295.pdf (Public) 2. 60MCM365VARPl-CIRCLEC Map.pdf (Public) 3. 60MCM365VARPl-CIRCLEC-REIMB RESOLUTION.doc (Public) 4. 60MCM365VARPl-CIRCLEC 60 AO 17Rev.docx (Public) 5. 60MCM365VARP1CIRCLEC MWBE REVISED.pd (CFW Internal) 6. 60MCM365VARP1CIRCLECFIDTable.pdf (CFW Internal) 7. CO2223 56011 MC Budget.MHT (CFW Internal) Logname: 60MCM365VARPI-CIRCLEC Page 3 of 3 60MCM365VARPI-CIRCLEC FID Table: FIDs (KK JOURNAL ENTRIES) D• 18,2 56011 1 0600430 002223 2017 $ 1,922,700.00 FIDs (GL JOURNAL ENTRIES) Mtys FIDs (Expense Only No KK or GL Entries Needed) Rec Fund Dept# Account Project ID Activity BudgetYear CF Program Amount 3 56011 0600430 5740010 002223 001783 9999 $ 1,634,700.00 00 W 10-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page I of I i SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION (M&C) 3 4 5 6 [Assembler. For Contract Document execution, remove this page and replace with the approved 7 M&C for the award of the project. M&C insert shall be on blue paper.] 8 9 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICA"MON DOCUMENTS City Project Number 02223 Revised,lulu 1,2011 ADDENDUM NO. 1 MARINE CREEK INTERCEPTOR IMPROVEMENTS — PHASE I SANITARY SEWER REPLACEMENT- PART I CITY PROJECT NO. 02223 DOE NO. 7214 SEWER PROJECT NO. 59607-070430-CO2223-C01783 TO ALL PROSPECTIVE BIDDERS: The Bid Date for this Project is changed to Thursday, June 8, 2017. The last day to submit questions before the bid opening date is Friday, June 2, 2017. The Agenda and Sign-In Sheets from the Pre-Bid Conference, held on Thursday, May 4, 2017 are attached to this addendum for informational purposes only. Nothing contained in the agenda of this meeting shall be interpreted as changing the Contract Documents. Only specific addendum items change the Contract Documents. The Contract Documents for the above referenced project are amended in the following particulars only, all other terms remaining unchanged. GENERAL: 1. Send future inquiries to the following: Attn: Roberto C. Sauceda, P.E., City of Fort Worth Email: Robert.Sauceda@fortworthtexas.gov Phone:817-392-2387 AND/OR Attn: Asha John, P.E., HDR Email: Asha.John(a-)hdrinc.com Phone: 817-390-9817 2. A half-size drawing set is now uploaded to the Bid Documents folder on Buzzsaw. ANSWERS TO QUESTIONS RECEIVED AT THE PRE-BID MEETING: 1, Question: Can the City provide flow parameters for the existing sewer line so that the bypass pumping system for construction can be sized correctly? Answer: Current peak flows are at approximately 4 MGD. Page 1 of 2 — END OF ADDENDUM — RECEIPT OF THIS ADDENDUM MUST BE ACKNOWLEDGED IN THE BID PROPOSAL. FAILURE TO DO SO MAY SUBJECT BIDDER TO DISQUALIFICATON. THIS ADDENDUM FORMS A PART OF THE CONTRACT DOCUMENTS. Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the amended Proposal (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED&ACKNOWLEDGED ADDEND UM NO. 1" Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered"NON-RESPONSIVE",resulting in disqualification. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. RECEIPT ACKNOWLEDGED: By: � John R. Carman Director, Water 1)., Title: By. Roberto C. Sauceda,P.E. Title: Senior Professional Engineer Page 2 of 2 001113-I INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of Marine Creek Interceptor Improvements -Phase I (Sanitary 6 Sewer Replacement— Part I), City Project No. 02223 will be received by the City of Fort Worth 7 Purchasing Office: 8 9 City of Fort Worth 10 Purchasing Division 11 1000 Throckmorton Street 12 Fort Worth,Texas 76102 13 until {1:30 P.M. CST, Thursday, MAY 18, 2017), and bids will be opened publicly and read 14 aloud at 2:00 PM CST in the Council Chambers. 15 16 GENERAL DESCRIPTION OF WORK 17 The major work will consist of the (approximate) following: 1700 LF of 18"-24" sanitary sewer 18 by pipe enlargement, 2400 LF of 15"-21"sanitary sewer by pipe enlargement, and 1500 LF of 19 21"sanitary sewer pipe by open cut. Improvements will include the replacement of 11 existing 20 manholes, installation of 10 new manholes, and open cut point repairs corresponding to pipe 21 bursting activities. 22 23 PREQUALIFICATION 24 The improvements included in this project must be performed by a contractor who is pre- 25 qualified by the City at the time of bid opening. The procedures for qualification and pre- 26 qualification are outlined in the Section 00 21 13 —INSTRUCTIONS TO BIDDERS. 27 28 DOCUMENT EXAMINATION AND PROCUREMENTS 29 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 30 of Fort Worth's Purchasing Division website at littp://www.fortworthtexas.gov/purchasing/and 31 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 32 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 33 suppliers. The contractor is required to fill out and notarize the Certificate of Interested 34 Parties Form 1295 and the form must be submitted to the Project Manager before the 35 contract will be presented to the City Council. The form can be obtained at 36 https://www.ethics.state.tx.us/tee/1295-Info.htm . 37 38 Copies of the Bidding and Contract Documents may be purchased any time after noon on 39 Monday April 24, 2017 from: 40 41 HDR Engineering, Inc. 42 600 W. 6`I' St., Suite 200 43 Fort Worth, TX 76102 44 Phone: 817-333-2800 45 46 The cost of Bidding and Contract Documents is: 47 Set of Bidding and Contract Documents with full size drawings: $50 48 49 CITY OF FORT WORTI I Marine Crcck Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised December 22,2016 00 11 13-2 INVITATION TO BIDDERS Page 2 of 2 1 2 3 PREBID CONFERENCE 4 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 5 BIDDERS at the following location, date, and time: 6 DATE: Thursday, May 4, 2017 7 TIME: 9:00 AM 8 PLACE: 600 W. 6'"St, Suite 200 9 Fort Worth, Texas 76102 10 LOCATION: Second floor of building. 11 12 13 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 14 City reserves the right to waive irregularities and to accept or reject bids. 15 16 FUNDING 17 Any contract awarded under this INVITATION TO BIDDERS is expected to be funded from 18 revenues generated from bonds and dedicated by OWNER's Administrative Board to the work 19 under this INVITATION TO BIDDERS. 20 21 INQUIRIES 22 All inquiries relative to this procurement should be addressed to the following: 23 Attn: Robert C. Sauceda, P.E., City of Fort Worth 24 Email: Robert.Sauceda@fortworthtexas.gov 25 Phone: 817-392-2387 26 AND/OR 27 Attn: Douglas K.Biglen, P.E., HDR 28 Email: Douglas.Biglen@hdrinc.com 29 Phone: 817-333-2800 30 31 ADVERTISEMENT DATES 32 April 20,2017 33 April 27,2017 34 35 36 END OF SECTION CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised December 22,2016 002113-1 INSTRUCTIONS TO BIDDERS Page l of 10 1 SECTION 00 21 13 2 INSTRUCTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any person, firm, partnership, company, association,or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents. 14 15 1.2.2. Nonresident Bidder: Any person, firm,partnership,company,association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas. 19 20 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided)makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 37 requirement work types and documentation are as follows: 38 39 3.1.1. Paving—Requirements document located at; 40 https:Hproiectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 41 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 42 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ 43 UIREMENTS%20FOR%20PA VING%2000NTRACTORS.PDF?public 44 45 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 46 https:Hproieclpoint.buzzsaw.com/fortworthgov/Resources/02%20- 47 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 48 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ 49 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase l STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised August 21,2015 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 10 1 2 3.1.3. Water and Sanitary Sewer—Requirements document located at; 3 https:Hprojectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 4 %20Construction%2ODocuments/Contractor%2OPrequalification/Water%2Oand%2 5 OSanitM%2OSewer%2OContractor%2OPrequal ification%2OProaram/W SS%20pre 6 qual%20requirements.doc?public 7 8 9 3.2.Each Bidder unless currently prequalified, must be prepared to submit to City within 10 seven (7)calendar days prior to Bid opening,the documentation identified in Section 00 11 45 11, BIDDERS PREQUALIFICATIONS. 12 13 3.2.1. Submission of and/or questions related to prequalification should be addressed to 14 the City contact as provided in Paragraph 6.1. 15 16 17 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 18 bidder(s)for a project to submit such additional information as the City, in its sole 19 discretion may require, including but not limited to manpower and equipment records, 20 information about key personnel to be assigned to the project, and construction schedule, 21 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 22 deliver a quality product and successfully complete projects for the amount bid within 23 the stipulated time frame. Based upon the City's assessment of the submitted 24 information, a recommendation regarding the award of a contract will be made to the 25 City Council. Failure to submit the additional information, if requested, may be grounds 26 for rejecting the apparent low bidder as non-responsive. Affected contractors will be 27 notified in writing of a recommendation to the City Council. 28 29 3.4.In addition to prequalification, additional requirements for qualification may be required 30 within various sections of the Contract Documents. 31 32 4. Examination of Bidding and Contract Documents, Other Related Data,and Site 33 34 4.1.Before submitting a Bid, each Bidder shall: 35 36 4.1.1. Examine and carefully study the Contract Documents and other related data 37 identified in the Bidding Documents(including "technical data" referred to in 38 Paragraph 4.2. below).No information given by City or any representative of the 39 City other than that contained in the Contract Documents and officially 40 promulgated addenda thereto, shall be binding upon the City. 41 42 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 43 site conditions that may affect cost, progress, performance or furnishing of the 44 Work. 45 46 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 47 progress, performance or furnishing of the Work. 48 CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised August 21,2015 002113-3 INSTRUCTIONS TO BIDDERS Page 3 of 10 1 4.1.4. Be advised, City, in accordance with Title VI of the Civil Rights Act of 1964, 78 2 Stat.252,42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, 3 Department of Transportation, Subtitle A, Office of the Secretary,Part 21, 4 Nondiscrimination in Federally-assisted programs of the Department of 5 Transportation issued pursuant to such Act, hereby notifies all bidders that it will 6 affirmatively insure that in any contract entered into pursuant to this advertisement, 7 minority business enterprises will be afforded full opportunity to submit bids in 8 response to this invitation and will not be discriminated against on the grounds of 9 race,color, or national origin in consideration of award. 10 11 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 12 contiguous to the Site and all drawings of physical conditions relating to existing 13 surface or subsurface structures at the Site (except Underground Facilities)that 14 have been identified in the Contract Documents as containing reliable "technical 15 data" and (ii)reports and drawings of Hazardous Environmental Conditions, if any, 16 at the Site that have been identified in the Contract Documents as containing 17 reliable "technical data." 18 19 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 20 the information which the City will furnish. All additional information and data 21 which the City will supply after promulgation of the formal Contract Documents 22 shall be issued in the form of written addenda and shall become part of the Contract 23 Documents just as though such addenda were actually written into the original 24 Contract Documents.No information given by the City other than that contained in 25 the Contract Documents and officially promulgated addenda thereto, shall be 26 binding upon the City. 27 28 4.1.7. Perform independent research, investigations,tests, borings,and such other means 29 as may be necessary to gain a complete knowledge of the conditions which will be 30 encountered during the construction of the project. On request, City may provide 31 each Bidder access to the site to conduct such examinations, investigations, 32 explorations,tests and studies as each Bidder deems necessary for submission of a 33 Bid. Bidder must fill all holes and clean up and restore the site to its former 34 conditions upon completion of such explorations, investigations,tests and studies. 35 36 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 37 cost of doing the Work, time required for its completion, and obtain all information 38 required to make a proposal. Bidders shall rely exclusively and solely upon their 39 own estimates, investigation, research,tests, explorations, and other data which are 40 necessary for full and complete information upon which the proposal is to be based. 41 It is understood that the submission of a proposal is prima-facie evidence that the 42 Bidder has made the investigation, examinations and tests herein required. Claims 43 for additional compensation due to variations between conditions actually 44 encountered in construction and as indicated in the Contract Documents will not be 45 allowed. 46 CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 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 f8 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 Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 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 1000 Throckmorton Street 35 Fort Worth,TX 76102 36 Attn: Robert C. Sauceda, P.E., Water Department 37 Fax: 817-392-8195 38 Email: Robert.Sauceda@fortworthtexas.gov 39 Phone: 817-392-2387 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 Marine Creek Interceptor Improvements—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 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 01 25 00 of the General Requirements. 40 41 11. Subcontractors,Suppliers and Others 42 CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 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 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. 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 Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised August 21,2015 0021 13-8 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. 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 Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised August 21.2015 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 Marine Creek Interceptor Improvements—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised August 21,2015 0021 11-10 INSTRUCTIONS TO BIDDERS Page 10 of 10 l 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 I I 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 Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised August 21.'_015 0035 13-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 l SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 ll http://www.ethics.state.tx.us/forms/CIQ.pdf 12 13 hgp://www.ethics.state.tx.us/forms/CIS.pdf 14 15 0 CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 0 CIS Form is on File with City Secretary 20 21 Q CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 William J Schultz,Inc. 27 dba Circle C Construction Company 28 By: Teresa S. Skelly 29 Company (Pleat) 30 31 P.O.Box 40328 Signature: 32 Address 33 34 Fort Worth.Texas 76140 Title: President 35 City/State/Zip (Please Print) 36 37 38 END OF SECTION CITY OF FORT WORTH Marine Creels Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16.2017 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: Marine Creek Interceptor Improvements-Phase I (Sanitary Sewer Replacement-Part 1) [Cromwell Marine Creek Rd./Bowman Roberts Rd. to South of Oncor Electric Delivery corridor] City Project No.: 02223 Units/Sections: !;, Ser�ui n Name H ere or Spas .:.Se.Cti+on Name Here or Spact �;?eotrG n [dame Here or Space i_j1; ::Section Nam Here or Space 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. c. "collusive practice"means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook 0041 00 BID FORM Page 2 of 3 d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Sewer Bypass Pumping, 18-inches and smaller b. Sewer Bypass Pumping, 18-inches-36-inches c. CCTV,24-inches and smaller d. Sewer Interceptors, Urban/Renewal, 24-inches and smaller e. Sewer Pipe Enlargement, 24-inches and smaller f. Sewer Cleaning, 24-inches and smaller g. Asphalt Paving Construction/Reconstruction (Less than 15,000 SY) 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 220 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work(and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. 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 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 0041 00 BID FORM Page 3 of 3 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bid Items<use this if applicable, otherwise delete> Total Base Bid <use this if applicable, otherwise delete $0.00 Alternate Bid <use this if applicable, otherwise delete> $0.00 delete> $0.00 delete> $0.00 Total Bid $1,634,700.00 7. Bid Submittal This Bid is submitted on June 8, 2017 by the entity named below. Respectfully submitted, Receipt is acknowledged of the Initial // following Addenda: By:_ Addendum No. 1: TSS (Signature) Addendum No. 2: Addendum No. 3: Teresa S. IIV lAddendum No.4: (Printed Name) Title: President Company: William J Schultz, Inc. dba Circle C Construction Comp Corporate Seal: Address: P.O. Box 40328 Fort Worth, Texas 76140 State of Incorporation: Texas Email: t.skelly(cDcirclecconstruction.com Phone: 817-293-1863 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook BID PROPOSAL Page 1 of 10 SECTION 00 42 43 PROPOSAL FORM UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidllst Item No. Description Specification Unit of Bid Unit Price Bid Value Section No. Measure Quantity 0241.0500 Remove Fence 0241 13 LF 100 $15.00 $1,500.00 0241.2016 Remove 15"Sewer Line 0241 14 LF 1500 $25.00 $37,500.00 0241.2201 Remove 4'Sewer Manhole 0241 14 EA 12 $1,000.00 $12,000.00 0330.0001 Concrete Encase Sewer Pipe 03 30 00 CY 30 $200.00 $6,000.00 _... ....___...._. _.__.,._..___.......__..._. _.,0 3110.0101 Site Clearing 31 1000 LS 1 $35,000.00 $35,000.00 3125.0101 SWPPP>1 acre31 2500 LS 1 $15,000.00 $15,000.00 .....,.... ..__ _..... ..._.. ..._. _.__,..., ._. 3201.0121 4'Wide Asphalt Pvmt Repair,Arterial 3201 17 LF 350 $50.00 $17,500.00 _. _.. -_ ......_. ......_...... ..._....._. 3231.0212 Smooth Wire Fence,Metal Posts 3231 26 LF 100 $15.00 $1,500.00 ............ _.... __.. ..__ . .__...,.,, .._.._.... .., _. . ..W.._...... _.._.... _.._ 3301.0001 Pre-CCTV Inspection 330131 LF 5550 $8.00 $44,400.00 _ _.. 3301.0002 Post-CCTV Inspection 3301 31 LF 5550 $4.00 $22,200.00 3301.0101 Manhole Vacuum Testing 3301 30 EA 21 $200.00 $4,200.00 3303.0001 Bypass Pumping 33 03 10 LS 1 $165,000.00 $165,000.00 - ___.._.._.-..... - ". .., , . _. _..... ..._._.....__ 3305.0103 Exploratory Excavation of Existing Utilities 33 05 30 EA 12 $1,500.00 $18,000.00 3305.0109 Trench Safety 33 05 10 LF 1500 $3.00 $4,500.00 3305.0110 Utility Markers 33 05 26LS 1 $1,500.00 $1,500.00 _._. _ _.. .... _..___....... _. 3305.0112 Concrete Collar 33 05 17 EA 21 $400.00 $8,400.00 3305.0113 Trench Water Stops 330515 EA 1 $1,500.00 $1,500.00 3331.0110 21"Sewer Pipe,Point Repair 3331 22, LF 3331 23 10 $200.00 $2,000.00 ..,....,, __ ..__... ... ........._..__.... . 3331.0111 24"Sewer Pipe, Point Repair 3331 22, LF 3331 23 10 $200.00 $2,000.00 3331.1109 18"to 24"Pipe Enlargement 33 31 23 LF 1700 $210.00 $357,000.00 3331.1108 15"to 21"Pipe Enlargement 3331 23 LF 2400 $185.00 $444,000.00 . .. ... _ __.... _ _ __....... 21"Sewer Pipe(Open-Cut) 3311 10, 3331.4308 3331 13, LF 3331 20, 3331 21 1500 $112.00 $168,000.00 8"Sewer Service, Reinstatement 3331 50, 3331.3316 3331 23 1 $2,500.00 $2,500.00 3339.0001Epoxy Manhole Liner(SpectraShield) 33 39 60 VF 300 $250.00 $75 000.0 11 0 11 .... ......... 3339.1001 4'Manhole 33 39 10, EA ... ._ ..�....._. _. .. _...._ 33 39 20 16 $4,500.00 $72,000.00 3339.1003 4'Extra Depth Manhole 333910, VF 33 39 20 50 $150.00 $7,500.00 3339.1101 5'Manhole 33 39 10, EA 33 39 20 5 $5,500.00 $27,500.00 3339.1103 5'Extra Depth Manhole _ 33 39 10, VF 33 39 20 50 $250.00 $12,500.00 3471.0001 Traffic Control 34 71 13 MO 1 $3,500.00 $3,500.00 3471.0002 Portable Message Sign 3471 13 WK 14 $500.00 $7,000.00 9999.0002 10"Sewer Service,Reinstatement 3331 50, EA 3331 23 1 $3,500.00 $3,500.00 9999.0003 12 Sewer Service,Reinstatement 33 31 50, EA 3331 23 2 $4,500.00 $9,000.00 9999.0004 Construction Staking 01 71 23 LS 1 $3,000.00 $3,000.00 9999.0005 Construction GPS As-built 01 7839 LS 1 $3,000.00 $3,000.00 9999.0006 Allowance LS 1 $40,000.00 $40,000.00 Total Bid $1,634,700.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13_Bid Proposal Workbook 0043 13 BID BOND Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) William J Schultz, Inc. dba Circle C Construction Company hereinafter called the Principal, and (Surety Name) Merchants Bonding Company (Mutual) a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Five percent(5%) of greatest amount bid and No/100 Dollars ($ .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 severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as Marine Creek Interceptor Improvements-Phase I (Sanitary Sewer Replacement-Part 1) [Cromwell Marine Creek Rd./Bowman Roberts Rd. to South of Oncor Electric Delivery corridor] 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, then this bond shall be null and void. If the Principal fails 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 fails 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 Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of , 2017. By: William J Schultz, Inc. dba Circle C Construction Company (Signature and Title of Principal) 'By: Merchants Bonding Company (Mutual) (Signature of Attorney-of-Fact) 'Attach Power of Attorney (Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 00_00 43 13_00 42 43_00 43 37_00 45 12_00 35 13 Bid Proposal Workbook 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 ricc.� c our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of s . t : , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. O BIDDER: William J Schultz, Inc. dba Circle C Construction By: Teresa S. Skelly Company P.O. Box 40328 Fort Worth, Texas 76140 (Signature) 0 Title: President Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 00 41 0000 43 13_00 42 43_00 43 37_00 45 12_00 35 13—Bid Proposal Workbook 004511 -1 BIDDERS PREQUALIFICATIONS Page I of 3 1 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 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 Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised July 1,2011 0045 11 -2 BIDDERS PRI-QUALIFICATIONS Pace 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 Preyualification 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 Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised.luly 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 Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised July 1,2011 0045 12- 1 PRFQUALIFICATION STATEMENT Pape I of I 1 SECTION 00 45 12 2 PREQUALIFICATION STATEMENT 3 Each Bidder for a City procurement is required to complete the information below by 4 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 5 major work type(s) listed. 6 Major Work Type Contractor/Subcontractor Company Prequalification Name Expiration Date Sewer Bypass Pumping, 18- inches and smaller Sewer Bypass Pumping, 18- inches—36-inches CCTV, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches Circle C Construction 4/30/2018 and smaller Sewer Pipe Enlargement, 24-inches and smaller Sewer Cleaning, 24-inches and smaller Asphalt Paving Construction/Reconstruction (Less than 15,000 SY) 7 8 9 The undersigned hereby certifies that the contractors and/or subcontractors described in 10 the table above are currently prequalified for the work types listed. 11 12 BIDDER: 13 14 William J Schultz, Inc. 15 dba Circle C Construction Company 16 By: Teresa S. Skelly 17 Company (Please Print) 18 19 P.O. Box 40328 Signature: 20 Address 21 22 Fort Worth, Texas 76140 Title: President 23 City/State/Zip (Please Print) 24 25 Date: O 7 26 27 END OF SECTION CITY OF FORT WORTH Marine Creek Interceptor lmpro%ements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Rei iscd.lune 16.2017 FORT RTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership Name under which you wish to qualify General Partnership Corporation Limited Liability Company Post Office Box City State Zip Code Street Address(required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH, TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 004513-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or ❑ Has less than $6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring- Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches, and 350 LF or less Tunneling-36-Inches—60—inches, and greater than 350 LF Tunneling—66"and greater, 350 LF and greater Tunneling—66"and greater, 350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution, Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission,Development, 24-inches and smaller Water Transmission, Urban/Renewal, 24-inches and smaller Water Transmission,Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission,Development,All Sizes Water Transmission,Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV,24-inches and smaller CCTV,42-inches and smaller CCTV,48-inches and smaller CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised December 20.2012 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System,Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal, 24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal, 42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning ,24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER$1,000,000) Asphalt Paving Heavy Maintenance ($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised December 20,2012 0045 13-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so, where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual,other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised December 20,2012 004513-5 BIDDER PREQUALIFICATION APPLICATION Page 5 ot'8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so, when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the same household with a City employee, please list the name of the City employee and the relationship. In addition, list any City employee who is the spouse, child, or parent of an owner, officer, stockholder, or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition. This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised December 20.2012 0045 13-6 BIDDER PRFQUALIFICATION APPLICATION Pace 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general, limited, or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners (if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers (with titles, if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUCIION SPECIFICATION DOCUMENTS City Project Number 02223 Revised December 20.2012 00 45 13-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCESHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment. reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include, the manufacturer, model, and general common description of each. CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase I STANDARD CONSTRUC1lON SPECIFICATION DOCUMENTS Cit_v Protect Number 02223 Revised December 20.2012 004113-8 BIDDER PREQUALIFICATION APPLICATION Pase 8 of 8 BIDDER PREQUALIFICATION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force, necessary to verify said statement. being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised December 20,2012 0045 26- 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page I of 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. 02223. Conti-actor 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 11 William J Schultz, Inc. 12 dba Circle C Construction Company 13 By: Teresa S. Skelly 14 Company (Please Print) 15 16 P.O. Box 40328 Signature: 17 Address 18 19 Fort Worth, Texas 76140 Title: President 20 City/State/Zip (Please Print) 21 ®�, 22 "'O'y?I& MICHELE S.LANKFORD r O isNotary Public 23 THE STATE OF TEXAS § STATE OF TEXAS 25 COUNTY OF TARRANT § f` ,,fi�of }PbFf got ID#110 w 6 .oaoner 7,2019 26 27 BEFORE ME, the undersivned authority, on this day personally appeared 28 TGrGSG. 5 15 1L , known to me to be the person whose name is 29 subscribed to the foregoing Inst ument, and acknowledged to me that he/she executed the same as 30 the act and deed of 15r"C-.:, ;a e_,-1- for the purposes and 31 consideration therein expressed and in the capacity therein stated. 32 p 33 GIVEN UNDER MY HAND AND SEAL OF OFFICE this —1 day of 34 JU La 20LI. 35 36 ' ^ - 37 1 38 Notary Public in and for the State f Texas 39 40 END OF SECTION 41 CITY OF FORT WORTH Marine Creek Interceptor Improvements —Phase I STANDARD CONSTRUCTION SPFCIFICA")'ION DOCUMENTS City Prgject Number 02223 Revised June 16.2017 004540-1 Minority Business Enterprise Specifications Page I 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 8%of the total bid value of the contract (Base bid applies to Parks 14 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. ThQf er€�r shall 30 lehv r t`he N documentation in person to the appropriate employee of 1� lila al€ %r>tsllod a r l 31 o Caih a datelt>rne.receipt Such receipt sfta�Il lae:evidence that the fid,,,, entatrAn it3`21�e 32 time- 'cicated .A'faed andldr emailed copyviIl 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 Marine Creek interceptor Improvements—Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16,2017 004540-2 Minority Business Enterprise Specifications Pave 2 of 2 I 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 M/WBE Office at (817)212-2674. 8 END OF SECTION 9 10 11 CITY OF FORT WORTI I Marine Creek Interceptor Improvements—Phase 1 STANDARD CONSTRUCTION SPI CIFICATION DOCI JMENTS City Project Number 02223 Revised June 16,2017 004541-1 SMALL BUSINESS ENTERPRISE GOAL Page I of 2 1 SECTION 00 45 3941 2 SMALL BUSINESS ENTERPRISE GOAL 3 APPLICATION OF POLICY 4 If the total dollar value of the contract is $50,000 or more, then a SBE 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 Small 9 Business Enterprises (SBE) 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 SBE PROJECT GOAL 13 The City's SBE goal on this project is % of the base bid (Base bid applies to Parks and 14 Community Services). 15 16 Note: If both MBE and SBE subcontracting goals are established for this project, then an 17 Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed 18 responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts $50,000 or more where a SBE subcontracting goal is applied Offerors are required 22 to comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the 23 following: 24 1. Meet or exceed the above stated SBE goal through SBE subcontracting participation,or 25 2. Meet or exceed the above stated SBE goal through SBE Joint Venture participation,or 26 3. Good Faith Effort documentation, or; 27 4. Prime Waiver documentation. 28 29 SUBMITTAL OF REQUIRED DOCUMENTATION 30 The applicable documents must be received by the Purchase Division, within the following times 31 allocated, to order for the entire bid to be considered responsive to the specifications T1e 61&for 32 ��dI>vr 1he,SBE documentation in person ttz #lse apfap � €� � ` 1trc�tri 33 di �at �i v aYZtain a date/time receipt. Supp:receipt shall be evlijet� ��tete �et�� tltc 34rdt ,tn'the time allocated. A faxed and/or emailed core �etlt 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,if participation 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 opening date, exclusive of the bid opening date. 35 CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase l STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 9,2015 0045 41 -2 SMALL BUSINESS ENTERPRISE GOAL Pate 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 10 DISQUALIFICATION PERIOD OF THREE YEARS. 1 I Any questions, please contact the M/WBE Office at (817) 212-2674 12 13 END OF SECTION CITY OF FORT WORTH Marine Creek Interceptor Improvements—Phase STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 011 Project Number 02223 Revised.lune 9.2015 005243-1 Agreement Page 1 of 5 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on _ 1 S / is made by and between the City of 4 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 5 Manager,("City'l,and William J. Schultz, Inc. dba Circle C Construction Company, authorized 6 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 12 the 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 15 part is generally described as follows: 16 Marine Creek Interceptor Improvements - Phase I 17 Sanitary Sewer Replacement— Part I 18 City Project No. 02223 19 Article 3. CONTRACT TIME 20 3.1 Time is of the essence. 21 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 22 Documents are of the essence to this Contract. 23 3.2 Final Acceptance. 24 The Work will be complete for Final Acceptance within 220 days after the date when 25 the Contract Time commences to run as provided in Paragraph 2.03 of the General 26 Conditions. 27 3.3 Liquidated damages 28 Contractor recognizes that time is of the essence of this Agreement and that City will 29 suffer financial loss if the Work is not completed within the times specified in 30 Paragraph 3.2 above, plus any extension thereof allowed in accordance with Article 31 12 of the General Conditions. The Contractor also recognizes the delays, expense 32 and difficulties involved in proving in a legal proceeding the actual loss suffered by 33 the City if the Work is not completed on time. Accordingly, instead of requiring any 34 such proof , Contractor agrees that as liquidate ' damages for delay (but of as a 35 penalty), Contractor shall pay City Ce 44AK4 -V�'�Rfal4dred Dollars ($ W.00 ) for 36 each day that expires after the time specified in Paragraph 3.2 for Final Acceptance 37 until the City issues the Final Letter of Acceptance. 38 39 40 CITY OF FORT WORTH Marine Creek Interceptor Improvements-Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16,2017 005243-2 Agreement Page 2 of 5 41 42 43 Article 4. CONTRACT PRICE 44 City agrees to pay Contractor for performance of the Work in accordance with the Contract 45 Documents an amount in current funds of One Million, Six Hundred ThiM-Four Thousand, 46 Seven Hundred Dollars ($ 1,634,700.00 ). 47 Article 5. CONTRACT DOCUMENTS 48 5.1 CONTENTS: 49 A. The Contract Documents which comprise the entire agreement between City and 50 Contractor concerning the Work consist of the following: 51 1. This Agreement. 52 2. Attachments to this Agreement: 53 a. Bid Form 54 1) Proposal Form 55 2) Vendor Compliance to State Law Non-Resident Bidder 56 3) Prequalification Statement 57 4) State and Federal documents (project specific) 58 b. Current Prevailing Wage Rate Table 59 c. Insurance ACORD Form(s) 60 d. Payment Bond 61 e. Performance Bond 62 f. Maintenance Bond 63 g. Power of Attorney for the Bonds 64 h. Worker's Compensation Affidavit 65 i. MBE and/or SBE Commitment Form 66 j. Form 1295 Certification No. 70 Z3 z 69'1 67 3. General Conditions. 68 4. Supplementary Conditions. 69 5. Specifications specifically made a part of the Contract Documents by 70 attachment or, if not attached, as incorporated by reference and described in 71 the Table of Contents of the Project's Contract Documents. 72 6. Drawings. 73 7. Addenda. 74 8. Documentation submitted by Contractor prior to Notice of Award. 75 9. The following which may be delivered or issued after the Effective Date of the 76 Agreement and, if issued, become an incorporated part of the Contract 77 Documents: 78 a. Notice to Proceed. 79 b. Field Orders. 80 c. Change Orders. 81 d. Letter of Final Acceptance. 82 83 CITY OF FORT WORTH Marine Creek Interceptor Improvements-Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16,2017 005243-3 Agreement Page 3 of 5 84 Article 6. INDEMNIFICATION 85 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at 86 its own expense, the city, its officers, servants and employees, from and 87 against any and all claims arising out of, or alleged to arise out of, the work 88 and services to be performed by the contractor, its officers, agents, 89 employees, subcontractors, licenses or invitees under this contract. This 90 indemnification provision is specifically intended to operate and be effective 91 even if it is alleged or proven that all or some of the damages being sought 92 were caused, in whole or in part, by any act, omission or negligence of the 93 city. This indemnity provision is intended to include, without limitation, 94 indemnity for costs, expenses and legal fees incurred by the city in 95 defending against such claims and causes of actions. 96 97 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own 98 expense, the city, its officers, servants and employees, from and against any 99 and all loss, damage or destruction of property of the city, arising out of, or 100 alleged to arise out of, the work and services to be performed by the 101 contractor, its officers, agents, employees, subcontractors, licensees or 102 invitees under this contract. This indemnification provision is specifically 103 intended to operate and be effective even if it is alleged or proven that all or 104 some of the damages being sought were caused, in whole or in part, by any 105 act, omission or negligence of the city. 106 107 Article 7. MISCELLANEOUS 108 7.1 Terms. 109 Terms used in this Agreement which are defined in Article 1 of the General Conditions 110 will have the meanings indicated in the General Conditions. 111 7.2 Assignment of Contract. 112 This Agreement, including all of the Contract Documents may not be assigned by the 113 Contractor without the advanced express written consent of the City. 114 7.3 Successors and Assigns. 115 City and Contractor each binds itself, its partners, successors, assigns and legal 116 representatives to the other party hereto, in respect to all covenants, agreements and 117 obligations contained in the Contract Documents. 118 7.4 Severability. 119 Any provision or part of the Contract Documents held to be unconstitutional, void or 120 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 121 remaining provisions shall continue to be valid and binding upon CITY and 122 CONTRACTOR. CITY OF FORT WORTH Marine Creek Interceptor Improvements-Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16,2017 005243-4 Agreement Page 4 of 5 123 7.5 Governing Law and Venue. 124 This Agreement, including all of the Contract Documents is performable in the State of 125 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for 126 the Northern District of Texas, Fort Worth Division. 127 7.6 Other Provisions. 128 The Contractor agrees to pay at least minimum wage per hour for all labor as the 129 same is classified, promulgated and set out by the City, a copy of which is attached 130 hereto and made a part hereof the same as if it were copied verbatim herein. 131 7.7 Authority to Sign. 132 Contractor shall attach evidence of authority to sign Agreement, if other than duly 133 authorized signatory of the Contractor. 134 135 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 136 counterparts. 137 138 This Agreement is effective as of the last date signed by the Parties ("Effective Date'. 139 Contractor: City of Fort Worth William J. Schultz, Inc. dba Circle C Construction Company By: � Jay Chapa By: Assistant City Manager (Signature) Date Teresa S. Skelly Attest: (Printed Name) City Secretary y pF ... (Seal) �'� T Title: President V• ;� Address: P. O. Box 40328 M&C G - ?Mf) 500 W. Trammell Date: qS... Contract Compliance Manager: - Date By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. OFFICIAL.RECORD CITY SECRETARY NAME Z'/ . FT.WORM TX (Title) SfA:J,- �ialtss;r►f/ ESS:a<<� CITY OF FORT W Marine Creek Interceptor Improvements-Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16,2017 005243-5 Agreement Page 5 of 5 roved to rm and Legality: Blas W. Black Assistant City Attorney 140 141 142 APPROVAL RECOMMENDED: 143 144 / 145 [ L 146 Chris Harder, P.E. 147 ASSISTANT DIRECTOR, 148 Water Department 149 CITY OF FORT WORTH Marine Creek Interceptor Improvements-Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16,2017 006113-1 PERFORMANCE BOND Page I of 2 1 BOND NO. TXC608533 2 SECTION 00 61 13 3 PERFORMANCE BOND 4 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: 7 COUNTY OF TARRANT § 8 9 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as 10 "Principal" herein and Merchants Bonding Company (Mutual), a corporate surety(sureties, if 11 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein 12 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 13 corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of 14 One Million, Six Hundred Thirty-Four Thousand, Seven Hundred Dollars ($1,634,700.00), 15 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the 16 payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, 17 administrators, successors and assigns,jointly and severally, firmly by these presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City 19 awarded the 15th day of l-ti yN,( t , 2017, which Contract is hereby referred to 20 and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, 21 equipment labor and other accessories defined by law, in the prosecution of the Work, including 22 any Change Orders, as provided for in said Contract designated as 23 Marine Creek Interceptor Improvements- Phase I- Sanitary Sewer Replacement—Part I— 24 City Proiect No.02223 25 NOW, THEREFORE, the condition of this obligation is such that if the said Principal 26 shall faithfully perform it obligations under the Contract and shall in all respects duly and 27 faithfully perform the Work, including Change Orders,under the Contract, according to the plans, 28 specifications, and contract documents therein referred to, and as well during any period of 29 extension of the Contract that may be granted on the part of the City, then this obligation shall be 30 and become null and void,otherwise to remain in full force and effect. 31 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 32 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 33 Worth Division. CITY OF FORT WORTH Marine Creek Interceptor Improvements-Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16,2017 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 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 15/4 day of 6 2017. 7 PRINCIPAL: 8 9 William J. Schultz,Inc.dba 10 Circle C Construction Company 11 12 BY: _ 13 Signature 14 ATTEST: . 15 m -t) . Lon�U Teresa S.Skelly,President 16 (Principal)Secretary,Michele S.L kford Name and Title 17 18 Address: P. O.Box 40328 19 20 Fort Worth,TX 76140 21 22 23 Witness as to Principal 24 SURETY: 25 26 Merchants Uonding Company M tual 27 28 BY: 29 Signature 30 31 Sheryl A.Klutts,Attorney-in-Fact 32 Name and Title 33 34 Address: 6700 Westown Parkway 35 36 / West Des Moines,IA 50266 37 38 Witness as to Surety,John A.Alter Telephone Number: 1-800-678-8171 39 40 41 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH Marine Creek Interceptor Improvements-Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16,2017 MERCHANT BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa(herein collectively called the"Companies')do hereby make,constitute and appoint,individually, John A Miller;John R Stockton;Sheryl A Klutts their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of April 2017 ••.••PZ10 Nq� ••o�ilG Cp••.• •• �: SP 0. e0•� �'4*�Rpp9 '0q•• MERCHANTS BONDING COMPANY(MUTUAL) . 46o. MERCHANTS NATIONAL BONDING,INC. p2:2 _0_ ptG: ;1- cam; • v. 2003 1p :i. 1933 e: By •••'aJ� .•'....... ..•.':i, •• ••,,6.�(�i'" '.\1�.' President STATE OF IOWA ••'••.........•••• •••....••• COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. �P�tac s AUCIA K.GRAM a q Commission Number 767430 My Commission Expires April 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this S� day of 1 431,s�' 2017 . L •��........,•• ••►--.•• •,•aPZ 10 Nq�••.,• ;•.��l1G C?,�-. 'd' 1933 Secretary �v 2003 r.� :yv. ;y; POA 0018 (3/17) "'��"'�•••• ••••�••• 0061 14-1 PAYMENT BOND Page 1 of 2 1 BOND NO.TXC608533 2 SECTION 00 61 14 3 PAYMENT BOND 4 5 THE STATE OF TEXAS § 6 § KNOW ALL BY THESE PRESENTS: 7 COUNTY OF TARRANT § 8 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as 9 "Principal" herein, and Merchants Bonding Company (Mutual), a corporate surety (sureties), 10 duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or 11 more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created 12 pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of One 13 Million, Six Hundred Thirty-Four Thousand, Seven Hundred DOLLARS ($1,634,700.00), 14 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the 15 payment of which sum well and truly be made, we bind ourselves, our heirs, executors, 16 administrators, successors and assigns,jointly and severally, firmly by these presents: 17 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 18 71 day of A46 u S 4 , 2017 which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and 20 other accessories as defined by law, in the prosecution of the Work as provided for in said 21 Contract and designated as 22 Marine Creek Interceptor Improvements—Phase I—Sanitary Sewer Replacement—Part I— 23 City Project No.02223 24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal 25 shall pay all monies owing to any(and all)payment bond beneficiary(as defined in Chapter 2253 26 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, 27 then this obligation shall be and become null and void; otherwise to remain in full force and 28 effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas 30 Government Code, as amended, and all liabilities on this bond shall be determined in accordance 31 with the provisions of said statute. CITY OF FORT WORTH Marine Creek Interceptor Improvements-Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16,2017 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this PSt4 day of A k Lit , 3 2017. PRINCIPAL: William J. Schultz,Inc. dba Circle C Construction Comnanv ATTEST: BY: Signature '15. =L Teresa S. Skelly—President (Principal) Secretary,Michele S ankford Name and Title Address: P.O.Box 40328 Fort Worth,TX 76140 Witness as to Principal SURETY: Merchants / Company Mutual ATTEST: BY: &AIA1 Signature Sheryl A.Klutts,Attorney-in-Fact (Surety) Secretary Name and Title Address: 6700 Westown Parkway Ls • West Des Moines,IA 50266-7754 Witness as to Surety,John A.killer Telephone Number: 1-800-678-8171 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION CITY OF FORT WORTH Marine Creek Interceptor Improvements-Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16,2017 MERCHANT BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., both being corporations of the State of Iowa(herein collectively called the"Companies')do hereby make,constitute and appoint,individually, John A Miller;John R Stockton;Sheryl A Klutts their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 16,2015. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only,it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only,it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty(30)days prior to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 6th day of April 2017 •.•••pt•0 N4�'••.• tG Cp'•. •� �'RPO/p e� •Q��(1P�9�'O•�•. MERCHANTS BONDING COMPANY(MUTUAL) :ILy:'(�Q '91':'Z• . ��O 9''.y• MERCHANTS NATIONAL BONDING,INC. 2003 ;1Z :y 1933 ��e; By �•',y�kj "•�'��'� •'•b•��'' �1�'• President STATE OF IOWA •��'""""••� •••"'•• COUNTY OF DALLAS ss. On this this 6th day of April 2017 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. atg`IAZ s AUCIA K.GRAM 0 m Commission Number767430 'A�i'=° My Commission Expires a�, v,- CS'.O." - • , e• • Aprii 1,2020 Notary Public (Expiration of notary's commission does not invalidate this instrument) I,William Warner,Jr.,Secretary of MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this i, day of Att�4J 2017 . •.�P•tt0N4 *06 CQ. apOj". : •O� t1POq A9•. 2003 ;�� y 1933 �'c• Secretary POA 0018 (3/17) •������� 0061 19-1 MAINTENANCE BOND Page 1 of 3 1 2 BOND NO.TXC608533 3 SECTION 00 6119 4 MAINTENANCE BOND 5 6 THE STATE OF TEXAS § 7 § KNOW ALL BY THESE PRESENTS: 8 COUNTY OF TARRANT § 9 10 That we, William J. Schultz, Inc. dba Circle C Construction Company, known as 11 "Principal" herein and Merchants Bonding Company (Mutual), a corporate surety (sureties, if 12 more than one) duly authorized to do business in the State of Texas, known as "Surety" herein 13 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 14 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the sum 15 of One Million, Six Hundred Thirty-Four Thousand, Seven Hundred Dollars 16 ($1,634,700.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, 17 Texas, for payment of which sum well and truly be made unto the City and its successors, we 18 bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 19 firmly by these presents. 20 21 WHEREAS,the Principal has entered into a certain written contract with the City awarded 22 the 151h day of AK y H 1i- , 2017, which Contract is hereby 23 referred to and a made part hereof for all purposes as if fully set forth herein, to furnish all 24 materials, equipment labor and other accessories as defined by law, in the prosecution of the 25 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 26 the "Work") as provided for in said contract and designated as Marine Creek Interceptor 27 Improvements — Phase I — Sanitary Sewer Replacement — Part I — City Project No. 02223 28 and 29 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 30 accordance with the plans, specifications and Contract Documents that the Work is and will 31 remain free from defects in materials or workmanship for and during the period of two (2) years 32 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 33 CITY OF FORT WORTH Marine Creek Interceptor Improvements-Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16,2017 006119-2 MAINTENANCE BOND Page 2 of 3 1 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 2 upon receiving notice from the City of the need therefor at any time within the Maintenance 3 Period. 4 5 NOW THEREFORE, the condition of this obligation is such that if Principal shall 6 remedy any defective Work, for which timely notice was provided by City, to a completion 7 satisfactory to the City, then this obligation shall become null and void; otherwise to remain in 8 full force and effect. 9 10 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 11 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 12 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 13 the Surety under this Maintenance bond; and 14 15 PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in 16 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 17 Worth Division; and 18 19 PROVIDED FURTHER, that this obligation shall be continuous in nature and 20 successive recoveries may be had hereon for successive breaches. 21 22 23 CITY OF FORT WORTH Marine Creek Interceptor Improvements-Phase I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised lune 16,2017 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 I�� � day of 3 Akio's 2011. 4 PRINCIPAL: 5 6 William J. Schultz,Inc. dba 7 Circle C Construction Company 8 9 BY: 10 Signature 11 ATTEST: ej 12 �j Teresa S. Skelly,President 13 (Principal) Secretary,Michele S.La cford Name and Title 14 15 Address:P. O.Box 40328 16 17 Fort Worth,TX 76140 18 19 20 Witness as to Principal 21 SURETY: 22 23 Merchantdudnding Company(Mutual) 24 25 BY: 26 Signature 27 28 Sheryl A.Klutts,Attorney-in-Fact 29 Name and Title 30 31 Address: 6700 Westown Parkway 32 33 r West Des Moines,IA 50266 34 35 Witness as to Surety,John A.Miller Telephone Number: 1-800-678-8171 36 37 38 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 39 from the by-laws showing that this person has authority to sign such obligation. If 40 Surety's physical address is different from its mailing address, both must be provided. 41 The date of the bond shall not be prior to the date the Contract is awarded. 42 CITY OF FORT WORTH Marine Creek Interceptor Improvements-Phase 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02223 Revised June 16,2017