Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 46569
r rft FoRTWoRTH CONFORMED CQFY CITY SECRETARY Zil C PROJECT MANUAL CONTRACT NO. FOR n THE CONSTRUCTION OF WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2009 STM-0 City Project No.01479 Water No.P253-609170147983 Sewer No.P258-709170147983 DOE No. 6771 Betsy Price David Cooke Mayor City Manager Andrew T. Cronberg, P.E. Interim Director, Water Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Water Department 2014 DN�►�Il AY DUNAWAY ASSOCIATES,L.P. OF F• ` 550 Bailey Avenue, Suite 400 �,�P E•"••T,..e Oo Ft. Worth,TX 76107 *:. ;r*•i Office: 817-335-1121 /Fax: 817-429-1370 www.dunaway-assoc.com ; BRIAN S. DARBY ...................•.. TX Reg F-1114 82623 •'••i DA Project#B000444 ��'�F'°•. •' ��=` OFFI� RD 17M CITY S CR TARY FT.ifWOiitTH,TX City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 3/3/2015 - Ordinance Nos. 21681-03-2015 & 21682-03- 2015 DATE: Tuesday, March 03, 2015 REFERENCE NO.: C-27217 LOG NAME: 6009STMO-CONATSER SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP, in the Amount of$1,487,880.00 for Water and Sanitary Sewer Replacement Contract 2009, STM-0 on Bellaire Drive, W. Cantey Street, Stadium Drive, S. University Drive and N. Commerce Street, Provide for Project Costs and Contingencies for a Project Total in the Amount of$1,563,480.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the transfer in the amount of$1,563,480.00 from the Water and Sewer Operating Fund in the amount of$1,427,765.00 to the Water Capital Projects Fund and in the amount of$135,715.00 to the Sewer Capital Projects Fund; 2. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$1,427,765.00 and the Sewer Capital Projects Fund in the amount of$135,715.00 from available funds; and 3. Authorize the execution of a contract with Conatser Construction TX, LP, in the amount of $1,487,880.00 for Water and Sanitary Sewer Replacement Contract 2009, STM-O. DISCUSSION: On December 6, 2011, (M&C C-25325) the City Council authorized an Engineering Agreement with Dunaway Associates, L.P., to prepare the plans and specifications for Water and Sanitary Sewer Replacement Contract 2009, STM-O. This Mayor and Council Communication is to authorize a construction contract for the replacement of the deteriorated water and/or sanitary sewer mains as indicated on the following streets: STREET FROMTO SCOPE OF WORK Bellaire N. Drive S. University Drive Rogers Avenue water/sewer W. Cantey Street Stadium Drive IFS. University Drive 11water Stadium Drive Bellaire N. Drive IW. Berry Street lFwater S. University Drive Park Hill Drive W. Cantey Street IFater/sewer N. Commerce Street Northside Drive 11E. Central Avenue water The project was advertised for bid on October 30, 2014 and November 6, 2014 in the Fort Worth Star -Telegram. On November 20, 2014, the following bids were received: BIDDER AMOUNT TIME OF COMPETION Conatser Construction, TX, LP F$1,487,880.001 F150 Calendar Days Atkins Brothers Equipment Co., $1,953,210.00 Inc. Ark Contracting Services, LLC $1,953,895.00 In addition to the contract amount, $28,500.00 (water: $20,250.00; sewer: $8,250.00) is required for construction staking, inspection and material testing and $47,100.00 (water: $41,000.00; sewer: $6,100.00) is provided for project contingencies. Conatser Construction TX, LP, is in compliance with the City's BDE Ordinance by committing to 7 percent MBE participation and documenting good faith effort. Conatser Construction TX, LP, identified several subcontracting and supplier opportunities. However, the MBE's contacted in the areas identified did not submit the lowest bids. The City's MBE goal on this project is 11 percent. The project is located in COUNCIL DISTRICT 9, Mapsco 76S and 76W. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budgets, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. The Fiscal Year 2015 operating budget includes appropriations of$51,724,257.00 for the purpose of providing pay-as-you-go funding for capital projects. The amount transferred year-to-date is $19,112,287.00 in the operating budget. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers 1&2) P253 476045 6091701479ZZ $1,427,765.00 1) PE45 538040 0609020 $1.427,765.00 1&2) P258 476045 7091701479ZZ $135.715.00 1) PE45 538040 0709020 $135,715.00 2) P253 531200 609170147952 $1,000.00 3) P253 541200 609170147983 $1,366.515.00 2) P253 531350 609170147952 $5,000.00 2) P258 541200 709170147983 $121,365.00 2) P253 511010 609170147980 $2,000.00 2) P253 531350 609170147980 $500.00 2) P253 533010 609170147981 $250.00 2) P253 541200 609170147983 $1,407,515.00 2) P253 531200 609170147984 $3,000.00 2) P253 531350 609170147984 $1,500:00 2) P253 531350 609170147985 $7,000:00 2) P258 531200 709170147952 $500.00 2) P258 531350 709170147952 $1,500.00 2) P258 511010 709170147980 $1,000.00 2) P258 531350 709170147980 $250.00 2) P258 533010 709170147981 $250.00 2) P258 541200 709170147983 $127.465.00 2) P258 531200 709170147984 $1,000:00 2) P258 531350 709170147984 $750.00 21 P258 531350 709170147985 $3,000.00 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Andy Cronberg (5020) Additional Information Contact: Roberto Sauceda (2387) ATTACHMENTS 1. 6009STMO-CONATSER Compliance Memo.pdf (CFW Internal) 2. 6009STMO-CONATSER MAP 01.pdf (Public) 3. 6009STMO-CONATSER MAP 02r.pdf (Public) 4. 6009STMO-CONATSER P253 AO15.docx (Public) 5. 6009STMO-CONATSER P258 AO15.docx (Public) 6. FAR-00004 CIP#01479 P258.pdf (CFW Internal) 7. FAR-00005 CIP#01479 P253.pdf (CFW Internal) 8. PE45 538040 0609020.docx (CFW Internal) 9. PE45 538040 0709020.docx (CFW Internal) 10. SAM for Conatser.pdf (CFW Internal) 000000-1 TABLE OF CONTENTS Page 1 of 3 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 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 0045 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 007300 Supplementary Conditions Division 01 -General Requirements 01 11 00 Summary of Work 01 25 00 Substitution Procedures 013119 Preconstruction Meeting 01 31 20 Project Meetings 0132 16 Construction Progress Schedule 01 32 33 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 50 00 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 0157 13 Storm Water Pollution Prevention Plan 0158 13 Temporary Project Signage 01 60 00 Product Requirements 01 66 00 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 7123 Construction Staking and Survey 01 74 23 Cleaning 0177 19 Closeout Requirements 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised November 22,2013 City Project No.01479 000000-2 TABLE OF CONTENTS Page 2 of 3 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://projectpoint.buzzsaw.com/client/fortworthgov/Resources/02%20%2OConstruction%2ODocuments/Specifications Division 02-Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03-Concrete 03 30 00 Cast-In-Place Concrete 0334 13 Controlled Low Strength Material(CLSM) 0334 16 Concrete Base Material for Trench Repair 03 80 00 Modifications to Existing Concrete Structures Division 31 -Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 31 23 23 Borrow 31 24 00 Embankments 31 25 00 Erosion and Sediment Control r Division 32-Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 1123 Flexible Base Courses 32 1133 Cement Treated Base Courses 32 12 16 Asphalt Paving 3213 13 Concrete Paving 32 13 20 Concrete Sidewalks,Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 32 1613 Concrete Curb and Gutters and Valley Gutters 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding,and Sodding g Division 33-Utilities 33 01 30 Sewer and Manhole Testing 33 01 31 Closed Circuit Television(CCTV)Inspection 3303 10 Bypass Pumping of Existing Sewer Systems 3304 10 Joint Bonding and Electrical Isolation 3304 11 Corrosion Control Test Stations 3304 12 Magnesium Anode Cathodic Protection System 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 3305 10 Utility Trench Excavation,Embedment,and Backfill 3305 12 Water Line Lowering CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised November 22,2013 City Project No.01479 000000-3 TABLE OF CONTENTS Page 3 of 3 3305 13 Frame,Cover and Grade Rings 3305 14 Adjusting Manholes, Inlets,Valve Boxes, and Other Structures to Grade 3305 16 Concrete Water Vaults 3305 17 Concrete Collars 33 05 20 Auger Boring 33 05 21 Tunnel Liner Plate 33 05 22 Steel Casing Pipe 33 05 23 Hand Tunneling 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 26 Utility Markers/Locators 33 05 30 Location of Existing Utilities 33 11 05 Bolts,Nuts,and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 33 11 13 Concrete Pressure Pipe,Bar-Wrapped, Steel Cylinder Type 33 11 14 Buried Steel Pipe and Fittings 33 12 10 Water Services 1-inch to 2-inch 33 1211 Large Water Meters 33 1220 Resilient Seated Gate Valve 33 1221 AWWA Rubber-Seated Butterfly Valves 33 1225 Connection to Existing Water Mains 33 1230 Combination Air Valve Assemblies for Potable Water Systems 33 1240 Fire Hydrants 33 1250 Water Sample Stations 33 1260 Standard Blow-off Valve Assembly 33 31 20 Polyvinyl Chloride(PVC)Gravity Sanitary Sewer Pipe 33 31 50 Sanitary Sewer Service Connections and Service Line 3331 70 Combination Air Valve for Sanitary Sewer Force Mains 3339 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 60 Epoxy Liners for Sanitary Sewer Structures Division 34-Transportation 3471 13 Traffic Control Appendix GC-4.02 Subsurface and Physical Conditions GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GR-01 60 00 Product Requirements END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised November 22,2013 City Project No.01479 0005 10-1 MAYOR AND COUNCIL COMMUNICATION(M&C) Page 1 of 1 1 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 11 W 12 13 14 15 16 17 18 19 20 21 d 22 23 24 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July 1,2011 City Project No.01479 CITY OF FORT WORTH WATER DEPARTMENT Ow ADDENDUM NO.1 s !' WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2009 STM-0 CITY PROJECT No.01479 ADDENDUM RELEASE DATE:November 14,2014 BIDS RECEIVED DATE:November 20.2013 INFORMATION TO BIDDERS: .. The Plans, Specifications and Contract Documents for the above mentioned project are hereby revised and amended as follows: 1. Section 00 42 43 Bid Item 43,3331.3401 Ductile Iron Fittings,revise to read: 3311.0001 Ductile Iron Water Fittings w/Restraint(12"and smaller) -5 tons 2. Section 00 42 43 Bid Item 44,3311.0001 Ductile Iron Water Fittings w/Restraint,revise to read: 3311.0001 Ductile Iron Water Fittings w/Restraint(16"and larger) -7 tons NOTE: Replace Section 00 42 43 Proposal Form with the version enclosed herein. (Revised excel rspreadsheet has been posted to Buzzsaw) Please acknowledge receipt of the Addendum in the following locations: r (1) In the space provided below (2) In the Section 00 4100 Bid Form Page 3 of 3. (3) Indicate in upper case letters on the outside of the sealed bid envelope: "RECEIVED&ACKNOWLEDGED ADDENDUM 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. I�r RECEIPT ACKNOWLEDGED: ANDREW T.CRONBERG,P.E. INTERIM DIRECTOR, WATP&DEP.ABJMENT By. Jnr r By: R belt SauarP. . TitIaBSt'x►-�- Project Manager 4 Addendum No.1 WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2009 STM-0 CITY PROJECT/01479 001113-1 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 Water and Sanitary Sewer Replacement Contract 2009 6 STM-0,CITY PROJECT No. 01979,Water Project No.P253-6093170197983, Sewer 7 Project No.P258-709170197983 will be received by the City of Fort Worth 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,November 20,2014,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: 18 230 LF 24"Water Line 1,040 LF 16"Water Line 3,490 LF 12"Water Line 350 LF 8"Water Line 340 LF 6"Water Line 65 LF 4" Sewer Line 700 LF 8" Sewer Line 13 EA 4' Manhole 19 20 PREQUALIFICATION 21 The improvements included in this project must be performed by a contractor who is pre- 22 qualified by the City at the time of bid opening. The procedures for qualification and pre- 23 qualification are outlined in the Section 00 21 13—INSTRUCTIONS TO BIDDERS. 24 DOCUMENT EXAMINATION AND PROCUREMENTS 25 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 26 of Fort Worth's Purchasing Division website at hM://www.fortworth og v_org/purchasingi and 27 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 28 Contract Documents may be downloaded, viewed,and printed by interested contractors and/or 29 suppliers. . 30 31 Copies of the Bidding and Contract Documents may be purchased from Dunaway Associates, 32 L.P.,which is as follows 550 Bailey Avenue, Suite 400,Fort Worth,Texas 76107. 33 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July 1,2011 City Project No.01479 0011 13-2 _ INVITATION TO BIDDERS Page 2 of 2 1 The cost of Bidding and Contract Documents is: 2 Set of Bidding and Contract Documents with full size drawings: $80 per set 3 Set of Bidding and Contract Documents with half size(if available)drawings: No half size 4 available. 6 7 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 8 City reserves the right to waive irregularities and to accept or reject bids. 9 10 INQUIRIES 11 All inquiries relative to this procurement should be addressed to the following: 12 Attn: Robert Sauceda,P.E., City of Fort Worth Water Department 13 Email: Robert.Sauceda@fortworthtexas.gov 14 Phone: 817-392-2387 15 Fax: 817-392-8195 16 AND/OR 17 Attn: Brian Darby,P.E.,Dunaway Associates L.P. 18 Email: bsd@dunaway-assoc.com 19 Phone: (817)335-1121 20 21 ADVERTISEMENT DATES 22 October 30,2014 23 November 6,2014 24 25 26 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July 1,2011 City Project No.01479 002113-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 7 00-GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person, firm,partnership, company, association, or corporation acting 13 directly through a duly authorized representative, submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2. Nonresident Bidder:Any person, firm, partnership, company, association, or 17 corporation acting directly through a duly authorized representative, submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided)makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders(Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 38 requirement work types and documentation are as follows: 39 40 3.1.1. Paving—Requirements document located at; 41 https://projectpoint.buzzsaw.coin/fortworthgov/Resources/02%20- 42 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 43 %20Contractor%2OPrequalification%2OPrograin/PREQUALIFICATION%20REO 44 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 45 46 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 47 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 48 %20Construction%2ODocuments/Contractor%o2OPrequalification/TPW%2OPaving CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised November 27,2012 City Project No.01479 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20RE0 2 UIREMENTS%20FOR%20PAV1NG%2000NTRACTORS.PDF?public 3 4 3.1.3. Water and Sanitary Sewer—Requirements document located at; 5 https://projectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 6 %20Construction%2ODocuments/Contractor%2OPrequalification/Water%2Oand%2 7 OSanitary%2OSewer%2OContractor%2OPrequalification%2OProgram/W S S%20pre 8 qual%20requirements.doc?public 9 10 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 11 seven(7)calendar days prior to Bid opening, the documentation identified in Section 00 12 45 11,BIDDERS PREQUALIFICATIONS. 13 14 3.3.Submission of and/or questions related to prequalification should be addressed to the City 15 contact as provided in Paragraph 6.1. 16 17 3.4.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 3.5.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 49 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 50 contiguous to the Site and all drawings of physical conditions relating to existing 51 surface or subsurface structures at the Site(except Underground Facilities)that CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised November 27,2012 City Project No.01479 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 have been identified in the Contract Documents as containing reliable "technical 2 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 3 at the Site that have been identified in the Contract Documents as containing 4 reliable "technical data." 5 6 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 7 the information which the City will furnish. All additional information and data 8 which the City will supply after promulgation of the formal Contract Documents 9 shall be issued in the form of written addenda and shall become part of the Contract 10 Documents just as though such addenda were actually written into the original 11 Contract Documents.No information given by the City other than that contained in 12 the Contract Documents and officially promulgated addenda thereto, shall be 13 binding upon the City. 14 15 4.1.6. Perform independent research, investigations,tests,borings, and such other means 16 as may be necessary to gain a complete knowledge of the conditions which will be 17 encountered during the construction of the project. On request, City may provide 18 each Bidder access to the site to conduct such examinations,investigations, 19 explorations,tests and studies as each Bidder deems necessary for submission of a 20 Bid. Bidder must fill all holes and clean up and restore the site to its former 21 conditions upon completion of such explorations, investigations,tests and studies. 22 23 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 24 cost of doing the Work,time required for its completion,and obtain all information 25 required to make a proposal. Bidders shall rely exclusively and solely upon their 26 own estimates, investigation,research,tests,explorations, and other data which are 27 necessary for full and complete information upon which the proposal is to be based. , . 28 It is understood that the submission of a proposal is prima-facie evidence that the 29 Bidder has made the investigation,examinations and tests herein required. Claims 30 for additional compensation due to variations between conditions actually 31 encountered in construction and as indicated in the Contract Documents will not be 32 allowed. ■ 33 34 4.1.8. Promptly notify City of all conflicts,errors,ambiguities or discrepancies in or 35 between the Contract Documents and such other related documents. The Contractor 36 shall not take advantage of any gross error or omission in the Contract Documents, 37 and the City shall be permitted to make such corrections or interpretations as may 38 be deemed necessary for fulfillment of the intent of the Contract Documents. 39 40 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 41 42 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 43 the site which have been utilized by City in preparation of the Contract Documents. 44 The logs of Soil Borings, if any, on the plans are for general information only. 45 Neither the City nor the Engineer guarantee that the data shown is representative of 46 conditions which actually exist. 47 �. 48 4.2.2. those drawings of physical conditions in or relating to existing surface and 49 subsurface structures(except Underground Facilities)which are at or contiguous to 50 the site that have been utilized by City in preparation of the Contract Documents. 51 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised November 27,2012 City Project No.01479 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 2 on request. Those reports and drawings may not be part of the Contract 3 Documents, but the "technical data" contained therein upon which Bidder is entitled 4 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 5 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 6 responsible for any interpretation or conclusion drawn from any "technical data"or 7 any other data,interpretations,opinions or information. 8 9 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 10 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 11 exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific means,methods,techniques,sequences or 13 procedures of construction(if any)that may be shown or indicated or expressly required 14 by the Contract Documents, (iii)that Bidder has given City written notice of all 15 conflicts,errors,ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 17 etc.,have not been resolved through the interpretations by City as described in 18 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and furnishing the 20 Work. 21 22 4.4.The provisions of this Paragraph 4, inclusive,do not apply to Asbestos,Polychlorinated 23 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06. of the General Conditions, unless specifically identified in the Contract 25 Documents. 26 27 5. Availability of Lands for Work,Etc. 28 I 29 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 30 access thereto and other lands designated for use by Contractor in performing the Work 31 are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities, construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by City unless otherwise provided in the 36 Contract Documents. 37 38 5.2.Outstanding right-of-way, easements,and/or permits to be acquired by the City are listed 39 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 40 of-way, easements,and/or permits are not obtained,the City reserves the right to cancel 41 the award of contract at any time before the Bidder begins any construction work on the 42 project. 43 44 5.3.The Bidder shall be prepared to commence construction without all executed right-of- 45 way,easements,and/or permits,and shall submit a schedule to the City of how 46 construction will proceed in the other areas of the project that do not require permits 47 and/or easements. 48 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised November 27,2012 City Project No.01479 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 6. Interpretations and Addenda 2 3 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 4 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 5 received after this day may not be responded to. Interpretations or clarifications 6 considered necessary by City in response to such questions will be issued by Addenda 7 delivered to all parties recorded by City as having received the Bidding Documents. 8 Only questions answered by formal written Addenda will be binding. Oral and other 9 interpretations or clarifications will be without legal effect. 10 11 Address questions to: 12 13 City of Fort Worth 14 1000 Throckmorton Street 15 Fort Worth,TX 76102 16 Attn: Robert Sauceda,P.E.,City of Fort Worth Water Department,Project Manager 17 Fax: 817-392-8195 18 Email: Robert.Sauceda@fortworthtexas.gov 19 Phone: 817-392-2387 20 21 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 22 City. 23 24 6.3.Addenda or clarifications may be posted via Buzzsaw at 25 https:Hprojeetpoint.buzzsaw.colas/client/fortworthizov 26 27 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 28 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 29 Project. Bidders are encouraged to attend and participate in the conference. City will 30 transmit to all prospective Bidders of record such Addenda as City considers necessary 31 in response to questions arising at the conference. Oral statements may not be relied 32 upon and will not be binding or legally effective. 33 34 7. Bid Security 35 36 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 37 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 38 the requirements of Paragraphs 5.01 of the General Conditions. 39 40 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award �r 41 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 42 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 43 default, rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 44 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 45 other Bidders whom City believes to have a reasonable chance of receiving the award 46 will be retained by City until final contract execution. 47 F CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised November 27,2012 City Project No.01479 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which, or the dates by which,Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. 6 7 9. Liquidated Damages 8 Provisions for liquidated damages are set forth in the Agreement. 9 10 10. Substitute and "Or-Equal" Items 11 The Contract, if awarded,will be on the basis of materials and equipment described in the 12 Bidding Documents without consideration of possible substitute or "or-equal" items. 13 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or"or- 14 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 15 City, application for such acceptance will not be considered by City until after the Effective 16 Date of the Agreement. The procedure for submission of any such application by Contractor 17 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 18 Conditions and is supplemented in Section 0125 00 of the General Requirements. 19 20 11. Subcontractors,Suppliers and Others 21 22 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 23 12-2011 (as amended),the City has goals for the participation of minority business 24 and/or small business enterprises in City contracts.A copy of the Ordinance can be 25 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 26 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 27 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 28 Venture Form as appropriate. The Forms including documentation must be received 29 by the City no later than 5:00 P.M. CST,five(5)City business days after the bid 30 opening date. The Bidder shall obtain a receipt from the City as evidence the 31 documentation was received.Failure to comply shall render the bid as non- 32 responsive. 33 34 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 35 or organization against whom Contractor has reasonable objection. 36 37 12. Bid Form 38 39 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 40 obtained from the City. 41 42 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 43 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 44 the Bid Form. A Bid price shall be indicated for each Bid item,alternative,and unit 45 price item listed therein. In the case of optional alternatives,the words "No Bid," 46 "No Change," or"Not Applicable"may be entered. Bidder shall state the prices, 47 written in ink in both words and numerals,for which the Bidder proposes to do the 48 work contemplated or furnish materials required.All prices shall be written legibly. 49 In case of discrepancy between price in written words and the price in written 50 numerals,the price in written words shall govern. 51 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 $ Revised November 27,2012 City Project No.01479 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.3. Bids by corporations shall be executed in the corporate name by the president or a 2 vice-president or other corporate officer accompanied by evidence of authority to 3 sign. The corporate seal shall be affixed. The corporate address and state of 4 incorporation shall be shown below the signature. 5 6 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 7 partner, whose title must appear under the signature accompanied by evidence of 8 authority to sign. The official address of the partnership shall be shown below the 9 signature. 10 11 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 12 member and accompanied by evidence of authority to sign. The state of formation of 13 the firm and the official address of the firm shall be shown. 14 15 12.6. Bids by individuals shall show the Bidder's name and official address. 16 17 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 18 indicated on the Bid Form. The official address of the joint venture shall be shown. 19 20 12.8. All names shall be typed or printed in ink below the signature. 21 22 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 23 which shall be filled in on the Bid Form. 24 25 12.10. Postal and e-mail addresses and telephone number for communications regarding the 26 Bid shall be shown. 27 28 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 29 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 30 to State Law Non Resident Bidder. 31 32 13. Submission of Bids 33 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 34 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 35 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 36 marked with the City Project Number,Project title,the name and address of Bidder,and 37 accompanied by the Bid security and other required documents. If the Bid is sent through the 38 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 39 with the notation "BID ENCLOSED"on the face of it. 40 41 14. Modification and Withdrawal of Bids 42 43 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 44 withdrawn prior to the time set for bid opening. A request for withdrawal must be 45 made in writing by an appropriate document duly executed in the manner that a Bid 46 must be executed and delivered to the place where Bids are to be submitted at any 47 time prior to the opening of Bids. After all Bids not requested for withdrawal are N 48 opened and publicly read aloud,the Bids for which a withdrawal request has been 49 properly filed may,at the option of the City,be returned unopened. 50 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised November 27,2012 City Project No.01479 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 2 time set for the closing of Bid receipt. 3 4 15. Opening of Bids 5 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 6 abstract of the amounts of the base Bids and major alternates(if any)will be made available 7 to Bidders after the opening of Bids. 8 9 16. Bids to Remain Subject to Acceptance 10 All Bids will remain subject to acceptance for the time period specified for Notice of Award 11 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 12 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 13 14 17. Evaluation of Bids and Award of Contract 15 16 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 17 to reject any or all nonconforming,nonresponsive, unbalanced or conditional Bids 18 and to reject the Bid of any Bidder if City believes that it would not be in the best 19 interest of the Project to make an award to that Bidder,whether because the Bid is 20 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 21 meet any other pertinent standard or criteria established by City. City also reserves ' 22 the right to waive informalities not involving price, contract time or changes in the 23 Work with the Successful Bidder. Discrepancies between the multiplication of units 24 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 25 between the indicated sum of any column of figures and the correct sum thereof will 26 be resolved in favor of the correct sum. Discrepancies between words and figures 27 will be resolved in favor of the words. 28 29 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 30 among the Bidders,Bidder is an interested party to any litigation against City, 31 City or Bidder may have a claim against the other or be engaged in litigation, 32 Bidder is in arrears on any existing contract or has defaulted on a previous 33 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 34 Bidder has uncompleted work which in the judgment of the City will prevent or 35 hinder the prompt completion of additional work if awarded. 36 37 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers,and 38 other persons and organizations proposed for those portions of the Work as to which 39 the identity of Subcontractors, Suppliers,and other persons and organizations must 40 be submitted as provided in the Contract Documents or upon the request of the City. 41 City also may consider the operating costs,maintenance requirements,performance 42 data and guarantees of major items of materials and equipment proposed for 43 incorporation in the Work when such data is required to be submitted prior to the 44 Notice of Award. 45 46 17.3. City may conduct such investigations as City deems necessary to assist in the 47 evaluation of any Bid and to establish the responsibility,qualifications, and financial 48 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 49 organizations to perform and furnish the Work in accordance with the Contract 50 Documents to City's satisfaction within the prescribed time. 51 CITY OF FORT WORTH Water and Sanitary Sewer Replacement i STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised November 27,2012 City Project No.01479 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.4. Contractor shall perform with his own organization, work of a value not less than 2 35%of the value embraced on the Contract, unless otherwise approved by the City. 3 4 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and 5 responsive Bidder whose evaluation by City indicates that the award will be in the 6 best interests of the City. 7 8 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 9 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 10 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 11 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 12 comparable contract in the state in which the nonresident's principal place of 13 business is located. 14 15 17.7. A contract is not awarded until formal City Council authorization.If the Contract is 16 to be awarded,City will award the Contract within 90 days after the day of the Bid 17 opening unless extended in writing. No other act of City or others will constitute 18 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 19 the City. 20 21 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 22 23 18. Signing of Agreement 24 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 25 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 26 Contractor shall sign and deliver the required number of counterparts of the Agreement to 27 City with the required Bonds, Certificates of Insurance, and all other required documentation. 28 City shall thereafter deliver one fully signed counterpart to Contractor. ' 29 30 31 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised November 27,2012 City Project No.01479 7 0035 13-1 CONFLICT OF INTEREST AFFIDAVIT i Page 1 of 1 1 SECTION 00 3513 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 Goverment 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 11 http://www.ethics.state.tx.us/forms/CIO.pdf r 12 13 hitp://www.ethics.state.tx.us/forms/CIS.pdf 14 15 [ff CIQ Form is on file with City Secretary 16 17 L] CIQ Form is being provided to the City Secretary 18 19 [--t7-f 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 27 G 9VfUQ4&, ni "Y' LP By: c24 i! r 28 Company (Piens rint) 29 fj 30 T,o• 4 A �°JL.�� Signature: 31 Address `- 32 33 ATitle: i -I- 34 City/State/Zip (Please Print) f 35 E 36 37 END OF SECTION i CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised March 27,2012 City Project W.01479 f � t 00 41 OOBID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth,Texas 76102 FOR: WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2009 STM-0 City Project No.: 01479 Units/Sections: Water Improvements Sanitary Sewer Improvements 1. Enter Into Agreement The undersigned Bidder proposes and agrees,if this Bid is accepted,to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS,including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance,will do so pending contract award,and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent,collusive,or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. 'corrupt practice"means the offering,giving,receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. 'collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City,a purpose of which is to establish Bid prices at artificial,non-competitive levels. d. 'coercive practice"means harming or threatening to harm,directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. WATER AND SANITARY SEWER REPLACEMENT CITY OF FORT WORTNSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2009 STM-0 Form Revised 20120327 CITY PROJECT NO.01479 00 41 OOBID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Water Improvements b. Sanitary Sewer Improvements 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 180 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 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. WATER AND SANITARY SEWER REPLACEMENT CITY OF FORT WORTHSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2009 STM-0 Form Revised 20120327 CITY PROJECT NO.01479 , 00 41 OOBID FORM Page 3 of 3 6.3. Evaluation of Alternate Bid Items<use this if applicable,otherwise delete> Total Base Bid<use this 9 applicable,otherwise delete> Alternate Bid<use this if applicable,otherwise delete> g Deductive Alternate<use this if applicable,otherwise delete> 1 Additive Alternate<use this if applicable,otherwise delete> E Total Bid $ Y. Bid Submittal This Bid Is submitted on " Sao- p J!j by the entity named below. I Respectfully submlt d� Receipt is acknowledged of Initial ithe following Addenda: By; Addendum No.1: ( rgnature Addendum No.2: � ` Addendum No.3: 1.JeTy "�' .+ C Addendum No.4: (Prin am Ne) Title: Pre51dvvi+ Company. i Dyl-W,1P Corporate Seat: Address: State of Incorporation: Email: , `��� �Y�`��r• � i Phone: $V—) 54 r7 t-f 3 END OF SECTION e. I WATER AND SANITARY SEWER REPLACEMENT CRY OF FORT WORTHSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2009 STM-0 Ferro Revived 20120327 CITY PROJECT NO.01479 I a 004243-BID FORM page 1 of 2 r SECTION 00 42 43 PROPOSAL FORM ! . PRICE DID Bidder's Application Project Item Information Bidders Proposal { .y peer cation nu of ` ^.'Bidlist Item No. Description Bid Quantity Unit Price Sid Value {. Section No. Measure _`[r¢itivemeaW P253-609170147983(Section A) 3311.0641 24"Water Pie 33 11 10,3311 12.3311 13,33 11 14 LF 205 $ 135.00 s 27,675.00 ; w' 3111,7642 24"Water pipe,CSS Backfill 33 1110,33 1112,3311 13,33 11 14 LF 25 $ 150.00 $ 3,750.00 �?3$1:1.0551 15"DIP Water Pipe 331110 LF 375 $ 115.00 $ 43125.00 ?3311.0554 IT DIP Water Pi Restrained Joints 33 t1 10 LF 345 $ 140.00 s 48 300.00 ` 3311.0541 16"Water Pie 3311 10.33 11 12 LF 320 S 105.00 S 33 600.00 . 3314.0461 12"PVC WaterPie 33 11 12 LF 3,420 $ 94.50 $ 323190.00 i 3311.0462 12"PVC Water Pipe,CSS Backfdl 33 11 12 LF 70 $ 135.00 $ 9.450.00 - Tw 3311.0251 6"DIP Water pipe 3311 10 LF 20 $ B5.00 $ 1,700,00 i _ 3311:0261 8"PVC Water Pipe 331112 LF 305 $ 70.00 S 21 350.00 3311.0262 8"PVC Water Pipe,CSS BacWjfl 33 11 12 LF 25 $ 30.00 $ 2.250.00 '?33.1.1:0141 6Water Pipe 33 11 10,33 1112 LF 340 S 65.00 $ 22 100.00 =%3,Jjf 0414""WeterPipe 33 11 10.33 1112 LF 65 $ 60.00 $ 3900,00 !' 33:12.3006 16"Gale Valve with Vault 331220 FA 2 $ 16 000.00 $ 32,000.00 <*3372.3005 12-Gale Valve 331220 EA 11 S 2,600.00 $ 28 600.00 -.3312.$003 8"Gate Valve 33 12 20 EA 2 $ 1,200.00 $ 2,400.00 -y:3312.3002 6'Gate Vaive 33 12 20 EA 12 1$ 1,000.00 $ 12,000.00 3312.3001 4"Gate Valve .331220 FA 1 $ 800.00 $ 800.00 f•`.' 3$12:4005 8"x 6"Ta ping Sleeve&Vatve 331225 FA 1 $ 3,500.00 $ 3,500.00 !IM0117 Connection to Existing 4"-12"Water Main 331225 EA 11 $ 2,000.00 $ 22,000.00 z 3312.0106 Connection to Existing 16"Water Main 33 12 25 EA 2 $ 4,000.00 $ 8,000.00 3312:0107 Connection to Existing 20"Water Main 331226 EA 1 $ 7,500.00 $ 7500.00 33920108 Connec8on to Existing 24"Water Main 33 12 25 EA 3 5 8.000.00 $ 24,000.00 =r=$342:1002 Y Water Air Release Varve 8 Vault 331230 EA 1 $ 7500.00 $ 7,500.00 _ 3215.0102 7"Cone Curb and Gutter 32 16 13 LF 250 $ 35.00 $ 8,750.00 3.0122 6 Wide Asphalt Pvmt Repair,Arterial 32 01 17 LF 365 S 55.00 $ 20075.00 =3201.0133 6 Wide Asphalt Pvmt Repair,industrial 3201 17 LF 690 $ 70.00 $ 48300.00 _ 3204.0203 Asphalt Pvmt Repair Beyond Defined Width,Industrial 3401 17 SY 90 $ 80.00 $ 7,200.00 3218:03021 P'Cone alley Gutter,Arterlallindustrial 32 16 13 SY 15 $ 90.00 1,350.00 `` 11.'.601 Stamped and Stained Cone Pavement Repair 320129 SY 10 $ 100.00 $ 1000.00 _MMOS Trench San 330510 LF 5,500 S 4.00 S 22 000.00 9998;0002 2 Wide Asphalt Pvmt Repair,Arterial 32 Di 17 LF 810 S 50.00 $ 40.500.00 3312:2001 Water Service,Meter Reconnection 33 12 10 EA 14 $ 600.00 $ 8,400.00 3:1122003 1"WalerService 331210 EA 51 $ 2,400.00 122,400.00 OZ;f12184"-12'Water Abandonment Plug 024114 EA 6 $ 1000.00 $ 6000.D0 034#12QH 20"Water Abandonment Plug 02 41 14 EA 2 $ 1.300.00 $ 2,600.00 I #T 1108 20'Pressure Plug 0241 14 EA 1 $ 2 0W.O $ 2.000.00 1f (i`l.t`1001 Water Line Grouting 0241 14 CY 40 $ 225.00 $ 9,000.00 ` 4s;:134i Remove 4"Water Valve 0241 14 EA 1 is 200.00 $ 200.00 ,02;41:1 02 Remove 6"Water Valve 0241 14 " EA 14 $ 300,0 $ 4,200.00 a?415610 Salvage Fire Hydrant 024114 EA 2 $ 500.00 $ 1,000.00 01 Fire Hydrant 331240 EA 4 $ 3,600.00 $ 14,400.00 - -U400.Seedwg,H drumutch 32 92 13 SY 35 $ 10.00 $ 350.00 41F11001 Ductile iron Water F1tUngsw/Restraint 112" 331111 70N ti t'` $ 4.500.00 $ 2250D.00 1:0001.Ductile Iron Water Fittings wf Restraint (16" 3311 11 SON 7 $ 5,500.00 $ 38 500.00 0001 Traffic control 34 71 13 MO 4 $ 8,000.00 $ 32,000-W -' t 1:0301:4"Cone Sidewalk 321320 SF 10 $ 30.00 $ 300.00 8818:'Cone Pvmt Repair Arterial/Industrial 32 01 29 SY 220 S 115,00 $ 25 300.00 "0303 b'Wide 3"Asphalt Pvmt Type D 3212 16 SY 2,230 $ 25.00 $ 55 750.00 3 :0003;5'Wide 5"Class'tt'Reinforced Concrete Base 32 13 13 SY 2,230 $ 75.00 S 167 250.00 -_ '0801:'HMAC Speed Cushion 32 12 16 EA 1 $ 1.000,00 S 1 000.00 0:101SWPPP>1 Acre31 2500 LS 1 s 2,0W $ 2000.00 .0002 Cathode Protection 33 04 12 LS1 5 6,q00.00 s 5,000.00 15"Water Line Lowering 330512 EA 1 is8,500.00 $ 8,500.00 -_ WATERSUBTOTAL S 1,366,5I5.00 f -' 41 WATEa AND SANRARY SEWER REPLACEMENT YVJ '- CONTRACT CONSTRUCTION SPECIFICATION pOCL1MFJi7a CITY PROJECT NO.01479 00 42 43-BID FORM Page 2 of 2 Project Item InfOnJlario Bidders Proposal Item No. Bidlist itctn No. Description S canon °1i° Did Quantity Unit Price Bid Value Sanitary Server Improvements P258-709170147983(Section B) Se n No ens ure 1 3331.4115 8'Sewer Pie PVC 333120 LF 675 S 60.00 S 40 500.00 2 3331.4116 8"Sewer Pipe.CSS Backfill(PVC) 33 3120 LF 25 S 85.00 2125.00 i 3 3339.1001 4'Manhole 33 3910,33 39 20 EA 4 S 3,600.00 $ 14 000.00 4 3338.1002 4'Drop Manhole 33 3910.3339 20 EA 1 $ 4,5W.00 $ 4,500.00 5 3339.1003 4'Extra Depth Manhole 33 30 10,33 39 20 VF 8 $ 200.00 S i.600.00 6 $301.0101 Manhole Vaaxan Test ng 330130 EA 5 S 300.00 S 1500.00 1 3305.0112 Concrete Collar 330617 EA 5 S 500.00 $ 2,500.00 8 3339.0001 Epoxy Manhole Liner 333960 VF iD S 185.00 $ 1850.00 8 0241.2103 8"Saver Abandonment Plug 02 41 14 EA i S 600.00 $ 500.00 10 0241.2001 Santary Line Grouting 02 41 14 CY 2 $ 300.00 $ 600.00 11 0241.2201 Remove 4'Sewer Manhole 02 41 14 EA 3 $ 400.00 $ 1200.00 12 3301.0001 Pre-CCTV Inspection 33 0131 LF 705 3.00 $ 2115.00 13 3301.0002 Post-CCTVlnspection 330131 LF 700 $ 2.50 $ 1,750.00 14 3305.0109 Trench Safety 33 05 10 LF 7001$___ 4.00 $ 2,800.00 16 3201.0121 6'Wide Asphalt Pvmt Repair.Arledal 32 01 17 LF 475 $ 55.00 S 26,125.00 16 32120303 3'Asphalt Pvmt Type D 32 12 16 SY 115 $ 25.00 $ 2,876,00 17 9899.0003 5 Wide V'ClaSs'H Reinforced Concrete Base 321313 SY 116 75.00 $ 8625.00 18 3471.0001 Traffic Control 34 71 13 MO 1 $ 6,000.00 S 45,000.00 19 3125.0101 SWPPP>1 Acre 312500 LS 1 S 200.00 $ 200.00 SANITARY SEWER SUBTOTAL S 65.00 TO'IALBID S 1,487880.00 i . i ' WATER AND SANITARY SEWER REPLACEMENT CITY OF FORT WORTHSTANDARD COM MUCTION SPECIFICATION DOCUMENTS CONTRACT 2009 STM-0 Feed RavWd 2MIGM CITY PROJECT NO.01479 00 43 13-BID FORM Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we,(Bidder Name) Company Name Here hereinafter called the Principal,and(Surety Name) Surety Name Here 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 Spell Out Numbers Here and No/100 Dollars ($ Numerals Here .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 WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2009 STM-0 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 ,2014. By: Company Name Here (Signature and Title of Principal) 'By: Surety Name Here (Signature of Attorney-of-Fact) 'Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION WATER AND SANITARY SEWER REPLACEMENT CITY OF FORT WORTHSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2009 STM-0 Form Revised 20120327 CITY PROJECT NO.01479 00 43 37-BID FORM Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER i i 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. f A. Nonresident bidders in the State of State Here or Blank,,our principal place of business, I' are required to be '%Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank,our principal place of business, are not required to underbid resident bidders. B.The principal place of business of company or our parent company or majority owner is In the State of Texas. Q' BIDDER: ('(1na- t'Cpr�stxucior�-t-X c.P By: er y CDnc -l6•e r 1 �•a- GDC I��L.{$ �..�— __..-- (Signature) 'v k&th, Tx 0719)1 1 Title: f Date: I END OF SECTION WATER AND SANITARY SEWER REPLACEMENT CITY OF FORT WORTHSTANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CONTRACT 2009 STM-0 Form Revised 20120327 CITY PROJECT4110.014W 004511-1 BIDDERS PREQUALIFICATIONS Page 1 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 i"N,v.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. R 39 40 2. Prequalification Requirements 41 a. Financial Statements.Financial statement submission must be provided in 42 accordance with the following: 9 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. r CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July 1,2011 City Project No.01479 r 0045 11-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state.Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation,or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 40 15 accordance with auditing standards generally accepted in the United 16 States of America.This must be stated in the accounting firm's opinion. 17 It should: (1)express an unqualified opinion, or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital(working capital=current assets—current 26 liabilities)by a factor of 10.Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects. Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A" should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for PP 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. r50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July 1,2011 City Project No.01479 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July 1,2011 City Project No.01479 004512-1 PREQUALIFICATION STATEMENT Page 1 of I �, + �i 1 SECTION 00 4512 2 PREQUALIFICATION STATEMENT 3 4 Each Bidder for a City procurement is required to complete the information below by (' 5 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 6 major work type(s)listed. , 7 8 ! Major Work Type Contractor/Subcontractor Company Prequalification 1; Name Expiration Date Water Improvements rn+se r(b ;o+)-i X L Sanitary Sewer i ** Improvements T is 9 10 11 The undersigned hereby certifies that the contractors and/or subcontractors described in 12 the table above are currently prequalified for the work types listed. 13 14 BIDDER: ,I t 15 16 ebM4-.qQ1C&05J11A LJ Cn0'g4LPBy: e_Y-C��J r)A�::r4�;St V- 7 Company (P1 nt) 18 19 ' . 0A iT')4Lis Signature 20 AAdma 1i i 21 22 "1- { n I 1 q Title: efen 23 City/State/Zip (Puce Pint) j f 24 25 Dater y (! �i 26 I ; 27 END OF SECTION 28 l � I 4. 1P f, CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July 1,2011 City Project No.01479 FORT WORTH 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 f 1 C ) Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. I� 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" I. 0045 13-2 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) 71 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised December 20,2012 City Project No.01479 0045 13-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES,CONTINUED Sewer CIDP, 12-inches and smaller Sewer CIDP,24-inches and smaller Sewer CIDP,42-inches and smaller Sewer CIDP,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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised December 20,2012 City Project No.01479 0045 13-4 BIDDER PREQUALIFICATION APPLICATION s 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 Water and Sanitary Sewer Replacement p STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised December 20,2012 City Project No.0 14 79 0045 13-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 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 x 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. i CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised December 20,2012 City Project No.01479 0045 13-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 R 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised December 20,2012 City Project No.01479 0045 13-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCE SHEET 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised December 20,2012 City Project No.01479 004513-8 BIDDER PREQUALIFICATION APPLICATION Page 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 artYwith 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: IIIr 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised December 20,2012 City Project No.01479 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it S provides worker's compensation insurance coverage for all of its employees employed on City ' 6 Project No.01479. Contractor further certifies that pursuant to Texas Labor Code,Section 7 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. ., 9 10 CONTRACTOR: ! ,! 12 A--SD( I M.ri4 t�Rfny 1�X,LP By: 13 Company (Please 14 1S ,L1• �oX ��"T'7g Signature: 16 Address �} I17 y 18 Title:' 19 City/State/Zip (Please Print) 20 i 21 22 THE STATE OF TEXAS § , 23 i I 24 COUNTY OF TARRANT § 25 26 BEFORE ME, he undersigned authority,on this day personally appeared 27 lr ,known to me to be the person whose name is 28 subscribed t6 the fo egoing in ment,and acknowledged to me that he/she executed the same as 1 29 the act and deed o C -{ru( ;p,�`(�{�L� for the purposes and I30 consideration therein expressed and in the capacity therein stated. 31 32 G NUNDERMY HAND AND SEAL OF OFFICE th' -l;h f 33 QyY%b1 g _ ,20.1. 34 c 3536 ►}/ye VICKI L.OLSON 37 ;' Notary Public,State of Texas Notary Public in and for the State of Texas My Commission Expires 38 too November 12,2017 39 END OF SECTION k i 40 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD OONSTRUC 17ON SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July i,2611 City Project No.01479 � F 004540-1 MINORITY BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 6 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 7 subcontracting goal is not applicable. 8 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 11 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 12 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 13 14 MBE PROJECT GOAL 15 The City's MBE goal on this project is 11% of the total bid (Base bid applies to Parks and 16 Community Services). Note: If both MBE and SBE subcontracting goals are established for this .� 17 project,then an Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be 18 deemed responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts greater than $50,000 where a MBE subcontracting goal is applied, bidders are 22 required to comply with the intent of the City's Business Diversity Ordinance by one of the 23 following: 24 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 25 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 26 3. Good Faith Effort documentation,or; 27 4. Waiver documentation. 28 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 29 responsive. Any questions,please contact the M/WBE Office at(817)392-6104. 30 31 SUBMITTAL OF REQUIRED DOCUMENTATION 32 The applicable documents must be received by the Managing Department, within the following 33 times allocated, in order for the entire bid to be considered responsive to the specifications. The 34 Off shall deliver the MBE documentation in person to the appropriate employee of the Managing 35 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the 36 documentation in the time allocated. A faxed opy will not be accepted. 1. Subcontractor Utilization Form,if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if participation is less than the bid opening date,exclusive of the bid opening date. statedgoal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form,if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form,if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date,exclusive of the bid opening date. 37 END OF SECTION r1LCITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised December 20,2012 City Project No.01479 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on '5 3 /S is made by and between the City of Fort 5 Worth, a Texas home rale municipality, acting by and through it, duly authorized City Manager, 6 ("City„), and (o»<fSti CD.11 C it 1 7- . Z P- 7 authorized to do business in Texas, acting by and through its duly authorized representative, 8 ("Contractor"). 9 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 10 follows: 11 Article 1. WORK 12 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 13 Project identified herein. 14 Article 2.PROJECT l� 15 The project for which the Work under the Contract Documents may be the whole or only a part is 16 generally described as follows: 17 Water and Sanitary Sewer Replacement-Contract 2009 STM-0 18 City Project No. 01479 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 180 days after the date when the 25 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 26 3.3 Liquidated damages 27 Contractor recognizes that time is of the essence of this Agreement and that City will 28 suffer financial loss if the Work is not completed within the times specified in Paragraph 29 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 30 General Conditions. The Contractor also recognizes the delays, expense and difficulties 31 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 32 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 33 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 34 City Six Hundred Dollars and Zero Cents ($ 650.00) for each day that expires after the 35 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 36 of Acceptance. OFFICIAL RECORD CITY SECRETARY FTS WORTH,TX CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised December 20,2012 City Project No.01479 005243-2 Agreement Page 2 of 4 1 Article 4. CONTRACT PRICE 2 City agrees to pay Contractor for performance of the Work in accordance with the Contract 3 Documents an amount in current funds of Dollars 4 ($ �� yds�� w 5 Article 5. CONTRACT DOCUMENTS 6 5.1 CONTENTS: 7 A. The Contract Documents which comprise the entire agreement between City and 8 Contractor concerning the Work consist of the following: 9 1. This Agreement. 10 2. Attachments to this Agreement: 11 a. Bid Form 12 1) Proposal Form 13 2) Vendor Compliance to State Law Non-Resident Bidder 14 3) Prequalification Statement 15 4) State and Federal documents(project specific) 16 b. Current Prevailing Wage Rate Table 17 a Insurance ACORD Form(s) 18 d. Payment Bond 19 e. Performance Bond 20 f. Maintenance Bond 21 g. Power of Attorney for the Bonds 22 h. Worker's Compensation Affidavit 23 i. MWBE Commitment Form 24 3. General Conditions. 25 4. Supplementary Conditions. 26 5. Specifications specifically made a part of the Contract Documents by attachment 27 or, if not attached, as incorporated by reference and described in the Table of 28 Contents of the Project's Contract Documents. 29 6. Drawings. 30 7. Addenda. 31 8. Documentation submitted by Contractor prior to Notice of Award. 32 9. The following which may be delivered or issued after the Effective Date of the 33 Agreement and, if issued, become an incorporated part of the Contract Documents: 34 a. Notice to Proceed. 35 b. Field Orders. 36 c. Change Orders. 37 d. Letter of Final Acceptance. 38 39 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised December 20,2012 City Project No.01479 005243-3 Agreement Page 3 of 4 1 Article 6.INDEMNIFICATION 2 1.2 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 3 expense, the city, its officers, servants and employees, from and against any and all 4 claims arising out of, or alleged to arise out of,the work and services to be performed 5 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 6 under this contract. This indemnification provision is specifically intended to operate 7 and be effective even if it is alleged or proven that all or some of the damages being 8 sought were caused, in whole or in part, by any act, omission or negligence of the city. 9 This indemnity provision is intended to include, without limitation, indemnity for 10 costs,expenses and legal fees incurred by the city in defending against such claims and 11 causes of actions. 12 13 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 14 the city,its officers,servants and employees, from and against any and all loss,damage 15 or destruction of property of the city,arising out of,or alleged to arise out of,the work 16 and services to be performed by the contractor, its officers, agents, employees, 17 subcontractors, licensees or invitees under this contract. This indemnification 18 provision is specifically intended to operate and be effective even if it is alleged or 19 proven that all or some of the damages being sought were caused, in whole or in part, 20 by any act,omission or negligence of the city. 21 22 Article 7. MISCELLANEOUS 23 7.1 Terms. 24 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 25 have the meanings indicated in the General Conditions. 26 7.2 Assignment of Contract. 27 This Agreement, including all of the Contract Documents may not be assigned by the 28 Contractor without the advanced express written consent of the City. 29 7.3 Successors and Assigns. 30 City and Contractor each binds itself, its partners, successors, assigns and legal 31 representatives to the other party hereto, in respect to all covenants, agreements and 32 obligations contained in the Contract Documents. 33 7.4 Severability. 34 Any provision or part of the Contract Documents held to be unconstitutional, void or 35 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 36 remaining provisions shall continue to be valid and binding upon CITY and 37 CONTRACTOR. 38 7.5 Governing Law and Venue. 39 This Agreement, including all of the Contract Documents is performable in the State of 40 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 41 Northern District of Texas,Fort Worth Division. OFFICIAL RECORD CITY OF FORT WORTH CITY SECRETARY later and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS T,WORTH,TX Contract 2009 STM-0 Revised December 20,2012 City Project No.01479 005243-4 Agreement Page 4 of 4 1 7.6 Other Provisions. 2 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 3 classified, promulgated and set out by the City, a copy of which is attached hereto and 4 made a part hereof the same as if it were copied verbatim herein. 5 7.7 Authority to Sign. 6 Contractor shall attach evidence of authority to sign Agreement, if other than duly 7 authorized signatory of the Contractor. 8 9 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 10 counterparts. it 12 This Agreement is effective as of the last date signed by the Parties("Effective Date"). 13 r Conatse Contractor: Construction r L.P. City of Fort Worth Fernando Costa FORT By-: Assistant City Manage (Signature) Q � Q Date O /S Attest: S at a er, ° �00o Jerry Conatser Itov ecretary Xp►S President (Seal) Title: Address: 5327 Wichita Street R Fort Worth,TX 76119 M&C C7-11- Date: 1T'Date: 3. 15' City/State/Zip: Approve as to Form and Legality: C)� Date Douglas W. Black Assistant City Attorney 14 15 16 APPROVAL RECOMMENDED: 17 18 19 20 ndrew T.Cronberg,P.E. 21 INTERIM DIRECTOR, 22 WATER DEPARTMENT 23 OFFICIAL RECORD CITY OF FORT WORTH CITY aSECRETARX Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised December 20,2012 •WORTH, TX City Project No.01479 Bond Number: 0187849 0061 13-1 PERFORMANCE BOND Page I of 2 ISSUED IN EIGHT(8)COUNTERPARTS 1 SECTION 00 61 13 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, CONATSER CONSTRUCTION TX,L.P. ,known as 9 "Principal"herein and BERKLEY INSURANCE COMPANY , a corporate 10 surety(sureties, if more than one)duly authorized to do business in the State of Texas,known as 11 "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of Texas, known as"City"herein, in the penal One Million Four Hundred 13 sum of,Eighty Seven Thousand Eight Hundred Eighty and 00/100 Dollars 14 ($ 1,487,880.00 ), lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County, Texas for the payment of which sum well and truly to be made, we bind 16 ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, 17 firmly by these presents. 18 WHEREAS, the Principal has entered into a certain written contract with the City 19 awarded the 3o,(/ day of,in - t ,20 /15, which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein,to furnish all materials, equipment 21 labor and other accessories defined by law, in the prosecution of the Work, including any Change 22 Orders, as provided for in said Contract designated as Water and Sanitary Sewer Replacement- 23 Contract 2009 STM-0 , City Project No. 01479. 24 NOW,THEREFORE,the condition of this obligation is such that if the said Principal fp 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work, including Change Orders, under the Contract, according to the plans, 27 specifications, and contract documents therein referred to, and as well during any period of 28 extension of the Contract that may be granted on the part of the City,then this obligation shall be r29 and become null and void, otherwise to remain in full force and effect. 30 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in r31 Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort 32 Worth Division. IOFFICIAL RECORD CITY OF FORT WORTH CITY SECRETARY ate,and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July 1,2011 FT. WORTH,TX City Project No.01479 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_ 3r S day of 6 a (A--, 20 7 PRINCIPAL: 8 CONATSER CONSTRUCTION TX,L.P. 9 10 11 BY: 12gnature 13 ATTEST: 14 15 Jerry Conatser,President 16 (Principal)Secretary Name and Title 17 18 Address: 5327 Wichita St. 19 Fort Worth,TX 76119 20 21 _ ., 22 W et to rin 23 SURETY: 24 BERKLEY INSURANCE COMPANY 25 26 , \MA27 BY: _ 28 Signatur 29 30 V.DeLene Marshall,Attorney-In-Fact 31 Name and Title 32 33 Address: 475 Steamboat Road 34 Greenwich,CT 06830 35 r 36 37 Witncs as to Surety Telephone Number: (866)768-3534 38 39 r 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. 45 OFFICIAL RECORD CITY SECRETARY CITY OF FORT WORTH � ��T�t(a�te,d knitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July 1,2011 City Project No.01479 Bond Number: 0187849 0061 14-1 PAYMENT BOND Page l of 2 ISSUED IN EIGHT(8)COUNTERPARTS 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, CONATSER CONSTRUCTION TX,L.P. known as 9 "Principal' herein, and BERKLEY INSURANCE COMPANY , a 10 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pur uant t the laws of the State of Texas, known as "City"herein, �ne Million Four Hundred 13 in the penal sum of Eighty Seven Thousand Eight Hundred Eighty and 00/100 Dollars 14 ($1,487,880.00 ), lawful money of the United States, to be paid in Fort Worth, 15 Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, 16 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 17 presents: 18 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 19 day of _ �'1-q/. c ti , 20, VS , which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, 21 labor and other accessories as defined by law, in the prosecution of the Work as provided for in 22 said Contract and designated as Water and Sanitary Sewer Replacement- Contract 2009 STM-0, 23 City Project No. 01479. 24 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 25 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 26 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 27 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 28 force and effect. 29 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 30 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 31 accordance with the provisions of said statute. 32 OFFICI3RECORDOIlry SCITY OF FORT WORTH 11rWWater and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS isContract 2009 STM-0 Revised July 1,2011 City Project No.01479 0061 14-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the day of 3 206 4 PRINCIPAL: CONATSER CONSTRUCTION TX. L.P. ATTEST: BY: S' atu Jerry Conatser.President (Principal) Secretary Name and Title Address: 5327 Wichita St. 2� Fort Worth,TX 76119 Wit e s o SURETY: BERKLEY INSURANCE COMPANY ATTEST: BYliggnature' V.DeLene Marshall,Attorney-In-Fact (Surety) Secret Name and Title Address: 475 Steamboat Road Greenwich,CT 06830 Witn s as to Surety Telephone Number: (8ffl 768-3534 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address, both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 OFFICIAL RECORD CITY SECRETARY FT. WORTHS TX CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 -" Revised July 1,2011 City Project No.01479 Bond Number: 0187849 0061 19-1 MAINTENANCE BOND Page 1 of 3 ISSUED IN EIGHT(8)COUNTERPARTS 1 SECTION 00 61 19 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we ,owATSF.R C oN-,TR11cTT0 N TX,T._p- , known as 9 "Principal"herein and BERKLEY INSURANCE COMPANY , a corporate surety 10 (sureties, if more than one)duly authorized to do business in the State of Texas, known as 11 "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as"City"herein, One Million Four Hundred Eighty 13 in the sum of Seven Thousand Eight Hundred Eighty and 00/100 Dollars 14 ($1,487,880.0 ), lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County, Texas, for payment of which sum well and truly be made unto the City and its 16 successors, we bind ourselves, our heirs,executors, administrators, successors and assigns,jointly 17 and severally, firmly by these presents. 18 19 WHEREAS,the Principal has entered into a certain written contract with the City awarded 20 the lee day of /'t't 4/ t4 ,20 IS, which Contract is hereby 21 referred to and a made part hereof for all purposes as if fully set forth herein,to furnish all 22 materials, equipment labor and other accessories as defined by law, in the prosecution of the 23 Work, including any Work resulting from a duly authorized Change Order(collectively herein, 24 the"Work") as provided for in said contract and designated as Water and Sanitary Sewer 25 Replacement- Contract 2009 STM-0,City Project No. 01479; and 26 27 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 28 accordance with the plans,specifications and Contract Documents that the Work is and will 29 remain free from defects in materials or workmanship for and during the period of two(2)years 30 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 31 32 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 33 upon receiving notice from the City of the need therefor at any time within the Maintenance 34 Period. OFFICIAL RECORD CITY SECRETARY CITY OF FORT WORTH FT. WORTH y*ter nd Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July I,2011 City Project No.01479 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 2 NOW THEREFORE,the condition of this obligation is such that if Principal shall 3 remedy any defective Work, for which timely notice was provided by City,to a completion 4 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 5 full force and effect. 6 7 PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely 8 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 9 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 10 the Surety under this Maintenance bond; and 11 12 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 13 Tarrant County, Texas or the United States District Court for the Northern District of Texas,Fort 14 Worth Division; and 15 16 PROVIDED FURTHER,that this obligation shall be continuous in nature and 17 successive recoveries may be had hereon for successive breaches. 18 19 20 OFFICIAL RECORD CITY SECRETARY FT. WOI TH9 TX CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July 1,2011 City Project No.01479 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 3�r day of F19--e4 3 , 20 D. 4 5 PRINCIPAL: 6 CONATSER CONSTRUCTION TX,L.P. 7 8 9 BY: 10 S' ature 11 ATTEST: 12 13 Jerry Conatser,President 14 (Principal)Secretary Name and Title 15 16 Address: 5327 Wichita St. 17 Fort Worth,TX 76119 18 19 20 Witnes o c7j 21 SURETY: 22 BERKLEY INSURANCE COMPANY 23 24 25 BY L 26 Signa re 27 28 V.DeLene Marshall,Attorney-In-Fact 29 ATT ST: Name and Title 30 31 _ Address: 475 Steamboat Road 32 (Sure )Secret Greenwich,CT 06830 33 34 &,/w 35 WitnesA as to Surety Telephone Number: (866)768-3534 36 37 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 OFFICIAL RECORD CITY SECRETARY FT. WORTH$TX CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July 1,2011 City Project No.01479 ivo.01-1145uc POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly y organized and existing under the laws of the State of Delaware,having its principal office in Greenwich,CT,has made,constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J. Reyna, Don E. Cornell, Lisa M. Bonnot, Vena DeLene Marshall or Sophinie Hunter of Aon Risk Services Southwest,Inc. of Dallas, TX its true and lawful Attorney-in- Fact, to sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S.Dollars(U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by 1 the regularly elected officers of the Company at its principal office in their own proper persons. 5 This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: � RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief „ Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant E Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the = corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted;and further o RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings,recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the F manner and to the extent therein stated;and further c RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and b further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any 2 power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company;and such signature and seal when so used shall have the same force and effect as 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any E person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have a ceased to be such at the time when such instruments shall be issued. E b IN WITNESS WHEREOF, the Comp ny has cauld these resents to be signed and attested by its appropriate officers and its L o corporate seal hereunto affixed this W day of U�' ,2014. o Attest: / Berkley Insurance Company 0 (Seal) By ByLAAv-- F- Ira S.Lederman J y .Hafter b Senior Vice President&Secretary for ce President WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE-BERKLEY"SECURITY PAPER. STATE OF CONNECTICUT) ss: o COUNTY OF FAIRFIELD ) 01 Sworn to before me, a Notary Public in the State of Connecticut, this d day ofLF ti , 2014, by Ira S. Lederman and Jeffrey M.Hafter who are sworn to me to be the Senior Vice President and Secretary,and Senior Vi President,respectively,of c Berkley Insurance Company. MARtA C.qU ' ^ n NOTARY PUBLIC ` L• � MY COMMISSION EXPIRES 1,fotary Public, State of Connecticut o APRIL C7CERTIFICATE z I,the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY,DO HEREBY CERTIFY that the foregoing is a true, correct and complete copy of the original Power of Attorney;that said Power of Attorney has not been revoked or rescinded and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is attached,is in full force and effect as of this date. / Given under my hand and seal of the Company,this day of 4/ (Seal) Andr . Tu a Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group is the affiliated underwriting manager for the surety business of: Acadia Insurance Company,Berkley Insurance Company, Berkley Regional Insurance Company, Carolina Casualty Insurance Company,Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond,please call(866)768-3534 or email BSGInquiry@berkleysurety.com Any written notices,inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group 412 Mount Kemble Avenue Suite 310N Morristown,NJ 07960 Attention: Surety Claims Department Or email BSGClaim@berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted,please set forth generally the basis of the claim. In the case of a payment or performance bond, please identify the project to which the bond pertains. IMPORTANT NOTICE To obtain information or make a complaint: You may call Berkley Surety Group, LLC and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP, LLC Please send all notices of claim on this bond to: Berkley Surety Group, LLC (866) 768-3534 412 Mount Kemble Avenue, Suite 310N Morristown, NJ 07960 Attn: Surety Claims Department You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtection()-tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group, LLC first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. NYYY ACORV CERTIFICATE OF LIABILITY INSURANCE 3/12/20115 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Sweeney Company PHONE (817)457-G7OO FAX, o:(817)457-7246 1121 E. Loop 820 South EDDRE P 0 BOX 8720 INSURERS AFFORDING COVERAGE NAIC N Fort Worth TX 76124-0720 INSURERABITCO National Insurance CO 20109 INSURED INSURERB:BITCO General Insurance Corp 20095 Conatser Construction TX, LP INSURERC: P.O.BOX 15448 INSURER D: INSURER E: Fort Worth TX 76119 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. rA TYPE OF INSURANCEAW SUEIR POLICY EFF POLICY EXP LIMITS POLICY NUMBER MMIDDIYYYY MM/DD/YYYY GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 MA ENTED X COMMERCIAL GENERAL LIABILITY PREMIE Ea occu ence $ 100,000 CLAIMS-MADE 7 OCCUR CLP 3 607 277 8/1/2014 8/1/2015 MED EXP(Any one person) $ 5,000 X CONTRACTUAL, XCU PERSONAL BADV INJURY $ 1,000,000 X INDEP CONT, BFPD GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 POLICYFX PRO- LOC $ T F AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident 11000,000 A X ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED CAP 3 607 276 /1/2014 8/1/2015 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident PIP-Basic $ X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I X I RETENTION$ 10,00 UP 2 806 034 8/1/2014 /1/2015 $ B WORKERS COMPENSATION X ,WC STATU- OTH- AND EMPLOYERS'LIABILITYORY LIMITS ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000 000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory In NH) 3 607 275 8/1/2014 /1/2015 E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 El DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CONTRACT 2009 STM-0 WATER 6 SANITARY SEWER IMPROVEMENTS. ALL POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDORSEMENT 6 THE GL, AUTO 6 UMB POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDORSEMENT PROVIDING ADDITIONAL INSURED 6 WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED 6 THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS. THE GL ADDITIONAL INSURED ENDORSEMENT CONTAINS SPECIAL PRIMARY 6 NONCONTRIBUTORY WORDING. THE POLICIES INCLUDE AN ENDORSEMENT PROVIDING 30 DAYS NOTICE OF CANCELLATION (10 DAYS FOR NON-PAYMENT OF PREMIUM) TO THE CERTIFICATE HOLDER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF FORT WORTH ACCORDANCE WITH THE POLICY PROVISIONS. 1000 THROCKMORTON ST FORT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE Charles Sweeney/JOYCE 4CORD 25(2010105) ©1988-2010 ACORD CORPORATION. All rights reserved. NS025mntnn.mn1 Tho arnon name anri Innn aro roniclororl marlra of arnon - 006125-1 CERTIFICATE OF INSURANCE Page 1 of 1 t 1 SECTION 00 6125 2 CERTIFICATE OF INSURANCE 3 �. 4 5 6 [Assembler: For Contract Document execution, remove this page and replace with standard 7 ACORD Certificate oflnsurance form.] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2009 STM-0 Revised July 1,2011 City Project No.01479 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT MY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2009 STM-0 Revision:December 21,2012 City Project No.01479 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.................................................................:.....................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l l Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article 5—Bonds and Insurance .....................................................................................................................16 P 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment, and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 I CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2009 STM-0 Revision:Deoanber2l,2012 City Project No.01479 6.02 Labor; Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers,and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 F 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29. 6.15 Safety Representative................................................................. .............................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals.............................................................................. ..................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit..................................................... .....................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article7-Other Work at the Site.................................... . ..... ......... .. ....................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination......................................................................................... 36 Article8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due ............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 8.05 Change Orders............................ .. ................................ ....................................................36 8.06 Inspections,Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 A- 9.01 City's Project Representative.....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 r CITY OF FORT WORTH Water and Sanitary Sewer Replacement N STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2009 STM-0 Revision:Decernber21,2012 City Project No.01479 Article 10-Changes in the Work; Claims;Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 N 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 I` 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 k" pArticle 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 F_. 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 r Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CrrY"OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2009 STM-0 Revision:Decernbes21,2012 City Project No.01479 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings....... .....................................................,........................................................................63 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2009 STM-0 Revision:Dece nba2l,2012 City Project No.01479 007200-1 General Conditions Page l of 63 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award—Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day— A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11. Buzzsaw—City's on-line, electronic document management and collaboration system. 12. Calendar Day—A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2009 STM-0 Revision:Decmber21,2012 City Project No.01479 007200-1 General Conditions Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and A chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney– The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the i Contract.A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements, whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and(ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2009 STM-0 Revision:December21,2012 City Project No.01479 007200-1 General Conditions Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day—A day, unless otherwise defined, shall mean a Calendar Day. 27.Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas,or his duly appointed representative, assistant, or agents. 28.Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth,Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 31. Director of Water Department— The officially appointed Director of the Water Department of the City of Fort Worth,Texas,or his duly appointed representative,assistant,or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34.Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents.Extra work shall be part of the Work. 36.Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2009 STM-0 Revision:Deonnber21,2012 City Project No.01479 007200-1 General Conditions Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, M- and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44.Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of Award—The written notice by City to the Successful Bidder stating that upon F timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47.Notice to Proceed A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50. Plans–See definition of Drawings. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2009 STM-0 Revision:December 21,2012 City Project No.01479 007200-1 General Conditions Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Representative—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954(42 USC Section 2011 et seq.)as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights-of-way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for 3 materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CnTY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2009 STM-0 Revision:Decanber2l,2012 City Project No.01479 007200-1 General Conditions Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent—The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. _ 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours—Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction,all as required by the Contract Documents. 72. Working Day—A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology r A. The words and terms discussed in Paragraph 1.023 through E are not defined but, when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2009 STM-0 Revision:Decenber21,2012 City Project No.01479