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Home My WebLink AboutContract 47518 CITY SECRETARY D.O.E. FILE CONTRACTOR'S BONDING 0',- CITY SECRETA COhiTW1 tlln, CONSTRUCTION'S COPY CLIENT DEPARTMENT FORT WORTH PROJECT MANUAL FOR THE CONSTRUCTION OF Pecan Dalley Pump Station City Project No.02262 DOE#7514 Betsy Price David Cooke Mayor City Manager Richard Zavala Director,Parks and Community Services FOFFICIAL RECORD CRETARY Prepared for R`I H9 TX The City of Fort Worth -__-- Parks and Community Services ��,`��11111.tt1tt 2015 ��P��of TF,iq t4 • t Pape-Dawson Engineers, Inc. r* ' •,.,•.,..:**.lr�, �...»...............L.DAVIS KENNETH ................r . .......fi "0 t656 10 11 1- 1 x'90'5 FORT WORTH. City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00-I STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 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 0041 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 0061 25 Certificate of Insurance 00 72 00 General Conditions 007300 Supplementary Conditions Division Ol -General Requirements 01 11 00 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 3120 Project Meetings 01 32 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 3300 Submittals 01 35 13 Special Project Procedures 01 4523 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 57 13 Storm Water Pollution Prevention Plan 01 60 00 Product Requirements 01 6600 Product Storage and Handling Requirements 01 70 00 Mobilization and Remobilization 01 71 23 Construction Staking and Survey 01 7423 Cleaning 0177 19 Closeout Requirements 01 7823 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised November 22,2013 000000-2 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 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://prof ectpoint.buzzsaw.com/client/fortwoi-thgov/Resources/02°/a20- %20Construction%2ODocuments/Specifications Division 02-Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03-Concrete Division 26-Electrical 26 05 33 Raceways and Boxes for Electrical Systems Division 31 -Earthwork 31 1000 Site Clearing 3123 16 Unclassified Excavation 31 25 00 Erosion and Sediment Control Division 32-Exterior Improvements 32 01 29 Concrete Paving Repair 32 11 23 Flexible Base Courses 32 11 29 Lime Treated Base Courses 32 12 16 Asphalt Paving 32 13 13 Concrete Paving 3291 19 Topsoil Placement and Finishing of Parkways 32 92 13 Hydro-Mulching, Seeding, and Sodding Division 33-Utilities 3305 10 Utility Trench Excavation,Embedment, and Backfill 33 05 22 Steel Casing Pipe 33 05 24 Installation of Carrier Pipe in Casing or Tunnel Liner Plate 33 05 30 Location of Existing Utilities 33 1105 Bolts,Nuts, and Gaskets 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 33 12 10 Water Services 1-inch to 2-inch 33 1225 Connection to Existing Water Mains 33 1230 Irrigation Pump Station Building Appendix GC-4.02 Subsurface and Physical Conditions GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates END OF SECTION CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised November 22,2013 M&C Review Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FOR 11 REFERENCE ** 80PECAN VALLEY GOLF DATE: 1/26/2016 NO.: C-27610 LOG NAME: COURSE PUMP STATION CODE: C TYPE: CONSENT PUBLIC NO HEARING. SUBJECT: Authorize Execution of Construction Contract with Steve Dake Construction, Inc. d/b/a Dake Construction in the Amount of$515,976.00 for the Replacement of the Irrigation Pump Station at Pecan Valley Golf Course, Provide for Project Administration and Contingencies in the Amount of$54,807.00 for a Total Construction Cost of$570,783.00 and Adopt Appropriation Ordinance (COUNCIL DISTRICT 3) RECOMMENDATION: It is recommended that the City Council: 1. Approve the use of$160,000.00 in Municipal Golf Gas Capital Conversion funds; 2. Adopt the attached appropriation ordinance increasing the receipts and appropriations in the Municipal Golf Gas Capital Conversion Fund of the Pecan Valley Golf Course Pump Station in the amount of$160,000.00; and 3. Authorize the City Manager to execute a construction contract with Steve Dake Construction, Inc. d/b/a Dake Construction in the amount of$515,976.00 for the replacement of the irrigation pump station at Pecan Valley Golf Course. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the City Manager to execute a construction contract with Steve Dake Construction, Inc. d/b/a Dake Construction in the amount of$515,976.00 for the replacement of the irrigation pump station at Pecan Valley Golf Course. On July 15, 2014, (M&C C-26851) the City Council authorized an Engineering Agreement with Pape- Dawson Engineers, Inc., in the amount of$78,900.00 for design and preparation of construction documents for a new irrigation pump station at Pecan Valley Golf Course. The project was originally advertised for bids in July 2015, but the bids received exceeded the available project funding and all bids were rejected (M&C G-18570). The project was re-advertised on October 8, 2015 and October 15, 2015 in the Fort Worth Star- Telegram. On October 29, 2015 the following bids were received: Project Bids Bidder Base Bid Amount Steve Dake Construction, Inc. d/b/a Dake Construction $515,976.00 Mela Contracting $550,010.00 —Rey-mar Construction $663,010.00 The Base Bid items include: Dewatering work area, installation of water pipe, wet well, irrigation pump station, concrete slab and installation of pre-fabricated structure, asphalt paving and connection of utilities (plumbing/irrigation and electrical). It is recommended that the Base Bid in the amount of$515,976.00, as submitted by Steve Dake Construction, Inc. d/b/a Dake Construction be approved for award of contract. Associated construction administration, inspection, testing and change order contingency funding are estimated to be $54,807.00. M&C Review Upon approval of this M&C, appropriations and contracts are allocated as follows: Project Expenditures Pecan Valley Golf Course Pump Station Replacement- #CO2262 Engineering Agreement(Pape-Dawson $78,900.00 Engineering) Design Administration, etc. $ 10,317.00 Design Phase Total $89,217.00 Construction Contract(Steve Dake Construction, Inc. d/b/a Dake Construction) $515,976.00 Testing, Inspections, Contingencies, etc. $54,807.00 Construction Phase Total $570,783.00 Project Total $660,000.00 MNVBE OFFICE - Steve Dake Construction, Inc. d/b/a Dake Construction is in compliance with the City's BDE Ordinance by committing to eight percent MBE participation. The City's MBE goal on this project is eight percent. Construction is anticipated to commence March 2016 and will be completed by July 2016. The contract period is 90 calendar days. There is no operational maintenance impact with this project as it is a replacement of the current pump station. There is no Furniture, Fixtures and Equipment associated with this project scope. Project Funding Description Amount 39304 Golf Gas Revenue Appropriation M&C C-26851 $500,000.00 53005 Additional Golf Gas Revenue Appropriation this M&C $160,000.00 Total: $660,000.00 Pecan Valley Golf Course is located in COUNCIL DISTRICT 3. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the attached appropriation ordinance, funds will be available in the current capital budget for this construction contract, as appropriated, of the Municipal Golf Gas Lease Project Legacy Fund and the Municipal Golf Gas Capital Conversion Fund. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 1&2 53005 0800450 4623001 CO2262 C05880 $160,000.00 1&2 53005 0800450 CO2262 C05880 $160,000.00 2 53005 0800450 4623001 UNSPEC $160,000.00 2) 1530051 0800450 UNSPEC 1 1 $160,000.00 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 3 53005 0800450 CO2262 C05880 $160,000.00 3 39304 0800450 CO2262 C05880 $355,976.00 1 53005 0800450 4623001 UNSPEC $160,000.00 M&C Review Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Richard Zavala (5704) Additional Information Contact: Scott E. Penn (5750) ATTACHMENTS 80PECAN VALLEY GOLF COURSE 53005 AO R2 FY16(Rev).docx Pecan Valley GC Map.pdf Signed Form 1295 - 2016 01 05Dake.pdf at _ Z� CERTIFICATE OF INTERESTED PARTIES C`a-7010 FORM 1295 lofl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-1201 Dake Construction Pantego,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/05/2016 being filed. City of Fort Worth Capital Project No.CO2262 Date Acknowledged: - - - -I I hvL 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. CO2262 Pecan Valley Pump Station 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Lewis, R Scott Arlington,TX United States X Dake,Valerie Arlington,TX United States X Dake,Steve Arlington,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty hat the above disclosure is true and correct. ,•"�a�'ti ESMERALDA GUTIERREZ ? ' = Notary Public,State of Texas a $_;•J My Commission Expires Ftt ` Jung 17, 2017 atur authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE I p G Sworn to and subscribed before me,by the said 11.k wi6 ,this the day of Jan aam 201_,to certify which,witness my hand and seal of office. &Tftud& b&�U' mac Emaida i r Signature of officer administering oaftV Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.33598 PAPE=DAWSON ENGINEERS ADDENDUM NO. 1 TO THE DRAWINGS AND SPECIFICATIONS PECAN VALLEY GOLF COURSE FORT WORTH, TEXAS PROPOSAL DATE: Thursday, October 29, 2015 ADDEDUM DATE: Wednesday, October 21, 2015 The following changes are hereby made in the Construction Plan documents to show the adjustments for installing the 24" intake pipe via open cut instead of an auger bore. The operations and actual dimension of the open cut will be determined by the contractor. There is an existing 8" irrigation line and a 2" sanitary sewer force main that will be over the top of the intake pipe and it will need to be protected during the open cut. After installation, the open cut trench will need to be filled and compacted. Additionally, an erosion control mat will be placed over the disturbed area and vegetation will be used to stabilize the slope. Shop drawings will need to be submitted to show the steep slopes will be appropriately protected and stabilized. Item No 1 -Sheet C3—Demolition Plan The project limits was adjusted to include the location of the open cut. A note was added for the removal of trees from our field visit. It is anticipated that 3—4 trees will need to be removed on the slope for the open cut. Dallas I San Antonio I Austin I Houston I Fort worth ..............-----._._..__._....----_ ._.....--- ......._..__...__......._.......—. .._._..__.......-----...------._.........---.....------........--- Transportation I Water Resources I Land Development I Surveying 1 Environmental 5700 W.Plano Pkwy.,Suite 2500,Plano,TX 75093 T:214.420.8494 w Av.Pape-Dawson.com Pecan Valley Golf Course October 21,2015 Page 2 of 2 Item No 2 - Sheet C5—Utility Plan A note was added for concrete encasement of the 24"pipe that will be under the slope. Item No 3 - Sheet C8—Erosion Control Plan Additional silt fence was added around the open cut area. That may need to be revised by the contractor to accommodate the open cut trench. A note has been added to install erosion control mat with soil staples or nails on the disturbed area by the open cut trenching. Additionally, a submittal will be made for the erosion control mats to show that the soil nails/staple patterns are sufficient to stabilize a 1:1 slope. A note has also been added stating that 70%vegetation is required before being accepted by the City. Please note that a suitable plant type will need to be used for winter time growth. End of Addenda No. 1 PAPE DAWSON ENGINEERS / f � I / / f / / / N f / � W SCALE; 1 20 A, f/ 0 20 40 60 4110i41,� I f, Too LEGEND KEVIN 6 656'DAVIS� APPROX "LLWAy PROJECT LIMITS ® ® ® f I +.T;cE �•-` LOCATION OF ` .. OPEN CUT FOR O.ER LINES a 3- "� ./ ,= -- APPROXIMATE LOCATION WATER INTAKE POWER tJ 7GF HIGH \ / -w j of EXISTING PAVEMENT TO BE REMOVED J PIPE. ' 2Ot ? 4r f WATER/SEWER LINES ju:(LS 3-4 TREES TO BE REMOVED AS NEEDED FOR OPERATION. GOLF ' ® '+ -'; ff f ASPHALT PAVEMENT COURSE TO ADDRESS REPLANTING '� . OF TREES. ®� ®� r': ®f f EXISTING OVERHEAD ELECTRIC LINE EXISTING TANKS, BUILDING ® ®. titi 275 SQYDS. OF EXISTING GUY WARE -�Y n^ L ASPHALT.PAVEMENT TO EXISTING POWER POLE rw �R o AND PUMP EQUIPMENT TO r EXISTINGSITELIGHT # STAY IN SERVICE DURING BE REMOVED EXISTING$ - O a CONSTRUCTION- NEW PUMP / o� SERVICE. EXISTING PUMP STATION TO BE REMOVED f TREE REMOVAL ! AFTER NEW PUMP SYSTEM �- TAN awl HAS BEEN INSTALLED AND / FUNCTIONING. CONTRACTOR \ K f BENCHMARK, W - TO COORDINATE WITH OWNER ON TIMING&OPERATIONS _ ! ® 600 NAIL W UTILITY POLE 7 SWATCH. - LOCATED APPROMMATELY Q k Z j 22V NORTH OF EXISTING _ ELEV.=635.86" IRRIGATION CON 1. `j VALVE TO BE .49," RELOCATED MILL TOP2" OF on Y ASPHALT PAVE ENT AND REPLACE WITH f NEW 2"HMA - / OVERLAY 0. U) X Lll ✓ ///''' MONUMENT - V VV / .t. , SIGN o !!!CAUTION YO -OVERHEAD.POWER LINES IN IN AREA /-:. - � - a„ - � y0 Z EXISTING / FENCE TOR AIN J 0 WALTE . MILL TOP "OF < o Q ! ASPHALT _ PAVEM T AND, } REPLA WITH EW �. 2"H AC-0VE LAY Z U o / / W / ^^ L.I. / / \ E / / PIAT NO. no PORTION OF JOB H0. 6103e / Gs- EXISTING ASPHALT DATE JUNE 2075 F,f / / h,V.T TO REMAIN DESIGNER JPM CHECKED JYU ORAVWNJPM / SHEET C3 ��Ta50LeMGLf�ifil]R➢{NY+U3ax Ft+i u5SW m0AN WNY�itD pLC®axtY HO Y�r xAME�xUgtr�RY xi9L RtY RtYdMx M9YPi WRPo4S 6�PtMNSAWYS O>eTx Ac10A xD 4n. 61039 0 I / f / Z o SCALE: 1"=20 �w 0 20 40 60 Z i'T g4P<E T L,i 4, LEGEND \ PROPOSED ASPHALT:PAVEMENT D KENNETH THL DAVIS1656 � I EDGE OF ?\ .,` I41(`fi.ry!CF1R;•\�{4 i. WATER .� ( i PROPOSED.STRUCTURES. , L 7p''0.`ICONCRE7E.SPpLWAY ." _`' �\\� \. J // AEXISTING SPHALT PAVEMENT 10.0• 4 ' EXISTING OVERHEAD ELECTRIC LINE -6O" PROPOSED STORAGE \ \V/ EXISTING WATER VALVE Oyu TANKS.CONTRACTOR TO *a: / / EXISTING GUY W.RE II pp REFER TO PUMP PACKAGE EXISTING POWER TSTPOLE \ SPECFIGATIONS \\ / EXISTING.SITE LIGHT BEGIN 24'PVC 0905 PIPE INSTALL INTAKE BOX(SE H: E 0 LS) \:_ STA 1+28 FL• 1:Ot / ENO 24 PVC 0905 PIPE iii m 6925 .34 CONNECT TO PUMP WELL O �. TOP OF � �1 PROPOSED PIXLTABLE 6.5• BUILDING(SPECS TO BE 2. PROMDED BY OWNER) Qu ( /✓ / PROPOSED 16X25' w/ PROPOSED CONDUIT \ / BUILDING SCE DETAIL ¢ {C FOR ELECTRIG - li - SHEET'C6'FOR _ a: a/ - 1 (REF.$IT.E1) - " PUMP INFORMATION b- . v/ .�`� ' FOR PIT PUMP STATION ViEr WELL NOTE- CONCRETE ENCASEMENT PROPOSED �1 `PAVEMENT APPROXIMATE LOCATION OF MSIINC- yp� OF 24'PIPE.UNDER e-, !J : WATER AND FORCE MART ARE SHOWN.IN SLOPE — 3 � REFERENCE TO PIANS BY. ��R■ 4 4: ( DUNAWAY ASSOCIATES,INC. / PECAN:VALLEY CqF COURSE /•. /- : COU WATER SEVER LAYOUT DATM,JAN 1969 PROPOSED27 LF.OF 2' 2 PVC IRRIGATION 'ySZ" m°+ LINE CONTRACTOR TO FIELD VERIFY LOCATION �ALTLR CION- DUDES PNIIXi TO S EDGE OF INSTALL TO EX.B"WATER LINE a� WATER / 1-6'X2'TAPPING BENCHMARK:. hH SLEEVE&VALE 600 HAIL IN UTILITY POLE LOCATED 1-2'IRRIGATION.-METER 24/ l N:6925721.17 APPROXIMATELY 225 NORTH OF EXISTING E3 2292390.67 BUILDING 7 ETll?-635.66• Z TOP OF /r ..Tru. : BANK. ( / a � O a- No. w � ENT PROPQSEO P VEI/ / Z'U / Q U w ° hCE PLAT N0. / \ JOB NO. 67039 _ \ DATE JUNE 2015 / // \\ DEMMER .PM CHECKED JYU ORAM1 JPM SHEET C5 �-as omvmn ws nav ismnn�wTnu u.r us scan un,.nx suerxu nrcaaerr xo v.r wx as xurvmmr uE.mm air wr w rwi n�asr weEus axsr.es c�uxrs z�uu»u�.r,vi. 61039 0 LEGEND l PROPOSED STRUCTURES O I J / ASPHALT PAVEMENT J $V GALE: 1"=20 = !!!/// ( gN 20 40 60 / )` EXISTING OVERHEAD ELECTRIC LINE 0 a- S, EKSTING WATER VALVE Of ' OaS TING GUY WREci OnSTING POWER POLE n Z 4� EXISTING SITE UGHT C L. R.O.W. ��4 EXISTING GRADE o --.-970- 3 5iP 1 OVERFLOW MIN, I - I SILT FENCE �.# !!' STRUCTURE —\\— — \\— i KENNETH GMDAVIS,i �� i. -j~..:. TREE PROTECTION '1 61656 t ' STONE OVERFLOW STRUCTURE F R FOut�AIIDN�) I ' 1 l PIAN VIEW ADwA. AN E CONSTRUCTION 50`MIN_ - / FROM LEAVING STH ROADWAY FLOW ARROW �► .gym \`` G "r 7: U BENCHMARK:i 60D HAIL IN URUTY POLE LOCATED APPROMMATELYINSTALL EROSION CONTROL225'NORTH OF EXISTINGMAT WITH SOIL \\\ .. 1111 T NER BUILDINGNAILS/STAPLES TO - i ( ) INTI PPE IiSPINSTAL ED. I PROFILE AFTER EIEV =ssse6` �y o - SLT.FENCE("TTP.) flu g G PROPOSED CRETE CONSTRUCTION CONSTRUCTION ENTRANCE EROSION CONTROL Q W T ` No SCALE MAT •4 ; W Z NOTE. ALL DISTURBED AREA'WLL NEED TO HAVE ti J VQQQ VEGETATION PRIOR ACCEPTANCE. ACC I _ ACCEPTABLE VEGETATION S DF NATIVE. ¶LMAEN� 5TRUCTION.T TYPES SUITED FOR GROWING DURING �- y �$ x � STON OVERFLOW '�� i` EilA o12 STRUCTURE i' WOVEN WRE SHEATHING VAIN .'2-2'X2'WOW _ - � TE SILT WHEN DEPTH REACHES 6 INCHES OPENING, IN.WIRE S BALE NO REMOVE MAX.iA NG,.M- STAKES PER wA zo cLucE RAY BAtLEE r �. DOSE SOIL RACED BY SHOVEL _. iI+�y{}'T AND LIGHTLY COMPACTED ALONG W 3 TREE PROTECTION 32'E Al I ""'I —B DIA OPENLY GRADED ROCK A" .FINISH GRADE THE UPSTREAM EDGE Of BALES. TREE / 4` , ET,, ` a, ms* 2—w ELM O OW ' ... .. PLACEMENT P 21'ELM HEC SECTION A ROCK C K DAM TYPICAL ENTRENCHED BALE PLACEM ~ X NO SCALE - NO SCALE W X, _''j39'OAK- SIGNIZ 0 \ 1 \� MONUMENT O ALTi7iN//��1fE NO.1 PROPOD CONCRET ?16-ELM t'' U w O z LL 0 OCO 2212(OR EQUAL) O.G.ITEM 21.0.(d) �+ CHOR FABRIC IN 4`X4'TRENCH (20 5 ROCK) AVON' ' u. B1-FILL&COMPACT _ w r / Ir FLOW OUND UNE 4' 40' Z U 'I �. t\ , w STABILIZED TYPICAL TEMPORARY FILTER T, o ENTRANCE CONSTRUCTION oN FABRIC WITHOUT WIRE FABRIC CROSS—SECTION SECTION A SILT FENCE DETAIL EARTH CONTAINMENT BERM SEDIMENT TRAP BERM SEDIMENT TRAP OUTLET PLAT NO. NO SCALE NO SCALE NO SCALE JOB NO, 61039 DATE .JUNE 2015 fOCf DESIGNER JPM O q o \� CHECKED JYU DRANK ,FM NkT SHEET C8 a 1`Ts[aua=AT ms to 6'21R'ID rxiv�u®+w.xsr us saw uoNs>P+.s+r&o[ucmwrxlr un�.r�r an xwsusar nnan.cnr var d me�uarcmr waa:,s suax ne mruvmz anaui sa..w�Hm ve_ 61039 41 SECTION 00 42 43 W JSAL DID PROPOSAL PROPOSAL FORM-PECAN VALLEY PUMP STATION P",142 UNIT PRICE BID Bidders Application Water Improvements ' Project Item Information Bidders Proposal Bidlist Item No. Description Specification Unit of Measure Bid P Section No. Quantity Unit Price Bid Value 2"PVC Water Pipe,Complete in Place for the Sum of. 3312.2203 Dollars& 33 12 10 L.F. 25 Cents per Linear Foot 24"PVC C905 Water Pipe,Complete in Place for the Sum of: 3311.0661* Dollars& 33 11 12 L.F. 128 Cents per Linear Foot Intake Box,Complete in Place for the Sum of: 9999.0001 Dollars& 00 00 00 EA I Cents per Each 30"Casing by Other Than Open Cut,Complete in Place for 3305.1105** the Sum of Dollars& 33 05 22 L.F. 128 Cents per Linear Foot 24"Water Carrier Pipe.Complete in Place for the Sum of: 3305.2007 * Dollars& 33 05 24 L.F. 128 Cents per Linear Foot Ductile Iron Water Fittings w/Restraint,Complete in Place 3311.0001 for the Sum of: Dollars& 33 11 11 TON 0.2 Cents per TON 2"Irrigation,Complete in Place for the Sum of 3312.2203 Dollars& 33 12 10 EA I Cents per Each Valve relocation,Complete in Place for the Sum of: 9999.0002 Dollars& 000000 LS I Cents Lump Sum Trench Safety,Complete in Place for the Sum of: 3305.0109 Dollars& 3305 10 L.F. 128 Cents per Linear Foot Connect to Existing 4"-12"water main,Complete in Place for 3312.0117 the Sum of: Dollars& 33 1225 LS I Cents Lump Sum Pump Station Delivered,installed,and calibrated as noted in 9999.0003 construction plans,Complete in Place for the Sum of: 00 00 00 LS 1 Dollars& Cents Lump Sum Fertigation System G2000 dual head pump or approved equal, 9999.0004 Complete in Place for the Sum of: 00 00 00 LS I Dollars& Cents Lump Sum 1000 Gallon double walled cone bottom tank,Complete in 9999.0005 Place for the Sum of Dollars& 00 00 00 EA 2 Cents per Each *BASE BID **ALTERNATE BID BASE BID SUBTOTAL-WATER A4PROVEMENTS (INCLUDE ALL BID ITEMS EXCEPT 3305.1105 AND 3305.2007) ALTERNATE BID SUBTOTAL-WATER IMPROVEMENTS (INCLUDE ALL BID ITEMS EXCEPT 3311.0661) CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS I—Resisad 20120120 00 42 43 PVPS P"bli,NP B-Bid Propcusl.sls SECTION 00 42 43 °°4243 BID PRUPUSAI. PROPOSAL FORM-PECAN VALLEY PUMP STATION N,242 UNIT PRICE BID Bidders Application Paving Improvements Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Unit of Measure Bid Quantity Unit Price Bid Value Section No. 2"Surface Mill,Complete in Place for the Sum of: 0241.1506 Dollars& 024115 S.Y. 763 Cents per Square Yard 2"Type HMAC Overlay,Complete in Place for the Sum of 3212.0201 Dollars& 31 1000 S.Y. 763 Cents per Square Yard Bollard,Complete in Place for the Sum of 9999.0006 Dollars& 00 00 00 EA 2 Cents per Each SUBTOTAL-PAVING IMPROVEMENTS Miscellaneous Items Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Section No. Unit of Measure Bid Quantity Unit Price Bid Value 4"Electric Conduit PVC Sch 40,Complete in Place for the 2605.3031 Sum of Dollars& 33 31 20 L.F. 260 Cents per Linear Foot 12"-18"Tree Removal,Complete in Place for the Sum of: 3110.0103 Dollars& 31 1000 EA 2 Cents per Each Tree Protection,Complete in Place for the Sum of: 9999.0007 Dollars& 00 00 00 EA 7 Cents per Each Pump Station Building as noted in plans with foundation slab, 9999.0008 Complete in Place for the Sum of: 00 00 00 LS I Dollars& Cents Lump Sum Erosion Control,Complete in Place for the Sum of: 3125.0101 Dollars& 31 25 00 LS I Cents Lump Sum SUBTOTAL-MISCELLANEOUS ITEMS TOTAL BASE BID TOTAL ALTERNATE BID CRY OF FORT WORM STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS U, Re i,cd 20120120 004243 PUPS Public-Pon B-Bid Pr�el.�le 0011 13-1 INVITATION TO BIDDERS Page I of 2 1 SECTION 00 11 13 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of 02262 Pecan Valley Pump Station will be received by the City 6 of Fort Worth Purchasing Office: 7 8 City of Fort Worth 9 Purchasing Division 10 1000 Throckmorton Street 11 Fort Worth,Texas 76102 12 until 1:30 P.M. CST,Thursday,October 29, 2015, and bids will be opened publicly and read 13 aloud at 2:00 PM CST in the Council Chambers. 14 15 GENERAL DESCRIPTION OF WORK 16 The major work will consist of the(approximate)following: Installation ofpump station and 17 pump building, 85 IF of water line boring, dry well installation, 760 SY of asphalt mill and 18 overlay, and demolition of existing pump building and equipment 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 25 DOCUMENT EXAMINATION AND PROCUREMENTS 26 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 27 of Fort Worth's Purchasing Division website at http://www.fortworth og v.orgipurchasin /and 28 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 29 Contract Documents may be downloaded,viewed, and printed by interested contractors and/or 30 suppliers. 31 32 PREBID CONFERENCE 33 A prebid conference may be held as described in Section 00 21 13 -INSTRUCTIONS TO 34 BIDDERS at the following location, date, and time: 35 DATE: October 13,2015 36 TIME: 11:00 a.m. 37 PLACE: Pecan Valley Golf Course 38 6400 Pecan Valley Drive 39 Fort Worth,Texas 76126 40 LOCATION: Clubhouse 41 42 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 43 City reserves the right to waive irregularities and to accept or reject bids. 44 45 46 INQUIRIES 47 All inquiries relative to this procurement should be addressed to the following: 48 Attn: Scott Penn, City of Fort Worth 49 Email: scott.penn@fortworthtexas.gov CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised July 1,2011 00 11 13-2 INVITATION TO BIDDERS Page 2 of 2 1 Phone: 817.392.5750 2 AND/OR 3 Attn: James Yu,Pape-Dawson Engineers 4 Email: jyu@gape-dawson.com 5 Phone: 214-420-8494 6 7 ADVERTISEMENT DATES 8 October 1,2015 9 October 8,2015 10 11 END OF SECTION CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised July 1,2011 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 21 13 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://proiectpoint.buzzsaw.com/fortworthgov/Resources/02%20- 42 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 43 %20Contractor%2OPrequalification%2OProgram/PREQUALIFICATION%20REQ 44 UIREMENTS%20FOR%20PAVING%2000NTRACTORS.PDF?public 45 46 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised April 27,2015 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 https:Hprojectpoint.buzzsaw.com/fortworthgov/Resources/02"/020- 2 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPavin� 3 %20Contractor%2OPrequalification%2OPropram/PREQUALIFICATION%20REQ 4 UIREMENTS%20FOR%2OPA VING%2000NTRACTORS.PDF?public 5 6 3.1.3. Water and Sanitary Sewer—Requirements document located at; 7 https:Hprojeetpoint.buzzsaw.com/fortworthgov/Resources/02%20- 8 %20Construction%2ODocuments/Contractor%2OPrequalification/Water%20and%2 9 OSanitary%2OSewer%2OContractor%2OPrequalification%2OProgram/WSS%20pre 10 qual%20requirements.doc?public 11 12 13 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 14 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 15 45 11,BIDDERS PREQUALIFICATIONS. 16 17 3.2.1. Submission of and/or questions related to prequalification should be addressed to 18 the City contact as provided in Paragraph 6.1. 19 20 21 3.3.The City reserves the right to require any pre-qualified contractor who is the apparent low 22 bidder(s)for a project to submit such additional information as the City,in its sole 23 discretion may require, including but not limited to manpower and equipment records, 24 information about key personnel to be assigned to the project, and construction schedule, 25 to assist the City in evaluating and assessing the ability of the apparent low bidder(s)to 26 deliver a quality product and successfully complete projects for the amount bid within 27 the stipulated time frame.Based upon the City's assessment of the submitted 28 information,a recommendation regarding the award of a contract will be made to the 29 City Council. Failure to submit the additional information,if requested,may be grounds 30 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 31 notified in writing of a recommendation to the City Council. 32 33 3.4.In addition to prequalification, additional requirements for qualification may be required 34 within various sections of the Contract Documents. 35 36 3.5.Special qualifications required for this project include the following: 37 38 Pump Station 39 40 4. Examination of Bidding and Contract Documents, Other Related Data,and Site 41 42 4.1.Before submitting a Bid,each Bidder shall: 43 44 4.1.1. Examine and carefully study the Contract Documents and other related data 45 identified in the Bidding Documents(including"technical data" referred to in 46 Paragraph 4.2.below).No information given by City or any representative of the 47 City other than that contained in the Contract Documents and officially 48 promulgated addenda thereto,shall be binding upon the City. 49 CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised April 27,2015 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 2 site conditions that may affect cost, progress, performance or furnishing of the 3 Work. 4 5 4.1.3. Consider federal,state and local Laws and Regulations that may affect cost, 6 progress,performance or furnishing of the Work. 7 8 4.1.4. Study all: (i)reports of explorations and tests of subsurface conditions at or 9 contiguous to the Site and all drawings of physical conditions relating to existing 10 surface or subsurface structures at the Site(except Underground Facilities)that 11 have been identified in the Contract Documents as containing reliable"technical 12 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 13 at the Site that have been identified in the Contract Documents as containing 14 reliable"technical data." 15 16 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 17 the information which the City will furnish.All additional information and data 18 which the City will supply after promulgation of the formal Contract Documents 19 shall be issued in the form of written addenda and shall become part of the Contract 20 Documents just as though such addenda were actually written into the original 21 Contract Documents.No information given by the City other than that contained in 22 the Contract Documents and officially promulgated addenda thereto, shall be 23 binding upon the City. 24 25 4.1.6. Perform independent research, investigations,tests, borings, and such other means 26 as may be necessary to gain a complete knowledge of the conditions which will be 27 encountered during the construction of the project. On request, City may provide 28 each Bidder access to the site to conduct such examinations,investigations, 29 explorations,tests and studies as each Bidder deems necessary for submission of a 30 Bid. Bidder must fill all holes and clean up and restore the site to its former 31 conditions upon completion of such explorations, investigations,tests and studies. 32 33 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the 34 cost of doing the Work,time required for its completion, and obtain all information 35 required to make a proposal.Bidders shall rely exclusively and solely upon their 36 own estimates, investigation,research,tests,explorations,and other data which are 37 necessary for full and complete information upon which the proposal is to be based. 38 It is understood that the submission of a proposal is prima-facie evidence that the 39 Bidder has made the investigation, examinations and tests herein required. Claims 40 for additional compensation due to variations between conditions actually 41 encountered in construction and as indicated in the Contract Documents will not be 42 allowed. 43 44 4.1.8. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 45 between the Contract Documents and such other related documents.The Contractor 46 shall not take advantage of any gross error or omission in the Contract Documents, 47 and the City shall be permitted to make such corrections or interpretations as may 48 be deemed necessary for fulfillment of the intent of the Contract Documents. 49 50 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of: 51 CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised April 27,2015 0021 13-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 1 4.2.1. those reports of explorations and tests of subsurface conditions at or contiguous to 2 the site which have been utilized by City in preparation of the Contract Documents. 3 The logs of Soil Borings,if any,on the plans are for general information only. 4 Neither the City nor the Engineer guarantee that the data shown is representative of 5 conditions which actually exist. 6 7 4.2.2. those drawings of physical conditions in or relating to existing surface and 8 subsurface structures(except Underground Facilities)which are at or contiguous to 9 the site that have been utilized by City in preparation of the Contract Documents. 10 11 4.2.3. copies of such reports and drawings will be made available by City to any Bidder 12 on request. Those reports and drawings may not be part of the Contract 13 Documents, but the "technical data" contained therein upon which Bidder is entitled 14 to rely as provided in Paragraph 4.02. of the General Conditions has been identified 15 and established in Paragraph SC 4.02 of the Supplementary Conditions. Bidder is 16 responsible for any interpretation or conclusion drawn from any"technical data" or 17 any other data,interpretations,opinions or information. 18 19 4.3.The submission of a Bid will constitute an incontrovertible representation by Bidder(i) 20 that Bidder has complied with every requirement of this Paragraph 4,(ii)that without 21 exception the Bid is premised upon performing and furnishing the Work required by the 22 Contract Documents and applying the specific means,methods,techniques,sequences or 23 procedures of construction(if any)that may be shown or indicated or expressly required 24 by the Contract Documents, (iii)that Bidder has given City written notice of all 25 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 26 written resolutions thereof by City are acceptable to Bidder,and when said conflicts, 27 etc.,have not been resolved through the interpretations by City as described in 28 Paragraph 6., and(iv)that the Contract Documents are generally sufficient to indicate 29 and convey understanding of all terms and conditions for performing and furnishing the 30 Work. 31 32 4.4.The provisions of this Paragraph 4,inclusive, do not apply to Asbestos,Polychlorinated 33 biphenyls(PCBs),Petroleum,Hazardous Waste or Radioactive Material covered by 34 Paragraph 4.06. of the General Conditions,unless specifically identified in the Contract 35 Documents. 36 37 5. Availability of Lands for Work,Etc. 38 39 5.1.The lands upon which the Work is to be performed,rights-of-way and easements for 40 access thereto and other lands designated for use by Contractor in performing the Work 41 are identified in the Contract Documents. All additional lands and access thereto 42 required for temporary construction facilities,construction equipment or storage of 43 materials and equipment to be incorporated in the Work are to be obtained and paid for 44 by Contractor. Easements for permanent structures or permanent changes in existing 45 facilities are to be obtained and paid for by City unless otherwise provided in the 46 Contract Documents. 47 CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised April 27,2015 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 2 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 3 of-way,easements, and/or permits are not obtained,the City reserves the right to cancel 4 the award of contract at any time before the Bidder begins any construction work on the 5 project. 6 7 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 8 way, easements, and/or permits,and shall submit a schedule to the City of how 9 construction will proceed in the other areas of the project that do not require permits 10 and/or easements. 11 12 6. Interpretations and Addenda 13 14 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 15 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 16 received after this day may not be responded to.Interpretations or clarifications 17 considered necessary by City in response to such questions will be issued by Addenda 18 delivered to all parties recorded by City as having received the Bidding Documents. 19 Only questions answered by formal written Addenda will be binding. Oral and other 20 interpretations or clarifications will be without legal effect. 21 22 Address questions to: 23 24 City of Fort Worth 25 1000 Throckmorton Street 26 Fort Worth,TX 76102 27 Attn: Scott Penn,City of Fort Worth 28 Email: scott.penn@fortworthtexas.gov 29 Phone: 817.392.5750 30 31 32 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 33 City. 34 35 6.3.Addenda or clarifications may be posted via Buzzsaw at 36 https://projectpoint.buzzsaw.com/client/fortworthgov/PACS/02262% 37 20-%20Pecan%20Valley%20Golf%20Course%20Pump%20Station 38 39 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 40 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 41 Project. Bidders are encouraged to attend and participate in the conference. City will 42 transmit to all prospective Bidders of record such Addenda as City considers necessary 43 in response to questions arising at the conference. Oral statements may not be relied 44 upon and will not be binding or legally effective. 45 46 7. Bid Security 47 48 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 49 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 50 the requirements of Paragraphs 5.01 of the General Conditions. 51 CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised April 27,2015 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 2 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 3 Agreement within 10 days after the Notice of Award,City may consider Bidder to be in 4 default,rescind the Notice of Award,and the Bid Bond of that Bidder will be forfeited. 5 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 6 other Bidders whom City believes to have a reasonable chance of receiving the award 7 will be retained by City until final contract execution. 8 9 8. Contract Times 10 The number of days within which,or the dates by which,Milestones are to be achieved in 11 accordance with the General Requirements and the Work is to be completed and ready for 12 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 13 attached Bid Form. 14 15 9. Liquidated Damages 16 Provisions for liquidated damages are set forth in the Agreement. 17 18 10. Substitute and "Or-Equal" Items 19 The Contract, if awarded,will be on the basis of materials and equipment described in the 20 Bidding Documents without consideration of possible substitute or"or-equal" items. 21 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or"or- 22 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 23 City,application for such acceptance will not be considered by City until after the Effective 24 Date of the Agreement. The procedure for submission of any such application by Contractor 25 and consideration by City is set forth in Paragraphs 6.05A., 6.05B. and 6.05C. of the General 26 Conditions and is supplemented in Section 0125 00 of the General Requirements. 27 28 11. Subcontractors,Suppliers and Others 29 30 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 31 12-2011 (as amended),the City has goals for the participation of minority business 32 and/or small business enterprises in City contracts.A copy of the Ordinance can be 33 obtained from the Office of the City Secretary.The Bidder shall submit the MBE and 34 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 35 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 36 Venture Form as appropriate.The Forms including documentation must be received 37 by the City no later than 2:00 P.M. CST,on the second business days after the bid 38 opening date.The Bidder shall obtain a receipt from the City as evidence the 39 documentation was received.Failure to comply shall render the bid as non- 40 responsive. 41 42 11.2. No Contractor shall be required to employ any Subcontractor, Supplier,other person 43 or organization against whom Contractor has reasonable objection. 44 45 12. Bid Form 46 47 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 48 obtained from the City. 49 CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised April 27,2015 0021 13-7 INSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 4 price item listed therein. In the case of optional alternatives,the words "No Bid," 5 "No Change," or"Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals,for which the Bidder proposes to do the 7 work contemplated or furnish materials required.All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals,the price in written words shall govern. 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner,whose title must appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint venturer in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda,the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37—Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form,provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to City Manager of the City, and shall be enclosed in an opaque sealed envelope, 46 marked with the City Project Number,Project title,the name and address of Bidder, and 47 accompanied by the Bid security and other required documents. If the Bid is sent through the 48 mail or other delivery system,the sealed envelope shall be enclosed in a separate envelope 49 with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised April 27,2015 0021 13-8 INSTRUCTIONS TO BIDDERS Page 8 of 9 1 14. Modification and Withdrawal of Bids 2 3 14.1. Bids addressed to the City Manager and filed with the Purchasing Office cannot be 4 withdrawn prior to the time set for bid opening. A request for withdrawal must be 5 made in writing by an appropriate document duly executed in the manner that a Bid 6 must be executed and delivered to the place where Bids are to be submitted at any 7 time prior to the opening of Bids.After all Bids not requested for withdrawal are 8 opened and publicly read aloud,the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City,be returned unopened. 10 11 14.2. Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates(if any)will be made available 17 to Bidders after the opening of Bids. 18 19 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion,release any Bid and nullify the Bid security prior to that date. 23 24 17. Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming,nonresponsive,unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder,whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price,contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated sum of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in favor of the words. 38 39 17.1.1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders,Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in arrears on any existing contract or has defaulted on a previous 43 contract,Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised April 27,2015 0021 13-9 INSTRUCTIONS TO BIDDERS Page 9 of 9 1 17.2. City may consider the qualifications and experience of Subcontractors, Suppliers, and 2 other persons and organizations proposed for those portions of the Work as to which 3 the identity of Subcontractors, Suppliers, and other persons and organizations must 4 be submitted as provided in the Contract Documents or upon the request of the City. 5 City also may consider the operating costs,maintenance requirements,performance 6 data and guarantees of major items of materials and equipment proposed for 7 incorporation in the Work when such data is required to be submitted prior to the 8 Notice of Award. 9 10 17.3. City may conduct such investigations as City deems necessary to assist in the 11 evaluation of any Bid and to establish the responsibility,qualifications,and financial 12 ability of Bidders,proposed Subcontractors, Suppliers and other persons and 13 organizations to perform and furnish the Work in accordance with the Contract 14 Documents to City's satisfaction within the prescribed time. 15 16 17.4. Contractor shall perform with his own organization,work of a value not less than 17 35%of the value embraced on the Contract,unless otherwise approved by the City. 18 19 17.5. If the Contract is to be awarded,it will be awarded to lowest responsible and 20 responsive Bidder whose evaluation by City indicates that the award will be in the 21 best interests of the City. 22 23 17.6. Pursuant to Texas Government Code Chapter 2252.001,the City will not award 24 contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than 25 the lowest bid submitted by a responsible Texas Bidder by the same amount that a 26 Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a 27 comparable contract in the state in which the nonresident's principal place of 28 business is located. 29 30 17.7. A contract is not awarded until formal City Council authorization.If the Contract is 31 to be awarded, City will award the Contract within 90 days after the day of the Bid 32 opening unless extended in writing. No other act of City or others will constitute 33 acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by 34 the City. 35 36 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 37 38 18. Signing of Agreement 39 When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the 40 required number of unsigned counterparts of the Agreement. Within 14 days thereafter 41 Contractor shall sign and deliver the required number of counterparts of the Agreement to 42 City with the required Bonds, Certificates of Insurance,and all other required documentation. 43 City shall thereafter deliver one fully signed counterpart to Contractor. 44 45 46 47 END OF SECTION CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised April 27,2015 0035 13 BID FORM Page 1 of 1 SECTION 00 35 13 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent(hereinafter also referred to as"you")to a City of Fort Worth (also referred to as"City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may also be downloaded from the website links provided below. http://www.ethics.state.tx.us/forms/CIQ.pdf http://www.ethics.state.tx.us/forms/CIS.odf ❑ CIQ Form is on file with City Secretary 171 CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: Dake Construction By: R. Scott Le 2200 Smith Barry Road Signature: Suite 150 Pantego, TX 76013 Title: a President END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Proposal Workbook 9-30-15 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code, Date Received by a vendor who has a business relationship as defined by Section 176.001(1-a)with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. jj Name of vendor who has a business relationship with local governmental entity. R. Scott Lewis 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) 3 Name of local government officer about whom the information in this section is being disclosed. NONE Name of Officer This section (item 3 including subparts A, B, C, & D) must be completed for each officer with whom the vendor has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIO as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the vendor? Yes FX I No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes FX I No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more? F] Yes FX I No D. Describe each employment or business and family relationship with the local government officer named in this section. NONE 4 Moe 10/29/2015 Signature of VII,'ng business with the governmental entity Date Adopted 8/7/2015 0041 00 BID 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: PECAN VALLEY PUMP STATION City Project No.: 2262 Units/Sections: PACS TPW 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association,organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering,giving, receiving,or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels,or(c)to deprive City of the benefits of free and open competition. c. 'collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. d. 'coercive practice"means harming or threatening to harm,directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Proposal Workbook 9-30-15 00 41 00 BID FORM Page 2 of 3 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. PUMP STATION INSTALLATION b. WATER LINE BORING c. ASPHALT MILL AND OVERLAY d. DEMOLITION OF EXISTING PUMP STATION EQUIPMENT 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 90 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. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Proposal Workbook 9-30-15 0041 00 BID FORM Page 3 of 3 6.3. Evaluation of Alternate Bid Items<use this if applicable, otherwise delete> Total Base Bid<use this if applicable, otherwise delete> $0.0 Alternate Bid<use this if applicable,otherwise delete> . 0 Deductive Alternate<use this if applicable,otherwise delete> $ . 0 Additive Alternate<use this if applicable, otherwise delete> $ .0 Total Bid 00 7. Bid Submittal This Bid is submitted on 10/29/2015 by the entity named below. Respectfully submitted, Receipt is acknowledged of Initial the following Addenda: By: Addendum No. 1: nature) Addendum No.2: 10 /�?! Addendum No.3: R. Scott Lewis Addendum No.4: (Printed Name) Title: Vice President Company: Dake Construction Corporate Seal: Address: 2200 Smith Barry Road Suite 150 Pantego,TX 76013 State of Incorporation: Texas Email: slewisCcildakeconstruction.net Phone: (817)303-7111 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Proposal Workbook 9-30-15 SECTION 00 42 43 °°42 43 oro exoeosnL PROPOSAL FORM-PECAN VALLEY PUMP STATION P"p 1 of5 UNIT PRICE BID Bidders Application Water Improvements Project Item Information Bidder's Proposal Bidlist Item No. Desefl tion Specification Unit of pleasure Did P Section No. Quantity Unit Price Bid Value 3312.2203 2"PVC Water Pipe,Complete in Place for the Sum of 33 1210 L.F. 25 Ninety-Two Dollars&Zero Cents per Linear Foot $92.00 $2,300.00 24"PVC C905 Water Pipe,Complete in Place for the Sum of 3311.0661* Two Hundred Sixty-Five Dollars&Zero Cents per Linear 33 11 12 L.F. 128 Foot $265.00 $33,920.00 9999.0001 Intake Box,Complete in Place for the Sum of.Eight 00 00 00 EA I Thousand Six Hundred Dollars&Zero Cents per Each $8,600.00 $8,600.00 30"Casing by Other Than Open Cut,Complete in Place for 3305.1105** the Sum of Dollars& 33 05 22 L.F. 128 Cents per Linear Foot N/A N/A 24"Water Carrier Pipe.Complete in Place for the Sum of 3305.2007** Dollars& 33 05 24 L.F. 128 Cents per Linear Foot N/A N/A Ductile Iron Water Fittings w/Restraint,Complete in Place 3311.0001 for the Sum of Seven Thousand Seven Hundred Dollars& 33 11 11 TON 0.2 Zero Cents per TON $7,700.00 $1,540.00 2" Irrigation,Complete in Place for the Sum of One 3312.2203 33 12 10 EA I Thousand Eight Hundred Dollars&Zero Cents per Each $1,800.00 $1,800.00 9999.0002 Valve relocation,Complete in Place for the Sum of:One 00 00 00 LS I Thousand Eight Hundred Dollars&Zero Cents Lump Sum $1,800.00 $1,800.00 3305.0109 Trench Safety,Complete in Place for the Sum of.Fifty-Seven 3305 10 L.F. 128 Dollars&Zero Cents per Linear Foot $57.00 $7,296.00 Connect to Existing 4"-12"water main,Complete in Place for 3312.0117 the Sum of Eight Thousand Two Hundred Dollars&Zero 33 1225 LS I Cents Lump Sum $8,200.00 $8,200.00 Pump Station Delivered,installed,and calibrated as noted in construction plans,Complete in Place for the Sum of.Two 9999.0003 Hundred Eighty-Four Thousand Dollars&Zero Cents Lump 000000 LS I Sum $284,000.00 $284,000.00 Fertigation System G2000 dual head pump or approved equal, 9999.0004 Complete in Place for the Sum of:Eighteen Thousand Five 00 00 00 LS I Hundred Dollars&Zero Cents Lump Sum $18,500.00 $18,500.00 1000 Gallon double walled cone bottom tank,Complete in 9999.0005 Place for the Sum of.Three Thousand One Hundred Dollars 00 00 00 EA 2 &Zero Cents per Each $3,100.00 $6,200.00 *BASE BID **ALTERNATE BID BASE BID SUBTOTAL-WATER IMPROVEMENTS (INCLUDE ALL BID ITEMS EXCEPT 3305.1105 AND 3305.2007) $374,156.00 ALTERNATE BID SUBTOTAL-WATER IMPROVEMENTS N/A (INCLUDE ALL BID ITEMS EXCEPT 3311.0661) CITY OF FORT WORTH STANDARD CONSTRUC BON SPECIFICATION DOCUMENTS Form Reri"A 20120120 Copy of00 42 43 PVPS Bid Prp..1 rev Add-d-1 SECTION 00 42 43 004243 BID PROPOSAL PROPOSAL FORM-PECAN VALLEY PUMP STATION Pap2"f5 UNIT PRICE BID Bidders Application Paving Improvements Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Unit of measure Bid P Section No. Quantity Unit Price Bid Value 0241.1506 2"Surface Mill,Complete in Place for the Sum of..Twenty02 41 15 S.Y. 763 Dollars&Zero Cents per Square Yard $20.00 $15,260.00 3212.0201 2"Type HMAC Overlay,Complete in Place for the Sum of. 31 1000 S.Y. 763 Twenty Dollars&Zero Cents per Square Yard $20.00 $15,260.00 9999.0006 Bullard,Complete in Place for the Sum of.One Thousand 000000 EA 2 Dollars&Zero Cents per Each $1,000.00 $2,000.00 SUBTOTAL-PAVING IMPROVEMENTS $32,520.00 Miscellaneous Items Project Item Information Bidder's Proposal Bidlist Item No. Description Specification Unit of 111easare Bid Section No. Quantity Unit Price Bid Value 2605.3031 4"Electric Conduit PVC Sch 40,Complete in Place for the 33 31 20 L.F. 260 Sum of Thirty-Five Dollars&Zero Cents per Linear Foot $35.00 $9,100.00 3110.0103 12"-18"Tree Removal,Complete in Place for the Sum of 31 10 00 EA 2 Five Thousand Six Hundred Dollars&Zero Cents per Each $5,600.00 $11,200.00 Tree Protection,Complete in Place for the Sum of.Two 9999.0007 Hundred Dollars&Zero Cents per Each 00 00 00 EA 7 $200.00 $1,400.00 Pump Station Building as noted in plans with foundation slab �� 6CJ 9999.0008 Complete in Place for the Sum of E/ 00 00 00 LS 1 Dollars&Zero Cents Lump Sum r^ -" Erosion Control,Complete in Place for the Sum of Five �j 3125.0101 31 2500 LS 1 Thousand Three Hundred Dollars&Zero Cents Lump Sum $5,300.00 $5,300.00 SUBTOTAL-MISCELLANEOUS ITEMS TOTAL BASE BID TOTAL ALTERNATE BID N/A CITY OF FORT WORTtt STANDARD CONSTRUCTION SPECIFICATION DOCUNIEN S Fonn Resiled 20120120 Copy of 00 42 43 PVPS Bid Proposal rev AddendI THE AMERICAN INSTITUTE OF ARCHITECTS $a AIA Document A310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Steve Dake Construction, Inc. dba Dake Construction, 2200 Smith Barry Road, Suite 150, Pantego, TX 76013 as Principal, hereinafter called the Principal, and SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Texas, 78759 (Here insert full name and address or legal title of Surety) a corporation duly organized under the laws of the State of TX as Surety, hereinafter called the Surety, are held and firmly bound unto CITY OF FORT WORTH PURCHASING DIVISION (Here insert full name and address or legal title of Owner) as Obligee, hereinafter called the Obligee, in the sum of *** FIVE PERCENT OF BID AMOUNT*** Dollars ( 5% ) for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Here insert full name,address and description of project) 02262 PECAN VALLEY PUMP STATION NOW, THEREFORE, if the Obligee, shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee, in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee, the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee, may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. Signed and sealed this 29th day of October, 2015 Steve Dake Constpuctionjac. dba Dake Constructici4 (Princip (Sea!) (Witness) V . ?re6 ,dmf- dmf- (Title) S Tec surance Com pan Odraty) (seaq (Witness) Julie S I (Title) Attorney-in-Fact AIA DOCUMENT A310-BID BOND-AIA®-FEBRUARY 1970 ED-THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 Printed on Recycled Paper 9/93 POA#: 4221151 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Steven E. Burleson,Staid Gross,Julie Smith its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name,place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and.duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances, contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 206 of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. SURETEC INSURANCE COMPANY ...1 .2, By. ti v John 4dox Jr: resident �'•w 5 ;Iz= State of Texas ss: ,r z€ County of Harris �s On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. 2p�,arru JACQUELYN MALDONADO Notary Public /l state of Texas I FOF My comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Board of Directors,set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this qth day of - 2015 ,A.D. Bre t Beaty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications.The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank,our principal place of business, are required to be %Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of :State Here or Blank',our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. BIDDER: Dake Construction By: R.Scott i 2200 Smith Barry Road Suite 150 nature) Pantego,TX 76013 Tit . Vicesident Date:�NI I I END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 Bid Proposal Workbook 9-30-15 CONTRACTOR'S RESOLUTION ON AUTHORIZED REPRESENTATIVE R. Scott Lewis Name or Names I hereby certify that it was RESOLVED by a quorum of the directors of the Steve Dake Construction Inc. dba Dake Construction ,meeting Name of Corporation on the 1'day of June,2010,that R. Scott Lewis be,and hereby is, authorized to act on behalf of Steve Dake Construction Inc. dba Dake Construction ,as its Name of Corporation Vice President, in all business transactions,and; That all above resolution was unanimously ratified by the Board of Directors at said meeting and that the resolution has not been rescinded or amended and is now in full forces and effect; and; In authentication of the adoption of this resolution,I subscribe my name and affix the seal of the corporation this 1st day of June,2010. Secretary (seal) 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 prequaliffcation 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 31st day of March 14 in order to bid on these projects.In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization, Certificate of Formation,LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts.To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet.This number 33 is used by the City for required reporting on Federal Aid projects. The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalifrcation.These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements.Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised July 1,2011 0045 11-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting firm should state in the audit report or review whether 8 the contractor is an individual, corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not,in fact,independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards generally accepted in the United 16 States of America.This must be stated in the accounting firm's opinion. 17 It should:(1)express an unqualified opinion,or(2)express a qualified 18 opinion on the statements taken as a whole. 19 (7) The City reserves the right to require a new statement at any time. 20 (8) The financial statement must be prepared as of the last day of any month, 21 not more than one year old and must be on file with the City 16 months 22 thereafter, in accordance with Paragraph 1. 23 (9) The City will determine a contractor's bidding capacity for the purposes 24 of awarding contracts. Bidding capacity is determined by multiplying the 25 positive net working capital (working capital =current assets—current 26 liabilities)by a factor of 10. Only those statements reflecting a positive 27 net working capital position will be considered satisfactory for 28 prequalification purposes. 29 (10) In the case that a bidding date falls within the time a new financial 30 statement is being prepared,the previous statement shall be updated with 31 proper verification. 32 b. Bidder Prequalification Application. A Bidder Prequalification Application must be 33 submitted along with audited or reviewed financial statements by firms wishing to be 34 eligible to bid on all classes of construction and maintenance projects.Incomplete 35 Applications will be rejected. 36 (1) In those schedules where there is nothing to report,the notation of 37 "None"or"N/A"should be inserted. 38 (2) A minimum of five(5)references of related work must be provided. 39 (3) Submission of an equipment schedule which indicates equipment under 40 the control of the Contractor and which is related to the type of work for 41 which the Contactor is seeking prequalification. The schedule must 42 include the manufacturer,model and general common description of 43 each piece of equipment.Abbreviations or means of describing 44 equipment other than provided above will not be accepted. 45 46 3. Eligibility to Bid 47 a. The City shall be the sole judge as to a contractor's prequalification. 48 b. The City may reject, suspend,or modify any prequalification for failure by the 49 contractor to demonstrate acceptable financial ability or performance. 50 c. The City will issue a letter as to the status of the prequalification approval. CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised July 1,2011 0045 11-3 BIDDERS PREQUALIFICATIONS Page 3 of 3 1 d. If a contractor has a valid prequalification letter,the contractor will be eligible to bid 2 the prequalified work types until the expiration date stated in the letter. 3 4 5 6 7 8 END OF SECTION 9 CITY OF FORT WORTH Pecan Dalley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised July 1,2011 00 45 12 BID FORM Page 1 of 1 SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date PUMP STATION Dake Construction 4/30/2016 INSTALLATION WATER LINE BORING N/A N/A ASPHALT MILL AND Reynolds Asphalt& Construction Company 6/1/2017 OVERLAY DEMOLITION OF EXISTING PUMP STATION Dake Construction 4/30/2016 EQUIPMENT The undersigned hereby certifies that the contractors and/or subcontractors described in the table above are currently prequalified for the work types listed. BIDDER: Dake Construction By: R. Scott Le 2200 Smith Barry Road Suite 150 Sig re) Pantego, TX 76013 Title: Vice President Date: END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Bid Proposal Workbook 9-30-15 FORTWORTH SECTION 00 45 13 BIDDER PREQUALIFICATION APPLICATION Date of Balance Sheet Mark only one: Individual Limited Partnership General Partnership Name under which you wish to qualify Corporation Limited Liability Company Post Office Box City State Zip Code Street Address(required) City State Zip Code Telephone Fax Email Texas Taxpayer Identification No. Federal Employers Identification No. DUNS No. (if applicable) MAIL THIS QUESTIONAIRE ALONG WITH FINANCIAL STATEMENTS TO: CITY OF FORT WORTH TEXAS 1000 THROCKMORTON STREET FORT WORTH,TEXAS 76102-6311 AND MARK THE ENVELOPE: "BIDDER PREQUALIFICATION APPLICATION" 004513-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) Has fewer than 100 employees and/or Has less than$6,000,000.00 in annual gross receipts OR Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches, and 350 LF or less Tunneling-36-Inches—60—inches, and greater than 350 LF Tunneling—66"and greater, 350 LF and greater Tunneling—66"and greater,350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution, Urban and Renewal, 8-inch diameter and smaller Water Distribution,Development, 12-inch diameter and smaller Water Distribution, Urban and Renewal, 12-inch diameter and smaller Water Transmission,Development,24-inches and smaller Water Transmission, Urban/Renewal,24-inches and smaller Water Transmission,Development,42-inches and smaller Water Transmission, Urban/Renewal,42-inches and smaller Water Transmission,Development,All Sizes Water Transmission,Urban/Renewal,All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV,24-inches and smaller CCTV,42-inches and smaller CCTV,48-inches and smaller CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised December 20,2012 004513-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES,CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP,24-inches and smaller Sewer CIPP,42-inches and smaller Sewer CIPP,All Sizes Sewer Collection System,Development, 8-inches and smaller Sewer Collection System,Urban/Renewal, 8-inches and smaller Sewer Collection System,Development, 12-inches and smaller Sewer Collection System,Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development,24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development,42-inches and smaller Sewer Interceptors, Urban/Renewal,42-inches and smaller Sewer Interceptors, Development,48-inches and smaller Sewer Interceptors, Urban/Renewal,48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement,All Sizes Sewer Cleaning,24-inches and smaller Sewer Cleaning,42-inches and smaller Sewer Cleaning,All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction(15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance(UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construction/Reconstruction(LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction(15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised December 20,2012 0045 ]3-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b)As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so,where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so,state the name of the individual,other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised December 20,2012 004513-5 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 same household with a City employee,please list the name of the City employee and the relationship. In addition,list any City employee who is the spouse,child, or parent of an owner, officer, stockholder,or director who does not live in the same household but who receives care and assistance from that person as a direct result of a documented medical condition.This includes foster children or those related by adoption or marriage. CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised December 20,2012 004513-6 BIDDER PREQUALIFICATION APPLICATION Page 6 of 8 CORPORATION BLOCK PARTNERSHIP BLOCK If a corporation: If a partnership: Date of Incorporation State of Organization Charter/File No. Date of organization President Is partnership general, limited,or registered limited liability partnership? Vice Presidents File No. (if Limited Partnership) General Partners/Officers Secretary Limited Partners(if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers(with titles, if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised.Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes,partnership agreement,power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised December 20,2012 004513-7 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 Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised December 20,2012 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 party with any information,while this statement is in force,necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an officer,director, or stockholder or relative thereof. CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised December 20,2012 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 Pursuant to Texas Labor Code Section 406.096(a),as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project No. 02262. Contractor further certifies that,pursuant to Texas Labor Code, Section 6 406.096(b),as amended, it will provide to City its subcontractor's certificates of compliance with 7 worker's compensation coverage. 8 9 CONTRACTOR: 10 11 Dake Construction By: R Scott Lewis 12 Company (Plea r' 13 14 2200 Smith Barry Road, Suite 150 Signature: 15 Address 16 17 Pantego,TX 76013 Title: Vic resident 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME,the undersigned authority, on this day personally appeared 26 R Scott Lewis ,known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of Vice President for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 31 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 4th day of 32 February ,2016. 33 34 35 •oar I RALDA GUTIERREZ 36 ?�°�i�! ublic,State of Texas otary Public in and or the State o Texas 37 `"immission Expires ne 17, 2017 38 END OF SECTION 39 CITY OF FORT WORTH Pecan Valley Pump STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Station 02262 Revised July 1,2011 00 45 40-1 MINORITY AND WOMEN BUSINESS ENTERPRISE GOAL Page I of 1 l 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 8% 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 T 34 Offeror shah de11z tit MB documezltation xn petson kc�tkt aprs-pxtt` eatI� �e c� tIuattaat[ 35 Aepartt ent,axed ihYattl a datelttme xecetp_Y. Such receipt ha1lJ e evidence t1 a the C ty r --a-4ed tie 36 cloeunentafzolnxn time allocated A: axed.co will not beacceecl 1. Subcontractor Utilization Form,if goal received by 2:00 p.m., on the second City business days after is met or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 2:00 p.m., on the second City business days after Utilization Form,if participation is less the bid opening date,exclusive of the bid opening date. than statedgoal: 3. Good Faith Effort and Subcontractor received by 2:00 p.m., on the second 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 received by 2:00 p.m., on the second City business days after will perform all subcontracting/supplier the bid opening date,exclusive of the bid opening date. work: 5. Joint Venture Form,if utilizing a joint received by 2:00 p.m., on the second City business days after venture to meet or exceed goal. I the bid opening date,exclusive of the bid opening date. 37 END OF SECTION CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS 02262 Revised April 17,2015 005243-1 Agreement Page 1 of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on January 26, 2016 is made by and between the City of 4 Forth Worth, a Texas home rule municipality, acting by and through its duly authorized City 5 Manager, ("City"), and Steve Dake Construction, Inc. d/b/a Dake Construction authorized to do 6 business in Texas, acting by and through its duly authorized representative, ("Contractor"). 7 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 8 follows: 9 Article 1. WORK 10 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 11 Project identified herein. 12 Article 2.PROJECT 13 The project for which the Work under the Contract Documents may be the whole or only a part is 14 generally described as follows: 15 Pecan Valley Pump Station 16 City Proiect Number 02262 17 Article 3. CONTRACT TIME 18 3.1 Time is of the essence. 19 All time limits for Milestones, if any, and Final Acceptance as stated in the Contract 20 Documents are of the essence to this Contract. 21 3.2 Final Acceptance. 22 The Work will be complete for Final Acceptance within 90 days after the date when the 23 Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 24 3.3 Liquidated damages 25 Contractor recognizes that time is of the essence of this Agreement and that City will 26 suffer financial loss if the Work is not completed within the times specified in Paragraph 27 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 28 General Conditions. The Contractor also recognizes the delays, expense and difficulties 29 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 30 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 31 agrees that as liquidated damages for delay (but not as a penalty), Contractor shall pay 32 City five hundred dollars ($500.00) for each day that expires after the time specified in 33 Paragraph 3.2 for Final Acceptance until the City issues the Final Letter of Acceptance. CITY OF FORT WORTH Pecan Dalley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02262 Revised August 17,2012 005243-2 Agreement Page 2 of 4 34 Article 4. CONTRACT PRICE 35 City agrees to pay Contractor for performance of the Work in accordance with the Contract 36 Documents an amount in current funds of Five Hundred and Fifteen Thousand,Nine Hundred 37 Seventy-Six and 00/100 Dollars($515,976.00). 38 Article 5. CONTRACT DOCUMENTS 39 5.1 CONTENTS: 40 A. The Contract Documents which comprise the entire agreement between City and 41 Contractor concerning the Work consist of the following: 42 1. This Agreement. 43 2. Attachments to this Agreement: 44 a. Bid Form 45 1) Proposal Form 46 2) Vendor Compliance to State Law Non-Resident Bidder 47 3) Prequalification Statement 48 4) State and Federal documents (project specific) 49 b. Current Prevailing Wage Rate Table 50 c. Insurance ACORD Form(s) 51 d. Payment Bond 52 e. Performance Bond 53 f. Maintenance Bond 54 g. Power of Attorney for the Bonds 55 h. Worker's Compensation Affidavit 56 i. MBE and/or SBE Commitment Form 57 3. General Conditions. 58 4. Supplementary Conditions. 59 5. Specifications specifically made a part of the Contract Documents by attachment 60 or, if not attached, as incorporated by reference and described in the Table of 61 Contents of the Project's Contract Documents. 62 6. Drawings. 63 7. Addenda. 64 8. Documentation submitted by Contractor prior to Notice of Award. 65 9. The following which may be delivered or issued after the Effective Date of the 66 Agreement and, if issued, become an incorporated part of the Contract Documents: 67 a. Notice to Proceed. 68 b. Field Orders. 69 c. Change Orders. 70 d. Letter of Final Acceptance. 71 72 CITY OF FORT WORTH Pecan Vallee Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02262 Revised August 17,2012 005243-3 Agreement Page 3 of 4 73 Article 6.INDEMNIFICATION 74 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 75 expense, the city, its officers, servants and employees, from and against any and all 76 claims arising out of, or alleged to arise out of,the work and services to be performed 77 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 78 under this contract. This indemnification provision is specifically intended to operate 79 and be effective even if it is alleged or proven that all or some of the damages bein>� 80 sought were caused,in whole or in part, by any act, omission or negligence of the city. 81 This indemnity provision is intended to include, without limitation, indemnity for 82 costs,expenses and legal fees incurred by the city in defending against such claims and 83 causes of actions. 84 85 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 86 the city,its officers,servants and employees,from and against any and all loss,damage 87 or destruction of property of the city,arising out of,or alleged to arise out of,the work 88 and services to be performed by the contractor, its officers, agents, employees, 89 subcontractors, licensees or invitees under this contract. This indemnification 90 provision is specifically intended to operate and be effective even if it is alleued or 91 proven that all or some of the damages being sought were caused, in whole or in part, 92 by any act,omission or neeliaence of the city. 93 94 Article 7. MISCELLANEOUS 95 7.1 Terms. 96 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 97 have the meanings indicated in the General Conditions. 98 7.2 Assignment of Contract. 99 This Agreement, including all of the Contract Documents may not be assigned by the 100 Contractor without the advanced express written consent of the City. 101 7.3 Successors and Assigns. 102 City and Contractor each binds itself, its partners, successors, assigns and legal 103 representatives to the other party hereto, in respect to all covenants, agreements and 104 obligations contained in the Contract Documents, 105 7.4 Severability. 106 Any provision or part of the Contract Documents held to be unconstitutional, void or 107 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 108 remaining provisions shall continue to be valid and binding upon CITY and 109 CONTRACTOR. 110 7.5 Governing Law and Venue. 111 This Agreement, including all of the Contract Documents is performable in the State of 112 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 113 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02262 Revised August 17,2012 005243-4 Agreement Page 4 of 4 114 7.6 Other Provisions. 115 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 116 classified, promulgated and set out by the City, a copy of which is attached hereto and 117 made a part hereof the same as if it were copied verbatim herein. 118 7.7 Authority to Sign. 119 Contractor shall attach evidence of authority to sign Agreement, if other than duly 120 authorized signatory of the Contractor. 121 122 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 123 counterparts. 124 125 This Agreement is effective as of the last date signed by the Parties(`Effective Date"). 126 Contractor: City 'F'ort Worth Dake Const uct' B ' Susan Alanis By: Assistant City Manager Date R Scott Lewis 4Attest: (Printed Name) S City Se retaiy (Seal) ' Title: Vice President f®R Address: 2200 Smith Barry Road Suite 150 M&C 216 to V Date: I . 26-t6 $ °pooa°ueo0 City/State/Zip: Pante o,TX 76013 prove s to Form and Legal 4XAS Y i Date Douglas W. Black �� 12 S # 2 'L� Assistant City Attorney D�6 • l 1 127 128 129 APPROVAL RECOMMENDED: 130 131 132 133 Ric and Zavala 134 DIRECTOR, 135 Parks and Cotnnmunity Services Department 136 OFFICIAL RECORD CITY SECRETARY CITY OF FORT WORTH PeM, pt+iX STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 41262 Revised August 17,2012 - 006113-1 PERFORMANCE BOND Page I of 2 1 SECTION 00 6113 Bond #4404957 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § 1QiOW ALL BY TI[+SE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,Steve Dake Construction,Inc. d/b/a Dake Construction known as"Principal" 8 herein and SureTec Insurance Company , a corporate surety(sureties, if 9 more than one)duly authorized to do business in the State of Texas,known as"Surety"herein 10 (whether one or more),are held and firmly bound unto the City of Fort Worth,a municipal 11 corporation created pursuant to the laws of Texas,known as"City"herein, in the penal sum of, 12 FIVE HUNDRED AND FIFTEEN THO USAND NINE HIRV RED AND SE VENTY-SIX 13 AND 00/100 Dollars ($515,976.00), lawtal money of the United States,to be paid in Fort Worth, 14 TwTant County,Texas for the payment of which sum well and truly to be made,we bind I5 ourselves, our heirs, executors, administrators,successors and assigns,jointly and severally, 16 firmly these presents. 17 WHEREAS,the Principal has entered into a certain written contract with the City 18 awarded the 26th day of January,2016,which Contract is hereby referred to and made a part 19 hereof for all purposes as if fully set forth herein,to fiunish all materials, equipment labor and 20 other accessories defined by law, in the prosecution of the Work,including any Change Orders, 21 as provided for in said Contract designated as Pecan Valley Puma Station, City Proiect Number 22 02262 23 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 24 shall faithfully perform it obligations under the Contract and shall in all respects duly and 25 faithfully perforin the Work,including Change Orders,under the Contract,according to the plans, 26 specifications,and contract documents therein referred to,and as well during any period of 27 extension of the Contract that may be granted on the part of the City,then this obligation shall be 28 and become null and void,otherwise to remain in frill force and effect. 29 PROVIDED FURYHER,R,that if any legal action be filed on this Bond,venue shall lie in 30 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 31 Worth Division. 32 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 33 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 34 accordance with the provisions of said statue. 35 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 36 this instrutxnent by duly authorized agents and officers on this 26th day of January,2016, CITY OF FORT WORTH Pecan Palley Purnp Statir�n STANDARD CONSTRUCTION SPECIFICATION DOCUIy1ENTS City Project Pl im r(12262 Revised July I,2011 006113-2 PERFORMANCE BOND Page 2 of 2 1 PRINCIPAL: 2 Steve Dake Construction, Inc.dba 3 Uake Gonstruction 4 5 BY: 6Sign - e '7 ATTEST: 8 � 9 t= 1 -� �• �� ,UJL �yj '� �YQS� � 10 (Principal)Secretary Name and Title 11 12 Address: 2200 Smith Barry Road, Suite 150 13 Pantego, TX 76013 14 —y`- 15 16 Witness as to Principal 17 18 SURE Insurance Company 19 20 21 BY: ' 22 5i at< 23 24 Julie Smith, tt rney-in-Fact _ 25 Name and Title 26 27 Address: 28 --IJ731 UreatHills 1rai, ui e 29 Austin, TX 78759 30 � - 31 Witness.as to Surety Telephone Number: (512) 732-0099 32 33 34 35 *Note: If signed by an off cer of the Surety Company, there must be otl file a certified extract 36 from the by-laws showing that this person has authority to sign such obligation, If 37 Surety's physical address is different from its mailing address, both must be provided. 38 The date of the bond shall not be prior to the date the Contract is awarded. 39 CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPE0FICATION DOC MENTS Revised July 1,2011 City Project Number 02262 006114-i PAYMBNr BOND Page 1 of 2 1 SECTION 00 61 14 Bond #4404957 2 PAYNMNT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Stene Dake Construction,Inc. r1/b/a Dake Construction known as"Principal" 8 herein, and SureTec Insurance Company _, a corporate 9 surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein 10 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 11 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal stun of FIVE HUNDRED AAD FIFTEEN THOUSAND A1I.NE HUNDRED AND 13 SEVENTY SMAND 00/100 Dollars (551�,976.UU), lawful money of the United States, to be 14 paid in Dort Worth, Tarrant County, Texas,for the payment of which sum well and truly be made, 15 we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and 16 severally, firmly by these presents: 17 WnEREAS,Principal has entered into a certain written Contract with City, awarded the 18 26th dui of Januarv,2016,which Contract is hereby referred to and made a part hereof for all 19purposes as if fully set forth herein,to fiunish all materials,equipment, labor and other 20 accessories as defined by law, in the prosecution of the Work as provided for in said Contract and 21 designated as Pecan Valley Pump Station, G"it}?Protect Number 02262 22 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended)in the prosecution of the Work under 26 the Contract, then this obligation shall be and become mill and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2243 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 CITY OF FORT WORTH Pecan galley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOC[AENT3 Revised July 1,201I City Project Number 02262 006114-2 PAYMENT BOND Page 2 of 2 1 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 26th day of January,2016. 3 PRTNCIPAL: Steve Dake Construction, Inc. dba Dake Construction ATTEST: B X: Signa (Principal) Secretary Name and Title Address: Smith arty oa , uo a 150 Pantego, TX 76013 Witness as to Principal Sr : T Sure I ec Insurance Company ATTEST: BY: Sign hu Julie Smith, Attorney-in-Fact (Surety)Secretary Name and Title Address: 9737 Great Hills Trail, Suite 320 Austin, TX 78759 �itness as to tirery 4 Telephone Number: (512)732-0099 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address,both must be provided, 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 CITY OF FORT WORTH Pecan ValleyPivnp Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02263 Revised July 1,2011 006119-1 MA]NTENANCE BOND Page] of 3 1 SECTION 00 6119 Bond #4404957 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we Steve Dake Construction,Inc. d/h/a Dake Constructions known as".Principal" 9 herein and SureTec Insurance Company , a corporate surety(sureties, if 10 more than one)duly authorized to do business hi the State of Texas,known as"Surety"herein 11 (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal 12 corporation created pursuant to the laws of the State of Texas, known as"City"herein,in the sum 13 of FIVE HUNDRED AND FIFTEEN THOUSAND,NINE HUNDRED AND SEVENTY-SIX 14 AND 00/100 Dollars($515,976.00),lawful money of the United States,to be paid in Port 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 will) the City awarded the 20 26th day of January,2016, which Contract is hereby referred to and a made part hereof for all 21 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 22 as defined by Iaw,in the prosecution of the Work,including any Work resulting from a duly 23 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 24 designated as Pecan Valley Pump Station, City Proiect Number 02262•and 25 26 WHEREAS,Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans,specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of tivo (2)years 29 after the date of Final Acceptance of the Work by the City("Maintenance Period"); and 30 31 WHEREAS,Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02262 Revised July 1,2011 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void; otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond;and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Port 13 Worth Division; and 14 15 PROVIDED FURTHER,that this obligation shall be continuous in nature and 16 successive recoveries may be had hereon for successive breaches. 17 18 19 CITY OF FORT WORTH Pecan Valley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCIJIv1ENTS Revised July 1,2011 City Project Number 0362 006119-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS VVIMI REOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 26th day of January,2016. 4 PRINCIPAL. 5 Steve Dake Constructi n c. dba 6 Dake Constr io 7 8 BY: 9 Sig e 10 ATTEST: 12 < leu' f I SCJ Ul 1 rCsJ�UV IV 13 rincipal)Secretary Name and Title 14 15 Address: 16 D 17 e 3 18 At"�, L-4-1 I/ , 19 Witness as to Principal 20 SURETY: 21 SureTec Insurancw Company 22 23 24 BY: 25 Si n tum 26 27 Julie Smith, tto ne -in-Fact_ 28 ATTEST: Name an Title 29 30 Address: 31 (Surety)Secretary 9131 GreatIl s ral, ui e 320 32 Austin, TX 7875 33 @ � 34 Witness as to SurOv Sure, Telephone Number: (512) 732-0099 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from, the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different 6-om its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 41 42 43 44 45 46 47 48 49 50 CITY OF PORT WORTH Pecan Malley Pump Station STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project Number 02262 Revised July 1,2011 POA#: 4221151 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make,constitute and appoint Steven E.Burleson,Staci Gross,Julie Smith its true and lawful Attorney-in-fact,with full power and authority hereby conferred in its name, place and stead,to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for: Five Million and 00/100 Dollars($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and.duly attested by its Secretary,hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment shall continue in force until 12/31/2017 and is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attomey(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company,to execute, acknowledge and deliver,any and all bonds,recognizances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile,and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 20`h of April, 1999) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 21st day of March,A.D.2013. r� Y�lYwl„ SURETEC INSURANCE COMPANY +5\yRANck Xqo... f-I By. o n ox 7resident State of Texas ss: �4., d 5:rY J b County of Harris ��.YIIY21tll OIN�'p On this 21st day of March,A.D.2013 before me personally came John Knox Jr.,to me known,who,being by me duly sworn,did depose and say,that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument;that he knows the seal of said Company;that the seal affixed to said instrument is such corporate seal;that it was so affixed by order of the Board of Directors of said Company;and that he signed his name thereto by like order. 2oa+Pue� JACOUELYN MALDONADO Notary Public State of Texas My Comm.Exp.5/18/2017 Jacq elyn Maldonado,Notary Public My commission expires May 18,2017 I,M.Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Company,which is still in full force and effect; and furthermore,the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 26th day of January 2016 , A.D. M.Bre tBeaty,Assistant ecretary Any instrument issued in excess of the penalty stated above is totally void and without any validity. For verification of the authority of this power you may call(713)812-0800 any business day between 8:00 am and 5:00 pm CST. SureTec Insurance Company THIS BOND RIDER CONTAINS IMPORTANT COVERAGE INFORMATION Statutory Complaint Notice To obtain information or make a complaint: You may call the Surety's toll free telephone number for information or to make a complaint at: 1-866-732-0099.You may also write to the Surety at: SureTec Insurance Company 9737 Great Hills Trail, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain information on companies,coverage,rights or complaints at 1-800-252- 3439.You may write the Texas Department of Insurance at PO Box 149104 Austin,TX 78714-9104 Fax#: 512-475-1771 Web: http://NvNvw.tdi.state.tx.us Email: 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 the Surety first. If the dispute is not resolved,you may contact the Texas Department of Insurance. ------------------------------------------------------------------------------------------------------------------------------ Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage for, and the surety shall not be liable for, losses caused by acts of terrorism, riot, civil insurrection, or acts of war. ------------------------------------------------------------------------------------------------------------------ Exclusion of Liability for Mold, Mycotoxins, Fungi & Environmental Hazards The Bond to which this Rider is attached does not provide coverage for, and the surety thereon shall not be liable for, molds, living or dead fungi, bacteria, allergens, histamines, spores, hyphae, or mycotoxins, or their related products or parts, nor for any environmental hazards, bio-hazards, hazardous materials, environmental spills, contamination, or cleanup, nor the remediation thereof, nor the consequences to persons,property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof. ------------------------------------------------------------------------------------------------------------------------------ Texas Rider 010106 1