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Contract 47858
CITY SECRETIN( CONTUCT W. FORTWORTH CITY SECRETARYY D.O.E. FILE PROJECT MANUA-1ONTRACTOR'S BONDING CO. FOR THE CONSTRUCTIONDWSTRUCTION'S COPY CLIENT DEPARTMENT WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-B, PART 3 (SCHIEFFER AVENUE, E. DEVITT STREET, COLVIN AVENUE, MULKEY STREET, CANTEY STREET, AND GROVE STREET) City Project No. 02436 DOE No. 7435 Betsy Price David Cooke Mayor City Manager John Robert Carman Director, Water Department Douglas W. Wiersig, P.E. Director, Transportation and Public Works Department Prepared for The City of Fort Worth Water Department July 2015 M NNN��.NN��NNNN� DANEL AARON TREMPER DUNAWA�/ - 's�3ss DUNAWAY ASSOCIATES,L.P. F l� 550 Bailey Avenue,Suite 400 •• 1- E Ft.Worth,TX 76107 Office: 817-335-1121/Fax: 817-429-1370 www.dunaway-assoc.com DALP#B001386.001 OFFICIAL RECORD CITY SECRETARY FT.WORTHY TX FORT WORTH. City of Fort Worth Table of Contents Adopted September 2011 000000-2 TABLE OF CONTENTS Page 2 of 5 SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 0011 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonrecirlent 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 00 61 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01 -General Requirements 01 11 00 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 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 5526 Street Use Permit and Modifications to Traffic Control 01 57 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 6000 Product Requirements 01 6600 Product Storage and Handling Requirements 01 7000 Mobilization and Remobilization 01 7123 Construction Staking and Survey 01 7423 Cleaning 01 77 19 Closeout Requirements 01 7823 Operation and Maintenance Data 01 7839 Project Record Documents CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 22,2013 City Project No.02436 000000-3 TABLE OF CONTENTS Page 3 of 5 Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://proj ecipoint.buzzsaw.com/client/fortworthizov/Resources/02%20- %20Construction%20Documents/Specifications Division 02-Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03- Concrete 03 30 00 Cast-In-Place Concrete 0334 13 Controlled Low Strength Material(CLSM) 0334 16 Concrete Base Material for Trench Repair 03 8000 Modifications to Existing Concrete Structures Division 31 -Earthwork 31 1000 Site Clearing 3123 16 n lassifed Exeavatien 3i 23 23 Berrew 3424 00 Embankments 31 25 00 Erosion and Sediment Control 313600 Gabion S 3i 37 00 Ripfap Division 32 -Exterior Improvements 3201 17 Permanent Asphalt Paving Repair 3201 18 Temporary Asphalt Paving Repair 32 01 29 Concrete Paving Repair 32 1123 Flexible Base Courses 32 t t 29 Lime Treat ase Wises 32 1133 Cement Treated Base Courses 32 12 16 Asphalt Paving 32 1273 n s..ha ft Paving Crack Sealant-s 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 32 14 16 B fiek Unit Paving 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 i7 25 Curb Addfess Paifati*g 323i i3 Chain Fenees and Gates 32 31 26 Wife Fertc- tes 32 31: 29 d Fenees and Ga4es 3232 .3 Cast in r Cener-ete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding, and Sodding 32 93 43 Trees and Shrubs CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 22,2013 City Project No.02436 000000-4 TABLE OF CONTENTS Page 4 of 5 Division 33-Utilities 33 01 30 Sewer and Manhole Testing 33 0131 Closed Circuit Television(CCTV)Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 'f-r0 joint Bending}ai��Eleetri}c-^ralIsolation 33 04 11 Corrosion cruor est Station-s 33 04 12 Magnesium Anede Gathadie Pr-eteetion System 33 04 30 Temporary Water Services 33 0440 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 33 05 10 Utility Trench Excavation,Embedment, and Backfill 3305 12 Water Line Lowering 33 05 13 Frame, Cover and Grade Rings 3305 14 Adjusting Manholes, Inlets,Valve Boxes, and Other Structures to Grade 33 05 i6 Concrete Wafer Vaults 33 05 17 Concrete Collars 33 0520 Auger 33 05 21 Tunnel Line-Plate 33 05-22 Steel Casing Pipe 33 0523 Hand Tunnelin 3335 24 i stall tion fC D' C Tunnel T Plate r ur�ranircromorcarrrci r-cPc-sir-cirSiiz��oi-z-uirirr;rz-�iirci r-xii�o 33 05-26 Utility Mafke f 74�eGRter- s 33 0530 Location of Existing Utilities 33 11 0.5 Bolts, Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 33 11 14 Bur-ied steel Pipe and Fittings 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Large Water-Metems 33 1220 Resilient Seated Gate Valve 33-1221 A WW A Rubberubbef Sea4ed Bti+teffly Valves 33 1225 Connection to Existing Water Mains 33 1230 Combination Air Valve Assemblies for Potable Water Systems 33 1240 Fire Hydrants 33 i2 50 Water-Sample Stations 33 1260 Standard Blow-off Valve Assembly 33 31 12 Cured in Plaee Pipe(CIPP) 33 3i i3 Fiber-glass Reinfereed Pipe fer-Gr-avit�, Sanitany, Sewers 33 3i i5 High Density Polyethylene (14DPE) Pipe for-Sanitafy Sewef 33 31 20 Polyvinyl Chloride (PVC)Gravity Sanitary Sewer Pipe 33 31 21 Polyvinyl Chlefide (PVC) Closed Profile Gfa-vivy Sanitary Sewer-Pipe 33 3122 Sani", Sewef Slip Lining 33 31 23 Sanitary Sewer Pipe Enlargement 33 31 50 Sanitary Sewer Service Connections and Service Line 33 3i 70 Combination Air Valve for Sanitary Sewer Foree Mains 3339 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 22,2013 City Project No.02436 000000-5 TABLE OF CONTENTS Page 5 of 5 33 3930 Fiber-glass Mafihe4es 33 vW$S;re'k'Va4er-rccvcs:rcn-cnrrvcrCT'TTG7 33 39 60 Epoxy Liners for Sanitary Sewer Structures 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33 A. .i High Density Polyethylene (14DPE)Pipe f Storm 1fai 33 4600 cc.Subdrainage Slotted n T� 33 46 001 Slotted Stefm Pfaitts 33 4602 T-renc"�s 3349 10 Cast-in-Place Manholes and Junction Boxes 33 4920 Gur-1 and Drop ln4ets, 33 49-40 Stofm Drainage Headwalls under., Division 34-Transportation 34 41 10 T-r- eSignals 34 41 11- Te np e Signals 34 4i m13 Removing Tr-affie Sipals 34 41 15 Reetangular-Rapid Flashing Beaeon 34 41 16 Pede rian Hybr-id Signal 342ORoadway 111amination TjJGIS1TCiQ j 34 4130 Alufflintim Sips 3471 13 Traffic Control Appendix GC 4.01 Availability of aP as GC-4.02 Subsurface and Physical Conditions GG 4.04 Uadefgr-oufid Faeilities GC 4.06 a z-trdaus Minh-onment-al-Condition at Site GC-6.06.D Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GC-6.09 Permits and Utilities GG 6.24 Neadisefifninatieff GR 01 60 00 Pfedtfet Requirements END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 22,2013 City Project No.02436 M&C Review Page 1 of 3 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT COUNCIL ACTION: Approved on 5/3/2016 - Ordinance No. 22197-05-2016 &22198-05-2016 DATE: 5/3/2016 REFERENCE NO.: C-27710 LOG NAME: 6015WSMBP3- CONATSER CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of a Contract with Conatser Construction TX, LP., in the Amount of $1,058,681.00 for Water and Sanitary Sewer Replacement Contract 2015 WSM-B, Part 3 and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 8 and 9) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached appropriation ordinances increasing estimated receipts and appropriations in the Water Capital Projects Fund in the amount of$931,500.00 and the Sewer Capital Projects Fund in the amount of$341,000.00 from available funds; and 2. Authorize the City Manager to execute a contract with Conatser Construction TX, LP., in the amount of$1,058,681.00 for Water and Sanitary Sewer Replacement Contract 2015 WSM-B, Part 3. DISCUSSION: On February 17, 2015 (Mayor and Council Communication (M&C) C-27191), the City Council authorized an Engineering Agreement with Dunaway and Associates, L.P., to prepare the plans and specifications for Water and Sanitary Sewer Replacement Contract 2015, WSM-B. This M&C is to authorize a construction contract for the replacement of the deteriorated water and/or sanitary sewer mains as indicated on the following streets: SCOPE OF STREET FROM TO WORK Schieffer Street Abney Street Todd Avenue Water E. Mulkey Avenue 11 IH-35W Evans Avenue Water Colvin Avenue 11 IH-35W I Evans Ave—n—u—e-11 Water Alleyway located north of Union Pacific Railroad Company Right of Way IH-35W S. Grove Street Water/Sewer E. Devitt Street 11 Evans Avenue Todd Avenue Water/Sewer E. Cantey Street 11 I1-1-35W New York AvenueI Water The project was advertised for bid on July 30, 2015 and August 6, 2015 in the Fort Worth Star- Telegram. On August 27, 2015 the following bids were received: BIDDER AMOUNT TIME OF COMPLETION Conatser Construction TX, LP $1,058,681.00 160 Calendar Days A&M Construction and Utilities, Inc. $1,196,430.10 160 Calendar Da s Ark Contracting Services, LLC $1,259,541.00 160 Calendar Days Jackson Construction, Ltd. $1,635,468.70 160 Calendar Days Atkins Brothers Equipment Co. Inc. $1,825,410.00 11 160 Calendar Da s In addition to the contract cost, $127,600.00 (water: $52,079.00; sewer: $34,140.00) is required for project management, inspection and material testing and $86,219.00 (water: $52,079.00; sewer: $34,140.00) is provided for project contingencies. http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22193&councildate=5/3/2016 5/4/2016 M&C Review Page 2 of 3 Appropriations for the Water and Sanitary Sewer Replacement Contract 2015, WSM-B Project will consist of the following: Existing Additional Future Description Appropriations A ro riations Appropriations ] Project Total* Engineering $424,132.00 $ 0.00 $ 0.00 $ 424,132.00 Construction $ 0.00 $1,058,681.00 $2,391,719.00 $3,450,400.00 Project Management, Real Property Acquisitions, Inspection, Testing and Contingencies $49,000.00 $ 213,819.00 $ 568,781.00 $ 831,600.00 Project Total $473,132.00 l $1,272,500.00 $2,960,500.00 $4,706,132.00 *Amounts rounded for presentation purposes. Appropriations for Water and Sanitary Sewer Replacement Contract 2015, WSM-B Project will consist of the following: FUND Appropriations" Water Operating Fund 59601 $3,743,066.00 Sewer Operating Fund 59607 $ 963 066.00 Project Total $4,706,132.00 *Amounts rounded for presentation purposes. Construction is anticipated to commence in May 2016. The project is estimated to be complete by the end of October 2016. This project will have no impact on the Water Department's operating budget. M/WBE OFFICE- Conatser Construction TX, L.P., is in compliance with City's BDE Ordinance by committing to eight percent MBE participation. The City's MBE goal on this project is eight percent. The project is located in COUNCIL DISTRICTS 8 and 9, Mapsco 77T and 77X. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Water Capital Projects Fund and the Sewer Capital Projects Fund. The Fiscal Year 2016 Water Operating Budget includes appropriations of$26,068,353.00 for the purpose of providing pay-as-you-go funding for capital projects. After this transfer for Fiscal Year 2016, in the amount of$931,500.00, the balance will be $10,894,770.00. The Fiscal Year 2016 Sewer Operating Budget includes appropriations of$26,300,046.00 for the purpose of providing pay-as-you go funding for capital projects. After this transfer for Fiscal Year 2016, in the amount of$341,000.00, the balance will be $19,521,660.00. Existing Additional Future Fund A ro riations A ro riations A ro riations Project Total* Water Capital Project Fund (59601) $371,866.00 $ 931,500.00 $2,439,700.00 $3,743,066.00 http://apps.cfwnet.org/council_packet/me_review.asp?ID=22193&councildate=5/3/2016 5/4/2016 M&C Review Page 3 of 3 Sewer Capital Project Fund (59607) I $101,266.00 $ 341,000.00 $ 520,800.00 11 $ 963,066.00 Project Total $473,132.00 11 $1,272,500.001 $2,960,500.00 $4,706,132.00 *Amounts rounded for presentation purposes. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 1 59601 0600430 5110101 CO2436 C01780 2016 $14,700.00 1 59601 0600430 4956001 CO2436 C017ZZ 2016 $931,500.00 1 59601 0600430 5330500 CO2436 C01784 2016 $16,800.00 1 59601 0600430 5310350 CO2436 C01784 2016 $4,000.00 1) 59601 1 0600430 5310350 CO2436 C01785 2016 $54,600.00 1) 59607 0700430 4956001 CO2436 C017ZZ 2016 $341,000.00 1 59607 0700430 5110101 CO2436 C01780 2016 $5,400.00 1 59607 0700430 5740010 CO2436 C01783 2016 $305,500.00 1 59607 0700430 5310350 CO2436 C01784 2016 $2,000.00 1 59607 0700430 5330500 CO2436 C01784 2016 $6,200.00 1 59607 0700430 5310350 CO2436 C01785 2016 $19,900.00 1 59607 0700430 5110101 CO2436 C01790 2016 $2,000.00 1 59601 0600430 5740010 CO2436 C01788 1 2016 $839,400.00 1) 59601 0600430 5110101 CO2436 C01790 1 2016 $2,000.00 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I Year Chartfield 2) 596011 0600430 5740010 1 CO2436 C01783 1 2016 $787,321.00 596071 0700430 5740010 1 CO24361 I C01783 1 2016 $271,360.00 Submitted for City Manager's Officg-!W Office-!WJay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Walter Norwood (5026) ATTACHMENTS 6015WSMBP3-CONATSER map.pdf 6015WSMBP3-CONATSER sewer AO.docx 6015WSMBP3-CONATSER water AO.docx Form 1295- 6015 Conatser.pdf http://apps.cfwnet.org/council_packet/mc review.asp?ID=22193&councildate=5/3/2016 5/4/2016 CERTIFICATE OF INTERESTED PARTIES (,--2'07P710 FORM 129 '55 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. 2016-15574 CONATSER CONSTRUCTION TX, LP FORT WORTH,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 02/18/2016 being filed. WATER&SANITARY SEWER REPLACEMENT CONTRACT#2015 WSM-B, PT 3 Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and pr ide a description of the goods or services to be provided under the contract. 02436 UNDERGROUND UTILITIES 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary GATEWOOD, OBED D. FORTWORTH, TX United States X HUGGINS, BROCK FORT WORTH, TX United States X MARTINEZ,JESUS FORT, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. °:�RYPOB° VICKI L. OLSON Notary Public, State of Texas NJ v My Commission Expires November 12, 2017 Signature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE � r L Sworn to and subscribed before me, by the said 'Q DIQ—' � ;IQ n U J[3,this the day of r 20 to certi which,witness my hand and seal of office. r �J Signature of officer administering oath Printed name of officer administering oath Title of officer adminisl4ring oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO. 1 WATER AND SANITARY SEWER REPLACEMENT CONRACT 2015 WSM-B,PART 3 CITY PROJECT No.02436 ADDENDUM RELEASE DATE:August 18,2015 BIDS RECEIVED DATE:August 27,2015 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are hereby revised and amended as follows: 1. Replace SECTION 00 42 43 Proposal Form Unit Price in its entirety with the attached revised form. The following revisions have been made to the proposal form: a) Items 1 A& 1 B are now 653 LF per item. b) Unit 1—Water: Add: ■ Item 2— 16"DIP Water Pipe by Bore(w/o casing), with Unit of Measure as LF,and Bid Quantity as twenty(20). �j Item 50—Construction Staking with Unit of Measure as LS,and Bid Quantity as one(1). �/■ Item 51—Construction Survey with Unit of Measure as LS,and Bid Quantity as one(1). c) Unit 2—Sanitary Sewer: ✓Add: ■ Item 25—Construction Staking with Unit of Measure as LS,and Bid Quantity as one(t). v`■ ftem 26—Construction Survey with Unit of Measure as LS,and Bid Quantity as one(1). Specifications: 1. Add:Specification SECTION 01 71 23—Construction Staking and Survey to the Bid Manual. Clarifications: 1. The contractor shall disregard notes in the plans referring to gas lines to be replaced by others or the gas pipeline owner. Gas pipeline replacement will be at the discretion of the pipeline owner.It is the stated intent of the gas pipeline owner to replace existing cast iron pipes prior to the construction of water and sewer lines. 2. An 8%MBE goal has been assigned to this project. The following are amendments to the Business Diversity Enterprise(BDE)Ordinance: • Contractors to submit BDE documentation in 2 days. • BDE Documentation must be received by the Purchasing Division by 2pm,on the second City business day after bid opening,exclusive of bid opening day. • If the first Offeror/Contractor does not submit the documentation as required they will be deemed non-responsive. • Project Manager will notify the second offeror in writing that they have until the second City business day by 2ptn to have docs in Purchasing Division. Addendum No.1,Page 1 of 3 Water and Sanitary Sewer Replacement Contract 2015 WSM-13,Part 3 City Project No.02436 • If second offeror is non-responsive the Project Manager will notify the third offeror in writing that they have until the second City business day by 2pm to have docs in Purchasing Division. • 2 day submittal requirement begins on Goals set on April 1"going forward. • MBEs and SBEs with a Principle Place of Business outside of the 6 County Marketplace must have a Significant Business Presence. • Updated BDE(M/WBE)Forms with 2 day submittal requirement are available on Buzzsaw and Public Folders M/WBE. w Plans and Details: 1. All Construction Plan Sheets, Modify and replace all corresponding notes as directed and described below: "Temporary Asphalt Pavement Repair per Spec 32 01 18 (2" 14MAC On 6" Flex Base)", and replace it with this note,"Temporary Asphalt Pavement Repair per Spec 32 01 18(2"HMAC On 6"Cement Treated Base)", 2. Sheet 8—Water Line Plan Colvin Avenue Sta 3+00 to Sta 6+73.72: a) Modify the Traffic Control Note on this sheet to have the new allowable working timeframe to take place between 9 am to 3 pm on school days during the week for all work within Evans Avenue. b) Add the following note to this sheet, "The contractor shall utilize equipment and methods between station 5+60 and 6+40 to minimize contact with the existing trees. Orange construction fence shall be placed along the drip lines of trees in the vicinity of the work. All tree trimming onsite shall be done by a certified arborist as needed." c) Add a short bore to be performed from Sta 6+40 to 6+60 for the 16-inch water line adjacent to the existing 24-inch Oak tree on the Morningside Elementary School property. See revised bid proposal for additional bid item for a bore without casing for this segment of 16-inch water line. 3. Sheet 32 —Standard Paving Details (I of 2), Modify and replace the note on the Temporary Asphalt Pavement Repair Detail 32 01 18-D521 as directed below: "Flex Base Material for Trench Repair per Section 32 11 23"replace note with"Cement Treated Base Material for Trench Repair per Section 32 11331". i h Please acknowledge receipt of the Addendum in the following locations: (1) In the space provided below (2) In the amended Proposal,Units I&II:Water and Sanitary Sewer Improvements (3) Indicate in upper case letters on the outside of the sealed bid envelope: L°RECEIVED&ACKNOWLEDGED ADDENDUM NO. 1" Failure to acknowledge the receipt of Addendum No. l could cause the subject bidder to be considered "NON-RESPONSIVE",resulting in disqualification. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. Addendum No.1,Page 2 of 3 Water and Sanitary Sewer Replacement Contract 2015 WSM-B,Part 3 City Project No.02436 Water Department John Robert Carman RECEIPT ACK1y0WLEDGED: Director By: / By: — / .tea e►– Tony Sholola, L'Coi miry: CO'-A1ser (Or6±!UM' LP Engineering Manager(Water Dept.) Of ti 4;r 1 It � /ro•rr0000►o+••roorrio� ;..4An� fA. Rs �', ► 98398 •r 111Q�.'%yC'E Ns"N" Addendum No.1,Page 3 of 3 Water and Sanitary Sewer Replacement Contract 2015 WSM•8,Part 3 City Project No,02436 00 11 13- 1 INVITATION TO BIDDERS Page 1 of 2 1 SECTION 00 1113 2 INVITATION TO BIDDERS 3 4 RECEIPT OF BIDS 5 Sealed bids for the construction of WATER AND SANITARY SEWER REPLACEMENT- 6 CONTRACT 2015 WSM-B, PART 3, Water Project No. P253 609170243688, Sewer Project No. 7 P258 709170243688, DOE No. 7435, City Project No. 02436 will be received by the City of Fort 8 Worth Purchasing Office: 9 10 City of Fort Worth 11 Purchasing Division 12 1000 Throckmorton Street 13 Fort Worth, Texas 76102 14 until 1:30 P.M. CST, Thursday, August 27, 2015, and bids will be opened publicly and read aloud 15 at 2:00 PM CST in the Council Chambers. 16 17 GENERAL DESCRIPTION OF WORK 18 The major work will consist of the(approximate)following: 19 Construction of 673 LF of 16-inch waterline and 5,027 LF of 8-inch waterline, along with 1,909 20 LF of 8-inch sanitary sewer line, including 201 LF of 8-inch D2241 SD-26 sanitary sewer line. 21 22 PREQUALIFICATION 23 The improvements included in this project must be performed by a contractor who is pre- 24 qualified by the City at the time of bid opening. The procedures for qualification and pre- 25 qualification are outlined in the Section 00 21 13 —INSTRUCTIONS TO BIDDERS. 26 27 DOCUMENT EXAMINATION AND PROCUREMENTS 28 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 29 of Fort Worth's Purchasing Division website at http://www.fortworth og v.org(purchasing/and 30 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site. The 31 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 32 suppliers. 33 34 Copies of the Bidding and Contract Documents may be purchased from DUNAWAY 35 ASSOCIATES, L.P., which is located at: 550 Bailey Avenue, Suite 400, Fort Worth, Texas 36 76107, Phone: (817) 335-1121: 37 38 The cost of Bidding and Contract Documents is: 39 Set of Bidding and Contract Documents with full size drawings: $80 40 Set of Bidding and Contract Documents with half size drawings: $40 41 42 A 8% MBE goal has been assigned to this project. The following are amendments to the 43 Business Diversity Enterprise(BDE) Ordinance: 44 0 Contractors to submit BDE documentation in 2 days 45 0 BDE Documentation must be received by the Purchasing Division by 2pm, on the 46 second City business day after bid opening, exclusive of bid opening day. 47 0 If the first Offeror/Contractor does not submit the documentation as required they will 48 be deemed non-responsive. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised July 1,2011 City Project No.02436 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 0 Project Manager will notify the second offeror in writing that they have until the 2 second City business day by 2pm to have docs in Purchasing Division. 3 0 If second offeror is non-responsive the Project Manager will notify the third offeror in 4 writing that they have until the second City business day by 2pm to have docs in 5 Purchasing Division. 6 a 2 day submittal requirement begins on Goals set on April 1" going forward. 7 0 MBEs and SBEs with a Principle Place of Business outside of the 6 County 8 Marketplace must have a Significant Business Presence 9 a Updated BDE(M/WBE)Forms with 2 day submittal requirement are available on 10 Buzzsaw and Public Folders M/WBE. 11 12 PREBID CONFERENCE 13 A prebid conference will be held at the following location, date, and time: 14 DATE: August 20, 2015 15 TIME: 9:30 A.M. 16 PLACE: City Hall 17 LOCATION: Water Administration Conference Room, Room No. 225 —located on 2nd floor of City Hall 18 19 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 20 City reserves the right to waive irregularities and to accept or reject bids. 21 22 INQUIRIES 23 All inquiries relative to this procurement should be addressed to the following: 24 Attn: Walter Norwood, P.E., City of Fort Worth 25 Email: Walter.norwood@fortworthtexas.gov 26 Phone: 817-392-5026 27 AND/OR 28 Attn: Daniel Tremper, P.E., Dunaway Associates, L.P. 29 Email: dtremper@dunaway-assoc.com 30 Phone: (817)335-1121 31 32 ADVERTISEMENT DATES 33 July 30, 2015 34 August 6,2015 35 36 37 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised July 1,2011 City Project No.02436 0021 13-1 INSTRUCTIONS TO BIDDERS Page I of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 7 00- GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person, firm, partnership, company, association, or corporation acting 13 directly through a duly authorized representative, submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2. Nonresident Bidder: Any person, firm,partnership, company, association, or 17 corporation acting directly through a duly authorized representative, submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided)makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified(even if inadvertently opened) shall not be considered. Prequalification 38 requirement work types and documentation are as follows: 39 40 3.1.1. Paving—Requirements document located at; 41 hops://proiecipoint.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 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 27,2012 City Project No.02436 0021 13-2 INSTRUCTIONS TO BIDDERS Page 2 of 9 1 3.1.2. Roadway and Pedestrian Lighting—Requirements document located at; 2 https:/Hprojecipoint.buzzsaw.com/fortworthgov/Resources/02%20- 3 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 4 %20Contractor%2OPrequalification%2OProg am/PREQUALIFICATION%20REO 5 UIREMENTS%20FOR%2OPAVING%2000NTRACTORS.PDF?public 6 7 3.1.3. Water and Sanitary Sewer—Requirements document located at; 8 https://projecipoint.buzzsaw.com/fortworthizov/Resources/02%20- 9 %20Construction%2ODocuments/Contractor%2OPrequalification/Water%2Oand%2 10 OSanitary%o2OSewer%2OContractor%2OPrequalification%2OProaram/W SS%20pre 11 qual%20requirements.doc?public 12 13 14 3.2.Each Bidder unless currently prequalified,must be prepared to submit to City within 15 seven(7)calendar days prior to Bid opening,the documentation identified in Section 00 16 45 11,BIDDERS PRFQUA_L?F'ICA_TIONS. 17 18 3.2.1. Submission of and/or questions related to prequalification should be addressed to 19 the City contact as provided in Paragraph 6.1. 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, GJ to assist the 'vily Ill evCiii.i.3ililb' and aJSv:..il(g i.11G CiV iiity Of the, appaieni iv✓V ViuLlGi k3) tiJ 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 4. Examination of Bidding and Contract Documents,Other Related Data,and Site 37 38 4.1.Before submitting a Bid, each Bidder shall: 39 40 4.1.1. Examine and carefully study the Contract Documents and other related data 41 identified in the Bidding Documents (including "technical data" referred to in 42 Paragraph 4.2.below).No information given by City or any representative of the 43 City other than that contained in the Contract Documents and officially 44 promulgated addenda thereto, shall be binding upon the City. 45 46 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 47 site conditions that may affect cost, progress,performance or furnishing of the 48 Work. 49 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 27,2012 City Project No.02436 0021 13-3 INSTRUCTIONS TO BIDDERS Page 3 of 9 1 4.1.3. Consider federal, state and local Laws and Regulations that may affect cost, 2 progress,performance or furnishing of the Work. 3 4 4.1.4. Not used. 5 6 4.1.5. Study all: (i)reports of explorations and tests of subsurface conditions at or 7 contiguous to the Site and all drawings of physical conditions relating to existing 8 surface or subsurface structures at the Site(except Underground Facilities)that 9 have been identified in the Contract Documents as containing reliable "technical 10 data" and(ii)reports and drawings of Hazardous Environmental Conditions, if any, 11 at the Site that have been identified in the Contract Documents as containing 12 reliable "technical data." 13 14 4.1.6. Be advised that the Contract Documents on file with the City shall constitute all of 15 the information which the City will furnish.All additional information and data 16 which the City will supply after promulgation of the formal Contract Documents 17 shall be issued in the form of written addenda and shall become part of the Contract 18 Documents just as though such addenda were actually written into the original 19 Contract Documents.No information given by the City other than that contained in 20 the Contract Documents and officially promulgated addenda thereto, shall be 21 binding upon the City. 22 23 4.1.7. Perform independent research, investigations,tests, borings, and such other means 24 as may be necessary to gain a complete knowledge of the conditions which will be 25 encountered during the construction of the project. On request,City may provide 26 each Bidder access to the site to conduct such examinations,investigations, 27 explorations,tests and studies as each Bidder deems necessary for submission of a 28 Bid. Bidder must fill all holes and clean up and restore the site to its former 29 conditions upon completion of such explorations, investigations,tests and studies. 30 31 4.1.8. Determine the difficulties of the Work and all attending circumstances affecting the 32 cost of doing the Work,time required for its completion, and obtain all information 33 required to make a proposal. Bidders shall rely exclusively and solely upon their 34 own estimates, investigation,research,tests,explorations, and other data which are 35 necessary for full and complete information upon which the proposal is to be based. 36 It is understood that the submission of a proposal is prima-facie evidence that the 37 Bidder has made the investigation, examinations and tests herein required. Claims 38 for additional compensation due to variations between conditions actually 39 encountered in construction and as indicated in the Contract Documents will not be 40 allowed. 41 42 4.1.9. Promptly notify City of all conflicts,errors, ambiguities or discrepancies in or 43 between the Contract Documents and such other related documents. The Contractor 44 shall not take advantage of any gross error or omission in the Contract Documents, 45 and the City shall be permitted to make such corrections or interpretations as may 46 be deemed necessary for fulfillment of the intent of the Contract Documents. 47 f4948 4.2. Reference is made to Section 00 73 00—Supplementary Conditions for identification of- 49 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 27,2012 City Project No.02436 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 elle 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 48 5.2.Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 49 in Paragraph SC 4.01 of the Supplementary Conditions. In the event the necessary right- 50 of-way, easements, and/or permits are not obtained,the City reserves the right to cancel CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 27,2012 City Project No.02436 0021 13-5 INSTRUCTIONS TO BIDDERS Page 5 of 9 1 the award of contract at any time before the Bidder begins any construction work on the 2 project. 3 4 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 5 way, easements, and/or permits, and shall submit a schedule to the City of how 6 construction will proceed in the other areas of the project that do not require permits 7 and/or easements. 8 9 6. Interpretations and Addenda 10 11 6.1.All questions about the meaning or intent of the Bidding Documents are to be directed to 12 City in writing on or before 2 p.m.,the Monday prior to the Bid opening. Questions 13 received after this day may not be responded to. Interpretations or clarifications 14 considered necessary by City in response to such questions will be issued by Addenda 15 delivered to all parties recorded by City as having received the Bidding Documents. 16 Only questions answered by formal written Addenda will be binding. Oral and other 17 interpretations or clarifications will be without legal effect. 18 19 Address questions to: 20 21 City of Fort Worth 22 311 W. 10`h Street 23 Fort Worth, TX 76102 24 Attn: Walter Norwood 25 Email: walter.norwood@fortworthtexas.gov 26 Phone: 817-392-5026 27 28 6.2.Addenda may also be issued to modify the Bidding Documents as deemed advisable by 29 City. 30 31 6.3.Addenda or clarifications may be posted via Buzzsaw at 32 hgps://projecipoint.buzzsaw.com/client/fortworthizov. 33 34 6.4.A prebid conference may be held at the time and place indicated in the Advertisement or 35 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 36 Project. Bidders are encouraged to attend and participate in the conference. City will 37 transmit to all prospective Bidders of record such Addenda as City considers necessary 38 in response to questions arising at the conference. Oral statements may not be relied 39 upon and will not be binding or legally effective. 40 41 7. Bid Security 42 43 7.1.Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 44 (5)percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 45 the requirements of Paragraphs 5.01 of the General Conditions. 46 47 7.2.The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 48 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 49 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 50 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 51 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 27,2012 City Project No.02436 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 other Bidders whom City believes to have a reasonable chance of receiving the award 2 will be retained by City until final contract execution. 3 4 8. Contract Times 5 The number of days within which,or the dates by which,Milestones are to be achieved in 6 accordance with the General Requirements and the Work is to be completed and ready for 7 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 8 attached Bid Form. 9 10 9. Liquidated Damages 11 Provisions for liquidated damages are set forth in the Agreement. 12 13 10. Substitute and "Or-Equal" Items 14 The Contract, if awarded,will be on the basis of materials and equipment described in the 15 Bidding Documents without consideration of possible substitute or"or-equal" items. 16 Whenever it is indicated or specified in the Bidding Documents that a"substitute" or "or- 17 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 18 City, application for such acceptance will not be considered by City until after the Effective 19 Date of the Agreement. The procedure for submission of any such application by Contractor 20 and consideration by City is set forth in Paragraphs 6.05A.,6.05B. and 6.05C. of the General 21 Conditions and is supplemented in Section 0125 00 of the General Requirements. 22 23 11. Subcontractors,Suppliers and Others 24 25 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No.20020- 26 12-2011 (as amended),the City has goals for the participation of minority business 27 and/or small business enterprises in City contracts.A copy of the Ordinance can be 28 obtained from the Office of the City Secretary. The Bidder shall submit the MBE and 29 SBE Utilization Form, Subcontractor/Supplier Utilization Form,Prime Contractor 30 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 31 Venture Form as appropriate.The Forms including documentation must be received 32 by the City no later than 5:00 P.M. CST,five(5)City business days after the bid 33 opening date. The Bidder shall obtain a receipt from the City as evidence the 34 documentation was received.Failure to comply shall render the bid as non- 35 responsive. 36 37 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 38 or organization against whom Contractor has reasonable objection. 39 40 12. Bid Form 41 42 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 43 obtained from the City. 44 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 27,2012 City Project No.02436 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 27,2012 City Project No.02436 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 27,2012 City Project No.02436 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 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised November 27,2012 City Project No.02436 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page I of I 1 SECTION 00 3513 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 bttp://www-etliics,state.tx.us/fonns/C.IQ.pd 12 13 hap://www.ethics4tatc.tx,ustfora�/CIS.udf 14 15 d CIQ Form is on file with City Secretary 16 17 Q CIQ Form is being provided to the City Secretary 18 19 CIS Form is on File with City Secretary 20 21 Q CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 p()(' Ir „ l c �lITLP By: U erge0QrL4Se r- 29 Company JPlea Print) 29 30 p,Q, 90T 15 Lf L4O G Signature.- 31 ignature:31 Address oe 32 .'`1 33 / i w a,4,y, Title: � S 1 n 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised March 27,2012 City Project No.02436 00 41 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: WATER AND SANITARY SEWER REPLACEMENT City Project No.: 02436 CONTRACT 2015 WSM-B, PART 3 Units/Sections: Unit I -Water-Part 3 Unit II -Sanitary Sewer-Part 3 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization,or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt,fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice"means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice"means an intentional misrepresentation of facts made(a)to influence the bidding process to the detriment of City(b)to establish Bid prices at artificial non-competitive levels, or(c)to deprive City of the benefits of free and open competition. C. "collusive practice"means a scheme or arrangement between two or more Bidders,with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non-competitive levels. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Form Revised 20120327 City Project Number 02436 00 41 00 BID FORM Page 2 of 3 d. "coercive practice"means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. Waterline Construction b. Sanitary Sewer Line Construction c. Temporary and Permanent Pavement Repair Construction 4. Time of Completion 4.1. The Work will be complete for Final Acceptance within 160 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, CIO 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 laid 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. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Form Revised 20120327 City Project Number 02436 0041 00 BID FORM Page 3 of 3 6.2 It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 7. Bid Submittal This Bid is submitted on August 27, 2015 by the entity named below. Respectfully sub mi d, Receipt is acknowledged of thel I following Addenda: Initial By: follow No. 1:./ at (Signure) Addendum No. 2: Addendum No. 3: Jerry Conatser JAddendum No. 4: (Printed Name) Title: President Company: Conatser Construction TX, LP Corporate Seal: Address: PO Box 15448 Fort Worth, Texas 76119 State of Incorporation: Texas Email: jerry conatser_com Phone: 817-534-1743 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Water and Sanitary Sewer Replacement Form Revised 20120327 Contract 2015 WSM-B,Part 3 City Project Number 02436 00 42 43 BID FORM page t at 2 SECTION 00 42 43 PROPOSALFORM Addendum No. I UNIT PRICE BID Bidder's Application Pmject Item Information Bidders Proposal Bidiist Item Unit of Bid No Deseriptian Specification Section No Unit Price Bid Value Measure Quantity UNITI-WATI-R :::A 6"PVC C905 Water Pipe 13 I f 10,13 i 112 1T 643 $6500 $ 42,445.00 i•B 116°__Water Pipe 13 I t 10.13 I i[2 LF 65g S d. I6"D�Water Pipe by Bore(vrlo casing) 34 1 f I U,73 1)i 2 LF 2u $10000 S 3.00000 1 IIT°Water Pipe 33!110,33!3 t3 i.F f2 E}0(0 $ 600.OD I 8`Water Pipa 11 t 6 IEY,11 11 I2 LF 44'14 54000 S E 4150.09 3 ,Water Pipe,CLSM Backfill 13 I 1 l0,. LF 61 550 00 S 1,05o.o0 6 8-DIP Water Pipe 33{i lit LF 12 $70.00 5 $4000 7 8`D P Water,CLSM Backfdl 13 11 10 LF $ 581 OW S 69100, S 6"Wale'Pipe 13 If 10,33 11 12 LP 47 $15.00 S 1.643,00 t I(mruvc 6"Water Valve 02 41 14 EA 1.1 5100.00 E 1:400.00 [0 Rena: 8"water Valve 024t 14 EA 9 £:00.00 S 1.800.00 DO:, Satuagc Fire Hydrant 024111 EA 4 5300.00 S 120000 12 SAvage 16"Water Valve 02 41 14 FA i S1 111x3.00 S 1,000.00 13 SiVPPP-i acre 31 25+00 LS I £51x30 S 30X1.00 F4 4'Wide Asphail Pvmt Repair,Residenliaf 320117 LF 6t�1 T-tg,e`a3 S 1t-8720n 13 5'Wide Asphalt Pvmt Repair,Residential 3201 17 1T555.00 $ _1,320.00 16 S`Wide Asphalt Pvmt Repair,Residential 1201 17 1.F 1.1 565 00 S 3 000 17 .tsx-d rdt Pratt Renoir Beyond Defined Width,Residentia€ 32 01 t 7 SY 137 54000 S 13-.120.W 38 AsnhAlt K-1 Ren—tfi`ae t,%e,K.c 120!17LF 2rtir S35Ori S 7,U00,00 f9 Temrs"v AsPI h Pavmwm Rea,-42Inch As,ohs t.5 inch Cement T,,-jcd Basel 12 OY k8 IT Sd31 $15 10 E 8Y,615 00 20 L-mooAsohft Crab Reour P2 arch ArVbl(&inch _of .led Basel 3_0118 LF ?',8' SIR 00 S 1,824.00 21 LcnO>a:arc Asphalt Sidewalk Repair(2 inch Asphalt,6 inch Cement Treated Base) 3201 18 LF 4 S;0 00 S 120,N) 22 fvmpmary Asphalt Valley Gutter Repair(2 inch Asphalt,6 inch Cement Treated Base) 3201 18 L!' 1 535.00 $ 135.00 23 Cone Pvrni Repair,Residential ),Of 29 .S"Y` 54 $6500 S 3,510.00 24 Cone P-1 Repair,Aiierial/Industrud 3201 7a SY C41 575.00 S 10,575.0.1 25 6"Conc Curb and Gutter 32 16 13 IT 2+s slow S 78000 26 9' Com:Valley Gutter,Residential 32 16 13 S1° E 1 S8t1 cal $ 66000 27 4"Com;Sidewalk 121320 SI' 2cn $5W S F,293.00 38 WConcrete Driveway 1320 5F In2 $500 S 29504 29 "C snd )29t 19 CY 37 Sl000 S 37000 30 Block Sod Placement 32 92 13 Sl' 3S.. 58,110 £ 1,252 011 31 Temporary Water Services .330440 LSt SE2,Uc0't.CA1 S 12-OW 00 72 3reslch Safray 330510 LF 5L,4'r St.00 $ 5,687.00 33 T-12"Ductile Iron Water Lina Fittings(sv/restraint as needed) 13 11 11 TON 5.1 S4,200.!k1 $ 23 420,00 14 16°Ductile Iron Water Line Fittings 33 it it TON k 7 57,000 DO S 11.900-0 15 ('ml:rdre Protection(Not needed for PVC pipe) 13 01;12 la 1 S 3t+ Fite Hydrant 33 12 40 EA 5 53,500.00 S 17,50,100 37 Ccmneco—to Existing 16"Water Main 33 17 25 FA I $2,r'N OO $ 2,00000 18 C..McOlrn to Existing 4"-)2"Water Main )3 1225 EA "s5 S1,tN 3r't0 S 35,10?JOG 14 !`Water Service,Meter Reconnection 331210 hA 127 £3D9.o0 $ 38,itX3,(N7 40 1'Water Service 131210 Ed 127 $1.100.on S 139,700,00 ,if V Private Water Service 13 12 10 J_F }16 X0.00 S 6.320 100 42 6`Gate Valve(No collar) 33 t 2 30 s?A 5 SLtHtY_QO S 5,000 00 41 8'Care V.I v G P collar) 13 12 20 FA 2g $I.20000 5 37,6011.00 44 16"Ga1C VsIYC w!Vault 13 12 20 EA 2 SI 2,OW0 00 S 24,OW 00 45 6"111—OJTVstc, 1113Y,0 r1S I 54,50000 c 00x100 46 Concrete Collar for Gare Valves 13 05 17 FA 17 510000 S 5,100.00 47 18"RCP,Class ill 1341 10 IT 24 £50,00 S 1,200.00 48 27"RCP,Class B1 33 41 E0 LF 14 57i OG 3 1,800.00 49 Trani,Com,of 3.f 71 L1 MO 51,000.00 S 3,wu)im Slf Canetnlcttnn Staking 017133 LS ! E6.500 00 S 650000 51 C"uNlrw.lrcrt Ssmry Of?I 24 L$ } $tr7,006,00 S t0.06fr.0O Contractor to select one pipe material option with their bid. UNIT I-WATER SUBTOTA 1 $ 787,321 00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Wale,end Sanitary Saver Replacement Form Revised 20120327 Conhaci 2015 WSM-B,Part 3 City Project Numher 02436 00 42 43 SID FORM Page 2 of 2 SECTION 00 42 43 PROPOSALFORM Addendum No. 1 UNIT PRICE BID Bidder's Application Project Item Infonnalion Bidders Proposal Bidlist Ilcm Description Unit of Bid No P Specification Section No Measure (u"Mlity Unit Price Bid Value UNIT II-S2N2%!Ysr ER I V Sewer Pipe n 11 10,33}I 12,33 1120 LF 1761 Sd900 S 79.375.0? E"02241 SDRPipe 33 If!0 LP 201 SdiLoO S 9,64800 3 9"Pipe Enlargement 13N 23 LF 146 So9.00 f 9.49000 4 Service Reinstatement,Pipe Enlargement JJ 1123 EA I LSW.OR 5 Sag Adjustment of Sewer Mai",Pipe Enlargement 331123 LF 20 57S.W S 150000 6 4'Marla Daoole 3319 110.33 11926 EA 12 53,001)00 S 36.000 00 7 4'Extra 4'Set M Mannnhol, 1339 10,73 7920 VP d S200.00 S 80000 8 Rrntovc d'Stssrr Mar4roto 024114 EA 9 5900.00 S 4,50000 9 4'Wide Asphalt Pvnit Rwarr Residential 3201 17 LF 12 $ib S 2,016.00 10 Asptsah Pvnu Rcpvr Beyond Defined Width,Residential 320117 SY 142 S4UW S 90000 I I Traulswary Asphalt Paving Repair(2 inch Asphalt,6 inch Cement Treated Rase) 32 0)19 LF 1927 SIS ou E 28.90100 12 Tempvnry Aq,hafl Curb Repair 320118 LF SI900 $ 1,44000 1 J Care Pvmt Repair,RC Idonwl 32 01 29 SY 211 $6500 E 14,165 00 14 9-Cmc VARey Guirn,Remkotlal 32 16 13 SY 17 56000 E 1.02000 15 6`Block Sod Driveway i 321320 Sr les $800 S L32000 16 ➢lock Sod Pi3p.cumcment II 32 92 13 SY $t SR 06 S 76500 17 Prc-CCTV lnspec0an 33 01 31 LIF (d6 SE.W S 1,368.00 !8 Post-CCTV Inspection 33 01 31 LF 2110 $309 S 6J.16 OD 19 Manhole s Vacuum Testing 33 01 30 EA 12 $30000 S 1,60000 21 renc3l Sakty 33 05 10 Lf, 1961 5--00 S 3,928.00 21 Cnnsrtic Cellon 22 J"Scsvcr Sema 330517 333150 EA 8 S3fk W S 2,40000 ?3 Tsa(Gc C'mnlol EA I5 SI.D0000 S 35,000.00 24 KFencn.Wood 3471 13 2110 2 SI-1900o S 2,10000 35 Consunplm StakrRe 323129 017123 LF SO $47.00 S 2250.!10 LS I u.000.ao s 4,010.90 2r1 CunsOuchrat 4errcy 01 71 23 1 1,S d SS.OSxI_s1D 5 S0000 UNIT It-SANITARY SEWER SUBTOTAL 5 171,760.00 RID RUNIAIA RY UNIT I-WATER $ 787,321,00 UNIT 11-SANITARY SEWER S 271,360.00 Total Bid § 1,058,681 00 END OFSEI[ ION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Water and SaNlary Sexe,Roplacement Form Revised 20120327 Contnd 2015 Wswe.Pan 3 Ctly PreJect Number 02436 00 43 13 BID FORM Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) Company Name Here hereinafter called the Principal, and (Surety Name) Surety Name Here a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Spell Out Numbers Here and No/100 Dollars ($ Numerals Here .00), the payment of which sum will be well and truly made and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-B, PART 3 NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this day of 12015. By: Company Name Here (Signature and Title of Principal) *By: Surety Name Here (Signature of Attorney-of-Fact) *Attach Power of Attorney(Surety)for Attorney-in-Fact Impressed Surety Seal Only END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Form Revised 20120327 City Project Number 02436 00 43 37 BID FORM Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of State Here or Blank , our principal place of business, are required to be % Here percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of State Here or Blank , our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. El BIDDER: Conatser Construction TX, LP By: Jerry Conatser PO Box 15448 Fort Worth, Texas 76119 (Signature) 0 Title: President Date: a&] ar r 15 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Contract 2015 WSM-B,Part 3 City Project Number 02436 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 1 SECTION 00 4511 2 BIDDERS PREQUALIFICATIONS 3 4 1. Summary.All contractors are required to be prequalified by the City prior to submitting 5 bids. To be eligible to bid the contractor must submit Section 00 45 12,Prequalification 6 Statement for the work type(s) listed with their Bid. Any contractor or subcontractor who is 7 not prequalified for the work type(s) listed must submit Section 00 45 13, Bidder 8 Prequalification Application in accordance with the requirements below. 9 10 The prequalification process will establish a bid limit based on a technical evaluation and 11 financial analysis of the contractor. The information must be submitted seven(7)days prior 12 to the date of the opening of bids.For example, a contractor wishing to submit bids on 13 projects to be opened on the 7th of April must file the information by the 31 st day of March 14 in order to bid on these projects.In order to expedite and facilitate the approval of a Bidder's 15 Prequalification Application,the following must accompany the submission. 16 a. A complete set of audited or reviewed financial statements. 17 (1) Classified Balance Sheet 18 (2) Income Statement 19 (3) Statement of Cash Flows 20 (4) Statement of Retained Earnings 21 (5) Notes to the Financial Statements, if any 22 b. A certified copy of the firm's organizational documents(Corporate Charter,Articles 23 of Incorporation,Articles of Organization, Certificate of Formation,LLC 24 Regulations, Certificate of Limited Partnership Agreement). 25 c. A completed Bidder Prequalification Application. 26 (1) The firm's Texas Taxpayer Identification Number as issued by the Texas 27 Comptroller of Public Accounts. To obtain a Texas Taxpayer Identification 28 number visit the Texas Comptroller of Public Accounts online at the 29 following web address www.window.state.tx.us/taxpermit/and fill out the 30 application to apply for your Texas tax ID. 31 (2) The firm's e-mail address and fax number. 32 (3) The firm's DUNS number as issued by Dun&Bradstreet. This number 33 is used by the City for required reporting on Federal Aid projects.The DUNS 34 number may be obtained at www.dnb.com. 35 d. Resumes reflecting the construction experience of the principles of the firm for firms 36 submitting their initial prequalification.These resumes should include the size and 37 scope of the work performed. 38 e. Other information as requested by the City. 39 40 2. Prequalification Requirements 41 a. Financial Statements. Financial statement submission must be provided in 42 accordance with the following: 43 (1) The City requires that the original Financial Statement or a certified copy 44 be submitted for consideration. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised July 1,2011 City Project No.02436 004511-2 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 registeredwiththe 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 (v ) I he 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised July 1,2011 City Project No.02436 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 END OF SECTION 7 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised July 1,2011 City Project No.02436 004512-1 PREQUALIFICATION STATEMENT Page 1 of 1 1 SECTION 00 4512 2 PREQUALIFICATION STATEMENT 3 4 Each Bidder for a City procurement is required to complete the information below by 5 identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the 6 major work type(s)listed. 7 _ Major Work Type Contractor/Subcontractor Company Name Prequalification _ Expiration Date Water Im rovements Ott Sewer Am rovements CDY1ph52('['t�t�-�r1i�tio,o•"f5(1 Lf� 9 10 The undersigned hereby certifies that the contractors and/or subcontractors described in 11 the table above are currently prequalified for the work types listed. 12 13 BIDDER: 14 15 l 1 A By: J42(( �i�'�r- 16 Company lease int) 17 n 18 �'•O- 15 � _ Signature: 19 Address w,� _`` 20 . y' �(pSlA'01/1-�- 21 � 4 UJ�I� 1[tle; 22 City/State/Zip (Please Print) 23 24 Date: 0$1a71 ':a0,5 25 26 END OF SECTION 27 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONS'T'RUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised July 1,2011 City Project No.02436 FORT WORTH SECTION 00 4513 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" 0045 13-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES,CONTINUED Sewer CIDP, 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised December 20,2012 City Project No.02436 0045 13-4 BIDDER PREQUALIFICATION APPLICATION Page 4 of 8 1. List equipment you do not own but which is available by renting DESCRIPTION OF EQUIPMENT NAME AND DETAILED ADDRESS OF OWNER 2. How many years has your organization been in business as a general contractor under your present Maine? 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 prciects has your organization completed in Texas and elsewhere? CLASS LOCATION NA1+iIE AND DETAILED CONTRACT OF DATE CITY-COUNTY- ADDRESS OF OFFICIAL TO AMOUNT WORK- COMPLETED STATE WHOM YOU REFER *If requalifying only show work performed since last statement. 5.Have you ever failed to complete any work awarded to you? If so, where and why? 6.Has any officer or owner of your organization ever been an officer of another organization that failed to complete a contract? If so, state the name of the individual, other organization and reason. 7.Has any officer or owner of your organization ever failed to complete a contract executed in his/her name? If so, state the name of the individual, name of owner and reason. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised December 20,2012 City Project No.02436 0045 13-5 BIDDER PREQUALIFICATION APPLICATION Page 5 of 8 8. In what other lines of business are you financially interested? 9. Have you ever performed any work for the City? If so,when and to whom do you refer? 10. State names and detailed addresses of all producers from whom you have purchased principal materials during the last three years. NAME OF FIRM OR COMPANY DETAILED ADDRESS 11. Give the names of any affiliates or relatives currently debarred by the City. Indicate your relationship to this person or firm. 12. What is the construction experience of the principal individuals in your organization? PRESENT MAGNITUDE POSITION OR YEARS OF AND TYPE OF IN WHAT NAME OFFICE EXPERIENCE WORK CAPACITY 13. If any owner, officer, director, or stockholder of your firm is an employee of the City, or shares the 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised December 20,2012 City Project No.02436 0045 13-6 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) (��[ n 'General Partncl s Ojcers Secretary Limited Partners(if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers(with titles, if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals,please attach a certified copy of the corporate resolution, corporate minutes,partnership agreement, power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised December 20,2012 City Project No.02436 004513-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCESHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as 'various". The City, by allowing you to show only 30 types of equipment,reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model, and general common description of each. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised December 20,2012 City Project No.02436 0045 13-8 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 Prequali_fi_cation 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 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised December 20,2012 City Project No.02436 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 02436. Contractor further certifies that, pursuant to Texas Labor Code, Section 7 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 ,l./! By: L7e–Ax-Y 6w0I7SEff— 13 Company (P!eqase Print) 14 15 330-7 (1-rctrrn9• ST Signature: 16 Address 17 18 "r. Gt�/LTH, 7X :7h//1 Title: O2eSrL'Of"i T 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS ". § 11NDSEY S GRIER 23 =ter Notary public, state of Texas My commission Expires 24 COUNTY OF TARRANT § +'.`'� August 06, 2019 25 - 26 BEFORF, thla 11nes' d authority, on this day personally appeared 27 ,known to me to be the person whose name is 28 subscribed to4he foregoins 0b, nd acknowledged to me that he/she executed the same as 29 the act and deed of YY � for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVE( - ER MY HAND .SEAL OF OFFICE this day of 33 f , 2 _ 34 35 0�' 36 37 ot"Publijin and for the State of Texas 38 39 END OF SECTION 40 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised July 1,2011 City Project No.02436 00 45 40- 1 Minority Business Enterprise Specifications Page I of 2 1 SECTION 00 45 40 2 Minority Business Enterprise Specifications 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then a MBE subcontracting goal is 6 applicable. 7 8 POLICY STATEMENT 9 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 10 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 11 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 12 13 MBE PROJECT GOALS 14 The City's MBE goal on this project is 8%of the total bid value of the contract (Base bid applies to Parks 15 and Community Services). 16 17 Note: If both NIBE and SBE subcontracting goals are established for this project, then an Offeror 18 must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed responsive. 19 20 CONIPLIANCE TO BID SPECIFICATIONS 21 On City contracts $50,000 or more where a MBE subcontracting goal is applied, Offerors are required to 22 comply with the intent of the City's Business Diversity Enterprise Ordinance by one of the following: 23 1. Meet or exceed the above stated NIBE goal through MBE subcontracting participation,or 24 2. Meet or exceed the above stated MBE goal through MBE joint Venture participation,or 25 3. Good Faith Effort documentation,or; 26 4. Prime Waiver documentation. 27 28 SUBMITTAL OF REQUIRED DOCUMENTATION 29 The applicable documents must be received by the Purchasing Division, within the following times 30 allocated, in order for the entire bid to be considered responsive to the specifications. The Offeror shall 31 deliver the MBE documentation in person to the appropriate employee of the purchasing division and 32 obtain a date/time receipt. Such receipt shall be evidence that the City received the documentation in the 33 time allocated. A faxed and/or emailed copy will not be accepted. 34 1. Subcontractor Utilization Form, if received no later than 2:00 p.m., on the second City business goal is met or exceeded: day after the bid opening date, exclusive of the bid opening date. 2. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if day after the bid opening date, exclusive of the bid opening participation is less than stated goal: date. 3. Good Faith Effort and received no later than 2:00 p.m., on the second City business Subcontractor Utilization Form, if no day after the bid opening date, exclusive of the bid opening MBE participation: date. 4. Prime Contractor Waiver Form, received no later than 2:00 p.m., on the second City business if you will perform all day after the bid opening date, exclusive of the bid opening contracting/supplier work: date. 35 CITY OF FORT WORT14 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised June 9,2015 City Project No.02436 004540-2 Minority Business Enterprise Specifications Page 2 of 2 i 5. Joint Venture Form, if goal is met received no later than 2:00 p.m., on the second City business or exceeded. day after the bid opening date, exclusive of the bid opening date. 2 FAILURE TO COMPLY WITH TIIE CITY'S BUSINESS DIVERSITY ENTERPRISE ORDINANCE � 1 WILL RESULT IN THE BID BEING CONSIDERED NON-RESONSVI VE TO SPEC MIF CATIONS. Ii i i FAILURE'1`0 SiJPMI i Ti3i REQiJ e.ED MBE "DOCUMENTATION WILL RESULT IN THE BID j BEING CONSIDERED NON-RESPONSIVE.A SECOND FAILURE WILL RESULT IN TIIE OFFEROR 5 i _BEING DISQUALIFIED FORA PERIOD OF ONE YEAR.THREE FA LURES IN A FIVE YEAR DERiv'-D WIT I RESULT IN A LISQI,T A-;I ICAITON PERIOD€,''F TID:EE='EARS. 6 7 Any Questions,Please Contact The 1VI/WBE Office at(817)212-2674. v VY uv.•V 11V �Q 11 CITY OF FORT WORTH Water and unitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised June 9,2015 City Project No.02436 004541-1 SMALL BUSINESS ENTERPRISE GOAL Page 1 of 1 1 SECTION 00 45 41 2 SMALL BUSINESS ENTERPRISE GOAL 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than$50,000,then the SBE subcontracting goal may 6 be applicable. If the total dollar value of the contract is $50,000 or less,the SBE subcontracting goal 7 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 Small 11 Business Enterprises (SBE) 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 SBE PROJECT GOAL 15 The City's SBE goal on this project is 0 % 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 SBE 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 SBE goal through SBE subcontracting participation,or 25 2. Meet or exceed the above stated SBE goal through SBE Joint Venture participation,or 26 3. Good Faith Effort documentation,or; 27 4. Waiver documentation. 28 Failure to comply with the City's Business Diversity Ordinance, shall result in the Bid being 29 considered non-responsive.Any questions, please contact the M/WBE Office at(817)392-6104. 30 31 SUBMITTAL OF REQUIRED DOCUMENTATION 32 The applicable documents must be received by the Managing Department, within the following 33 times allocated, in order for the entire bid to be considered responsive to the specifications. The 34 Offeror shall deliver the SBE documentation in person to the appropriate employee of the Managing 35 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the 36 documentation in the time allocated. A faxed copy will not be accepted. 1. Subcontractor Utilization Form, if goal is met received by 5:00 p.m., five (5) City business days after or exceeded: the bid opening date,exclusive of the bid opening date. 2. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form, if participation is less than the bid opening date,exclusive of the bid opening date. stated goal: 3. Good Faith Effort and Subcontractor received by 5:00 p.m., five (5) City business days after Utilization Form,if no MBE participation: the bid opening date,exclusive of the bid opening date. 4. Prime Contractor Waiver Form, if firm will received by 5:00 p.m., five (5) City business days after perform all subcontracting/supplier work: the bid opening date,exclusive of the bid opening date. 5. Joint Venture Form, if utilizing a joint venture received by 5:00 p.m., five (5) City business days after to meet or exceed goal. the bid opening date, exclusive of the bid opening date. 37 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revised December 20,2012 City Project No.02436 005243-1 Agreement Page I of 4 1 SECTION 00 52 43 2 AGREEMENT 3 THIS AGREEMENT, authorized on 3 May 2016 is made by and between the City of Fort 4 Worth, a Texas home rule municipality, acting by and through its duly authorized City Manager, 5 ("City"), and CONATSER CONSTRUCTION TX LP., authorized to do business in Texas, 6 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 Water and Sanitary Sewer ReplacementContraet 2015,WSB-B Part 3 City Proiect No.02436 16 DOE 7435. 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 160 Calendar days after the date 23 when the Contract Time commences to run as provided in Paragraph 2.03 of the General 24 Conditions. 25 3.3 Liquidated damages 26 Contractor recognizes that time is of the essence of this Agreement and that City will 27 suffer financial loss if the Work is not completed within the times specified in Paragraph 28 3.2 above, plus any extension thereof allowed in accordance with Article 12 of the 29 General Conditions. The Contractor also recognizes the delays, expense and difficulties 30 involved in proving in a legal proceeding the actual loss suffered by the City if the Work 31 is not completed on time. Accordingly, instead of requiring any such proof, Contractor 32 agrees that as liquidated damages for delay (but not as a penalty), Conti-actor shall pay 33 City Four Hundred and Twenty Dollars ($420.00) for each day that expires after the 34 time specified in Paragraph 3.2 for Final Acceptance until the City issues the Final Letter 35 of Acceptance. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-B,Part 3 Revised June 4,2012 City Project No.02436 005243-2 Agreement Page 2 of 4 36 Article 4. CONTRACT PRICE 37 City agrees to pay Contractor for performance of the Work in accordance with the Contract 38 Documents an amount in current funds of ONE MILLION FIFTY EIGHT THOUSAND SIX 39 HUNDRED AND EIGHTY ONE DOLLARS AND NO CENTS($1,058,681.00). 40 Article 5. CONTRACT DOCUMENTS 41 5.1 CONTENTS: 42 A.The Contract Documents which comprise the entire agreement between City and 43 Contractor concerning the Work consist of the following: 44 1. This Agreement. 45 2. Attachments to this Agreement: 46 a. Bid Form 47 1) Proposal Form 48 2) Vendor Compliance to State Law Non-Resident Bidder 49 3) Prequalification Statement 50 4) State and Federal documents(project specific) 51 b. Current Prevailing Wage Rate Table 52 c. Insurance ACORD Form(s) 53 d. Payment Bond 54 e. Performance Bond 55 f. Maintenance Bond 56 g. Power of Attorney for the Bonds 57 h. Worker's Compensation Affidavit 58 i. MWBE Commitment Form 59 3. General Conditions. 60 4. Supplementary Conditions. 61 5. Specifications specifically made a part of the Contract Documents by attachment 62 or, if not attached, as incorporated by reference and described in the Table of 63 Contents of the Project's Contract Documents. 64 6. Drawings. 65 7. Addenda. 66 8. Documentation submitted by Contractor prior to Notice of Award. 67 9. The following which may be delivered or issued after the Effective Date of the 68 Agreement and, if issued, become an incorporated part of the Contract Documents: 69 a. Notice to Proceed. 70 b. Field Orders. 71 c. Change Orders. 72 d. Letter of Final Acceptance. 73 74 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-B,Part 3 Revised June 4,2012 City Project No.02436 005243-3 Agreement Page 3 of 4 75 Article 6. INDEMNIFICATION 76 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 77 expense, the city, its officers, servants and employees, from and against any and all 78 claims arising out of, or alleged to arise out of,the work and services to be performed 79 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 80 under this contract. This indemnification provision is specifically intended to operate 81 and be effective even if it is alleged or proven that all or some of the damages being 82 sought were caused, in whole or in part, by any act, omission or negligence of the city. 83 This indemnity provision is intended to include, without limitation, indemnity for 84 costs,expenses and legal fees incurred by the city in defending against such claims and 85 causes of actions. 86 87 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 88 the city,its officers,servants and employees,from and against any and all loss,damage 89 or destruction of property of the city,arising out of,or alleged to arise out of,the work 90 and services to be performed by the contractor, its officers, agents, employees, 91 subcontractors, licensees or invitees under this contract. This indemnification 92 provision is specifically intended to operate and be effective even if it is alleged or 93 proven that all or some of the damages being sought were caused, in whole or in part, 94 by any act,omission or negligence of the city. 95 96 Article 7. MISCELLANEOUS 97 7.1 Terms. 98 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 99 have the meanings indicated in the General Conditions. 100 7.2 Assignment of Contract. 101 This Agreement, including all of the Contract Documents may not be assigned by the 102 Contractor without the advanced express written consent of the City. 103 7.3 Successors and Assigns. 104 City and Contractor each binds itself, its partners, successors, assigns and legal 105 representatives to the other party hereto, in respect to all covenants, agreements and 106 obligations contained in the Contract Documents. 107 7.4 Severability. 108 Any provision or part of the Contract Documents held to be unconstitutional, void or 109 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 110 remaining provisions shall continue to be valid and binding upon CITY and 111 CONTRACTOR. 112 7.5 Governing Law and Venue. 113 This Agreement, including all of the Contract Documents is performable in the State of 114 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 115 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-B,Part 3 Revised June 4,2012 City Project No.02436 005243-4 Agreement Page 4 of 4 116 7.6 Other Provisions. 117 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 118 classified, promulgated and set out by the City, a copy of which is attached hereto and 119 made a part hereof the same as if it were copied verbatim herein. 120 7.7 Authority to Sign. 121 Contractor shall attach evidence of authority to sign Agreement, if other than duly 122 authorized signatory of the Contractor. 123 124 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 125 counterparts. 126 127 This Agreement is effective as of the last date signed by the Parties 128 Contractor: City of Fort Worth Conatser Construction TX LP. By: ` Jesus J. Chapa By: Assistant City Manager (Signature) Date �f�z.rtY �pNg7SEtL Attest: (Printed Name) Mar . C se F 0 Ci ecretary (Seal) °® °QC Title: r„T o� S 8y Address: 53Z-7 (, J%Z-,sri9 6T• M&C 6— Z :�*;1 O °° ° Date: 5' 3 It 6 �� AS tzgtq�- 2016 -► rs;y City/State/Zip: Fl• Gtb,LTN �r j //9 A prove as to Form and Legality: Date Douglas W.Black Assistant City Attorney 129 130 131 APPROVAL RECOMMENDED: 132 133 134 134 OFFICIAL RECORD Christopher Harder,P.E. 136 SECRETARY Acting Assist. Director, 137 CITY Water Department 138 FT.Way",TX CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2014 WSM-B,Part 3 Revised June 4,2012 City Project No.02436 I Bond No. 0201455 0061 13-1 PERFORMANCE BOND Page I of 2 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction,TX,LP.,known as"Principal"herein and Berkley Insurance 8 Company , a corporate surety(sureties, if more than one)duly authorized to do business in 9 the State of Texas,known as"Surety"herein(whether one or more),are held and firmly bound 10 unto the City of Fort Worth,a municipal corporation created pursuant to the laws of Texas, 1 I known as"City"herein, in the penal sum of, ONE MILLION FIFTY EIGHT THOUSAND 12 SIX HUNDRED AND EIGHTY ONE DOLLARS AND NO CENTS($1,058,681.00). lawful 13 honey of the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of 14 which sum well and truly to be made,we bind ourselves, our heirs,executors, administrators, I5 successors and assigns,jointly and severally,firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City 17 awarded the 3 day of May,2016, which Contract is hereby referred to and made a part hereof for 18 all purposes as if fully set forth herein,to furnish all materials,equipment labor and other 19 accessories defined by law,in the prosecution of the Work, including any Change Orders, as 20 provided for in said Contract designated as Water and Sanitary Sewer ReptacementContract 21 2015,TVSB-B Part 3 City Project No.02436 DOE 7435. 22 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 23 shall faithfully perform it obligations under the Contract and shall in all respects duly and 24 faithfully perform the Work, including Change Orders,under the Contract, according to the plans, 25 specifications,and contract documents therein referred to, and as well during any period of 26 extension of the Contract that may be granted on the part of the City,then this obligation shall be 27 and become null and void, otherwise to remain in full force and effect. 28 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 29 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 30 Worth Division, 31 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 32 Texas Government Code,as amended,and all liabilities on this bond shall be determined in 33 accordance with the provisions of said statue. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 3 Revised July 1,2011 City Project No.2436 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 12th day of May, 2016 3 PRINCIPAL: 4 Conatser Construction TX, L.P. 5 6 7 BY: g ignature 9 ATTEST: 10 11 Jerry Conatser, President 12 (Principal)Secretary Name and Title 13 14 Address: 5327 Wichita St. 15 Fort Worth,TX 76119-6035 16 17 18 Vidim as in 19 SURETY: 20 Berkley Insurance Company 21 22 23 BY: 24 Signature 25 26 Robbi Morales,Attorney-in-fact 27 Name and Title 28 29 Address: 2711 N. Haskell Ave., Suite 800 30 Dallas,TX 75204 31 32 33 Witness as to Surety Telephone Number: 214/989-0000 34 35 36 37 *Note: If signed by an officer of the Surety Company,there must be, on file a certified extract 38 from the by-laws showing that this person has authority to sign such obligation. If 39 Surety's physical address is different from its mailing address, both must be provided. 40 The date of the bond shall not be prior to the date the Contract is awarded. 41 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 3 Revised July 1,2011 City Project No.2436 0061 14-1 PAYMENTBOND Page I of 2 Bond No. 0201455 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construetion,TX,LP., known as "Principal' herein, and 8 Berkley Insurance Company a corporate surety 9 (sureties), duly authorized to do business in the258- 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 sum of ONE MILLION FIFTY EIGHT THOUSAND SIX HUNDRED AND 13 EIGHTY ONE DOLLARS AND NO CENTS ($1,058,681.00)..lawful money of the United 14 States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and 15 truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 16 jointly and severally,firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 3 day of 18 May,2016,which Contract is hereby referred to and made a part hereof for all purposes as if 19 fully set forth herein, to furnish all materials,equipment, labor and other accessories as defined 20 by law, in the prosecution of the Work as provided for in said Contract and designated as Water 21 and Sanitary Sewer ReplacementContract2015,WSB-B Part 3 City Proiect No.02436 DOE 22 7435 23 NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Principal 24 shall pay all monies owing to any(and all)payment bond beneficiary(as defined in Chapter 2253 25 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, 26 then this obligation shall be and become null and void; otherwise to remain in full force and 27 effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 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 PORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICA"CION DOCUMENTS Contract 2015 WSM-B Part 3 Revised July I,2011 City Project No 2436 0061 14-2 PAYMENTBOND 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 12th day of May, 2016 3 PRINCIPAL: Conatser Construction TX, L.P. ATTEST: BY i ature Jerry Conatser, President (Principal) Secretary Name and Title Address: 5327 Wichita St. Fort Worth, TX 76119-6035 Wrtn s as rI SURETY: Berkley Insurance Company ATTEST: BY: C —a�6t,�,��v� l• Signature Robbi Morales, Attorney-in-fact (Surety) Secretary Name and Title Address: 2711 N. Haskell Ave., Suite 800 Dallas, TX 75204 Witness as to Surety Telephone Number: 214/989-0000 4 5 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 6 bylaws showing that this person has authority to sign such obligation. If Surety's physical 7 address is different from its mailing address, both must be provided. 8 9 The date of the bond shall not be prior to the date the Contract is awarded. 10 END OF SECTION 11 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 3 Revised July 1,2011 City Project No 2436 0061 19-1 MAINTENANCE BOND Page I of 3 Bond No. 0201455 1 SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Conatser Construction TX.LP., known as"Principal"herein and Berkley Insurance 8 Company ,a corporate surety(sureties,if more than one)duly authorized to do 9 business in the State of Texas,known as"Surety"herein (whether one or more), are held and 10 firmly bound unto the City of Fort Worth,a municipal corporation created pursuant to the laws of 11 the State of Texas, known as"City"herein, in the sum of ONE MILLION FIFTY EIGHT 12 THOUSAND SIX HUNDRED AND EIGHTY ONE DOLLARS AND NO CENTS 13 ($1,058,681.00), lawful money of the United States,to be paid in Fort Worth,Tarrant County, 14 Texas,for payment of which sum well and truly be made unto the City and its successors,we 15 bind ourselves, our heirs,executors, administrators, successors and assigns,jointly and severally, 16 firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 3 19 day of May 2016, which Contract is hereby referred to and a made part hereof for all purposes as 20 if fully set forth herein,to furnish all materials,equipment labor and other accessories as defined 21 by law, in the prosecution of the Work, including any Work resulting from a duly authorized 22 Change Order(collectively herein,the"Work")as provided for in said contract and designated as 23 Water and Sanitary Sewer ReplacementContract 2015,WSB-B Part 3 City Project No.02436 24 DDE 7435.; 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 two (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 PORT WORT14 Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 20I5 WSM-B Part 3 Revised July 1,2011 City Project No.2436 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THE, 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 I l 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,Fort 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 Water and Sanitary Suver Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 3 Revised July 1,2011 City Project No.2436 0061 19-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WIIERE OF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 12th day of May, 2016 _ 3 4 PRINCIPAL: 5 Conatser Construction TX, L.P. 6 7 g BY: 9 Signature 10 ATTEST: 11 12 Jerry Conatser, President 13 (Principal) Secretary Name and Title 14 15 Address: 5327 Wichita St. 16 Fort Worth, TX 76119-6035 17 18 19 Wi e s to 20 SURETY: 21 Berkley Insurance Company 22 23 24 BY��a�r��`��►vz����� 25 Signature 26 27 Robbi Morales, Attorney-in-fact 28 qA E T: Name and Title 29 30 Address: 2711 N. Haskell Ave., Suite 800 31 (CSureety) S�etetary Dallas, TX 75204 32 33 `�J L/I� 34 Wimess as to Surety Telephone Number: 214/989-0000 35 36 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its hailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 3 Revised July 1,2011 City Project No.2436 No.BI-7280f POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON,DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly -0 organized and existing under the laws of the State of Delaware,having its principal office in Greenwich, CT, has made,constituted and appointed, and does by these presents make, constitute and appoint: Ricardo J Reyna; Don E. Cornell; Vena DeLene Marshall;Sophinie Hunter;Robbi Morales; or Kelly A. Westbrook of Aon Risk Services Southwest, Inc. of Dallas, TX its true and lawful Attorney-in-Fact,to sign its name as surety only as delineated below and to execute,seal, acknowledge and deliver any and all bonds and undertakings, with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00),to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. a This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following d resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25,2010: 'o RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant oSecretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein C to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the o corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further a.Y RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, CIS or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated;and further b o RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and -o further ca RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any .r:: power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or 2 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as 3 though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have Q� ceased to be such at the time when such instruments shall be issued. -o IN WITNESS WHEREOF, the Company has cause- these presents to be signed and attested by its appropriate officers and its 111, o affixed corporate seal hereunto axed this�1tlay of -tlgy— o o -2 Attest: Berkley Insurance Company Cd cC {r (Seal) By l ByCd �✓ F" Ira S. e ermanJe� after a0 Senior Vice President&Secretary e r is Preside o W rA l WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE"BERKLEY" SECURITY PAPER. -o E STATE OF CONNECTICUT) '^ a COUNTY OF FAIRFIELD ) O e o Sworn to before me, a Notary Public in the State of Connecticut, this da of '�� , 2015, by Ira S. Lederman and Jeffrey M. Hafter who are sworn to me to be the Senior Vice President and Secre ary,an the Senior Vice Pre ident,respectively, of r. `�Berkley Insurance Company. MARIA C.RUNDBAKEN J , � /� ��Gam' > NOTARY PUBLIC �/ L MY COMMISSION EXPIRES otary Public, State of Connecticut .o APRIL30,2019 �7 CERTIFICATE I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a Vtrue, correct and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded Q and that the authority of the Attorney-in-Fact set forth therein, who executed the bond or undertaking to which this Power of 3 "Attorney is attached, is in full force and effect as of this date. Given under my hand and seal of the Company,this 12th day of May A 2016 (Seal) '41 A a Instructions for Inquiries and Notices Under the Bond Attached to This Power Berkley Surety Group is the affiliated underwriting manager for the surety business of: Acadia Insurance Company, Berkley Insurance Company,Berkley Regional Insurance Company, Carolina Casualty Insurance Company, Union Standard Insurance Company, Continental Western Insurance Company, and Union Insurance Company. To verify the authenticity of the bond, please call(866) 768-3534 or email BSGInquiry@berkleysurety.com Any written notices,inquiries, claims or demands to the surety on the bond to which this Rider is attached should be directed to: Berkley Surety Group 412 Mount Kemble Avenue Suite 310N Morristown, NJ 07960 Attention: Surety Claims Department Or email BSGClaim@berkleysurety.com Please include with all notices the bond number and the name of the principal on the bond. Where a claim is being asserted, please set forth generally the basis of the claim. In the case of a payment or performance,bond, please identify the project to which the bond pertains. IMPORTANT NOTICE To obtain information or make a complaint: You may call Berkley Surety Group, LLC and its affiliates by telephone for information or to make a complaint: BERKLEY SURETY GROUP, LLC Please send all notices of claim on this bond to: Berkley Surety Group, LLC (866) 768-3534 412 Mount Kemble Avenue, Suite 31 ON Morristown, NJ 07960 Attn: Surety Claims Department You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1 -800-252-3439 You may write the Texas Department of Insurance: P. O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: Cons umerProtectionAtdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact your agent or Berkley Surety Group, LLC first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for information only and does not become a part or condition of the attached document and is given to comply with Texas legal and regulatory requirements. ���sy®I DATE(MM/DD/YYYY) i® CERTIFICATE OF LIABILITY INSURANCE 5/1$/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: The Sweeney Company HO No E: (817)457-6700 NC No:(817)457-7246 1121 E. Loop 820 South E-MAADDRESS: P O BOX 8720 INSURERS AFFORDING COVERAGE NAIC tl Fort Worth TX 76124-0720 INSURERA:Bitco National Insurance Co 20109 INSURED INSURERB:Bitco General Insurance Corp20095 Conatser Construction TX, LP INSURERC: P.O.Box 15448 INSURER D: INSURER E: Fort Worth TX 76119 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLPOLICY NUMBER MMIDDY� MMIDD�YY LIMITS LTR X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE RTE A CLAIMS-MADE ❑X OCCUR PREM SESOEa occur ence_, $ 100,000 X CONTRACTUAL, XCU CLP 3 624 273 8/1/2015 8/1/2016 MED EXP(Any one person) $ 5,000 X INDEP CONT, BFPD PERSONAL&ADV INJURY $ 11000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 LOC PRODUCTS $PES 2,000,000 POLICY OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED CAP 3 624 272 8/1/2015 8/1/2016 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED Per a PROPERTY DAMAGE $ HIRED AUTOS AUTOS X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 51000,000 B EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED X RETENTION$ 10,000 CUP 2 807 688 8/1/2015 8/1/2016 $ WORKERS COMPENSATION X STATUTE ERH AND EMPLOYERS'LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE YIN E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? NIA B (Mandatory In NH) WC 3 624 271 8/1/2015 8/1/2016 E.L.DISEASE-EA EMPLOYE $ 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CONTRACT 2015 WSM-B PART 3, PROD 02436; DOE 7435 WATER & SANITARY SEWER REPLACEMENT. ALL POLICIES INCLUDE A BLANKET AUTOMATIC WAIVER OF SUBROGATION ENDT & THE GL, AUTO & UMB POLICIES INCLUDE A BLANKET AUTOMATIC ADDITIONAL INSURED ENDT PROVIDING ADDITIONAL INSURED & WAIVER OF SUBROGATION STATUS TO THE CERTIFICATE HOLDER ONLY WHEN THERE IS A WRITTEN CONTRACT BETWEEN THE NAMED INSURED & THE CERTIFICATE HOLDER THAT REQUIRES SUCH STATUS. THE GL ADDITIONAL INSURED ENDT CONTAINS SPECIAL PRIMARY & NONCONTRIBUTORY WORDING. THE POLICIES INCLUDE AN ENDT PROVIDING 30 DAYS NOTICE OF CANCELLATION(10 FOR NON-PAY OF PREMIUM)TO THE CERT HOLDER. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF FORT WORTH THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 1000 THROCKMORTON ST ACCORDANCE WITH THE POLICY PROVISIONS. FT WORTH, TX 76102 AUTHORIZED REPRESENTATIVE Charles Sweeney/JOYCE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025 0014on STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revision:December2l,2012 City Project No.02436 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology.......................................................................................................... 1 1.01 Defined Terms............................................................................................................................... l 1.02 Terminology..................................................................................................................................6 Article2—Preliminary Matters..................:.......................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3 —Contract Documents: Intent, Amending, Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents ................................................................................................................... 10 3.06 Electronic Data............................................................................................................................l l Article 4—Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points........................................................................................................... 11 4.01 Availability of Lands .................................................................................................................. 11 4.02 Subsurface and Physical Conditions .......................................................................................... 12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site.............................................................................. 14 Article 5—Bonds and Insurance .....................................................................................................................16 5.01 Licensed Sureties and Insurers ................................................................................................... 16 5.02 Performance, Payment, and Maintenance Bonds....................................................................... 16 5.03 Certificates of Insurance............................................................................................................. 16 5.04 Contractor's Insurance................................................................................................................ 18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................ 19 6.01 Supervision and Superintendence............................................................................................... 19 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revision:December2l,2012 City Project No.02436 6.02 Labor; Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.00 Patent Fees and Royaltles ...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 , i 1 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas .......................................................................................................28 6.13 Record Documents......................................................................................................................29 G 1^ 0 -F A D--+-.4; .29 V.1 r LJal%,Ly alll 1 1VLtrV Li.tl................................................................................................................. 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification ..........................................................._...,........................................................33 6.22 Delegation of Professional Design Services ..............................................................................34 1• 2 n v.23 iglu IV Auu" l.............................................................................................................................:J`i 6.24 Nondiscrimination.......................................................................................................................35 Article7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article 8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8 03 Pay When Due .............................. -..,,--,,,..,.,,.,,,_.. 36 8.04 Lands and Easements; Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities .......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Representative .....................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work ..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 Water and Sanitary Sewer Replacement CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract City P W Project No.Part 3 Revision:December2l,2012 City Project No.02436 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Worl. ...........................................................................................39 10.03 Execution of Change Orders.........I............I................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13 -Tests and Inspections; Correction, Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Worl..............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments ......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release ........................................................56 14.09 Waiver of Claims ........................................................................................................................57 Article 15 -Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revision:December2l,2012 City Project No.02436 Article17—Miscellaneous..............................................................................................................................62 17.01 Giving Notice..............................................................................................................................62 17.02 Computation of Times ................................................................................................................62 17.03 Cumulative Remedies.................................................................................................................62 17.04 Survival of Obligations...............................................................................................................63 17.05 Headings......................................................................................................................................63 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2015 WSM-B,Part 3 Revision:December2l,2012 City Project No.02436 UU/Z UU-I General Conditions Page I of 63 ARTICLE 1 –DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement--The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line, electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2015 WSM-13,Part 3 Revision:December2l,2012 City Project No.02436