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Contract 47863
C1�ry sEcRyETARV t i C;TTY"SECR�I/� FORT WORTH D.O.E. FILE CONTRACTOR'S BONDING CO. PROJECT MANUACONSTRUCTION'S COPY FOR NT DEPARTMENT THE CONSTRUCTION'd WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-B, PART 2 (MASON STREET, BEWICK STREET, AND 8TH AVENUE) City Project No. 02436 DOE No. 7434 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 S�P�� OF � July 2015 M..NNN...NN..N.....Ni. DDMUEL AARON 1FiEMPER yg N�NN .... �� `- UNAWA�/ 983fi6 DUNAWAY ASSOCIATES,L.P. 550 Bailey Avenue,Suite 400 AL Ft.Worth,TX 76107 Office: 817-335-1121/Fax:817-429-1370 www.dunaway-assoc.com 7 DALP#B001386.001 COFFICIALRECORD � tVEG ECRETARY SUN _ 2016 ORTH,TX t�l�� l SEGREY�IRTH FORTWORTH. City of Fort Worth Table of Contents 000000-1 TABLE OF CONTENTS Page 1 of 5 SECTION 00 00 00 TABLE OF CONTENTS Division 00- General Conditions 0005 10 Mayor and Council Communication 0005 15 Addenda 00 11 13 Invitation to Bidders 0021 13 Instructions to Bidders 0035 13 Conflict of Interest Affidavit 00 41 00 Bid Form 00 42 43 Proposal Form Unit Price 0043 13 Bid Bond 00 43 37 Vendor Compliance to State Law Nonresident Bidder 0045 11 Bidders Prequalifications 0045 12 Prequalification Statement 0045 13 Bidder Prequalification Application 00 45 26 Contractor Compliance with Workers'Compensation Law 00 45 40 Minority Business Enterprise Goal 00 45 41 Small Business Enterprise Goal 00 52 43 Agreement 0061 13 Performance Bond 0061 14 Payment Bond 0061 19 Maintenance Bond 00 61 25 Certificate of Insurance 00 72 00 General Conditions 00 73 00 Supplementary Conditions Division 01- General Requirements 01 1100 Summary of Work 01 2500 Substitution Procedures 01 31 19 Preconstruction Meeting 01 3120 Project Meetings 0132 16 Construction Progress Schedule 01 3233 Preconstruction Video 01 33 00 Submittals 01 35 13 Special Project Procedures 01 45 23 Testing and Inspection Services 01 5000 Temporary Facilities and Controls 01 5526 Street Use Permit and Modifications to Traffic Control 0157 13 Storm Water Pollution Prevention Plan 01 58 13 Temporary Project Signage 01 60 00 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 78 23 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 2 Revised November 22,2013 City Project No.02436 000000-2 TABLE OF CONTENTS Page 2 of 5 Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Division 99—Additional Technical Specifications 99 99 00 Gravel Surface Repair Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: hil2s://projecipoint.buzzsaw.com/client/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Specifications Division 02-Existing Conditions 0241 13 Selective Site Demolition 0241 14 Utility Removal/Abandonment 0241 15 Paving Removal Division 03- Concrete 03 30 00 Cast-In-Place Concrete 0334 13 Controlled Low Strength Material(CLSM) 0334 16 Concrete Base Material for Trench Repair 03 8000 Modifications to Existing Concrete Structures Division 31 -Earthwork 31 1000 Site Clearing 3123 16 312323 1 e free 3124 000 E'mbankfnei cS 31 25 00 Erosion and Sediment Control 313600 Gabions 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 321129 Lime Treated Base Courses 3211 333 Ceffie t T-feaat 'lecrvase Gatifses 32 1216 Asphalt Paving 32 1273 Asphalt Paving Cfaek Sealaftts- 32 13 13 Concrete Paving 32 1320 Concrete Sidewalks, Driveways and Barrier Free Ramps 32 1373 Concrete Paving Joint Sealants 32 14 16 Br-iek Unit Pa�viag 32 16 13 Concrete Curb and Gutters and Valley Gutters 32 1723 Pavement Markings 32 1725 Ger. Address Pain i fig 3231 13 Chain Fenees .,,1 Gates CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Revised November 22,2013 City Project No.02436 000000-3 TABLE OF CONTENTS Page 3 of 5 323126 Wir-e Fenees and Gates T CWeed TeTINZ3"and'Gates 32 32 i3 Cast in Plaee Gener-ete Retaining Walls 3291 19 Topsoil Placement and Finishing of Parkways 3292 13 Hydro-Mulching, Seeding,and Sodding 32 93 43 Trees and Shrubs Division 33-Utilities 33 01 30 Sewer and Manhole Tesiing 33 01 31 Closed Circuit Television(CCTV)Inspection 33 03 10 Bypass Pumping of Existing Sewer Systems 33 04 41 Gefrosien Gentfol Test Stations 33 04 30 Temporary Water Services 33 04 40 Cleaning and Acceptance Testing of Water Mains 33 04 50 Cleaning of Sewer Mains 3305 10 Utility Trench Excavation,Embedment, and Backfill 3305 12 Water Line Lowering 33 05 13 Frame, Cover and Grade Rings 33 05 14 Adjusting Manholes,Inlets,Valve Boxes,and Other Structures to Grade 33-05 16 Coney-ete Water Vaults 3305 17 Concrete Collars 33 05 33 0521 -runnel Linef Plat. 33 0522 330523 Hand T-tifinelin 33 0524 Mstalla4iofi of Ga"iet!Pipe in Casing E)r-Tunnel Lifief Pla+e 33 05 30 Location of Existing Utilities 33 11 05 Bolts,Nuts, and Gaskets 33 11 10 Ductile Iron Pipe 33 11 11 Ductile Iron Fittings 33 11 12 Polyvinyl Chloride(PVC)Pressure Pipe 33 i i i3 Goner-ete-Pfesstife Pipe,Bar- W-fapped, Steel C yli de f Type 33 !1 14 Befied Steel Pipe and Fittings 33 12 10 Water Services 1-inch to 2-inch 33 12 11 Lafge WE�tef Meters 33 1220 Resilient Seated Gate Valve 33 1225 Connection to Existing Water Mains 33 1230 Combination Air Valve Assemblies for Potable Water Systems 33 1240 Fire Hydrants 33 1250 Wa+ef Sample Stations 33 1260 Standard Blow-off Valve Assembly 33-3 i 0 Fiber-glass Rein f fee Pipe for-Gr -.ity Sanitary Sewers_ 33 3i i5 High Densib,Pe4yed+yletie(HDPE) Pipe fef Saftitaf-y Sewer- 33 3120 Polyvinyl Chloride(PVC)Gravity Sanitary Sewer Pipe 33 3121 Pely-vi"!Chloride (PVC)Glesed Pfefile Gfavib, Sa*itai�y Sewer-Pipe CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Revised November 22,2013 City Project No.02436 000000-4 TABLE OF CONTENTS Page 4 of 5 333122 Sanitafy Sewer Slip Lin' 33 3i 23 Sanitany Sewer-Dipe Ealargeme 33 31 50 Sanitary Sewer Service Connections and Service Line 33 3 1 70 GV„ Vin Ztie Ai f Valve f«S.flitafy C,. of F.fee ai fs 3339 10 Cast-in-Place Concrete Manholes 33 39 20 Precast Concrete Manholes 33 39 30 Fiberglass Manholes 33 3940 Wastewater-Aeeess Cha f( LAG) 33 39 60 Epoxy Liners for Sanitary Sewer Structures 3341 10 Reinforced Concrete Storm Sewer Pipe/Culverts 33-41 11High Density eb,ed'iyleir"c(14DDE`�pe of Stefm Dxznn 33 4600 StAdfainage 33 4601 Slotted Stefm D 33 4602 rends 33 49 10 Cast-in-Place Manholes and Junction Boxes 33 4920 Gtifb and ri fop Iftlet„ Division 34-Transportation 3441 10 Trak Signals 34 41 11 Temper-afy rr.-&ffi. Sigiials 34 41 13 Removing Tr-affie Signals 34 44 16 dost,.:.,„ Rybf:a Signal 34 4120 RoadwayilluinctierAssemblies 34 4130 Altimifitiffi Signs 3471 13 Traffic Control Appendix GG 4.01 Availability E)f LaPA-s GC-4.02 Subsurface and Physical Conditions GG 4.04 Undergretiad Faeilifies GG 4.06 HLzafdeiisEnvifenmerrtal Gefidifien at Site GC-6.06.1) Minority and Women Owned Business Enterprise Compliance GC-6.07 Wage Rates GG 6.09 Pell itsand Utilkies GG 6.24 Nendisefiminatieft GPS 01 60 00 P feduet Requ;,.effief is END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Revised November 22,2013 City Project No.02436 CERTIFICATE OF INTERESTED PARTIES C--,RPgVq FORM 1 95 101 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. 2016-14227 R&D Burns Brothers, Inc. Burleson,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 02/16/2016 being filed. City of Fort Worth,Texas Date Acl�p wled ed: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the goods or services to be provided under the contract. Contact 02436 Water and Sanitary Sewer Replacement Contract 2015 WSM-B Part 2 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Burns, Ronald BURLESON,TX United States X Burns, Donald BURLESON,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. SMEW MAtELWOOD Notary Public STATE OF TEXAS My Comm.Exp.Jun.04,2016 ignature of authorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE / Sworn to and subscribed before me,by the said LUV VJ.J this the day of c , 201 �P ,to certify which,witness my hand and seal of office. Ilr� �ova Signature of officer ad ' ' tering oath Printed name of officer administering oath Title of officer adn3LAistering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.34944 M&C Review Page 1 of 4 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FoRTWORTIll COUNCIL ACTION: Approved on 5/3/2016 - Ordinance No. 22195-05-2016 & 22196-05-2016 DATE: 5/3/2016 REFERENCE NO.: C-27709 LOG NAME: 6015WSMBP2- RDBROTHERS CODE: C TYPE: NOW PUBLIC CONSENT HEARING: NO SUBJECT: Authorize Execution of a Contract with R&D Burns Brothers, Inc., in the Amount of $1,527,905.60 for Water and Sanitary Sewer Replacement Contract 2015 WSM-B, Part 2 and Adopt Appropriation Ordinances (COUNCIL DISTRICT 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$1,487,200.00 and the Sewer Capital Projects Fund in the amount of$353,100.00 from available funds; and 2. Authorize the City Manager to execute a contract with R&D Burns Brothers, Inc., in the amount of $1,527,905.60 for Water and Sanitary Sewer Replacement Contract 2015 WSM-B, Part 2. 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: STREET FROM I TO SCOPE OF WORK W. Mason Street 11 Travis Avenue 11 S. Henderson Streetil Water/Sewer W. Bewick Street 11 8th Avenue I Willina Avenue Water 8th Avenue 11 W. Berry Street W. Biddison Street Sewer Alleyway between 8th Avenue& Ryan Avenue W. Biddison Street Shaw Street Sewer Alleyway between 8th Avenue&James 400 N. of W Berry Avenue W. Berry Street Street Sewer Alley between 8th Alley between 8th Avenue&James Avenue&Ryan Devitt Street Avenue Avenue Sewer Alley between 8th Avenue&Ryan W. Lowden Street Cleburne Road Avenue Sewer . The project was advertised for bid on July 16, 2015 and July 23, 2015 in the Fort Worth Star- http://apps.cfwnet.org/council_packet/me_review.asp?ID=22202&councildate=5/3/2016 5/4/2016 M&C Review Page 2 of 4 Telegram. On August 6, 2015, the following bids were received: BIDDER AMOUNT TIME OF COMPLETION CD Builders, Inc.* $1,472,476.24 160 Calendar Days R&D Burns Brothers, Inc.** $1,527,905.60 Ark Contracting Services, LLC $1,562,848.75 Willimchultz, Inc. dba Circle"C"Construction $1,609,651.75 Company *CD Builders, Inc., has been rejected as not qualified due to repeated failures on multiple contracts to pay subcontractors and suppliers resulting in its surety contacting the City of Fort Worth and requiring that future contract payments be routed directly to it. ** R&D Burns Brothers, Inc., has agreed to honor its unit bid prices for this project. In addition to the contract cost, $178,300.00 (water: $141,700.00; sewer: $36,600.00) is required for project management, inspection and material testing and $134,095.00 (water: $98,095.00; sewer: $36,000.00) is provided for project contingencies. Appropriations for the Water and Sanitary Sewer Replacement Contract 2015, WSM-B Project will consist of the following: Existing 71 Additional Future Description J1 Appropriations Appropriations Appropriations* Project Total Engineering $424,132.00 $ 0.00 $ 0.00 $ 424,132.00 Construction $ 0.00 $1,527,905.00 $1,922,495.00 $3,450,400.00 Project Management, Inspection, Testing and Contingencies $49,000.00 $ 312,395.00 $ 470,205.00 $ 831,600.00 Project Total 11 $473,132.00 11 $1,840,300.00 11 $2,392,700.00 $4,706,132.00 Amounts rounded for presentation purposes. *One future construction contract and associated project costs, is anticipated to be approved by M&C in Spring/Summer 2016. Appropriations for the Water and Sanitary Sewer Replacement Contract 2015, WSM-B Project will consist of the following: FUND Appropriations* Water Capital Projects Fund 59601 11 $3,743,066.5-0-1 Sewer Capital Projects Fund 59607 $ 963,066.00 Project Total $4,706,132.00 *Amounts rounded for presentation purpose 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 - R&D Burns Brothers, Inc., is in compliance with City's BDE Ordinance by committing to 10 percent MBE participation. The City's MBE goal on this project is 10 percent. The project is located in COUNCIL DISTRICT 9, Mapsco 76Y, 90C and 90D. http://apps.cfwnet.org/council_packet/mc review.asp?ID=22202&councildate=5/3/2016 5/4/2016 M&C Review Page 3 of 4 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$1,487,200.00, the balance will be $11,826,270.00. 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$353,100.00, the balance will be 19,862,660.00. Fund Existing Additional Future Project Appropriations Appropriations A ro riations 11 Total* Water Operating 59601 $371,866.00 1 $1,487,200.00 $1,884,000.00 11 $3,743,066.00 Sewer Operating(59607) $101,266.00 $ 353,100.00 $ 508,700.00 $ 963 066.00 Total 11 $473,132.00 11 $1,840,300.00 11 $2,392,700.00 11 $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 4956001 CO2436 C017ZZ 2016 $1,487,200.00 1) 59601 0600430 5110101 CO2436 C01780 2016 $23,200.00 1 59601 0600430 5330500 CO2436 C01784 2016 $26,500.00 1 59601 0600430 5310350 CO2436 C01784 2016 $4,000.00 1 59601 0600430 5310350 CO2436 C01785 2016 $86,000.00 1 59601 0600430 5110101 CO2436 C01790 2016 $2,000.00 1 59607 0700430 4956001 CO2436 C017ZZ 2016 $353,100.00 1 596071 0700430 5110101 CO2436 C01780 2016 $5,600.00 1 59607 0700430 5310350 CO2436 C01784 2016 $2,000.00 1 59607 0700430 5330500 CO2436 C01784 2016 $6,400.00 1) 59607 0700430 5310350 CO2436 C01785 2016 $20,600.00 1 59607 0700430 5110101 CO2436 C01790 2016 $2,000.00 1 59601 0600430 5740010 CO2436 C01787 2016 $1,345,500.00 1 59607 0700430 5740010 CO2436 C01787 2016 $316,500.00 FROM Fund Department Account Project Program Activity Budget Reference# Amount ID I ID I I Year Chartfield 2 596011 0600430 1 5740010 ICO2436 I I C01787 1 2016 1 $1,247,458.10 596071 0700430 1 5740010 1 CO2436 I I C01787 1 2016 1 $280,447.50 Submitted for City Manager's Office b. Jay Chapa (5804) Originating Department Head: John Carman (8246) Additional Information Contact: Walter Norwood (5026) http://apps.cfwnet.org/council_packet/mc review.asp?ID=22202&councildate=5/3/2016 5/4/2016 M&C Review Page 4 of 4 ATTACHMENTS 6015WSMBP2 RDBROTHERS Map01.pdf 6015WSMBP2 RDBROTHERS Map02.pdf 6015WSMBP2-RDBROTHERS sewer AO.docx 6015WSMBP2-RDBROTHERS water AO.docx RD Burns CPN 02436 WSM B PT 2.pdf http://apps.cfwnet.org/council_pacicet/mc_review.asp?ID=22202&councildate=5/3/2016 5/4/2016 CITY OF FORT WORTH WATER DEPARTMENT ADDENDUM NO.1 WATER AND SANITARY SEWER REPLACEMENT CONRACT 2015 WSM-B,PART 2 CITY PROJECT No.02436 ADDENDUM RELEASE DATE:July 29,2015 BIDS RECEIVED DATE:August 6,2015 INFORMATION TO BIDDERS: The Plans, Specifications and Contract Documents for the above mentioned project are hereby revised and amended as follows: Syecifications: L SECTION 00 4100 Bid Form, Section 4.1 Time of Completion,replace 150 days with 180 days. 2. SECTION 00 42 43 Proposal Form Unit Price, revise Unit I — Water Bid Item No. 48 Traffic Control unit of measure to be per month and the bid quantity to be four(4) months. Revise Unit II—Sanitary Sewer Bid Item No. 19 Traffic Control unit of measure to be per month and the bid quantity to be two (2) months. Remove any reference to previously labeled lump sum unit of measure and quantity. 3. SECTION 00 45 40 Minority Business Enterprise Goal, replace old form dated December 20, 2012 with latest form revised by City on June 9,2015,see attached. 4. SECTION 00 52 43 Agreement,Article 3.2 Final Acceptance,replace 150 days with 180 days. 5. SECTION 00 52 43 Agreement,Article 3.3 Liquidated Damages, revise a portion of last sentence of paragraph to read, Contractor shall pay City Four Hundred and Twenty Dollars ($420.00) for each day. Clarifications: I. 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. A 10%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 2pm to have docs in Purchasing Division. Addendum No. 1 Water and Sanitary Sewer Replacement Contract 2015 WSM-B,Part 2 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 I"going forward. At 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. ( Plans and Details: 4 1. Modify and replace all corresponding notes within all construction plan sheets as directed and described below: "Temporary Asphalt Pavement Repair per Spec 32 01 18 (2"HMAC 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. Modify and replace note on Sheet 40-Standard Paving Details(1 of 2), Temporary Asphalt Pavement Repair Detail 32 01 18-DS21 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 11 33". Please acknowledge receipt of the Addendum in the following locations: 1 (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: "RECEIVED&ACKNOWLEDGED ADDENDUM NO. I" Failure to acknowledge the receipt of Addendum No. 1 could cause the subject bidder to be considered f "NON-RESPONSIVE",resulting in disqualification. A signed copy of this addendum shall be placed into the proposal at the time of bid submittal. Water Department John Robert Carman R F r ACKNOWLEDGED: Director B : ` B TO11ra o �, Y Y Tony Sholola,P.E. Company: R'i L^rrrtir V 'ice, c— Engineering Manager(Water Dept.) i Of AV ` rf OPli i• • �f x'•.108366 ,r Addendum No.1 `+j •• CEN 5�;•,•••�\ %� Water and Sanitary Sewer Replacement Contract 2015 WSM-B,Part 2 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 2, Water Project No. P253 609170243683, Sewer Project No. 7 P258 709170243683, DOE No. 7434, 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 6,2015 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 7,750 LF of 8-inch waterline and 113 LF of 12-inch waterline,along with 2,373 20 LF of 8-inch 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 DOCUMENT EXANIINATION AND PROCUREMENTS 27 The Bidding and Contract Documents may be examined or obtained on-line by visiting the City 28 of Fort Worth's Purchasing Division website at hiip://www.fortworth og v.or /&urchasing//and 29 clicking on the Buzzsaw link to the advertised project folders on the City's Buzzsaw site.The 30 Contract Documents may be downloaded, viewed, and printed by interested contractors and/or 31 suppliers. 32 33 Copies of the Bidding and Contract Documents may be purchased from DUNAWAY 34 ASSOCIATES, L.P.,which is located at: 550 Bailey Avenue, Suite 400, Fort Worth, Texas 35 76107, Phone: (817)335-1121: 36 37 The cost of Bidding and Contract Documents is: 38 Set of Bidding and Contract Documents with full size drawings: $80 39 Set of Bidding and Contract Documents with half size drawings: $40 40 41 A 10% MBE goal has been assigned to this project. The following are amendments to the 42 Business Diversity Enterprise(BDE)Ordinance: 43 0 Contractors to submit BDE documentation in 2 days 44 a BDE Documentation must be received by the Purchasing Division by 2pm, on the 45 second City business day after bid opening, exclusive of bid opening day. 46 0 If the first Offeror/Contractor does not submit the documentation as required they will 47 be deemed non-responsive. 48 Project Manager will notify the second offeror in writing that they have until the 49 second City business day by 2pm to have docs in Purchasing Division. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Revised July 1,2011 City Project No.02436 0011 13-2 INVITATION TO BIDDERS Page 2 of 2 1 If second offeror is non-responsive the Project Manager will notify the third offeror in 2 writing that they have until the second City business day by 2pm to have docs in 3 Purchasing Division. 4 2 day submittal requirement begins on Goals set on April 1" going forward. 5 MBEs and SBEs with a Principle Place of Business outside of the 6 County 6 Marketplace must have a Significant Business Presence 7 Updated BDE(M/WBE) Forms with 2 day submittal requirement are available on 8 Buzzsaw and Public Folders M/WBE. 9 10 PREBID CONFERENCE 11 A prebid conference will be held at the following location, date, and time: 12 DATE: July 30, 2015 13 TIME: 9:30 A.M. 14 PLACE: City Hall 15 LOCATION: Water Administration Conference Room, Room No.225—located on 2nd floor of City Hall 16 17 CITY'S RIGHT TO ACCEPT OR REJECT BIDS 18 City reserves the right to waive irregularities and to accept or reject bids. 19 20 INQUIRIES 21 All inquiries relative to this procurement should be addressed to the following: 22 Attn: Walter Norwood, P.E., City of Fort Worth 23 Email: Walter.norwood@fortworthtexas.gov 24 Phone: 817-392-5026 25 AND/OR 26 Attn: Daniel Tremper, P.E., Dunaway Associates, L.P. 27 Email: dtremper@dunaway-assoc.com 28 Phone: (817)335-1121 29 30 ADVERTISEMENT DATES 31 July 16, 2015 32 July 23,2015 33 34 35 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Revised July 1,2011 City Project No.02436 0021 13-1 INSTRUCTIONS TO BIDDERS Page 1 of 9 1 SECTION 00 2113 2 INSTRUCTIONS TO BIDDERS 3 4 1. Defined Terms 5 6 1.1.Terms used in these INSTRUCTIONS TO BIDDERS,which are defined in Section 00 72 7 00-GENERAL CONDITIONS. 8 9 1.2.Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 10 meanings indicated below which are applicable to both the singular and plural thereof. 11 12 1.2.1. Bidder: Any person,firm, partnership, company, association, or corporation acting 13 directly through a duly authorized representative, submitting a bid for performing 14 the work contemplated under the Contract Documents. 15 16 1.2.2. Nonresident Bidder: Any person, firm,partnership, company, association, or 17 corporation acting directly through a duly authorized representative, submitting a 18 bid for performing the work contemplated under the Contract Documents whose 19 principal place of business is not in the State of Texas. 20 21 1.2.3. Successful Bidder: The lowest responsible and responsive Bidder to whom City 22 (on the basis of City's evaluation as hereinafter provided)makes an award. 23 24 2. Copies of Bidding Documents 25 26 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 27 resulting from the Bidders use of incomplete sets of Bidding Documents. 28 29 2.2.City and Engineer in making copies of Bidding Documents available do so only for the 30 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 31 for any other use. 32 33 3. Prequalification of Bidders (Prime Contractors and Subcontractors) 34 35 3.1.All Bidders and their subcontractors are required to be prequalified for the work types 36 requiring prequalification at the time of bidding. Bids received from contractors who are 37 not prequalified(even if inadvertently opened)shall not be considered. Prequalification 38 requirement work types and documentation are as follows: 39 40 3.1.1. Paving—Requirements document located at; 41 haps://projectl2oint,buzzsaw.com/fortworthgov/Resources/02%20- 42 %20Construction%2ODocuments/Contractor%2OPrequalification/TPW%2OPaving 43 %20Contractor%2OPrequalification%2OProgram/PREQUALfFICATION%20REO 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 2 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%2OProgram/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/fortworthgov/Resources/02%20- 9 %20Construction�i°20Doc�.:ments/Contractor%2OPreultalZf catZonJWater%20ard%2 10 OSanitary%2OSewer%2OContractor%2OPrequalification%2OProgram/WSS%20pre 11 qual%20requirements.doc?public 12 13 14 3.2.Each Bidder unless currently prequalified,must be prepared to submit too City within I 5 seven(7)calendar days prior to Bid opening,the doeunientatlon identified in Section VV 16 45 11, BIDDERS PREOUALIFICATIONS. 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, 25 to assist the City in evaluating and assessing the ability of the apparent low bidder(s) to 26 deliver a quality product and successfully complete projects for the amount bid within 27 the stipulated time frame. Based upon the City's assessment of the submitted 28 information, a recommendation regarding the award of a contract will be made to the 29 City Council. Failure to submit the additional information, if requested, may be grounds 30 for rejecting the apparent low bidder as non-responsive.Affected contractors will be 31 notified in writing of a recommendation to the City Council. 32 33 3.4.In addition to prequalification, additional requirements for qualification may be required 34 within various sections of the Contract Documents. 35 36 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 2 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 48 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 2 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 tC t_7'�l__1 Tl____--_-_7_ rill A An td__ [l__.___9_____._�___/l___J:1.'_.__ 71-*11-- !- t and estaUltshed ill r-a,-aga�pst 3a �.v/,or aitc 3upPteffle t ad�y .I0nd'iLSVSas. DacataUI Is 16 resnonsihle for any intclpretation or conclusion drawn frorn 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 2 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. I Oh 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 hiips://projecipoint.buzzsaw.com/client/fortworth og_v. 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 2 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 withtheGeneral--Requirements and the Work is to be completed andreadyfor 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 15lddiasg Dve iiairesstS wtaia7i3t e^vi::Sflucrativia of possible SiibStute or "or-equal" lte�ir8. 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 2 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 2 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 r c n:A„__.:h L_ J J___.J 1�_.,J�..LI:,.i_.,.++r,..._1......__,L...«,.D',7.. +,. t.,. ,..,L....:++,.,7 A.-. t-) Drds will ve opened and read aloud publicly ar hre place where Bides are tO uc auurrlrl,Lcd. rrrr 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 2 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 2 Revised November 27,2012 City Project No.02436 00 35 13-1 CONFLICT OF INTEREST AFFIDAVIT Page I of 1 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder,offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 Itt[p //Fv�v_»r.eitlic4.st�st�.ix,trslf'c�r+��s/�`l�,lad(� 12 13 I�tCp; www.et ics.siale.tx 151Fc�tnrslC'1S ptiP 14 15 CIQ Form is on file with City Secretary 16 17 CIQ Form is being provided to the City Secretary 18 19 CIS Form is on File with City Secretary 20 21 CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 27 7t By: f (/ (C( IVGc:` f 28 Company (Please Print) 29 _ 30 _ _!Q._Y' _ Signature: 31 Address .L 32 33 1� Title: rr q I 34 Cly 'tate/Zip o 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 2 Revised March 27,2012 City Project No.02436 00 41 00 BID FORM Page 1 of 5 SECTION 00 4100 BID FORM TO: The City Manager c/o:The Purchasing Department 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: WATER AND SANITARY SEWER REPLACEMENT CONTRACT 2015 WSM-B, PART 2 City Project No.: 02436 Units/Sections: Unit I-Water- Part 2 Unit II-Sanitary Sewer-Part 2 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 2 Form Revised 20120327 City Project Number 02436 00 41 00 BID FORM Page 2 of 5 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 180 days after the date when the the Contract Time commences to run as provided in Paragraph 2.03 of the General Conditions. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work(and/or achievement of Milestones)within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 4100 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms(optional at time of bid) f. Prequalification Statement,Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 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 Repfacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Form Revised 20120327 City Project Number 02436 00 41 00 BID FORM Page 3 of 5 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 6,2015 by the entity named below. Respectfu submitted, Receipt is acknowledged of the Initial followingAddenda: _ By: Addendum No. 1: DB (Signature) Addendum No. 2: Addendum No. 3: Donald Bums Addendum No.4: (Printed Name) Title: President Company. R&D Bums Brothers, Inc Corporate Seal: Address: P. O.Box 786 Burleson, Texas 76097 State of Incorporation: Texas Email: rdbumsbros@sbcglobal.net Phone: 817-447-0285 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Form Revised 20120327 City Project Number 02436 00 42 43 BID FORM Page I of 2 SECTION 00 42 43 PROPOSALFORM Addendum No. I UNIT PRICE BID Bidder's Application Project Item Information Bidder's Proposal Bidlist Description Specification Section No Unitof Bid Unit Price Bid Value Item No. Measure Quantity UNIT 1-WATER 1 16*Water Pipe 131110,331112 LF 15 $11000 $ 1.650.00 2 12"Water Pipe 33 Ill 10,33 11 12 LF 113 S58.00 $ 6,554.00 3 8'Wafer Pipe 33 11 10.33 It 12 LF 7727 $38.00 S 293,626.00 4 8'Water Pipe,CISM Backfill 33 1110,33 11 12 LF 21 $48.00 $ 1,008.00 5 8"DIP Water 31311 10 LF 55 552.50 S 2,88750 6 8"DIP Water,CLSM Backfill 3311 10 LF 40 562.00 S 2.480.00 7 6'Water Pipe 33 11 10.33 It 12 LF 85 $3500 S 2,975 00 8 Remove 6'Water Valve 0241 hi EA 1, 5100.00 S 1.60000 9 Remove 8'Water Valve 0241 14 EA 2 S 100.00 S 200.00 10 Remove 12"Water Valve 0241 14 EA 3 520000 S 600.00 11 Salvage Fire Ilydram 02.11 14 EA 3 5300.00 S -400-00 12 Salvage 16"Water Valve 0241 14 EA 1 $500.00 S 50000 13 SWPPP?1 acre 31 25 00 LS 1 53,000.00 S 3,000.00 14 W Wide Asphalt Pvmt Repair,Residential 3201 17 LF 1713 840.110 S 68,52000 15 Y Wide Asphalt Pvmt Repair,Residential 12()l 17 LF 3404 S45.011 S 153,180.00 16 6 Wide Asphalt Pvmt Repair,Residential 3201 17 LF 19 S6500 S 2,535.00 17 T Wide Asphalt Pvmt Repmr,Residential 3201 17 LF 67 585.00 S 5,69500 19 Asphalt Pvmt Repair Beyond Defined Width,Residential 3201 17 SY 27 550.00 S 1,350.00 19 Asphalt Pvmt Repair,Water Service 1201 17 LF 1709 540.00 S 68,360.00 20 Temporary Asphalt Paving Repair(2 inch Asphalt,6 inch Cement Treated 3201 13 LF Basel, 40P, $1800 S 72,288 00 21 Temporary Asphalt Curb Repair(2 inch Asphalt,6 inch Cement Treated 3201 18 LF Basel 48r, 52.00 S 972.00 22 Temporary Asphalt Sidewalk Repair(2 inch Asphalt,6 inch Cement Treated 3201 18 LF ? S2S00 T 5000 Basel 23 Conc Pvmt Repair,Residential 320129 SY 79 $14000 S Il.owo0 24 CorKPvmt Repair,ArteriaUlndustrial 320129 SY 123 $17500 S 21.87500 25 6"Cone Curb and Gutter 32 16 13 LF 8 $40.00 S 32000 26 9'Cone Valley Gutter,Residential 72 16 13 SY 27 5200.00 $ 5,400.W 27 Topsoil 329119 CY 41 5110.00 S 1.64000 28 Block Sod Placement 3292 13 SY 24S SIQ00 S 2,•i8t3.00 29 Temporary Water Services 330430 LS I S75.000.00 S 75,0oo 00 30 Trcnch Safety 3305 10 LF 8056 50.10 $ 8060 31 Ductile Iran Winer Fittings w!Restment 33 I 1 11 TON 6.0 $5,200.00 S 31,200.00 32 Fire Hydrant 331240 EA 8 S3,loo.00 S 24,800.00 33 Connection to Existing I6'Water Maw 33 1225 EA 3 54000.00 5 6,000.00 34 ContiectionIo,Efusting4*-I2"[Vater Main 33 1225 EA 17 585000 S 14,450.00 35 I"Water Service,Meter Reconnection 33 1210 EA Z38 $20000 S 47,600.00 36 2"Water Service,Meter Reconnection 331210 EA 1 5500.00 S 50000 37 1'Water Service 33 1210 EA 238 5950.00 $ 226.10000 38 2'Water Service 33 1210 EA 1 $2,500.00 T 2.500.00 39 1"Private Water Service 33 12 10 LF 440 $20.00 S 8,800.00 40 6'Gate Valve(No collar) 33 1220 EA 8 5925.00 S 7,400.00 41 8'Gate Valve(No collar) 33 12 20 EA 27 51,300.00 S 35,100.00 42 12'GateVelye(No collar) JJ 1220 EA 2 52,350.00 S 4,700.00 43 Concrete Collar for Gate Valves 33 05 17 EA 26 $50.00 S 1,300.00 44 18"RCP,Class 111 3341 10 LF 48 575.00 S 3,600.00 45 21"RCP,Class 111 3341 10 I-J.- 12 585.00 S 1,020.00 46 4'Storm Junction Box 33 49 10 EA 1 $6,000.00 S 6,00000 47 Concrete Collar for Junction Box 3305 17 EA 1 5600.00 S 600.00 48 Traffic Control 34 7113 Mo 4 52,200.00 S 8,80000 417 Loop Detector Cable Sawcut 344 1 441 10 LF 167 $15.00 S 2.50500 50 14 AWG Loop Detect Cable 3441 10 LF 43.1 58.00 S 3A72 00 UNIT I-WATER SUBTOTAL S 1,247,458.10 CITY OF FORT WORTH Water and Sanitary Sawer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Form Revised 20120327 City Project Number 02436 00 42 43 BID FORM Page 2 of 2 SECTION 00 42 43 PROPOSALFORM Addendum No. 1 UNIT PRICE RI® Bidder's Application Project Item Information Bidders Proposal Bidlist Unit of Bid Description Specification Sec[ion No Measure Quantity Unit Price Bid Value Item No UNIT 11-SANITARY SEWER 1 8"Sewer Pipe 33 11 10.3231 12,33 31 LF 2348 S50.00 S 117.40000 2 R'DIP Sewer Pipe 3311 10 LF 25 S9000 S 2,250.00 3 K Manhole 33 39 10,33 39 20 EA 10 $3.500 00 S 35,000.00 4 4'Drop Manhole 33 39 10.33 39 20 EA 1 S4.00000 S 4.00000 5 4'Extra Depth Manhole 33 39 10.33 39 20 VF 4.2 5200.00 S 840.00 6 Remove 4'Sewer Manhole 024114 EA 8 S350.00 S 2.80000 7 SWPPP>_i acre 312500 LS I SI.00000 S 1.000.00 9 4'Wide Asphalt Pvmt Repair,Residential 3201 17 LF 390 542.00 S 16.380.00 9 5'wide Asphalt Pwnt Repair.Residential _ 3201 17 LF 15 S49 OU S 720.00 I0 Asphnll P.nit Repair BeyondDe6ned Width,Residential 3201 17 SY 20 550.0(1 5 1,00000 I I Asphalt Pvmt Repair Bo)nnd Defied Width,Arterial 3301 17 SY I; 575.00 S 450.00 12 Temporary Asphalt Paving Repair(2 inch Asphalt,6 inch Cement Treated 3201 18 LF 40 52500 S 1,15000 owl 13 9'Cone Valley Gutter,Residential 321613 SY 40 5_'0000 S 8.00001) 14 Post-CCTV Inspection 33 01 31 LF 2373 $2.50 S 5.93250 15 Manhole Vacuum_Testing 330130 EA II 515000 S 1,630.00 16 Treach Safety 330510 LF 2373 52.00 S 4,746.00 17 Concrete Collar 33 05 17 EA 9 S600A0 S 5.400.00 18 4'Sewer Service 333150 EA G6 5750.00 S 49,30000 19 TratlicControl 347113 MO 52,200,00 S 4,400.00 20 Gravel Surface Repair 9999.0001 SY 1781 57.00 S 16,029.00 21 18'RCP.Class 111 1 3341 10 LF 2,i S75.00 S I&1000 UNIT 11-SANITARY SEWER SU111TOTAL S 280,447.50 IIIDSUNINIARV UNff I-WATER S 1,247,458.10 UNIT 11-SANITARY SEWER $ 280,447.50 Total Bid; $1,527.905.60 END OF SECTION CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Form Revised 20120327 City Project Number 02436 00 43 13 BID FORM Page 1 of 1 SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: That we, (Bidder Name) Company Name Here hereinafter called the Principal, and (Surety Name) Surety Name Here a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Spell Out Numbers Here and No/100 Dollars ($ 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 2 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 2 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 nr 91a- , our principal place of business, are required to be percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of our principal place of business, are not required to underbitesident bidders. i3./The principal place of business of our company or our parent company or majority owner is In the State of Texas. BIDDER: Company Name Here 13 , II � Y, � UV�Q�I& i.t.Y'hS Address Here Address Here or Space (Signature) City, State Zip Code Here Title: Title Here /- 100_� � � Date: l9 /4->� V— 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 004511-1 BIDDERS PREQUALIFICATIONS Page 1 of 3 i 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/taxperin 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 2 Revised July 1,2011 City Project No.02436 0045 11-2 BIDDERS PREQUALIFICATIONS Page 2 of 3 1 (2) To be satisfactory,the financial statements must be audited or reviewed 2 by an independent, certified public accounting firm registered and in 3 good standing in any state. Current Texas statues also require that 4 accounting firms performing audits or reviews on business entities within 5 the State of"Texas be properly licensed or registered with the Texas State 6 Board of Public Accountancy. 7 (3) The accounting flrin should state in the audit-report or review whether 8 the contractor is an individual,corporation, or limited liability company. 9 (4) Financial Statements must be presented in U.S. dollars at the current rate 10 of exchange of the Balance Sheet date. 11 (5) The City will not recognize any certified public accountant as 12 independent who is not, in fact, independent. 13 (6) The accountant's opinion on the financial statements of the contracting 14 company should state that the audit or review has been conducted in 15 accordance with auditing standards getierally accepted In the Un ted 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 2 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 2 Revised July 1,2011 City Project No.02436 0045 12-1 PREQUALIFICA't'ION STATEMENT Page I of] 1 SECTION 00 45 12 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 _ _ Y iration Dat Exe I - _ Water Improvements Sewerlmproverreents j ,�—� „�� � `ea 8 9 to 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 r --- 15 16 Company t� (Please Print) 17 — 18Signature: ---- 19 Address 201 ►1_ 1 _ � Title: .f 22 */State/Zip (Please Print) 23 24 Date: S 25 26 END OF SECTION 27 CITY OF PORT WOR 1'H Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMEN'T'S Contract 2015 WSM-B,Part 2 Revised July 1,2011 City Project No.02436 fORT WORTH SECTION 00 45 13 lk 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 13-2 BIDDER PREQUALIFICATION APPLICATION Page 2 of 8 BUSINESS CLASSIFICATION The following should be completed in order that we may properly classify your firm: (Check the block(s)which are applicable—Block 3 is to be left blank if Block 1 and/or Block 2 is checked) ❑ Has fewer than 100 employees and/or Has less than $6,000,000.00 in annual gross receipts OR ❑ Does not meet the criteria for being designated a small business as provided in Section 2006.001 of the Texas Government Code. The classification of your firm as a small or large business is not a factor in determining eligibility to become prequalified. MAJOR WORK CATEGORIES Water Department Augur Boring-24-inch diameter casing and less Augur Boring-Greater than 24-inch diameter casing and greater Tunneling—36-Inches—60—inches, and 350 LF or less Tunneling-36-Inches—60—inches, and greater than 350 LF Tunneling—66"and greater, 3 50 LF and greater Tunneling—66"and greater,350 LF or Less Cathodic Protection Water Distribution, Development, 8-inch diameter and smaller Water Distribution,Urban and Renewal, 8-inch diameter and smaller Water Distribution,Development, 12-inch diameter and smaller Water Distribution,Urban and Renewal, 12-inch diameter and smaller Water Transmission,Development, 24-inches and smaller Water Transmission, Urban/Renewal,24-inches and smaller Water Transmission, Development, 42-inches and smaller Water Transmission, Urban/Renewal, 42-inches and smaller Water Transmission, Development,All Sizes Water Transmission, Urban/Renewal, All Sizes Sewer Bypass Pumping, 18-inches and smaller Sewer Bypass Pumping, 18-inches—36-inches Sewer Bypass Pumping 42-inches and larger CCTV, 8-inches and smaller CCTV, 12-inches and smaller CCTV, 18-inches and smaller CCTV,24-inches and smaller CCTV,42-inches and smaller CCTV, 48-inches and smaller CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Revised December 20,2012 City Project No.02436 0045 13-3 BIDDER PREQUALIFICATION APPLICATION Page 3 of 8 MAJOR WORK CATEGORIES, CONTINUED Sewer CIPP, 12-inches and smaller Sewer CIPP, 24-inches and smaller Sewer CIPP, 42-inches and smaller Sewer CIPP, All Sizes Sewer Collection System, Development, 8-inches and smaller Sewer Collection System, Urban/Renewal, 8-inches and smaller Sewer Collection System, Development, 12-inches and smaller Sewer Collection System, Urban/Renewal, 12-inches and smaller Sewer Interceptors, Development, 24-inches and smaller Sewer Interceptors, Urban/Renewal,24-inches and smaller Sewer Interceptors, Development, 42-inches and smaller Sewer Interceptors, Urban/Renewal,42-inches and smaller Sewer Interceptors, Development, 48-inches and smaller Sewer Interceptors, Urban/Renewal, 48-inches and smaller Sewer Pipe Enlargement 12-inches and smaller Sewer Pipe Enlargement 24-inches and smaller Sewer Pipe Enlargement, All Sizes Sewer Cleaning, 24-inches and smaller Sewer Cleaning, 42-inches and smaller Sewer Cleaning, All Sizes Sewer Cleaning, 8-inches and smaller Sewer Cleaning, 12-inches and smaller Sewer Siphons 12-inches or less Sewer Siphons 24-inches or less Sewer Siphons 42-inches or less Sewer Siphons All Sizes Transportation Public Works Asphalt Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Asphalt Paving Construction/Reconstruction (15,000 square yards and GREATER) Asphalt Paving Heavy Maintenance (UNDER$1,000,000) Asphalt Paving Heavy Maintenance($1,000,000 and OVER) Concrete Paving Construction/Reconstruction (LESS THAN 15,000 square yards) Concrete Paving Construction/Reconstruction (15,000 square yards and GREATER) Roadway and Pedestrian Lighting CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 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 name? List previous business names: 3. How many years of experience in construction work has your organization had: (a) As a General Contractor: (b) As a Sub-Contractor: 4. *What projects has your organization completed in Texas and elsewhere? CLASS LOCATION NAME AND DETAILED CONTRACT OF DATE CITY-COUN'T'Y- 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 2 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 2 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) General_ Partners/Officers Secretary Limited Partners (if applicable) Treasurer LIMITED LIABILITY COMPANY BLOCK If a corporation: State of Incorporation Date of organization File No. Individuals authorized to sign for Partnership Officers or Managers (with titles, if any) Except for limited partners,the individuals listed in the blocks above are presumed to have full signature authority for your firm unless otherwise advised. Should you wish to grant signature authority for additional individuals, please attach a certified copy of the corporate resolution, corporate minutes, partnership agreement, power of attorney or other legal documentation which grants this authority. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Revised December 20,2012 City Project No.02436 1; 0045 13-7 BIDDER PREQUALIFICATION APPLICATION Page 7 of 8 14. Equipment $ TOTAL BALANCE SHEET ITEM QUANTITY ITEM DESCRIPTION VALUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Various- TOTAL Similar types of equipment may be lumped together. If your firm has more than 30 types of equipment, you may show these 30 types and show the remainder as "various". The City, by allowing you to show only 30 types of equipment, reserves the right to request a complete, detailed list of all your equipment. The equipment list is a representation of equipment under the control of the firm and which is related to the type of work for which the firm is seeking qualification. In the description include,the manufacturer, model, and general common description of each. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Revised December 20,2012 City Project No.02436 0045 13-8 BIDDER PREQUALIFICATION APPLICATION Page 8 of 8 BIDDER PREEQUALIF!r A`ION AFFIDAVIT STATE OF COUNTY OF The undersigned hereby declares that the foregoing is a true statement of the financial condition of the entity herein first named, as of the date herein first given; that this statement is for the express purpose of inducing the party to whom it is submitted to award the submitter a contract; and that the accountant who prepared the balance sheet accompanying this report as well as any depository, vendor or any other agency herein named is hereby authorized to supply each party with any information, while this statement is in force,necessary to verify said statement. , being duly sworn, deposes and says that he/she is the of , the entity described in and which executed the foregoing statement that he/she is familiar with the books of the said entity showing its financial condition; that the foregoing financial statement taken from the books of the said entity as of the date thereof and that the answers to the questions of the foregoing Bidder Prequalification Application are correct and true as of the date of this affidavit. Firm Name: Signature: Sworn to before me this day of , Notary Public Notary Public must not be an officer, director, or stockholder or relative thereof. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B,Part 2 Revised December 20,2012 City Project No.02436 00 45 26-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I 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: , 12 k �S �a � By: �JDUVIIIXC� 13 Company (Please Print) 14 Q l 15 Signature: 16 Address 17 {r 18 ( � ✓t�NcSv 1� �� ( c �'7 Title: �'i l 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT § 25 26 BEFOREE the} dersigned authority, on this day personally appeared 27 �cl 717 , known to me to be the person whose name is 28 subscribed to the for oing instrument, and acknowleked to me that he/she executed the same as 29 the act and deed of C t rw r/3-vu1to.•r,64, for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 33 20�v 34 35 36 " 37 SHELLI HAZELWOOD No Public in and f e State of Texas Notary PuMle 38 STATE OF TEXAS My Comm.Exp,Jun.04,2010 39 END OF SECTION 40 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-13,Part 2 Revised July 1,2011 City Project No.02436 004540-1 MINORITY BUSINESS ENTERPRISE GOAL Page I of I 1 SECTION 00 45 40 2 MINORITY BUSINESS ENTERPRISE GOAL 3 4 APPLICATION OF POLICY 5 If the total dollar value of the contract is greater than $50,000, then the MBE subcontracting goal 6 may be applicable. If the total dollar value of the contract is $50,000 or less, the MBE 7 subcontracting goal is not applicable. 8 9 POLICY STATEMENT 10 It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority 11 Business Enterprises (MBE) in the procurement of all goods and services. All requirements and 12 regulations stated in the City's current Business Diversity Enterprise Ordinance apply to this bid. 13 14 MBE PROJECT GOAL 15 The City's MBE goal on this project is 10 % 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. $50,000 where a MB h t t a b•aan ii.. JUIJCVI1LracLing gL�al i$ applleu, IUMNS, arc 22 required to comply with the intent of the City's Business Diversity Ordinance by one of the 23 following: 24 1. Meet or exceed the above stated MBE goal through MBE subcontracting participation,or 25 2. Meet or exceed the above stated MBE goal through MBE Joint Venture participation,or 26 3. Good Faith Effort documentation, or; 27 4. Waiver documentation. 28 Failure to comply with the City's M/WBE Ordinance, shall result in the Bid being considered non- 29 responsive. Any questions,please contact the M/WBE Office at(817)392-6104. 30 31 SUBMITTAL OF REQUIRED DOCUMENTATION 32 The applicable documents must be received by the Managing Department, within the following 33 times allocated, in order for the entire bid to be considered responsive to the specifications. The 34 Offeror shall deliver the MBE documentation in person to the appropriate employee of the Managing 35 Department and obtain a date/time receipt. Such receipt shall be evidence that the City received the 36 documentation in the time allocated. A faxed 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: I 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 2 Revised December 20,2012 City Project No.02436 004541 -1 SMALL BUSINESS ENTERPRISE GOAL Page I of I 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 Community 16 Services). Note: If both MBE and SBE subcontracting goals are established for this project, then an 17 Offeror must submit both a MBE Utilization Form and a SBE Utilization Form to be deemed 18 responsive. 19 20 COMPLIANCE TO BID SPECIFICATIONS 21 On City contracts 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: I 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 WS M-13,Part 2 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 R&D BURNS BROTHERS, INC., authorized to do business in Texas, acting by 6 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 Replacement Contract 2015 WSM-B Part 2 16 City project Number: 2436 DOE No. 7434 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), Contractor 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 2015 WSM-B Part 2 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 ONE MILLION FIVE HUNDRED 39 TWENTY SEVEN THOUSAND AND NINE HUNDRED FIVE DOLLARS AND SIXTY 40 CENTS ($1,527,905.60). 41 Article 5. CONTRACT DOCUMENTS 42 5.1 CONTENTS: 43 A.The Contract Documents which comprise the entire agreement between City and 44 Contractor concerning the Work consist of the following: 45 1. This Agreement. 46 2. Attachments to this Agreement: 47 a. Bid Form 48 1) Proposal Form 49 2) Vendor Compliance to State Law Non-Resident Bidder 50 3) Prequalification Statement 51 4) State and Federal documents(project specific) 52 b. Current Prevailing Wage Rate Table 53 c. Insurance ACORD Form(s) 54 d. Payment Bond 55 e. Performance Bond 56 f. Maintenance Bond 57 g. Power of Attorney for the Bonds 58 h. Worker's Compensation Affidavit 59 i. MWBE Commitment Form 60 3. General Conditions. 61 4. Supplementary Conditions. 62 5. Specifications specifically made a part of the Contract Documents by attachment 63 or, if not attached, as incorporated by reference and described in the Table of 64 Contents of the Project's Contract Documents. 65 6. Drawings. 66 7. Addenda. 67 8. Documentation submitted by Contractor prior to Notice of Award. 68 9. The following which may be delivered or issued after the Effective Date of the 69 Agreement and, if issued, become an incorporated part of the Contract Documents: 70 a. Notice to Proceed. 71 b. Field Orders. 72 c. Change Orders. 73 d. Letter of Final Acceptance. 74 75 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 2 Revised June 4,2012 City Project No.02436 005243-3 Agreement Page 3 of 4 76 Article 6. INDEMNIFICATION 77 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 78 expense, the city, its officers, servants and employees, from and against any and all 79 claims arising out of, or alleged to arise out of, the work and services to be performed 80 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 81 under this contract. This indemnification provision is specifically intended to operate 82 and be effective even if it is alleged or proven that all or some of the damages being 83 sought were caused, in whole or in part, by any act, omission or negligence of the city. 84 This indemnity provision is intended to include, without limitation, indemnity for 85 costs,expenses and legal fees incurred by the city in defending against such claims and 86 causes of actions. 87 88 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 89 the city,its officers,servants and employees,from and against any and all loss,damage 90 or destruction of property of the city,arising out of,or alleged to arise out of,the work 91 and services to be performed by the contractor, its officers, agents, employees, 92 subcontractors, licensees or invitees under this contract. This indemnification 93 provision is specifically intended to operate and be effective even if it is alleged or 94 proven that all or some of the damages being sought were caused, in whole or in part, 95 by any act,omission or negligence of the city. 96 97 Article 7. MISCELLANEOUS 98 7.1 Terms. 99 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 100 have the meanings indicated in the General Conditions, 101 7.2 Assignment of Contract. 102 This Agreement, including all of the Contract Documents may not be assigned by the 103 Contractor without the advanced express written consent of the City. 104 7.3 Successors and Assigns. 105 City and Contractor each binds itself, its partners, successors, assigns and legal 106 representatives to the other party hereto, in respect to all covenants, agreements and 107 obligations contained in the Contract Documents. 108 7.4 Severability. 109 Any provision or part of the Contract Documents held to be unconstitutional, void or 110 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 111 remaining provisions shall continue to be valid and binding upon CITY and 112 CONTRACTOR. 113 7.5 Governing Law and Venue. 114 This Agreement, including all of the Contract Documents is performable in the State of 115 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 116 Northern District of Texas,Fort Worth Division. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 2 Revised June 4,2012 City Project No.02436 005243-4 Agreement Page 4 of 4 117 7.6 Other Provisions. 118 The Contractor agrees to pay at least minimum wage per hour for all labor as the same is 119 classified, promulgated and set out by the City, a copy of which is attached hereto and 120 made a part hereof the same as if it were copied verbatim herein. 121 7.7 Authority to Sign. 122 Contractor shall attach evidence of authority to sign Agreement, if other than duly 123 authorized signatory of the Contractor. 124 125 IN WITNESS WHEREOF, City and Contractor have executed this Agreement in multiple 126 counterparts. 127 128 This Agreement is effective as of the last date signed by the Parties 129 Contractor: City of Fort Wortll R&Ik Burns Brothers Inc. B : Jesus J Chapa B Assistant City Manager (Signature) ` Date Attest: (Printed Name) J ays , ��®o°0p° 00Q" tty Secretary n n (Seal) Title: Si 00, Address: M&C G•- y��•p / LA Date: -3 -e t/ f 0241-# 7.0 tIY22 �. City/State/Zip: U,i l�' ���(pc?�t 7 o s to Form and Legality: Date Douglas W.Black Assistant City Attorney 130 131 132 APPROVAL RECOMMENDED: 133 134 C� I/CL Z_ 135 136 me RE 137 A ��Assist.DIRECTOR, 138 Water Department 139 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 2 Revised June 4,2012 City Project No.02436 006113-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 Bond No. 1001009478 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § U.S.Specialty Insurance 7 That we,R&D Burns Brothers,Inc.,known as"Principal"herein and Company ,a 8 corporate surety(sureties, if more than one)duly authorized to do business in the State of Texas, 9 known as"Surety"herein(whether one or more),are held and firmly bound unto the City of Fort 10 Worth, a municipal corporation created pursuant to the laws of Texas,known as"City"herein,in 11 the penal sum of, ONE MILLION FIVE HUNDRED TWENTY SEVEN THOUSAND AND 12 NINE HUNDRED FIVE DOLLARS AND SIXTY CENTS ($1,527,905.60),lawful money of 13 the United States,to be paid in Fort Worth,Tarrant County,Texas for the payment of which sum 14 well and truly to be made,we bind ourselves,our heirs, executors,administrators, successors and 15 assigns,jointly and severally,firmly by these presents. 16 WHEREAS,the Principal has entered into a certain written contract with the City awarded 17 the 3 day of May,2016,which Contract is hereby referred to and made a part hereof for all 18 purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories 19 defined by law,in the prosecution of the Work, including any Change Orders,as provided for in 20 said Contract designated as Water and Sanitary Sewer Replacement Contract 2015 WSM-B 21 Part 2CW proiect Number:2436 DOE No. 7434 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. CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 2 Revised July 1,2011 City Project No.02436 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code, as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 6th day of May ,2016. 6 PRINCIPAL: 7 R&D Burns Brothers, Inc. 8 9 10 BY: - -- 11 Signature 12 ATTEST: 1314 airy_�J .s � 15 (Principal)Secretary Name and Title 16 17 Address: P.O. Box 786 18 19 20 21 Witness as to Principal 22 SURETY: 23 U.S.Specialty Insurance Company 24 25 26 BY: 27 Signature 28 29 Alicia Grumbles,Attorney-in-Fact 30 Name and Title 31 32 Address: 500 W. 13th Street 33 Fort Worth,TX 76102 34 LL 35 / cy✓t� 36 Witness as to Surety Telephone Number: 817-349-2267 37 38 39 40 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 41 from the by-laws showing that this person has authority to sign such obligation. If 42 Surety's physical address is different from its mailing address, both must be provided. 43 The date of the bond shall not be prior to the date the Contract is awarded. 44 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 2 Revised July 1,2011 City Project No.02436 POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY I tivl WEN-BY THESE PRESENTS: That American Contractors 4ftdimn Compal a Californiw:corpogigtidEuxa Bfft�mg-C pp an assumed name of American Contractors IndemmtCol at Ll ted=Sfates Surety Comp rig I ary and Mcorporation and U.S. Specialty Insurance Company, a Texas corporation(collectively,the-"Companies"), do by these presents make, constitute and appoint: Trag�y L.Gingras,William Mitchell Jennings, William Blanchard or Alicia Grumbles of Fort Worth,Texas 494ffieemd3hwful tomey(s)-in-fa�et,�n there=pqrgif capacity if more than one is named above,with full oweF tlyd lrsri -bier%by=confiarr�ts name,place!tftt exetu --- cknowledge and deliver any and all bonds,recogniza s=6"661a s or other instruments or contracts 4fsuf6tyship to include riders, amendments, and consents of surety, providing the bond penalty does not exceed ********************Ten Million******************** Dollars ($ **10,000,000.00** )• This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies:_ - lw�vwtffit th&President,any Vice-President,any Assistant Vice-President,any Secret��ssrstant See ry shall be and1sher0y=- i wgfffuP gpower anz�auflmii point any one or more suitable persons as Attorney(s)-in-Fact to reMsen€ffind acFfi5rUW on-bMf of the Compar ymbkctta thMlfowjn� -Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected l§)cthegWorate - MrRaM,ezktfiMI"gnature of any AftrMWc&andRseah5f thwCompany heretofore or hereafter affixed to any power of attorney�anyN-ertificatf-re=rl=afirle—zi - ium L"edmdra�ny power of attorii � ca-WbearmgMigsimile signature or facsimile seal shall be valid and binding upon the as vrt spr t mnAny-M-n-d or undertaking to which it is attached;_— - IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1 st day of December,2014. AMERICAN CONTRACTORS INDEMNITY COMPANY �EXABONDIht[ OMPANY - -- _ 100pora Siam UNITED STATES SURETY COMPANY U.S.SPEC CE QQ_MPANY PA R WSu Np� D .... ,l.n..s......., -[at NCQiPoMTED By: SEPT.2S.19 9D :<� Y:, iib` �Y:• •`C. Oji Y •fes ¢_ �. Daniel P.Aguilar,Vice President * "ter�nn`P laln"°`` — "ull -or=-otfi&officer comple rsxerttfit;a -ie�nly the identity of the individual who signed the ddMnffiUo33vhiclrthis certificate is attk ifid iAWth-eTTuWMMffess,accuracy,or validity of that document. Mate of California - County of Los Angeles SS: On this 1st day of December,2014, before me,Maria G.Rodriguez-Wong,a notary public, personally appeared Dan P.Aguilar,Vice President of American Contractors Andemn t)Company,Texas Bonding Company,United States Surety CompanyAnd=U.S.Special n urance Company wha=Prosed to me-o the=ba"mais to_ry-evidence to be the person whose name is subscribed to the w thin��nwTed dacknoged to me that 4i&ex€� Asm a �rr= - Shis-author=ize a ag• end that by his signature on the instrument the person,or the entity upon%ehMfwbW_the?person acted,exdr stfinerrtt k _- certify under PENALTY OF PERJURY under the laws of the State of California that thmegoing paragraph is true and correct. WITNESS my hand and official seal. MARIA G.RODRIGUEZ-WONG Commission#t 2019771 Notary Public-California z Los Angeles County M Comm.Expires Dec 20,2017 J I,Michael Chalekson,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and-effect-- In Witd s t 1 have hereunto set my hand and affixed the seals of suidgaMam—as al.-os Afigeles,Califor a t M-10INS-da �f - - .fit=1(;'• , - -- i Inrlrrr/„r” , llln Ir4/.r,,, luuirrnriq. Corporate Seals CTOq °51SUR , °pp1DINC�,, po\y�nsura' `�,.oat :.....s�ti,'% `d<� •:ry''., c`�0. .,Oa .0 m ,..........: a,. :p,ns� gr.P.• �` •..ps a`oi i'. '•mac ;¢•i '':o Michael Chalekson7 Assistant Secretary - la�J113�1�1V zswnc�o 1I 757 rua ,''4TEo•Ftet.: I*1...• 0\0 l\ 0061 14-1 PAYMENT BOND Page 1 of 2 1 SECTION 00 6114 2 PAYMENT BOND Bond No. 1001009478 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, R&D Burns Brothers Inc.., known as "Principal" herein, and 8 U.S. Specialty 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 I 1 corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the 12 penal sum of ONE MILLION FIVE HUNDRED TWENTY SEVEN THOUSAND AND 13 NINE HUNDRED FIVE DOLLARS AND SIXTY CENTS ($1,527,905.60),lawful money of 14 the United States,to be paid in Fort Worth,Tarrant County, Texas,for the payment of which sum 15 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 16 assigns,jointly and severally,firmly by these presents: 17 WHEREAS,Principal has entered into a certain written Contract with City, awarded the 18 3 day of May 2016,which Contract is hereby referred to and made a part hereof for all purposes 19 as if fully set forth herein,to furnish all materials,equipment,labor and other accessories as 20 defined by law, in the prosecution of the Work as provided for in said Contract and designated as 21 Water and Sanitary Sewer Replacement Contract 2015 WSM-B Part 2 City proiect Number: 22 2436 DOE No. 7434. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 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 FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 2 Revised July 1,2011 City Project No.02436 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 6th day of May ,2016. 3 PRINCIPAL: R&D Burns Brokers, Inc. n ATTEST: BY: �5n Signature Our (Princilfalj Secretary Name and Title Address: P.O. Box 786 Burleson,TX 76097 Witness as to Principal SURETY: U.S. Specialty Insurance Company ATTEST: BY: Signature see attached power of attorney Alicia Grumbles,Attorney-in-Fact (Surety) Secretary Name and Title Address: 500 W. 13th Street (f�_ /' /��--1,,AA Fort Worth,TX 76102 k'l�- 1>--,,sf _. Witness as to Surety Telephone Number: 817-349-2267 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 2 Revised July 1,2011 City Project No.02436 - POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY MEBY THESE PRESENTS: That American Contracts dndem lCotpariy, a Californig�etia '> aV g136ftd rnp an assumed name of American Contractors Indemni Wan};I is----motes Surety Con } a 14 ry3an ° corporation and U.S. Specialty Insurance Company, a Texas corporation(6iM6 tWthe"Companies"), do by thiWpi-estfits make, constitute and appoint: Tracy L.Gingras,William Mitchell Jennings, William Blanchard or Alicia Grumbles of Fort Worth,Texas �rud2hdllawful torney(s)-in-act,� it s r capacity if more than one is named above,with full v rand au#ht � y nkfreee its name,place 4n"tegd e"cutq&kknowledge and deliver any and all bonds,recognizaitK a tlertakj�F r er instruments or contract""sufflyship to include riders, amendments, and consents of surety, prumine bond penalty does not exceed ********************Ten Million******************** Dollars ($ **10,000,000.00** ), This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: e slvWMAKWthMesident,any Vice-President,any Assistant Vice-President,any�ret�or�nms n"ecietary shall be andjs=herd _ vowe> andaitori oint any one or more suitable persons as Attorney(s)-in-Fact to rdpRw&f and acffirldfidaMhelialf of the CompanMb €W th lIMir� - Attorney-in-Fact may be given full power and authority for and in the name of and on behalf of the Company,to execute,acknowledge and deliver,any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings, including any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts,and any and all notices and documents canceling or terminating the Company's liability thereunder,and any such instruments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected hKthe Corporate Sect ta_y. - _- - -- 2-ReWRea Wt>�the�signature of any authoriz icdfund-seaM tll�ompany heretofore or hereafter affixed to any power of attomey�ert dqt rqwinw Kanto bhesiml many power of attomey Dr b fi"b&fingg a nnimanle signature or facsimile seal shall be valid and binding upon the Wh e w t -�iny�uridirtakmg to which it is attachedZ IN WITNESS WHEREOF,The Companies have caused this instrument to be signed and their corporate seals to be hereto affixed,this 1 st day of December,2014. _ AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING£OMPANY Cofor �� UNITED STATES SURETY COMPANY U.S.SPI IALT�N 2 i( COMPANY u� onau nr,n, " uw ' NDING�O� �� ° •° ? - nn By: �� SEGi 25,1990:�� .Wi 9 �Y:• 'C, �7•: Y :fes s Daniel P.Aguilar,Vice President ....*..�'- 'r/„maunp`d"`c ...�ra,,,po`Pnumnuo° n unuao••�``` – _ Altotar @ul t otter officer compl tg isIdertlficale-vM-1®nly the identity of the individual who signed the dormme�=torwhieh-= certificate is attar d,wi1 notjhe*dtfiIWKbss,accuracy,or validity of that document. �tate=6f=California County of Los Angeles SS: On this 1st day of December,2014, before me,Maria G.Rodriguez-Wong,a notary public, personally appeared Dan P.Aguilar,Vice President of American Contractors Andemnity_Company,Texas Bonding Company,United States Surety Company-and-I.S.Specia- urance Company whQ==proved to mp-on ae�"f satts�evidence to be the person whose name is subscribed to the within iiistr�mffll cknoVftlged to me that he=executed tie same-m _ hi"fithofc:Wm=�nd that by his signature on the instrument the person,or the en%upoffUha FoM h It"erson acted,exedutelieAstrumenL certify under PENALTY OF PERJURY under the laws of the State of California that thiFftegoing paragraph is true and correct. -— - WITNESS my hand and official seal. MARIA G.RODRIGUUr ONG Commission#120,9771 Signature - - - &ate i;�_� Notary Public-California i Z ' Los Angeles County > MY Comm.Expires Dec 20.2017 I,Michael Chalekson,Assistant Secretary of American Contractors Indemnity Company,Texas Bonding Company,United States Surety Company and U.S.Specialty Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attomey,executed by said Companies,which is still in full force and effect;furthermore,the resolutions of the Boards of Directors,set out in the Power of Attorney are in full force and-effect- In -tndss1VhqreWI have hyreunto set my hand and affixed the seals of sfrd CoWalfs%t Los A#geles,California thrs a -of � � ,per Corporate Sea1SN "o�tiRpCTORsy' SSURFT` 40PIDIG Co, 0 ........... e.., Ad — 2,:• y. o ' I i O- W Z_ BondIo. — L f 3� r• �_ ;.Y Michael Chalekson,Assistant Secret - - _ _ M• ,.� '' r 006119-1 MAINTENANCE BOND Page 1 of 3 1 SECTION 00 6119 Bond No. 1001009478 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we,R&D Burns Brothers Inc.,known as"Principal"herein and g U.S.Specialty Insurance Companya 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 FIVE HUNDRED 12 TWENTY SEVEN THOUSAND AND NINE HUNDRED FIVE DOLLARS AND SIXTY 13 CENTS($1,527,905.60),lawful money of the United States,to be paid in Fort Worth,Tarrant 14 County,Texas,for payment of which sum well and truly be made unto the City and its 15 successors,we bind ourselves, our heirs,executors,administrators, successors and assigns,jointly 16 and severally, firmly by these presents. 17 18 WHEREAS,the Principal has entered into a certain written contract with the City awarded the 19 3 day of May,2016,which Contract is hereby referred to and a made part hereof for all purposes 20 as if fully set forth herein,to furnish all materials,equipment labor and other accessories as 21 defined by law,in the prosecution of the Work, including any Work resulting from a duly 22 authorized Change Order(collectively herein,the"Work")as provided for in said contract and 23 designated as Water and Sanitary Sewer Replacement Contract 2015 WSM-B Part 2City project 24 Number.2436 DOE No. 7434 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 FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 2 Revised July 1,2011 City Project Number 2436 0061 19-2 MAINTENANCE BOND Page 2 of 3 1 NOW THEREFORE,the condition of this obligation is such that if Principal shall 2 remedy any defective Work,for which timely notice was provided by City,to a completion 3 satisfactory to the City,then this obligation shall become null and void;otherwise to remain in 4 full force and effect. 5 6 PROVIDED,HOWEVER, if Principal shall fail so to repair or reconstruct any timely 7 noticed defective Work, it is agreed that the City may cause any and all such defective Work to 8 be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and 9 the Surety under this Maintenance bond; and 10 11 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 12 Tarrant County,Texas or the United States District Court for the Northern District of Texas,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 Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 2 Revised July 1,2011 City Project Number 2436 006119-3 MAINTENANCE BOND Page 3 of 3 1 IN WITNESS WHEREOF,the Principal and the Surety have each SIGNED and SEALED this 2 instrument by duly authorized agents and officers on this the 6thday of May ,2016. 3 4 PRINCIPAL: 5 R&D Burns Brothers, Inc. 6 7 8 BY: 9 ignature 10 ATTEST: 11 i 12 - r�t.� 1,.�y f C,0 S - 13 (Principa) ecretary Name and Title 14 15 Address: P.O. Box 786 16 _Burleson TX 76097 17 18 19 Witness as to Principal 20 SURETY: 21 U.S. Specialty Insurance Company 22 23 24 BY:A� 25 Signature 26 27 Alicia Grumbles,Attorney-in-Fact 28 ATTEST: Name and Title 29 30 see attached power of attorney Address: 500 W. 13th Street 31 (Su rety)Secretary Fort Worth,TX 76102 33 nl b&wAd,_ 34 Witness as to Surety Telephone Number: 817-349-2267 35 36 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 37 from the by-laws showing that this person has authority to sign such obligation. If 38 Surety's physical address is different from its mailing address, both must be provided. 39 The date of the bond shall not be prior to the date the Contract is awarded. 40 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Contract 2015 WSM-B Part 2 Revised July 1,2011 City Project Number 2436 - POWER OF ATTORNEY AMERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING COMPANY UNITED STATES SURETY COMPANY U.S.SPECIALTY INSURANCE COMPANY ALL WIEIZBY THESE PRESENTS: That American Contractms RklefiffiltV COr a California�orporatot Texas- EB6ffdirC=CWpMiyvan assumed name of American Contractors IndemniitM ani_Unitsates Surety Company, a l t iyland _ - �orporat on and U.S. Specialty Insurance Company, a Texas corporation (collect v 1 ,the"Companies"), do by thRepresents ni�ake, - constitute and appoint: Tracy L.Gingras,William Mitchell Jennings, William Blanchard or Alicia Grumbles of Fort Worth,Texas -_ 4ts�djaw&1_atorney(s)-in-Met,�en h irlsordkcapacity if more than one is named above,with fullVywer.andautftffityj herebyiongtred=tuts name,place ftdd,A�=eX&uwA cnowledge and deliver any and all bonds,recognizance uttdertlkl or r instruments or contracts su hip to include riders, amendments, and consents of surety, prdmin�tlie bond penalty does not exceed ********************Ten Million******************** Dollars ($ **10,000,000.00** ), This Power of Attorney shall expire without further action on December 20,2017. This Power of Attorney is granted under and by authority of the following resolutions adopted by the Boards of Directors of the Companies: ��I that thEPresident,any Vice-President,any Assistant Vice-President,any Srcreta any Asskffi etary shall be and_isheriib��witlrfnll= U.S. Specialty Insurance Company TEXAS COMPLAINT NOTICE IMPORTANT NOTICE AVISO IMPORTANTE 1. To obtain information or make a complaint: Para obtener informacion o para someter una que j a: 2. You may contact your agent. Puede comunicarse con su agente. 3. You may call the company's toll free telephone Usted puede llamar al numero de telefono gratis number for information or to make a complaint at: de la compania's para informacion o para someter una queja al: 1-800-486-6695 1-800-486-6695 4. You may also write to the company at: Usted tambien puede escribir a la compania: 601 S. Figueroa Street, Suite 1600 601 S. Figueroa Street, Suite 1600 Los Angeles,CA 90017 Los Angeles,CA 90017 5. You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion acerca coverages, rights, or complaints at: de companias, coberturas, derechos, o quejas al: 1-800-252-3439 1-800-252-3439 6. You may write to the Texas Department of Puede escribir al Departamento de Seguros de Insurance at: Texas al: Consumer Protection(111-1A) Consumer Protection(111-1A) P.O. Box 149091 P.O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 Fax No. (512)490-1007 Fax No. (512)490-1007 Web:http://www.tdi.texas.gov Web: http://www.tdi.texas.gov E-mail: ConsumerProtection@tdi.texas.gov E-mail: ConsumerProtectiongtdi.texas.gov 7. PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiene una disputa concerniente a su prima o a premium or about a claim you should contact the un reclamo,debe comunicarse con el agente o la agent or the company first. If the dispute is not compania primero. Si no se resuelve la disputa, resolved,you may contact the Texas Department puede entonces comunicarse con el departamento of Insurance. (TDI). 8. ATTACH THIS NOTICE TO YOUR POLICY UNA ESTE AVISO A SU POLIZA This notice is for information only and does not Esta aviso es solo para proposito de informacion y become a part or condition of the attached no se convierte en parte o condicion del document. documento adjunto. HCCSTXM0008/10 ACS CERTIFICATE OF LIABILITY INSURANCE DAT. 5/6/2016 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). NT PRODUCER NAMEACT Amanda Villanueva Higginbotham Insurance Agency, Inc. P"oNE 800-728-2374 FAx(AI817-347-6981 500 W. 13th Street EAIL Fort Worth TX 76102 -M .avillanueva@higginbotham.net INSURERS AFFORDING COVERAGE NAIC d INSURERA:Service Lloyds Insurance Company 43389 INSURED INSURER B:United Fire&Casualty Co. 13021 M. E. Burns Construction INSURER C: R and D Burns Brothers, Inc. P.O. Box 783 INSURER D Burleson TX 76097 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 161319936 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 BR POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MMIDD(YYYY MM/DD/YYYY LIMITS B X COMMERCIAL GENERAL LIABILITY 85315567 10/1/2015 10/1/2016 EACH OCCURRENCE $1,000,000 DAMAGE To RENTED CLAIMS-MADE ❑X OCCUR PREMISES Ea occurrence _$100,000 X PD DED$1.000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 M'OTHER: L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 ECLOCPRODUCTS-COMP/OPAGG $2,000,000 POLICY[J INGLE LI $ B AUTOMOBILE LIABILITY 85315567 10/1/2015 10/1/2016 Ea acecidennINDt $1,000,000 IXANY AUTO BODILY INJURY(Per person) $ AUTOSNED AUTOSULEDBODILYINJURY(Peraccident) $ HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident B X UMBRELLA LIAR �TXOCCUR 85315567 10/1/2015 10/1/2016 EACH OCCURRENCE $2,000,000 EXCESS LIAB IMS-MADE AGGREGATE $2,000,000 DED X I RETENTION$$10,000 $ A WORKERS COMPENSATION SRZB2287313 10/1/2015 10/1/2016 X I STATUTE I I OERH AND EMPLOYERS'LIABILITY IN ANY PROPRIETOR/PARTNER/EXECUTIVE YE.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEd$1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$1,000,000 B Leased/Rented Equipment 42085315567 10/1/2015 10/1/2016 Limit:$525,000 Ded:$1,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The General Liability and Automobile Liability policy includes a blanket automatic additional insured endorsement that provides additional insured status and General Liability,Automobile Liability and Workers'Compensation policy includes a blanket waiver of subrogation endorsement to the certificate holder only when there is a written contract between the named insured and the certificate holder that requires such status. The General Liability policy has a blanket Primary&Non Contributory endorsement that affords that coverage to certificate holders only See Attached... 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 Street ACCORDANCE WITH THE POLICY PROVISIONS. Ft.Worth TX 76102 AUTHORIZED REPRESENTATIVE @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: _ LOC#: ACC)I?" ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Higginbotham Insurance Agency, Inc. M. E. Burns Construction R and D Burns Brothers, Inc. POLICY NUMBER P.O. Box 783 Burleson TX 76097 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE where there is a written contract between the Named Insured and the certificate holder that requires such status. Umbrella is follow form. Proj:Water and Sanitary Sewer Replacement Contract 2015 WSM-B Part 2 City Project Number:2436 DOE No.7434 Certificate holder is insured as noted above and complete to include: City of Fort Worth, its officers,employees and servants. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 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 2 Revision:December 21,2012 City Project No.02436 Water and Sanitary Sewer Replacement Contract 2015 WSM-B-Part 2 City Project No.02436 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology.......................................................................................................... l 1.01 Defined Terms............................................................................................................................... 1 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 2 Revision:December2l,2012 City Project No.02436 6.02 Labor; Working Hours................................................................................................................20 6.03 Services, Materials, and Equipment...............................................................I...........................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties ...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes ...........................................................................................................................................28 6.12 Use of Site and Other Areas .......................................................................................................28 6,13 Record Documents......................................................................................................................29 6.14 Safety arrrd Protection .............................. ....... ...,..........................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification .........................................................................................................................33 6.22 Delegation of Professional Design Services ..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article7 -Othcr 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 Prograrn...............................................................................................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 Perfonned..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH Water and Sanitary Sewer Replacement STANDARD CONSTRUCTION SPECIFCATION DOCUMENTS Contract 2015 WSM-B-Part 2 Revision:December2l,2012 City Project No.02436